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Media & Speaking Engagements

Our Media & Speaking Engagements highlight attorneys quoted or profiled in the media and those invited to be panelists at local, national and international programs. Our attorneys are frequent participants within bar association conferences, industry seminars and roundtables. If you are a member of the media and would like to interview any of our attorneys and learn more about our practice areas or industry teams, please contact us.

Date Item » Media & Speaking Engagements Archive


Alan Behr, partner in the Intellectual Property Law Practice, commented on the Second Circuit Court's ruling regarding copyright and "fair use" in Intellectual Property Magazine.  The Fox News Network sued TVEyes, a media monitoring service, in the U.S. District Court of New York alleging infringed copyright of copied and re-distributed audiovisual content, enabling TVEyes’ subscribers to access of that content without Fox’s permission.

The Second Circuit ruled in favor of Fox News regarding the sharing of clips by TVEyes saying that their actions were "unlawfully profiting off the work of others by commercially re-distributing all of that work that a viewer wishes to use, without payment or licence.”

Alan's comments regarding the ruling:

“It’s great to see the Second Circuit affirm the limitations of fair use – even in a case where, to use a term it largely helped popularise, it found that the use in question was ‘transformative’ – that is, even though something new or at least perceivably different had been made from the use of content that was owned by someone else.”

He explained, “The key here was the extent of the use. The court noted that news segments are short and that the method of copying and dissemination by TVEyes would, ‘likely provide TVEyes’s users with all of the Fox programming that they seek and the entirety of the message conveyed by Fox to authorised viewers of the original’.”

Full article here (subscription required).


Partner Julian Perlman in, "US Army files complaint about the colors and team name of NHL's Vegas Golden Knights,"  has been quoted in a CNBC online article highlighting the U.S. Army's complaint filed with the U.S. Patent and Trademark Office (USPTO) against the National Hockey League team, the "Vegas Golden Knights".  The Army claims the NHL team’s colors and name are too similar to the Army’s parachute team and might cause confusion. According to statements from the U.S. Army, they had attempted to resolve the issue with the team for over a year.

See Julian’s comments below and read the article in full here.

The Army, he said, doesn't "want people thinking that this Vegas expansion team has the endorsement [of] or association with the Army's parachute team."

But Perlman predicted it would be a tough battle for the Army. "If they were going to litigate this case and try to stop them from using the mark, they would have to show evidence of confusion."

This is not the first time the NHL team has had issues involving the USPTO. Over a year ago, Julian commented on the denial by the USPTO of the registration of a trademark associated with their name – the "Vegas Golden Knights". Julian addressed the Office’s decision and cautioned entities about the window of opportunity associated with trademark registrations and the importance of identifying any already-registered marks that may be confusingly similar.


Jeffrey Q. Smith, senior counsel in the litigation practice at Phillips Nizer, has co-authored an informative piece for Judicature, a journal of Duke Law Center for Judicial Studies. “Going, Going, But Not Quite Gone: Trials Continue to Decline in Federal and State Courts. Does it Matter?” appears in the journal’s winter issue. The article includes carefully curated appendices. Jeffrey is a leading financial services litigator who has served as first chair on scores of cases for banks and other financial institutions. Judicature, published quarterly, contains articles by judges, scholars and practitioners.


The American Lawyer highlights the latest addition to our litigation team, Jeffrey Q. Smith, who joined our firm on November 1st. Jeff is quoted in, “Phillips Nizer Nabs Ex-Bingham McCutchen Rainmaker,” which highlights Jeff’s illustrious legal career as an experienced and respected litigator who has first-chaired dozens of cases for financial services companies.


Environmental partner Eileen Millett authors, "A Step Too Far From a 'SEP' In The Right Direction," an article appearing in this month's issue of The Practical Real Estate Lawyer, a publication of The American Law Institute (ALI). Eileen is a member of the Editorial Board of The Practical Real Estate Lawyer, and serves on the ALI CLE Environmental Advisory Panel. She highlights an interesting development from the Trump Administration that may affect the U.S. Environmental Protection Agency's policy on Supplemental Environmental Projects (SEPs). On June 5, 2017, the U.S. Attorney General Jeff Sessions, moved to limit, if not end, the practice of a company using settlement funds to aid projects that are not germane to an underlying dispute.


Law360 quotes partner and head of Technology Practice, Thomas "Tom" Jackson, in the article, “EU Privacy Shield Gets Good Marks, For Now,” published today.

Two years ago, the Court of Justice of the European Union found that the agreement between the U.S. and EU known as the Safe Harbor framework, under which personal data could be transmitted outside the EU, did not offer adequate protection, and was therefore invalid. The EU-U.S. Privacy Shield framework, which was accepted by the EU last year, is intended to provide greater protection for the personal data of EU citizens exported to the U.S. Today, Google, Facebook, Microsoft and over 2,400 other major companies rely upon the protection that certification under the Privacy Shield affords them in processing the personal information of EU citizens in the U.S. Last week, the European Commission published the first annual report on how well the Privacy Shield is working.


When Malls Were The Disruptors of Retail,” an article by Fashion Law chair, Alan Behr, was published by Chain Store Age, a leading source for retail news and industry analysis, including retail store operations, retail technology, store design and more. Alan reflects on the change in retail from the early 1900s at a period of time when stand-alone department stores still existed, including Krauss Company in New Orleans, Louisiana run by his family, but were soon made obsolete over time by the development of malls.


The Real Deal quotes Marc Landis in "Fine print hints at an even broader US crackdown on luxe real estate deals: Treasury is looking to close loopholes in LLC disclosure law" regarding the Treasury Department's Financial Crimes Enforcement Network (FinCEN) tracking of luxury residential real estate deals in places like Manhattan (New York County, New York). FinCEN has begun to close loopholes, such as 'all-cash' deals involving wire transfers used by residential purchasers that can be linked to money laundering. Individuals involved in the purchase of luxury residential real estate using an LLC or corporate entity are required to be disclosed by certain title insurance companies according to FinCEN's new rule. Commercial real estate deals may be next on FinCEN's radar.

