Karen H Bromberg

She/Her/Hers

Partner, New York

Karen H Bromberg

She/Her/Hers

Partner, New York

Karen H. Bromberg is the chair of the firm’s U.S. Employment and Intellectual Property & Technology groups. She has 20+ years’ experience advising company management, boards and special committees on workplace investigations, litigation avoidance, and the employment aspects of M&A transactions.

Her employment practice focuses on the strategic counseling of companies, family offices, and executives in a wide variety of employment matters. Karen’s employment risk management practice includes conducting workplace investigations, drafting key workplace policies and agreements, and counseling company management and boards on risk management and litigation avoidance with respect to issues ranging from wrongful termination, discrimination, harassment and whistleblowing claims to compliance with wage and hour laws, job classification, workplace privacy, reductions in force, disability leave and accommodations.

Karen’s intellectual property practice focuses on transactional matters in all aspects of intellectual property and technology transactions. She regularly represents clients in intellectual property development and license agreements, co-development and collaboration agreements, outsourcing arrangements, software license agreements, intellectual property asset sales and acquisitions, and the strategic review and evaluation of intellectual property assets in connection with joint ventures, asset purchases, and mergers and acquisitions.

Karen is a member of Chief, a private network of senior executive women leaders across various industries and expertise focused on driving more women into positions of power and keeping them there.

Karen is also a Certified Information Privacy Professional (CIPP) with certifications covering both U.S. and European privacy law.

Karen has been selected by Super Lawyers as one of the top 50 women lawyers each year since 2014 and, in 2015, 2016, and 2023, she was also selected as one of the top 100 lawyers in the New York metropolitan area.

Karen has been ranked by Chambers USA for her work in the area of patents. She has been listed in IAM 300 as one of the World’s Leading IP Strategists, recognized in Benchmark Litigation and has been named as an “IP Star” by Managing Intellectual Property each year since 2014 with recognitions for her work in patents and trademarks, included as a leading patent practitioner in Intellectual Asset Management’s “Patent 1000.”

Prior to joining the firm, Karen served as General Counsel and Senior Vice President of Marketing at a television advertising firm where she negotiated the rights to over $100 million in advertising properties and handled all legal aspects of the company’s affairs.

Karen H. Bromberg is the chair of the firm’s U.S. Employment and Intellectual Property & Technology groups. She has 20+ years’ experience advising company…

Education

University of Miami School of Law (J.D., cum laude, 1987); George Washington University (B.A., with honors, 1984)

Bar Admissions

New York State; U.S. District Courts for the Southern and Eastern Districts of New York; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Federal Circuit

Activities and Affiliations

Certified Information Privacy Professional/United States (CIPP/US), and European Union (CIPP/E), and member of the International Association of Privacy Professionals

Member, Association of Workplace Investigators and AWI Seminar Committee

Member, American Bar Association, Section on Labor and Employment Law

Member, International Trademark Association

Member, Chief

Former Member, Law360’s Cybersecurity & Privacy Editorial Advisory Board

Former Volunteer Firefighter

Intellectual Property and Technology Transactions and Counseling

Serves as outside counsel for Fortune 500 leading provider of risk management software in connection with the licensing of its services and development of its products.

Supervises the enforcement and policing of clients’ domestic and international trademark and trade dress rights.

Serves as outside counsel on a wide variety of intellectual property issues to country’s leading designer of luxury holiday collectables.

Regularly counsels clients regarding all facets of international trademark portfolio management, including developing strategic approaches to ownership, protection, and enforcement of global brands in view of applicable business objectives.

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Corporate Transactions

Representations include advising companies and investors concerning intellectual property issues, including the evaluation of target company’s copyrights, trademarks and patents, confirming accuracy, preservation of rights, validity and transferability; review of its trade secrets and policies to guard against theft of trade secrets; evaluation and review of employee exit procedures and employment and consulting agreements for confidentiality provisions; research and review of IP encumbrances such as license agreements, security interests, IP liabilities, and third party rights that affect the acquired intellectual property rights.

Represented major consumer products company in acquisition by private equity fund with focus on transfer of intellectual property rights of celebrity designer; continue to serve as legal adviser to company with respect to all intellectual property and licensing issues, including enforcement of company’s trademark, trade dress and copyrights, and management of worldwide trademark portfolio.

