Karen Bromberg is the chair of the firm’s Intellectual Property and Technology group and leads the Global Privacy and Data Security practice. Her intellectual property practice focuses on litigation, counseling, and dispute resolution in all aspects of intellectual property, including patents, trademarks, trade dress, copyrights, unfair competition, trade secrets, and internet-related issues. She regularly negotiates and drafts license agreements for software and other IP assets as well as a variety of commercial agreements in support of her clients’ technology transactions, including outsourcing agreements, cloud computing agreements, infrastructure agreements, distribution agreements, and partnership agreements. Karen also represents companies in connection with the due diligence review and evaluation of target companies’ intellectual property assets in connection with joint ventures, asset purchases, and mergers and acquisitions.
Karen has been ranked by Chambers USA as a “Leading Individual” for patents each year since 2014. She 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,” and recognized in Benchmark Litigation. She has been named as one of New York’s Super Lawyers for Intellectual Property each year since 2010. Karen has been selected by Super Lawyers as one of the top 50 women lawyers each year since 2014 and, in 2015 and 2016, she was selected as one of the top 100 lawyers in the New York metropolitan area.
In addition to her intellectual property practice, Karen is a Certified Information Privacy Professional (CIPP) with certifications covering both U.S. and European privacy law. She advises clients on a broad range of privacy and data protection matters, including privacy policies and procedures, regulatory investigations, global compliance, cross-border data transfers, cybersecurity and network intrusion issues, and contractual issues involving privacy and security with an emphasis on litigation avoidance. Karen is a former member of Law360‘s editorial advisory board for its Cybersecurity & Privacy coverage.
She also counsels management on a variety of employment matters, including employment contracts, severance agreements, restrictive covenants, confidentiality agreements, consulting and work for hire agreements, and best practice employment policies with a focus on litigation avoidance and strategic planning.
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, including all employment related matters.
Follow Karen on Twitter: @karenhbromberg
Karen Bromberg is the chair of the firm’s Intellectual Property and Technology group and leads the Global Privacy and Data Security practice. Her intellectual…
University of Miami School of Law (J.D., cum laude, 1987); George Washington University (B.A., with honors, 1984)
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
Former Co-Chair, Privacy, Big Data, and Cybersecurity Law Committee, New York Intellectual Property Law Association
Member, International Bar Association (Technology Law Committee)
Member, International Trademark Association
Member, New York City Bar Association (Trademarks and Unfair Competition Committee and Information Technology Law Committee)
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.Read More
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.Read More
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.Read More
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.
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 Litigation, Securities 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.
This year, three C&G attorneys were named as Law360 Editorial Advisory Board members:
- Kwaku Andoh, Partner: Mergers & Acquisitions Editorial Advisory Board
- Karen H Bromberg, Partner: Cybersecurity & Privacy Editorial Advisory Board
- Lawrence T Gresser, Managing Partner: Legal Industry Editorial Advisory Board
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.
Chambers USA and 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, Damir Cefo, and Gurpreet (Ray) Walia as Patent Stars in its 2017 IP Stars ranking. Karen was also selected as a 2017 Trademark Star. IP Stars are private practice intellectual professionals who have been highly recommended by their peers and clients.
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.
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 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.
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.
Originally appeared in the Intellectual Property ALM Special Supplement
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.
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.
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”.
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.
An explanation of the potentially far reaching implications of the Rosenruist case.
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.
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:
- Andy Roth, Legacy co-chair of Dentons' global Privacy and Security group
- Ferdinand Graf, Managing Partner and Head of the M&A, Competition, and Cartel groups at Graf & Pitkowitz (Austria)
- Kevin Moss, Counsel, Kramer Levin Naftalis & Frankel
Please click here to register for the webinar and earn CLE credit.
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.
- Intellectual Property & Technology