Says Marc: "While the focus remains on luxury real estate, they’re foreshadowing [a focus on] commercial real estate...They’re continuing to broaden the things that they’re going to look at."




The firm filed an application seeking leave to intervene in two election law disputes on behalf of White Plains voters whose rights to free speech, due process and equal protection under the law were violated by the Westchester County Board of Elections (the “BOE”). The class representatives are Alexis Greer Heidenberg, a lifelong White Plains resident, and Mark Elliott, the chairman of the City of White Plains Board of Ethics and partner at Phillips Nizer.

For media coverage, see:


Trusts & Estates and International partner, Michael Galligan, co-moderates the 2017 STEP Israel Annual Meeting conference session, "International Trust & Succession Planning," on Wednesday, June 21. The conference will be held in Tel Aviv, Israel on June 20 - 21, 2017. | Conference Program


Partner Alan Behr presents, "f/8 and See You in Court: Legal Issues in Photography," at Adorama on Wednesday, June 21st. Along with chairing Phillips Nizer's Fashion Law Practice, Alan is also a member of the Art Law and Intellectual Property Law Practices. He is a working photojournalist and art photographer. | YouTube Video Replay: here

About Adorama: One of the largest retailers of photography, video, electronics and imaging equipment, Adorama events attracts professionals, aspiring professionals and hobbyists.


Managing Partner, Marc Landis, will be a featured speaker at the New York State Bar Association's (NYSBA) Managing Partners' Conference on “The Orderly Succession of Firm Governance and the Transition of Clients From Senior Partners to Other Members of the Firm” on Tuesday, June 20th from 5:00 - 6:30 p.m. | For details regarding this program or to register for the conference, click here.


On the heels of the Supreme Court's ruling siding with the Asian-American rock band, The Slants, to register the band's name with the U.S Patent and Trademark Office (USPTO), Alan Behr was quoted by the San Diego Tribune and Law360 about the significance of the court's decision.

The band's lead singer, Simon Tam, filed a lawsuit after the USPTO refused to register the band's name citing the Lanham Act, which prohibits any trademark that could be cited as disparaging against "persons living or dead." The band's leader disagreed saying the band was reclaiming the historically disparaging word as a point of pride. With the Supreme Court's unanimous decision agreeing with the band that the trademark registration refusal was unconstitutional, it is speculated that this could impact how the First Amendment is applied in other trademark cases. (On a related note: The NFL Washington Redskins has been involved in a long-running dispute with the USPTO over allegations that the team's nickname is disparaging to Native Americans.)

For more about the ruling, see here: San Diego Tribune; Law360


Michael Galligan, Trusts & Estates and International partner, presents at the Israel Bar Association Tel Aviv County International Private Law and Succession Committees seminar.  Michael's remarks will address "The European Union (EU) Succession Directive from a U.S. Perspective" on Monday, June 19 (9:45 - 11:15 a.m.). 


Alan Behr, Chair of the Fashion Law Practice and member of the Intellectual Property and Corporate & Business Law Practices, will co-present at the 2017 Internet Retailer Conference & Exhibition (IRCE) Conference being held in Chicago, Illinois (June 6 - 9, 2017).  Alan and his co-presenter, Zach Toczynski, Director, Anti-Counterfeiting at Levi Strauss & Co., will highlight "Knock It Off! Tactics to Combat Counterfeits" on Wednesday, June 7th (1:15 - 1:45 p.m.).  


Intellectual Property and Entertainment Law partner Helene Freeman will be a featured presenter at the 2017 Copyright Society of the U.S.A. Annual Meeting (June 4 - 6) in Philadelphia, Pennsylvania.  Helene's panel on Monday, June 5th is entitled, "Sound + Vision: Challenges in Evaluating Substantial Similarity of Musical Works."  More info here.


Regina Faul, Labor & Employment Law partner, was quoted by the Associated Press (AP) in the article, “What’s your past salary? Lawmakers want to ban the question.” In April, the New York City Council overwhelmingly approved a bill to prohibit employers from inquiring about or relying on, a prospective employee’s salary history. The bill was signed into law by Mayor Bill De Blasio on May 4, 2017. [Note: The AP has since been republished by several news sites including, The New York Times, The Washington Post and ABC News.]


Entertainment and Intellectual Property litigator, Helene Freeman, will be a featured speaker at the Defense Research Institute's 2017 Intellectual Property Litigation Section 2-day seminar in Chicago, Illinois. Helene will highlight the reasons for the differences in outcomes between the "Blurred Lines" and Led Zeppelin copyright infringement cases. Helene successfully defended Led Zeppelin in June 2016.


Marc Landis, our managing partner, was quoted by regarding President Trump's tax proposal. There will be lower income tax rates for some; potential interest rate increases for all. | Read the article here (subcribe or login via LinkedIn)


Law Firm Succession Planning,” an article authored by Marc Landis, Managing Partner, and Mark Elliott, Chair, Litigation Practice, has been published in the April 24th Partnership Special Report of the New York Law Journal. Julian Perlman, a partner in our Litigation Department, assisted in the preparation of this article.


Monica McCabe, partner in the Intellectual Property Practice, serves as program co-chair of the 32nd Annual Intellectual Program Law Conference (IPL) of the American Bar Association (ABA). The IPL, which is a two-day conference being held in Arlington, Virginia, attracts attorneys representing all areas of intellectual property law.  Monica is also a 2016-2017 ABA-IPL CLE Board Member.

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