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Litigation

Over the course of a decade, represented the owner of the exclusive world-wide rights to over 16,000 famous boxing and sports films and tapes in the enforcement and licensing of its copyrights. Handled multiple copyright litigations, including against Turner Home Entertainment, Don King, and Don King Productions, Inc.

Represented two manufacturers and distributers of branded fragrances, cosmetics, and beauty aids in connection with multiple unfair competition, trademark, and trade dress infringement actions.

Represented numerous plaintiffs and defendants in Lanham Act violations and unfair competition claims.

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Cohen & Gresser is pleased to announce that 29 of the firm's lawyers are included on the 2023 New York Metro Super Lawyers list and 11 lawyers are included on the 2023 New York Metro Rising Stars list across a range of practice areas.

Super Lawyers named C&G co­founder Mark S. Cohen one of the Top 10 lawyers in the New York metropolitan area. Partners Jonathan S. Abernethy and Karen H. Bromberg have also been named to the Super Lawyers list of the Top 100 lawyers in the New York metropolitan area. Additionally, Karen has been recognized as one of the Top 50 women lawyers within the same region.

Super Lawyers and Rising Stars are annual lists of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only 5 percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

The C&G lawyers recognized on the New York Metro Super Lawyers list are:

The C&G lawyers recognized on the New York Metro Rising Stars list are:

Cohen & Gresser is pleased to announce that 37 of the firm's New York and Washington D.C.­based attorneys have been named to the 2021 Super Lawyers List across a wide range of practice areas. C&G co­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.

Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

Super Lawyers

Jonathan S Abernethy: Criminal Defense: White Collar

Kwaku Andoh: Mergers & Acquisitions

Elizabeth Bernhardt: Business Litigation

Thomas E Bezanson: Personal Injury – Products: Defense

Colin C Bridge: Criminal Defense: White Collar

Karen H Bromberg: Intellectual Property

Jason Brown: Criminal Defense: White Collar

Joanna K Chan: Securities Litigation

Mark S Cohen: Business Litigation

S Gale Dick: Business Litigation

Christian R Everdell: Criminal Defense: White Collar

Lawrence T Gresser: Business Litigation

Oliver S Haker: Business Litigation

Johannes Jonas: Mergers & Acquisitions

Nicholas J Kaiser: Real Estate

Jeffrey I. Lang: Business Litigation

Melissa H Maxman: Antitrust Litigation

Ellen Paltiel: General Litigation

Nathaniel P T Read: Business Litigation

Bonnie J Roe: Securities & Corporate Finance

Stephen M Sinaiko: Business Litigation

C Evan Stewart: Securities Litigation

Daniel H Tabak: Business Litigation

Scott D Thomson: Business Litigation

Alexandra Wald: Business Litigation

Ronald F Wick: Antitrust Litigation

Rising Stars

Luke Appling: Civil Litigation

Sharon L Barbour: Criminal Defense: White Collar

Drew S Dean: General Litigation

William Kalema: Business Litigation

Sri Kuehnlenz: Civil Litigation

Winnifred A Lewis: Securities Litigation

Marvin J Lowenthal: Criminal Defense: White Collar

Barbara K Luse: Criminal Defense: White Collar

Matthew V Povolny: Business Litigation

Benjamin Zhu: Criminal Defense: White Collar

IAM Patent 1000 has recognized Karen H Bromberg as a leading patent professional in its 2021 guide. Published by Intellectual Asset Management (IAM), the ranking “is commonly regarded as the definitive ‘go-to’ resource for those seeking to identify world-class, private practice patent expertise and leading expert witnesses in the US.” In determining the rankings, IAM looks at several factors, including depth of knowledge, market presence, and level of work, as well as positive peer and client feedback.

International law firm Cohen & Gresser has received high praise in Chambers USA 2021 for its “outstanding service” and dramatic international growth that “further strengthens its handling of cross-border proceedings.” Chambers commentary highlights C&G as one of the “biggest [law firm] innovators of the last forty years” and recognizes the firm’s “red-carpet treatment” for clients and “high-quality lawyers” who are “responsive, knowledgeable and service-oriented.”

