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, Content, and Platforms 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, 2014)
  • IP Law & Business "Top 50 IP Professionals Under the Age of 45" (2008)
  • New York "Super Lawyer" (2008 to 2014)
    • Top 100 Lawyers in New York Metro Area (2011, 2013)
  • American Bar Foundation: Fellow

News

Press Releases

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
Trademark “tacking” questions should go to a jury, SCOTUS rules
January 30, 2015
The Supreme Court issued its first substantive trademark decision of the current term yesterday in Hana Financial, Inc. v. Hana Bank. The district court had charged the jury with determining whether Hana Bank’s original mark, HANA OVERSEAS...
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IP Intelligence: Insight on Intellectual Property
Trademark practice tip: Request Interlocutory Attorney attendance at discovery/settlement conferences in opposition proceedings to avoid costs of motions to strike affirmative defenses
January 29, 2015
In trademark opposition proceedings the affirmative defense of failure to state a claim is commonly pleaded, yet it is often an inappropriate affirmative defense. Other affirmative defenses that are severely limited in opposition...
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Data Privacy Monitor
2014 Mobile Privacy and Security Trends and What to Look for in 2015
January 23, 2015
Most analysts and commentators agree that 2014 was the year mobile reached a tipping point.  With over 1 billion mobile smartphones in circulation, 2014 marked the first year that mobile Internet usage surpassed desktop use in the U.S...
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IP Intelligence: Insight on Intellectual Property
USPTO Announces New Lower Fee Schedule for Trademark Applications
January 22, 2015
On January 17, 2015, the United States Trademark Office implemented a reduced fee schedule for newly filed applications. The Trademark Office has introduced an additional category of applications called the TEAS Reduced Fee, or TEAS RF...
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Data Privacy Monitor
New York Attorney General Announces Proposal to Revamp State Data Security Laws
January 20, 2015
On January 15, 2015, New York Attorney General Eric Schneiderman indicated that he plans to propose legislation to update New York’s information security laws, including by revising the definition of “private information” under the state’s...
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