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 2018)
    • Recommended in Dispute Resolution - International Litigation (2018)
    • Recommended in Intellectual Property - Copyright (2015 to 2018)
  • 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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IP Intelligence: Insight on Intellectual Property
Mission Products v. Tempnology: The Supreme Court Speaks
May 24, 2019
In February, following oral argument before the U.S. Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC,[1] we wrote about the hugely important trademark law issue presented by this case, namely: If a bankrupt trademark...
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IP Intelligence: Insight on Intellectual Property
Scout Me Out? Girl Scouts Challenge Boy Scouts' SCOUTS Trademark
By Lisa Bollinger Gehman
May 16, 2019
A trademark case to keep an eye on this year is Girl Scouts of the USA v. Boy Scouts of America, case no. 1:18-cv-10287, which was filed last November in the United States District Court for the Southern District of New York and is...
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Data Privacy Monitor
Deeper Dive: GLBA-Regulated Financial Institutions Reduce Your Cybersecurity Risk With Rigorous Oversight of Third-Party Service Providers
May 8, 2019
Financial institutions that are subject to the Gramm-Leach Bliley Act (GLBA) can find practical tips that address their unique data security challenges in the 2019 Data Security Incident Report (DSIR). It appears that money remains a...
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Data Privacy Monitor
Deeper Dive: Security Incident Mitigation Strategy: Effective Negotiation of Technology Contract Limitations of Liability
May 7, 2019
There is always significant negotiation around caps on liability when negotiating a contract with a technology vendor. If the vendor will have access to the personal information of its customers’ end users (regardless of whether the end...
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Data Privacy Monitor
Washington Privacy Act Dies in the House While California Continues to Consider Refinements to the CCPA
By Shea M. Leitch, Niloufar Massachi
May 6, 2019
After passing the Senate nearly unanimously, the Washington Privacy Act (SB 5376) has stalled in the House of Representatives. The bill failed to achieve passage out of committee by the April 17 deadline for consideration of bills...
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