Ranked Departments:

  • Litigation: General Commercial: Highly Regarded
  • White-Collar Crime & Government Investigations: The Elite

Ranked Lawyers:

Intellectual Property: Patent Litigation: General Commercial Litigation: Securities White-Collar Crime & Government Investigations

Cohen & Gresser represented Imagine Software, a leading global portfolio risk management technology company, in its sale to Francisco Partners, a global investment firm that specializes in partnering with technology and technology-enabled businesses. Francisco Partners has announced that it will combine Imagine Software with the recently acquired TradingScreen to form TS Imagine – a new dynamic end-to-end trading and portfolio management software platform that will be one of the most robust SaaS cloud-based software platforms in capital markets and investment management. The combined company will offer integrated and complete front office solutions, complementary product capabilities, best-in-class technology, global geographic coverage, and deep expertise to investment firms and financial institutions around the world. The C&G team representing Imagine Software in its sale to Francisco Partners included Lawrence T Gresser, Kwaku Andoh, Karen H Bromberg, Bonnie J Roe, Nicholas J Kaiser, Ronald F Wick, Alexandra K Theobald, and Drew S Dean. Learn more about the deal in Francisco Partners’ press release.
Cohen & Gresser is pleased to announce that 35 of the firm's New York and Washington D.C.­based attorneys have been named to the 2020 Super Lawyers List across a wide range of practice areas. C&G co-­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.
IAM Patent 1000 has recognized Karen H Bromberg as a leading patent professional in its 2020 guide, highlighting Karen as an “excellent IP strategist” with a talent for “resolving complicated matters in creative and business-minded ways.”  Published by Intellectual Asset Management (IAM), the ranking identifies top patent professionals in key jurisdictions around the globe and takes into account an attorney’s depth of knowledge, market presence, level of work, as well as positive peer and client feedback.

Managing Intellectual Property has named Karen H Bromberg as a Copyright Star and as a Trademark Star in its 2020 IP Stars rankings. This recognition marks the seventh consecutive year that Karen has been listed as an IP Star – a recognition given to IP professionals who have been highly recommended by their peers and clients.

Chambers has recognized Cohen & Gresser in its 2020 USA guide for its achievements in General Commercial Litigation and White Collar Crime & Government Investigations. Chambers commentary highlights the firm's "thoroughness, quality, responsiveness, client care and availability,” noting that "the level of service is stellar, the work product is uniformly superb,” and that C&G is "a great firm with high quality across the board."

Chambers also recognized the following individuals: Jonathan S Abernethy for White Collar Crime & Government Investigations; Karen H Bromberg for Intellectual Property: Patent; Mark S Cohen for Securities Litigation and White Collar Crime & Government Investigations; and Lawrence T Gresser for Commercial Litigation.

We are pleased to announce that 33 of our New York and Washington D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to its list of the top 50 women lawyers in the New York metropolitan area.

Managing Intellectual Property has named Karen H Bromberg as a Patent Star and as a Trademark Star in its 2019 IP Stars rankings. IP Stars are private practice IP professionals who have been highly recommended by their peers and clients.

Chambers has again recognized C&G for its excellence in General Commercial Litigation, Securities Litigation, and White Collar Crime & Government Investigations. Chambers notes C&G’s “strong commitment to client service” and “top-quality advice,” labeling the firm as “outstanding.”

Chambers also recognized the following individuals: Jonathan S Abernethy for White Collar Crime & Government Investigations; Karen H Bromberg for Intellectual Property: Patent; and Mark S Cohen for General Commercial Litigation, Securities Litigation, and White Collar Crime & Government Investigations.

IAM Patent 1000 has recognized Karen H Bromberg and Francisco A Villegas as leading patent professionals in its 2019 guide, noting an “excellent track record” and efficiency in “facilitating early wins.”  Published by Intellectual Asset Management (IAM), the ranking identifies top patent professionals in key jurisdictions around the globe and takes into account an attorney’s depth of knowledge, market presence, level of work, as well as positive peer and client feedback.
We are pleased to announce that thirty of our New York and Washington, D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founders Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald as two of its top 50 women lawyers in New York. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.

