Intellectual Property and Technology
Cohen & Gresser handles a wide range of intellectual property and technology matters. Our transactional lawyers conduct IP due diligence in connection with joint ventures, asset purchases, and mergers and acquisitions, and negotiate and draft a variety of licensing, collaboration, and technology-related agreements. Our litigators have experience in trademark, copyright, trade secret, and unfair competition litigation and advise clients on internet privacy issues, data security, and technology law.
Due Diligence and Corporate Advice
Our attorneys provide a full range of services and counseling in connection with corporate transactions. We evaluate third-party trademark, copyright and patent holdings for possible acquisition, conduct due diligence assessments on intellectual property aspects of mergers and acquisitions, and negotiate agreements transferring title and rights to intellectual property. We also advise clients on technology-related risk analysis within the context of corporate transactions.
In collaboration with the firm’s other practice groups, we also advise companies on a broad range of life cycle issues, including formation, seed and venture capital, financing, private and public equity, mergers and acquisitions, real property acquisition and lease negotiation, litigation, and compensation and employment matters.
Licensing and Technology Agreements
C&G represents companies at all stages of growth in developing, commercializing, and transferring technology-related intellectual property. We structure agreements between domestic companies and their foreign counterparts, including joint ventures, territorially defined licensing arrangements, multi-state distributorships, and equity arrangements.
Trademark Law
Our trademark attorneys evaluate prospective trademarks for both clearance and availability for use and handle opposition and cancellation proceedings before the Trademark Trial and Appeal Board. We also represent clients in trademark infringement litigation, including ex parte seizure orders, temporary restraining orders, and preliminary injunctions in federal and state courts, and we regularly counsel our corporate clients on the protection and enforcement of their trademarks.
Copyright Law
Our copyright attorneys protect the intellectual property rights of companies in a range of industries.
On the transactional side, our copyright attorneys conduct due diligence reviews and evaluate target companies’ copyright and other IP assets in connection with joint ventures, mergers and acquisitions, asset sales, and co-branding, and distribution agreements.
Our litigators are experienced in resolving copyright infringement actions for both registered and unregistered copyrights and in navigating issues of joint ownership, fair use, public domain, and independent creation.
Technology Litigation
We advise technology companies in many types of technology dispute resolution and litigation matters, including those related to IT and software, e-Commerce, e-Payments, FinTech, ad-tech, and industrial projects disputes.
Our IP & Technology team has a track record of representing clients in complex civil litigation and commercial disputes in the technology field, including across various jurisdictions. Clients include multinational corporations, foreign and local listed companies, small and medium enterprises, and foreign and local financial institutions.
Trade Secret and Unfair Competition
We represent clients in actions involving unfair trade practices, unfair competition, trade secret misappropriation and violations of non-competition and nondisclosure agreements.
Key Contacts
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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:
- Jonathan S. Abernethy, Criminal Defense: White Collar
- Kwaku Andoh, Mergers & Acquisitions
- Luke Appling, Civil Litigation: Defense
- Elizabeth Bernhardt, Business Litigation
- Colin C. Bridge, Criminal Defense: White Collar
- Karen H. Bromberg, Intellectual Property
- Jason Brown, Criminal Defense: White Collar
- Damir Cefo, Intellectual Property Litigation
- Joanna K. Chan, Securities Litigation
- Mark S. Cohen, Business Litigation
- S. Gale Dick, Business Litigation
- Christian R. Everdell, Criminal Defense: White Collar
- Robert J. Gavigan, Mergers & Acquisitions
- Lawrence T. Gresser, Business Litigation
- Oliver S. Haker, Business Litigation
- Johannes Jonas, Mergers & Acquisitions
- Nicholas J. Kaiser, Real Estate
- Jeffrey I. Lang, Civil Litigation: Defense
- David F. Lisner, Business Litigation
- Ellen Paltiel, General Litigation
- Douglas J. Pepe, Business Litigation
- Matthew V. Povolny, Business Litigation
- Nathaniel P. T. Read, Business Litigation
- Bonnie J. Roe, Securities & Corporate Finance
- Stephen M. Sinaiko, Business Litigation
- Mark Spatz, Civil Litigation: Defense
- C. Evan Stewart, Securities Litigation
- Daniel H. Tabak, Business Litigation
- Scott D. Thomson, Business Litigation
- Alexandra Wald, Business Litigation
The C&G lawyers recognized on the New York Metro Rising Stars list are:
- Sharon L. Barbour, Criminal Defense: White Collar
- Randall W. Bryer, Business Litigation
- Shannon A. Daugherty, Business Litigation
- Drew S. Dean, General Litigation
- Jesse Greenwald, Criminal Defense: White Collar
- Christine M. Jordan, General Litigation
- William Kalema, Business Litigation
- Sri Kuehnlenz, Civil Litigation: Defense
- Marvin J. Lowenthal, Criminal Defense: White Collar
- Barbara K. Luse, Criminal Defense: White Collar
- Benjamin Zhu, General Litigation
Nature Planet was founded with a clear focus on building strong long-term relationships with its customers in the attractions industry, particularly focused on the zoo and aquarium segment. Today the company supplies more than 5,000 customers in Europe and the United States. The acquisition of Phillips International adds jewelry as a new product category, making Nature Planet a one-stop-shop for the attractions industry.
Cohen & Gresser served as counsel to our client Procuritas and its portfolio company Nature Planet on all aspects of the transaction. The Cohen & Gresser team was led by Daniel H. Mathias and Robert Gavigan, with assistance from associates Myia Williams and James Mossetto. C&G partners Karen Bromberg (Employment and Intellectual Property), Bonnie Roe (Corporate) and Nicholas J. Kaiser (Tax) provided additional deal support. The terms of the transactions were not disclosed.
- Muriel Goldberg-Darmon: Stock Market Litigation
- Franck Le Mentec: Transfer Pricing and International Tax
- Angéline Duffour: Employment
- Muriel Goldberg-Darmon: Stock Market Litigation
- Guillaume Guérin: Stock Market Litigation
- Loïc Henriot: Commercial Litigation; Stock Market Litigation
- Franck Le Mentec: Tax
- Anna Milleret-Godet: Employment
- Guillaume Seligmann: IT and Internet
- Nicolas Vacca: Tax
- Litigation: General Commercial: Highly Regarded
- White-Collar Crime & Government Investigations: The Elite
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.
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.
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.
- The SEC action directly raises the question whether the tokens at issue qualify as unregistered securities, with significant implications for whether the platforms that facilitate trading in those tokens are potentially exposed to legal liability as unregistered securities exchanges.
- While Coinbase is not named in the SEC's complaint as an unregistered securities exchange, the nine tokens mentioned in the complaint were all traded on Coinbase, leaving it unclear what, if any, consequences will result from the SEC’s enforcement action for Coinbase.
- These are also the first cases to allege “tippee” liability for insider trading in the crypto sphere -- a "tippee" being a person who receives and trades on information obtained by someone else (the "tipper") in violation of the tipper's duty to a third party.
In addition, while the DOJ brought the criminal case under the wire fraud and conspiracy statutes, the SEC asserted its claims under the securities laws – marking the first time the SEC has alleged insider trading in violation of securities laws in the crypto context. The SEC action directly raises the question whether the tokens at issue qualify as unregistered securities, with significant implications for whether the platforms that facilitate trading in those tokens are potentially exposed to legal liability as unregistered securities exchanges.
Originally appeared in the Intellectual Property ALM Special Supplement
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