Oren J. Warshavsky

Partner

New York
T 212.589.4624  |  F 212.589.4201

Oren Warshavsky focuses his work in the areas of intellectual property and complex litigation. He brings rich trial experience to his practice. Throughout his career, Oren has represented individuals and companies in numerous patent, trademark, copyright and commercial disputes, litigating cases in federal and state courts before judges and juries, and is counsel of record in more than 100 reported decisions. Oren serves as the leader of BakerHostetler's national Copyright, New Media, and Content Protection team. Oren has received local and national recognition for his work and remains at the forefront of major cases.

Oren is recognized by his peers as a leading attorney, having been named one of the top 100 lawyers in the New York metropolitan area, one of the top 50 intellectual property attorneys in the United States, a "Super Lawyer" every year since 2008, and is one of only 28 U.S. attorneys listed in Who’s Who Legal in Asset Recovery Lawyers. Oren is the Co-Editor of and contributor to BakerHostetler's IP Intelligence blog, offering commentary on intellectual property issues. Likewise, Oren is a contributor to BakerHostetler's Data Privacy Monitor blog, offering commentary on data privacy and information security topics.

Select Experience

  • Since 2009, has served as litigation counsel to the Securities Investor Protection Act (SIPA) Trustee for the global liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS), one of the largest financial frauds in history. Responsible for coordinating and overseeing teams of lawyers across the United States and around the world seeking to recover billions of dollars in assets for the customers of BLMIS who lost principal investments in the Ponzi scheme, and has been involved in litigations and settlements that have netted billions of dollars. Serves as lead attorney in numerous of the Trustee's lawsuits, including those against major financial institutions.
  • Is a lead lawyer on a team that represents a former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Through aggressive defense of the former managing director, team secured a rare non-prosecution agreement with the Justice Department and agreements with other regulatory authorities, which enabled the client to cooperate with federal prosecutors in the continuing investigations.
  • Attained successful jury verdict in New York federal court, affirmed by the Second Circuit, in a copyright action concerning a musical composition used by the Black Eyed Peas.
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Experience

  • Since 2009, has served as litigation counsel to the Securities Investor Protection Act (SIPA) Trustee for the global liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS), one of the largest financial frauds in history. Responsible for coordinating and overseeing teams of lawyers across the United States and around the world seeking to recover billions of dollars in assets for the customers of BLMIS who lost principal investments in the Ponzi scheme, and has been involved in litigations and settlements that have netted billions of dollars. Serves as lead attorney in numerous of the Trustee's lawsuits, including those against major financial institutions.
  • Is a lead lawyer on a team that represents a former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Through aggressive defense of the former managing director, team secured a rare non-prosecution agreement with the Justice Department and agreements with other regulatory authorities, which enabled the client to cooperate with federal prosecutors in the continuing investigations.
  • Attained successful jury verdict in New York federal court, affirmed by the Second Circuit, in a copyright action concerning a musical composition used by the Black Eyed Peas.
  • Attained successful jury verdict in Arizona federal court, affirmed by the Ninth Circuit, in a contract and trademark dispute among members of the best-selling Norteno music group Los Huracanes del Norte.
  • Attained successful jury verdict in New Orleans federal court, affirmed by the Fifth Circuit, in a copyright dispute over the ownership of the well-known musical composition "Iko Iko."
  • Attained preliminary and permanent injunction for one of the largest chains of car dealerships in the North East against a rival chain accused of trademark infringement.
  • Successfully defeated an injunction brought against record companies and producers for the use of the name "The O’Jays."
  • Attained jury verdict for record label in copyright infringement and unfair competition action in New York federal court, affirmed on appeal, brought by musician concerning digital samples licensed to Shaggy, The Rolling Stones, and others.
  • Successfully handled patent infringement action for one of the world’s largest retailers against one of the world’s largest shoe manufacturers.
  • Successfully handled trademark and copyright infringement action for one of the world’s largest publishers in a case against a former licensee.
  • Successfully handled patent infringement action for one of the world’s largest medical device manufacturers, where its accused products sold tens of billions of dollars.
  • Successfully attained preliminary injunction in trademark and copyright infringement action for one of the largest fitness video producers against its chief competitor.
  • Successfully handled trademark dispute concerning the use of the name "The Sugarhill Gang."
  • Successfully represented major fast food chain in trademark dispute.
  • Successfully represented a technology company in a patent dispute in Illinois concerning hand held scanning technology.
  • Successfully handled appeal of copyright infringement in connection with the musical composition "Unpretty" by TLC.
  • Successfully invalidated trade dress of well-known jewelry designer brought against competitor.  
  • Successfully represented publisher in copyright infringement claim concerning use of photographs in new publications.
  • Handled litigations for various musicians and members of various bands, including The Estates of Elvis Presley, Nina Simone, and Bob Marley, The Supremes, The Jacksons, Dionne Warwick, Joan Jett & The Blackhearts, Levon Helm, Chic, The 5th Dimension, Nickelback, Brad Paisley, The Sugarhill Gang, Grand Master Flash & The Furious Five, Afrkia Bambatta and the Soulsonic Force, Run DMC, Peaches & Herb, and others. Successfully represented large telecommunications company in patent infringement actions brought by non-practicing entities in connection with patents related to billing systems.
  • Represented musical group in right of publicity lawsuit concerning use of the group’s name and likeness in a Broadway musical.