Managing Intellectual Property has named Karen H Bromberg as a Patent Star and as a Trademark Star in its 2018 IP Stars rankings. IP Stars are private practice IP professionals who have been highly recommended by their peers and clients.

Chambers has recognized Cohen & Gresser in its 2018 USA guide. The firm is recognized for its excellence in General Commercial LitigationSecurities Litigation, and White-Collar Crime & Government Investigations.

Chambers notes that C&G is "a very high-quality firm" with "very smart, very capable people who are very dedicated to their clients," and that C&G attorneys "have great judgment and are excellent lawyers."

Chambers also recognized the following individuals:

Jonathan S Abernethy for White-Collar Crime & Government Investigations, Karen H Bromberg for Intellectual Property: Patent, and Mark S Cohen for Securities Litigation and for White-Collar Crime & Government Investigations.

Law360 Editorial Advisory Board members: Each year, Law360 selects a small group of practitioners from across the country for each of its practice areas and industries to aid in shaping the publication’s editorial content for the following year.
IAM Patent 1000 has recognized Karen H Bromberg and Francisco A Villegas as leading patent professionals in its 2018 guide.  Published by Intellectual Asset Management (IAM), the IAM Patent 1000 identifies top patent professionals in key jurisdictions around the globe, compiling its data through interviews with numerous attorneys at law, patent attorneys, and in-house counsel.
Twenty-eight of our New York and Washington D.C.-based Cohen & Gresser attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partner Mark S Cohen to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald to its top 50 women lawyers in New York list. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.
IAM Patent 1000 has recognized Karen H Bromberg and Francisco A Villegas as leading patent professionals in its 2017 guide.  Published by Intellectual Asset Management (IAM), the IAM Patent 1000 identifies top patent professionals in key jurisdictions around the globe, compiling its data through interviews with numerous attorneys at law, patent attorneys, and in-house counsel.
Chambers USA and The Legal 500's United States guides have recognized Cohen & Gresser and a number of the firm's lawyers for outstanding achievements during the past year in the categories of Commercial Litigation, Securities Litigation, Patents, and Corporate Investigations and White Collar Defense.
Managing Intellectual Property has named Karen H Bromberg a Patent Star in its 2017 IP Stars ranking. Karen was also selected as a 2017 Trademark Star. IP Stars are private practice intellectual property professionals who have been highly recommended by their peers and clients.
For the fifth consecutive year, Cohen & Gresser has been ranked as a recommended New York law firm by Benchmark Litigation.  In addition to the firm’s ranking, partners Mark S Cohen, Lawrence T Gresser, and Karen H Bromberg were all individually recognized in the publication’s 2017 guide.
Twenty-two of our New York and Washington, D.C.-based attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partners Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to both its list of top 50 women lawyers and top 100 lawyers in the New York metropolitan area.
IAM Patent 1000 has recognized Karen H Bromberg and Francisco A Villegas as leading patent professionals in its 2016 guide.  Published by Intellectual Asset Management (IAM), the IAM Patent 1000 identifies top patent professionals in key jurisdictions around the globe, compiling its data through interviews with numerous attorneys at law, patent attorneys, and in-house counsel.

We are pleased to announce that the firm and four of its partners are recognized in the 2016 Chambers USA legal directoryThis year's directory recognizes the firm in White Collar Crime & Government Investigations, Securities Litigation, and Patents. Read more

Each year, Managing Intellectual Property magazine ranks top IP firms and lawyers in its annual IP Stars ranking guide. This year, the guide recognized three C&G attorneys as 2016 IP Stars. 

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Amazon is looking into moving to patent technology that would allow shoppers to use live selfies to complete purchases. Privacy attorneys, including C&G's Karen Bromberg, weigh in on this issue in a recent Law360 article. 

Cohen & Gresser has been ranked as a Recommended New York law firm in the 2016 edition of Benchmark Litigation.  In addition to the firm’s ranking, partners Mark S Cohen, Lawrence T Gresser, and Karen H Bromberg were all individually recognized by the publication. Benchmark Litigation is a leading guide to top litigation firms and attorneys in the United States that exclusively covers the litigation and disputes market. Its editors examine recent casework handled by law firms and conduct extensive interviews with litigators and their clients to identify leading firms and litigators.

