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. 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 to Present)
  • IP Law & Business "Top 50 IP Professionals Under the Age of 45" (2008)
  • New York Metro "Super Lawyer" (2008 to 2019)
    • 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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IP Intelligence: Insight on Intellectual Property
Can Booking.com Trademark Its Company Name? How Will the U.S. Supreme Court Resolve Whether a Generic Term Plus a Top-Level Domain Is Protectable?
By Jason S. Oliver
January 15, 2020
The legal battle between Booking.com BV and the U.S. Patent and Trademark Office (USPTO) began more than five years ago and concerns whether the online hotel booking company can secure a trademark registration for its name. After filing...
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Data Privacy Monitor
California AG Press Release Clarifies CCPA's Jan. 1 Effective Date and Data Broker Registry, Provides No Update on Draft Regulations
By Kyle R. Fath
January 14, 2020
On Jan. 6, 2020, the California attorney general (AG) released a CCPA advisory press release outlining the new data privacy rights under the California Consumer Privacy Act (CCPA) afforded to California consumers and clearly stating that...
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Data Privacy Monitor
Cybersecurity Remains a Top SEC Examination Priority in the New Decade
By Jonathan A. Forman
January 10, 2020
It may be a new decade, but the focus of the Securities and Exchange Commission (SEC) on cybersecurity has not shifted. In particular, the SEC noted in its 2020 Examination Priorities that the Office of Compliance Inspections and...
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Data Privacy Monitor
Steps to Develop a Mature Third-Party Risk Management Program With High-Risk Third Parties
By Daniel A. Pepper
January 10, 2020
This blog is the first in a series exploring how organizations can prevent or mitigate the severity of a third-party data breach or cyber exploit by implementing a variety of cybersecurity risk management controls such as assessing...
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Data Privacy Monitor
Is the CCPA's Private Right of Action Provision Retroactive?
By Sean B. Solis
January 9, 2020
With the California Consumer Privacy Act (CCPA) – the strictest privacy law in the nation – now in effect, an important question for businesses to consider is whether it applies to conduct that occurred prior to the law’s effective date of...
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