Professional Experience
Counsel
Weil, Gotshal & Manges LLP
Current
Current
XM Satellite Radio XM Satellite Radio Obtained favorable result on behalf of XM Satellite Radio regarding royalty rate for copyright license covering performances of sound recordings transmitted by XM and Sirius Satellite Radio.
Current
Bertelsmann AG In re Napster, Inc. Copyright Litigation, Case No. 06-15886 (9th Cir. 2006); Case No. 06-72515 (9th Cir. 2006); MDL 1369 (MHP) (N.D. Cal. 2003) Litigation over the former Napster service; successful settlements in the single largest copyright infringement case in U.S. history
Current
Bertelsmann AG UMG Recording, Inc. et al. v. Bertelsmann AG et al., 2000-CV-01369 (9th Cir. 2006) Appeal of ruling that compelled production of privileged documents under the “crime-fraud exception.” Won appeal: In a significant precedent, Court clarified scope of “crime-fraud exception”; also ruled substance of documents provided no evidence of fraud.
Current
Bertelsmann AG In re Napster, Inc. Copyright Litigation Representing Bertelsmann AG in a series of litigations brought by music publishers and record labels asserting that Bertelsmann should be liable (for tens of billions of dollars) for contributory/vicarious copyright infringement stemming from its loans extended to the Napster file-sharing service. more
Current
Elizabeth Taylor Orkin, et al. v. Taylor Defended ownership of painting against claims arising out of alleged forced sale attributed to Nazi persecution. Won dismissal of all claims; first federal appellate decision to hold there is no implied federal private right of action under 1998 Holocaust Victims Redress Act and related legislation; affirmance of first federal court decision to dismiss Holocaust art restitution claims on statute of limitations grounds. more
Current
Eurodif S.A. Compagnie Generale des Matieres Nucleaires (COGEMA) and COGEMA Inc. Eurodif S.A., Compagnie Generale des Matieres Nucleaires and COGEMA, INC. and Ad Hoc Utilities Group v. United States and USEC INC. and United States Enrichment Corporation Successfully represented Eurodif S.A., Compagnie Generale des Matieres Nucleaires (COGEMA) and COGEMA, Inc. in their appeal of orders by the U.S. Department of Commerce and the U.S. International Trade Commission to require payment of antidumping and countervailing duties on low enriched uranium from France. The Federal Circuit overturned a decision by the U.S. Court of International Trade, and held the duties inapplicable. more
Current
Empire State Development Corporation Empire State Development Corporation Defended the Empire State Development Corporation (ESDC), the parent entity of the Lower Manhattan Development Corporation (LMDC), in an Article 78 proceeding before the New York Supreme Court. New York City television station NY1 News sought under the Freedom of Information Act (FOIL) access to videotaped discussions between New York Governor George Pataki, New York City Mayor Michael Bloomberg, former New York City Mayor Rudolph Giuliani and the LMDC World Trade Center Memorial Jury, the entity charged with picking the World Trade Center Memorial. The Judge 's ruling is the first opinion that has ever extended FOIL protection to private citizens that were not compensated for the services that they rendered on behalf of a public agency.
Current
New York Stock Exchange Inc. MFS Securities Corp. v. Securities and Exchange Commission Successfully argued before the Second Circuit to affirm the SEC's dismissal of an application by MFS Securities Corp. alleging that New York Stock Exchange, Inc. had wrongfully terminated its NYSE membership status. more
Current
The Metropolitan Museum of Art Deutsch v. Metropolitan Museum of Art Represented The Metropolitan Museum of Art in New York regarding an ex parte application to enjoin it from shipping an El Greco painting out of the country following the conclusion of the major retrospective of the artist's work at the Museum in January 2004. An individual sued, claiming an ownership interest in the painting derived from a Hungarian family whose collection was looted by the Nazis during World War II. Upon hearing WGM's argument that the painting was immune from seizure under a U.S. statute that protects certain works brought into the country for temporary exhibition, the court issued an order denying the application and dismissing the action. more
Current
Sotheby's Republic of Croatia v. The Marquess of Northhampton 1987 Settlement Obtained dismissal of fraud claim and affirmance on appeal.
Current
Credit Suisse First Boston Frydman v. Credit Suisse First Boston Weil Gotshal defended Credit Suisse First Boston (CSFB) in an action alleging that it violated claimed contractual and other duties in connection with the plaintiffs' efforts to acquire Starrett Corporation. We initially obtained dismissal of a number of the plaintiffs' claims, and later obtained summary judgment in the trial court on all remaining claims for lack of evidence and causal injury. more
Current
Unisor USINOR/Court of International Trade Weil Gotshal represented Unisor in the Court of International Trade. WGM persuaded Commerce to revise its methodology resulting in a subsidiary margin of zero.
Education
New York University
J.D.
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Yale University
M.A.
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Princeton University
B.A.
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Publications
Articles & Publications
Publication
Publication
Publication
Speaking Engagements
Import/Export Laws: How They Have Been Modified (New York, July 19, 2002) Sponsored by the Appraisers Association of America
Due Diligence Requirements for Art Purchasers. (North Carolina, May 10, 2002)
Websites & Blogs
Website
Website
Contact & Map
767 5th Avenue
New York, NY 10153
Telephone: (212) 310-8775
Fax: (212) 310-8007
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