Oren J. Warshavsky

Partner

New York
T +1.212.589.4624
F +1.212.589.4201

Overview

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 U.S. and a "Super Lawyer" every year since 2008, and he is one of only 28 U.S. attorneys listed in Who's Who Legal 100 in Asset Recovery. Oren is the co-editor of and a contributor to BakerHostetler's IP Intelligence blog, offering commentary on intellectual property issues. Likewise, he 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 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 U.S. 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, the team secured a rare nonprosecution 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 a 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 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 U.S. 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, the team secured a rare nonprosecution 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 a 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 a successful jury verdict in Arizona federal court, affirmed by the Ninth Circuit, in a contract and trademark dispute among members of the best-selling norteño music group Los Huracanes del Norte.
  • Attained a 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 Northeast 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 a jury verdict for a record label in a copyright infringement and unfair competition action in New York federal court, affirmed on appeal, brought by a musician concerning digital samples licensed to Shaggy, The Rolling Stones and others.
  • Successfully handled a patent infringement action for one of the world's largest retailers against one of the world's largest shoe manufacturers.
  • Successfully handled a trademark and copyright infringement action for one of the world's largest publishers in a case against a former licensee.
  • Successfully handled a patent infringement action for one of the world's largest medical device manufacturers, in which its accused products sold tens of billions of dollars.
  • Successfully attained a preliminary injunction in a trademark and copyright infringement action for one of the largest fitness video producers against its chief competitor.
  • Successfully handled a trademark dispute concerning the use of the name "The Sugarhill Gang."
  • Successfully represented a major fast food chain in a trademark dispute.
  • Successfully represented a technology company in a patent dispute in Illinois concerning handheld scanning technology.
  • Successfully handled the appeal of a copyright infringement claim in connection with the musical composition Unpretty by TLC.
  • Successfully invalidated the trade dress of a well-known jewelry designer brought against a competitor.
  • Successfully represented a publisher in a copyright infringement claim concerning the 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 and the Furious Five, Afrika Bambaataa and the Soulsonic Force, RUN DMC, Peaches & Herb, and others.
  • Successfully represented a large telecommunications company in patent infringement actions brought by nonpracticing entities in connection with patents related to billing systems.
  • Represented a musical group in a right of publicity lawsuit concerning use of the group's name and likeness in a Broadway musical.
  • Represented Zaha Hadid, one of the world's leading architects, in an action for defamation and trade libel. Ms. Hadid was selected to design one of the stadiums for the 2022 FIFA World Cup – the Al Wakrah Stadium in Qatar. In June 2014, the New York Review of Books published an article by Martin Filler claiming that Ms. Hadid was indifferent to thousands of worker deaths at the construction site of the stadium. At the time the article was written, construction had not yet even begun on Al Wakrah Stadium. In response, Ms. Hadid brought an action for defamation and trade libel in the New York State Supreme Court. The New York Review of Books and Mr. Filler printed a retraction, admitting that the claim was inaccurate and apologizing for the error. The case was settled and the settlement payment was donated to an undisclosed charity.
  • Works with an emerging high-fashion retail company to secure and enforce intellectual property rights, including trademarks and copyrights on brand names and logos throughout the world. 

Recognitions and Memberships

Recognitions

  • Chambers USA: Intellectual Property: Trade Mark & Copyright in New York (2014 to 2017)
  • The Legal 500 United States (2015 to 2017)
    • Recommended in Intellectual property: Copyright
  • Who's Who Legal: Asset Recovery (2013 to 2017)
  • The Best Lawyers in America© (2017, 2018)
    • New York: Copyright Law
  • 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
Moving Beyond Passwords – Does Your Face Raise Privacy Concerns?
November 8, 2017
Phishing attacks continue to be the root cause of a considerable number of data breaches. Typically, these incidents occur when employees are enticed into giving up their login credentials in response to a cleverly designed, yet fake...
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Data Privacy Monitor
From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings
By Alan L. Friel, Melinda L. McLellan
November 7, 2017
On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online services...
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IP Intelligence: Insight on Intellectual Property
Federal Circuit Splits on Approach to Analyzing Graham Factors
November 6, 2017
In Merck Sharp & Dohme Corp. v. Hospira, Inc.,[1] the Federal Circuit affirmed the lower court’s ruling that the asserted claims of Merck’s U.S. Patent No. 6,486,150 (the ’150 patent) were obvious despite evidence of commercial success and...
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Data Privacy Monitor
Deception and Unfair Practices Come Preinstalled
By Alan L. Friel
October 23, 2017
Lenovo, a manufacturer of personal computers, recently agreed, among other things, to implement a software security program in a settlement with the Federal Trade Commission (FTC) over issues with third-party software preinstalled on some...
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IP Intelligence: Insight on Intellectual Property
The Federal Circuit Provides a Tutorial on Patent Venue
By Allen M. Sokal
September 27, 2017
The Federal Circuit in In re Cray, Inc., Appeal No. 2017-129 (Fed. Cir. Sept. 21, 2017), has provided extensive guidance to district courts on the meaning of an alleged infringer’s “regular and established place of business” under the...
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