Recognitions

  • Who's Who Legal 100 in Asset Recovery (2013)
  • IP Law & Business "Top 50 IP Professionals Under the Age of 45" (2008)
  • New York Metro "Super Lawyer" (2008 to present)
    • Top 100 Lawyers in New York Metropolitan Area (2011 to 2013)

Memberships

  • New York State Bar Association: Intellectual Property Section
    • Copyright Committee: Co-Chair

Community

  • Autism Speaks
  • AABR: Board Member

Pro Bono

  • Represents clients as part of the New York office’s collaboration with inMotion, an organization which provides legal services for low-income women in New York City.
  • Represented families of children with special needs in matters concerning educational services.
  • Represented The Joyce Theater in a case concerning ownership of the name "The Joyce."

Services

Industries

Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • New York

Education

  • J.D., Fordham University School of Law, 1996, Staff Member, Fordham International Law Journal
  • M.S., Columbia University, 1993

Blog

In The Blogs

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Data Privacy Monitor
Iowa Breach Notification Law Now Requires AG Notification, Applies to Paper Records
April 16, 2014
Iowa recently joined an increasing number of states that require notification of state regulatory authorities following a breach, as well as a handful of states in which paper records can trigger notification obligations.  On April 3...
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Data Privacy Monitor
With OpenSSL Compromised by Heartbleed, an Opportunity for Companies to Diversify Cyber Security Efforts
April 14, 2014
The recent discovery of the “Heartbleed” online bug has sent shockwaves through the internet, causing companies and individuals alike to question very basic assumptions about cyber security. The bug has allegedly existed for the past two...
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Data Privacy Monitor
Kentucky Enacts Data Breach Notification Statute
April 14, 2014
On April 10, 2014, Kentucky Governor Steve Beshear signed H.B. 232 into law, making Kentucky the 47th state to enact data breach notification legislation.  Prior to H.B. 232, Kentucky was one of only four states—including Alabama, New...
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Data Privacy Monitor
Privacy Law in a Nutshell
April 11, 2014
BakerHostetler Privacy & Data Security partner Erica Gann Kitaev is a co-author of the recently published Privacy Law in a Nutshell, Second Edition, through West Academic Publishing. Legal issues related to privacy are exploding in the...
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Data Privacy Monitor
Ill Conceived California Privacy Bill Threatens Viability Of Commercial Educational Online Services
April 11, 2014
SB 1177, the Student Online Privacy Protection Act was recently introduced in the California legislature.  This is a bad bill for the private educational industry, and ultimately for parents and students.  It would drastically expand the...
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