We are pleased to announce that twenty-two of our New York-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in New York receive this honor.
IAM Patent 1000 has recognized Karen H Bromberg as a leading patent professional in its 2015 guide.  Published by Intellectual Asset Management (IAM), the IAM Patent 1000 identifies top patent professionals in key jurisdictions around the globe, compiling its data through interviews with numerous attorneys at law, patent attorneys, and in-house counsel.

Each year, Managing Intellectual Property magazine ranks top IP firms and lawyers in its annual IP Stars ranking guide.  For the second year in a row, the guide ranked Cohen & Gresser as being recommended in the Patent Contentious category, and Karen Bromberg, partner and chair of the firm’s Intellectual Property and Technology group, was named an IP Star for Counselling, Licensing, and Patent Litigation. Additionally, Dr. Gurpreet (Ray) Walia has been recognized as an IP Star in Patent Litigation, Patent Opinion, and Patent Strategy and Counseling category. 

On Tuesday May 27, 2015, the U.S. Supreme Court ruled a good faith belief that a patent is invalid is not a defense to induced infringement. C&G's Karen H Bromberg speaks to Law360 about why this decision in Commil USA LLC v. Cisco Systems Inc. is significant.
Cohen & Gresser is pleased to announce that the firm and five of its attorneys are recognized in the 2015 edition of Chambers USA, a national ranking guide that recognizes outstanding lawyers and law firms across the United States who are strongly recommended based on in-depth interviews with thousands of lawyers, clients, and industry leaders, with the most weight assigned to client feedback. The final rankings take into account a lawyer's legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment to the profession, among other qualities most valued by clients.

On Wednesday January 21st, the U.S. Supreme Court ruled unanimously that so-called trademark tacking is a factual question that should be dealt with by juries. C&G PArtner Karen H Bromberg tells Law360 why the decision in Hana Financial Inc. v. Hana Bank is significant.

Cohen & Gresser has been ranked as a "Recommended" New York law firm in the 2015 edition of Benchmark Litigation.   In addition to the firm’s ranking, partners Mark S Cohen, Lawrence T Gresser, C Evan Stewart, and Karen H Bromberg were all individually recognized by the publication.  Benchmark Litigation is a leading guide to top litigation firms and attorneys in the United States and bases its rankings on extensive face-to-face interviews around the country over a six-month period with the nation's leading private practice attorneys and in-house counsel. 

There is much controversy and criticism surrounding Google's implementation of the recent decision which gives individuals the "right to be forgotten". Karen Bromberg discusses the implications of allowing these take-down requests to be left to the discretion of search engine personnel. 

Karen H Bromberg, head of C&G's Intellectual Property and Technology Group, weighs in on the FTC's probe into whether Facebook's behavior experiment affected their users and impacted the term's of their privacy policies. 

Cohen & Gresser LLP is pleased to announce that it has been recognized in the 2014 edition of Chambers USA, a national report on lawyers and law firms published annually. Chambers recognized Cohen & Gresser's Patent Litigation group as a Recognized Practice. The guide also ranked Karen H Bromberg in the Patent category with commentary that she is "a complete rock star, with extensive knowledge and negotiating acumen, who provides real-world advice."

Each year, Managing Intellectual Property magazine ranks top IP firms and lawyers in its annual IP Stars ranking guide.  This year, the guide ranked Cohen & Gresser as being recommended in the Patent Contentious category, and Karen Bromberg, partner and chair of the firm’s Intellectual Property and Technology group, was named an IP Star for 2014. 

Partner Karen H Bromberg is profiled in Law360’s Female Powerbroker series, where she responds to a series of questions relating to her experiences as a female lawyer in a law firm.

Karen Bromberg speaks to Law360 about the pitfalls attorneys using social media sites like Facebook to research potential jurors.  

A recent InsideCounsel editorial about the possible Sears data breach cited Lawrence T Gresser and Karen H Bromberg's article "Litigation: Minimizing the Risk of Data Breach Class Actions from Target's Example".

