Oren J. Warshavsky

Partner

New York
T +1.212.589.4624
F +1.212.589.4201

Overview

Oren Warshavsky serves as a co-leader of BakerHostetler's International Asset Tracing and Recovery team, and leads BakerHostetler’s Copyright Content and Platforms team. He is a litigator specializing in multi-jurisdictional proceedings and complex intellectual property matters. Oren has achieved more than $9 billion in monetary recoveries for his clients, obtained injunctive relief in numerous cases, and successfully defended clients in defeating claims asserted in federal and state courts for complex commercial matters, patent, trademark, copyright, bankruptcy, asset recovery matters and commercial disputes. He has been an integral part of the team representing the trustee of the Securities Investor Protection Act (SIPA) in the liquidation of Bernard L. Madoff Securities. Oren has overseen and worked with teams of lawyers in the United States and around the world to trace and recover assets; the recovery has been unprecedented, totaling more than $13 billion dollars. The protracted, decades-long investigation and recovery in dozens of related international cases has demonstrated Oren's ability to work diligently and resourcefully across multiple jurisdictions.

Oren’s proficiency as an attorney has won him accolades, including being recognized by Chambers USA, The Legal 500 (both for intellectual property and international litigation), and Best Lawyers in America. Oren has been voted among the Top 100 attorneys in New York on numerous occasions, and his cross-border, asset-recovery accomplishments have earned him recognition in Who’s Who Legal in Asset Recovery -- one of only 36 attorneys in the United States to have achieved this honor.

Select Experience

  • Attorney overseeing U.S. and global teams tracing and recovering billions of dollars in misappropriated assets and related litigation linked to the decades-old Bernard Madoff Ponzi scheme, including matters against the Herald Fund, the Thema Fund and others, which has resulted in billions of dollars in recoveries.
  • Served as a lead lawyer in the complex representation of the former London-based JPMorgan Chase managing director, nicknamed "the London Whale" by the media, in investigations conducted by the DOJ, the SEC and the CFTC, related to a multibillion-dollar trading loss for the bank. Developed an understanding of complicated credit derivative instruments in order to effectively represent the client. Through the mastery of complex facts, the application of government investigations experience and a multidisciplinary approach, the team developed a strategy to navigate the client through parallel U.S. and U.K. investigations. The team secured a rare non-prosecution agreement with the Justice Department, and agreements with the SEC and the CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual director whose cooperation was sought in an investigation into a multibillion-dollar trading loss for the bank.
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Experience

  • Attorney overseeing U.S. and global teams tracing and recovering billions of dollars in misappropriated assets and related litigation linked to the decades-old Bernard Madoff Ponzi scheme, including matters against the Herald Fund, the Thema Fund and others, which has resulted in billions of dollars in recoveries.
  • Served as a lead lawyer in the complex representation of the former London-based JPMorgan Chase managing director, nicknamed "the London Whale" by the media, in investigations conducted by the DOJ, the SEC and the CFTC, related to a multibillion-dollar trading loss for the bank. Developed an understanding of complicated credit derivative instruments in order to effectively represent the client. Through the mastery of complex facts, the application of government investigations experience and a multidisciplinary approach, the team developed a strategy to navigate the client through parallel U.S. and U.K. investigations. The team secured a rare non-prosecution agreement with the Justice Department, and agreements with the SEC and the CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual director whose cooperation was sought in an investigation into a multibillion-dollar trading loss for the bank.
  • Attained a successful jury verdict in a copyright action concerning a musical composition used by the Black Eyed Peas.
  • Handled litigations for various musicians and members of bands, including the estates of Elvis Presley, Nina Simone, 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 and the Furious Five, Afrika Bambaataa and the Soulsonic Force, RUN DMC, Peaches & Herb, and others.
  • Attained a jury verdict for a record label in a copyright infringement and unfair competition action brought by a musician concerning digital samples licensed to Shaggy, The Rolling Stones and others.
  • Represented and settled a case involving world-renowned architect Zaha Hadid, who sued for defamation and trade libel after a published article claimed she was indifferent to thousands of worker deaths at the construction site of a World Cup stadium she had designed in Qatar. This resulted in an unprecedented retraction by the New York Review of Books.
  • Successfully handled the appeal of a copyright infringement claim in connection with the musical composition “Unpretty” by TLC.

Recognitions and Memberships

Recognitions

  • Chambers USA: Intellectual Property: Trade Mark & Copyright in New York (2014 to 2019)
    • Band 3 (2019), Band 4 (2015 to 2018), Up & Coming (2014)
  • The Legal 500 United States (2015 to 2019)
    • Recommended in Dispute Resolution - International Litigation (2018 to 2019)
    • Recommended in Intellectual Property - Copyright (2015 to 2019)
  • Who's Who Legal: Asset Recovery (2013 to 2017)
  • The Best Lawyers in America©
    • New York: Copyright Law (2017 to present)
    • New York: Litigation -- Intellectual Property (2019)
  • IP Law & Business "Top 50 IP Professionals Under the Age of 45" (2008)
  • New York Metro "Super Lawyer" (2008 to 2017)
    • Top 100 Lawyers in New York Metro Area (2011, 2013)

Memberships

  • American Bar Foundation: Fellow

News

News

Press Releases

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
EU Updates: ePrivacy Regulation Inches Forward, EDPB Issues Guidance on Interplay Between GDPR and ePrivacy Directive
July 17, 2019
Adoption of the ePrivacy Regulation Introduced in 2017, and originally slated to go into effect with the GDPR (on May 25, 2018), it now appears the ePrivacy Regulation will not be implemented before late 2021. With the Romanian...
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IP Intelligence: Insight on Intellectual Property
Risks and Rewards of Digital Therapeutics in Treating Mental Disorders – Part III
By Michael D. Stein
July 2, 2019
Legislative Exclusions of Software (21st Century Cures Act) The 21st Century Cures Act (Cures Act), signed into law on Dec. 13, 2016, was designed to accelerate medical product development and bring new innovations faster and more...
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IP Intelligence: Insight on Intellectual Property
CAFC: Patents Enjoy a Presumption of Subject Matter Eligibility
By Michael D. Stein
July 1, 2019
Co-authored by: Phillip Wolfe In Cellspin Soft, Inc. v. Fitbit, Inc.,[1] the Court of Appeals for the Federal Circuit (CAFC) rendered an important decision declaring that the presumption of validity under § 282 includes the presumption...
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IP Intelligence: Insight on Intellectual Property
Canada: New Trademark Laws Go Into Effect
June 26, 2019
On June 17, Canada implemented long-awaited changes to its trademark laws. These updates are designed to modernize Canadian trademark practice and bring Canada more in line with international practice. Businesses with brand interests in...
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IP Intelligence: Insight on Intellectual Property
Protected and Unfiltered. Supreme Court Strikes Down the Lanham Act’s Scandalous and Immoral Restrictions.
June 25, 2019
In April at oral argument, the bench grappled with the issue of viewpoint discrimination based on the literal meaning of the statute and the genuine concern that without regulation, profane and obscene language and images will be imprinted...
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