Oren J. Warshavsky

Partner

New York
T +1.212.589.4624
F +1.212.589.4201

"One commentator notes [Oren's] deep knowledge in the copyright space, while another source calls him a 'brilliant attorney with the ability to see five steps ahead.'"

— Chambers USA 2020

Overview

Oren Warshavsky serves co-leader of BakerHostetler's Global Fraud and 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 2020)
    • Band 3 (2019 to 2020), Band 4 (2015 to 2018), Up & Coming (2014)
  • The Legal 500 United States (2015 to 2020)
    • Recommended in Dispute Resolution - International Litigation (2018 to 2020)
    • Recommended in Intellectual Property - Copyright (2015 to 2020)
  • 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
“Trump Too Small” is Too Personal for Trademark Registration
July 13, 2020
The Trademark Trial and Appeal Board (TTAB) – for the second time in the past six months – has decided that a proposed mark incorporating the name “Trump” may not be federally registered as a trademark. Relying on the Lanham Act...
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IP Intelligence: Insight on Intellectual Property
‘Something of an Experiment’: District of Delaware Prepares for Socially Distanced Patent Trial Tentatively Set for August 2020
July 6, 2020
In an earlier blog post, we commented on how the COVID-19 pandemic has affected and may continue to affect patent litigation. A recent order from one of the country’s busiest patent courts, the District of Delaware, reflects the ways in...
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IP Intelligence: Insight on Intellectual Property
USPTO Grants Additional COVID-19-Related Relief to Patent Applicants
By Fabian M. Koenigbauer
July 1, 2020
On June 29, the United States Patent and Trademark Office (USPTO) issued another notice under the authority granted by the Coronavirus Aid, Relief, and Economic Security (CARES) Act to grant COVID-19-related relief to patent applicants. In...
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IP Intelligence: Insight on Intellectual Property
SCOTUS Holds That ‘Generic.com' Trademarks Like Booking.com May Be Capable of Registration
By Christina J. Moser, Deborah A. Wilcox
June 30, 2020
Today, the Supreme Court issued its opinion in the trademark registration case United States Patent and Trademark Office v. Booking.com B.V., holding “A term styled ‘generic.com’ is a generic name for a class of goods or services only if...
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Data Counsel
Ann O'Brien, Jeewon Serrato, Alyse Stach Author Article Examining Privacy and Antitrust Issues
By Ann M. O'Brien, Jeewon K. Serrato, Alyse F. Stach
June 29, 2020
Partners Ann O’Brien and Jeewon Serrato and Associate Alyse Stach authored an article published by the International Association of Privacy Professionals (IAPP) on June 23, 2020. The article, “The Thin Line Between Privacy and Antitrust,”...
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