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

  • Warshavsky, Oren JChambers USA: Intellectual Property: Trade Mark & Copyright in New York (2014)
  • Who's Who Legal 100 in Asset Recovery (2013 to 2014)
  • 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)
  • American Bar Foundation: Fellow

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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IP Intelligence: Insight on Intellectual Property
Challenging Delegated Top-Level Domains: ICANN’s Trademark Post Delegation Dispute Resolution Procedure
August 27, 2014
This year, hundreds of new generic top-level domains (gTLDs) are changing the landscape of the Internet.  The long-awaited result of ICANN’s new gTLD program, top-level domains such as .NYC, .WINE, and .WTF will now join the familiar ranks...
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Data Privacy Monitor
When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights
August 26, 2014
The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not.  The NLRB, in its recent 2-1 Fresh & Easy...
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Data Privacy Monitor
Secret Service Raises Warning About Backoff POS Malware
August 25, 2014
The Secret Service, which investigates financial crimes, issued a security Alert on July 31, 2014, warning of malware named “Backoff” that was being used to steal payment card data from point-of-sale (POS) systems.  The Alert notes that...
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Data Privacy Monitor
New Jersey Becomes the Sixth State to Ban the Box for Private Employers
August 25, 2014
Criminal background questions on employment applications will no longer be permitted in New Jersey, effective March 1, 2015. New Jersey joins Hawaii, Illinois, Massachusetts, Minnesota, and Rhode Island to become the sixth state to ban the...
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Data Privacy Monitor
New Guidance for Merchants on Ensuring that Service Providers Share Security Responsibility
August 18, 2014
For merchants, long gone are the days of using a card reader with a dial-up connection to their payment processor. Today’s omni-channel retailers rely on multiple third party service providers to complete payment card transactions. These...
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