Facebook's recent acquisition of WhatsApp has resulted in scrutiny from European regulatory bodies in regards to issues of data security. Karen H Bromberg weighs in on the importance of including privacy attorneys as part of due dilligence in the M&A process.

President Obama recently outlined reforms to the government’s domestic and foreign intelligence-gathering capabilities following privacy concerns prompted by former National Security Agency contractor Edward Snowden’s disclosures.  In a Law360 article examining how these reforms may affect the European Union’s own changes to its privacy regime, Cohen & Gresser partner Karen Bromberg offered her analysis of the interaction between U.S. and E.U. data protection regulation.

An initiative in California that seeks to create a presumption of harm when personal information is disclosed without authorization could lead to an increase in privacy class actions lawsuits, a recent Law360 article suggests. Bromberg notes, “Many courts have dismissed privacy lawsuits for failure to establish injury, [but] the establishment of a presumption of harm, as proposed by the initiative, would eliminate this barrier. This will trigger more privacy lawsuits.”

In reaction to the news that the Obama administration may be collecting phone and internet records from Google and Facebook, EU regulators called for clarification from the National Security Agency on how these tactics affect European citizens. Bromberg points out that, “…the revelations that the very same companies who have lobbied so vigorously to weaken these regulations are the ones that have given the NSA — either knowingly or otherwise — access to customer data may give a boost to those calling for tougher data protection standards."

While much of the discussion around cybersecurity tends to focus on critical information sectors, national security, and the concerns of global corporations, data breaches can be just as devastating for small and medium-sized businesses. Bromberg notes, “Some of the most serious cyber risks that these businesses face come from network breaches unwittingly made possible by uneducated employees who become the primary target of phishing schemes (malicious links and emails) which allow cyber-attackers to penetrate the company’s network in order to gain access to sensitive information.”

Karen H Bromberg and Lauren J Salamon examine the key provisions of the Families First Coronavirus Response Act. Signed into law on March 18, 2020, it provides paid sick and protected job leave for employees who are unable to work because they, or their family members, are impacted by COVID-19, and is applicable to employers with fewer than 500 employees.
Karen H Bromberg discusses the recent guidance posted by the U.S. Department of Labor regarding common issues employers are likely to face, or are already confronting, with respect to employee wages when responding to different COVID-19 scenarios.
Karen H Bromberg and Eliza Sheridan discuss the importance of properly handling employee complaints and negative attitudes, as well as the difference between insubordination and protected griping in the workplace.

Karen H Bromberg and Marvin J Lowenthal examine the Stop Hacks and Improve Electronic Data Security (“SHIELD”) Act, which amends New York’s current data breach notification law and places increased obligations on businesses that handle private data. With the SHIELD Act, New York joins the growing list of states that have adopted legislation to strengthen consumer privacy protections.

Karen H Bromberg discusses the increasingly prominent role of privacy and network security measures in decisions about potential strategic investments and acquisitions.
The flow of data across international borders is crucial to commerce in today’s global economy.  After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to the US by self-certifying that they complied with the EU’s stricter privacy standards, businesses were left scratching their heads.  EU law dictates that organizations that want to transfer data outside the EU can only do so with adequate privacy protection. But the privacy protection provided by the US has been deemed inadequate, and Safe Harbor, upon which thousands of companies across the world relied for their transatlantic business, has been ruled invalid.  
 
After nine months of uncertainty as to how companies could transfer personal information without running afoul of the EU Data Protection Directive (“EU Directive”), in August 2016, the EU Commission (“EC”) finally adopted a new mechanism for the transfer of personal data from the European Union to the United States, branded the “EU-US Privacy Shield” (“Privacy Shield”).

On October 6, 2015, the European Court of Justice (CJEU) invalidated the Safe Harbor framework between the United States and the European Union, putting at risk the legality of trans-Atlantic data transfers. Businesses and policy makers questioned how-and whether-"Safe Harbor 2.0" would be successfully negotiated. This article discusses the new framework known as the EU-U.S. Privacy Shield (the "Privacy Shield"), which was announced on February 2, 2016. 

Earlier this week, on December 15, 2015, EU officials approved the text of new data privacy regulations after nearly four years of discussions. The EU-wide bill, which will supersede what is now known as the EU Data Protection Directive, is intended to unify the patchwork of 28 national privacy laws, and bring the rules up to date for the digital age. This article discusses the highlights and implications of the bill. 

ILITA (Israeli Law Information and Technology Agency), which sits within the Israeli Ministry of Justice, has announced that companies and other entities can no longer rely on the EU’s “Safe Harbor” framework as a basis for transferring personal data from Israel to the United States. This article discusses the far-reaching implications of the Schrems and ILITA decisions.

Earlier this week, the European Court of Justice (CJEU) invalidated the Safe Harbor framework between the United States and the European Union -- effective immediately. This alert offers insight into this decision and how it will significantly disrupt the flow of data from Europe to the U.S. and have a major impact on U.S.-EU trade.  

Technology is at the forefront of helping us understand, track and improve our health, not only for those who are young and fitness obsessed, but for individuals who are combatting and monitoring illnesses, and even for seniors who want to live independently as long as possible. While the two original pieces of “body real estate” focused on health tracking functions were the head and wrist – wearable shirts (or smartwear), that take biometric devices to a new and arguably more fashionable level, have been added to the mix. But is there a price to pay for the benefits of wearable tech? This article discusses the privacy issues and data security concerns surrounding wearable technology, and the steps wearable tech companies must take to succeed and protect their users’ data.

The Target data breach made headlines across the country and resulted in over fifty purported class action suits against the retailer. This is a warning shot over the bow for other companies. Privacy class actions are on the rise.

New trends in targeted online consumer behavioral advertising are raising privacy concerns.  They have also spurred new legislation in California, along with increased regulatory enforcement and class action litigation elsewhere in the country, making it imperative that companies take these concerns seriously. 

All eyes are on the California legislature as they consider proposed amendments to the state’s privacy laws. If passed, they will likely force businesses doing business in the state to dramatically change their data sharing policies.

E-discovery continues to be an arduous part of the patent litigation process, but three district courts in particular—The Eastern District of Texas, Northern District of California, and the District of Delaware have attempted to level the e-discovery playing field. Since different Districts use different approaches to e-discovery, it’s imperative to know the local e-discovery climate.

Negative online posts, even anonymous ones with questionable authenticity, can have a significant impact on a company’s sales figures, revenues, and bottom line. And now, at least according to one court, they can also be used as evidence of trademark infringement. In an article for InsideCounsel, Bromberg and Kung provide an analysis of how a Yelp review became the basis for the You Fit Inc. v. Pleasanton Fitness litigation and may even establish precedent.  The bottom line for companies:  monitor online business review sites and quickly correct any false and misleading statements about trademarks.

Recent court decisions and an increasing number of FTC enforcement actions should make companies look closely at their privacy policies and how they handle their consumers’ personal information.  The FTC has also issued privacy guidelines specifically for mobile use. At a minimum, it would be wise for companies to consult these and future FTC guidelines and work closely with counsel in crafting a sensible policy with which the company can and will comply.

Some courts are holding defendants to a heightened pleading standard for affirmative defenses and counterclaims. A review of different pleading standards for claims in different jurisdictions suggests that defendants should look carefully at evolving case law in their jurisdiction in which they are sued until the Federal Circuit presumably harmonizes the pleading standards.
The recent comScore decision and others allowing privacy cases to proceed in the absence of actual damages may imply that the legal landscape is changing. In fact, comScore suggests that if a lead plaintiff in a purported privacy class action can overcome the standing hurdle by citing statutory damages, then the class certi­fication hurdle may also be manageable.

In light of the infamous Wyndham Worldwide Corp data breach, which led to the compromise of more than 500,000 payment card accounts, this article explores cybersecurity enforcement actions and questions the FTC’s role in determining fault in such cases.

A discussion on best practices for data encryption and how a recent report issued by the California Attorney General’s office will substantially raise the standard of such practices.

Leveraging the theory of global consent, this article discusses how internationally operating companies may need to amend their standard data use policies to align with the regulations of individual countries.

As mobile payments become the new standard for consumers, companies must ensure they develop mobile payment products and services with adequate financial, security, and privacy protections. This article offers suggestions for companies on how to achieve the right level of security.

This article discusses the FTC’s guidance on how mobile app players should improve their disclosures to ensure that users understand how their personal data will be collected and used.

This alert explores why companies should implement, monitor, update, and strictly adhere to a comprehensive privacy program, in light of this groundbreaking FTC settlement.

A discussion on the importance of relying on the FFIEC’s guidance for an excellent summary of current best practices for financial institutions and businesses in managing the risks associated with the use of social media platforms.

This article address the potential consequences of the proposed legislation requiring U.S.-based tech companies to report the loss or theft of personal information to the E.U.

This article examines the highly-polarized debate over software patent protection and how it affects innovation.

Examining the Federal Trade Commission’s first Fair Credit Reporting Act enforcement action involving mobile applications, this article shares lessons learned for both mobile app developers and employers.

This article explores the guidelines set forth by these recommendations and how they intend to minimize surprises to users from unexpected privacy practices via the request for greater transparency.

A Second Circuit decision could make it easier for U.S. companies to enforce claims against employees who commit cyber theft from remote locations, including from beyond U.S. borders. This alert discusses the impact of the decision.

A discussion about the FTC consent order barring online advertising companies from engaging with tracking technology known as “history sniffing”.

Examining the case of Instagram’s privacy policy, this article delves into sales of user information to third-party advertisers and the potential for public backlash.

This article examines the concept of aesthetic functionality, specifically within the fashion industry, and its implications on copyright infringement decisions.

This article explains the significance of Davidoff v. CVS and its effect on trademark holders, distributors, retailers, and consumers in the context of gray-goods history and principles.

This article emphasizes the importance of ensuring a trademark application only contains goods or services for which the mark is used.

A discussion on the need for every license agreement to clearly delineate the terms of the parties’ rights and obligations after the agreement’s termination. 

Karen Bromberg co-moderated the “Evidence, Interviewing & Credibility” module for the "Workplace Investigations Virtual Seminar Series," hosted by the Association of Workplace Investigators (AWI) on June 6, 2023. The AWI series consists of three modules designed to introduce participants to the theory and practical skills necessary to conduct impartial investigations of allegations of employee misconduct.

Click here for more information.

C&G partners Karen H Bromberg, chair of the firm's Privacy and Data security group, and Kwaku Andoh, former Managing Director & Associate General Counsel at JP Morgan Chase whose practice currently focuses on M&A, participated in an interactive CLE webinar on data privacy in M&A transactions.

EU privacy regulators want the right to be forgotten – the delisting of information on the internet – to go global. This webinar, consisting of a panel of privacy attorneys, will consist of a discussion surrounding the issues stemming from the EU’s Right to be Forgotten ruling, whether this ruling could extend to US search engines, and what legislation needs to be explored in order to properly address the international implications of this ruling.

Additional panelists include: 

 

Please click here to register for the webinar and earn CLE credit. 

EU privacy regulators want the right to be forgotten – the delisting of information on the Internet – to go global. New York Intellectual Property Law Association (@NYIPLA) Internet & Privacy Committee Co-Chairs Kevin Moss and Karen Bromberg in conjunction with Bloomberg BNA and a panel of privacy professionals will be leading a Twitter discussion surrounding the issues stemming from the EU’s Right to be Forgotten ruling and whether this ruling could extend to US search engines. 
 
Follow the discussion via Twitter, using the hashtags #NYIPLA and/or #R2BF
A panel discussion about what it takes to grow an international practice, successfully pitch transnationally, and communicate with clients from other jurisdictions, from a panel comprised of top litigators and transactional attorneys. 

Karen Bromberg, head of C&G's Intellectual Property Group, joins a panel of top tier IP attorneys to discuss the Supreme Court's major intellectual property rulings from this term. Ms. Bromberg will address the recent SCOTUS ruling which found that online television streaming service Aereo Inc. is in violation of copyright laws. 

This panel gave information and advice, focusing on professionalism and deciding on a legal specialty, to Columbia Law School Legal Practice Workshop students.

A discussion of best practices in performing due diligence and how to manage client expectations, discover hidden assets and begin the process early so that remedies can be put in place before closing.