Lynda Braun

Counsel

Weil, Gotshal & Manges LLP

Current

Current

Modi v. ESPNMs. Braun was one of three Weil Gotshal lawyers trying this case in New York Supreme Court on behalf of ESPN. Modi, an Indian plaintiff, sued ESPN and affiliated companies for breach of contract, misappropriation of trade secrets and unfair competition, seeking over $200 million in damages in a case involving a dispute over the launch of the ESPN India channel. The jury rendered a complete defense verdict, including a $2.5 million counterclaim award to ESPN.

Current

DVD Copy Control Association v. BunnerMs. Braun was a member of the Weil Gotshal team representing the DVD Copy Control Association (DVD CCA), the licensor of the technology used to encrypt copyrighted motion pictures on DVD, to assist it in obtaining an injunction against the defendants, prohibiting them from posting DVD CCA’s trade secrets on the internet, which allowed others to decrypt motion pictures and view them without cost.

Current

Girlfriends Productions v. ABC and Barbara WaltersMs. Braun was co-lead counsel in this theft of idea and copyright case brought in the Southern District of New York, successfully defending ABC and Barbara Walters from allegations that the idea for Ms. Walters’ daytime television show "The View" originated with plaintiffs. The case was resolved on defendants’ summary judgment motion, after several months of expedited discovery, and the grant of the motion was affirmed by the Second Circuit Court of Appeals

Current

Bowers v. Sony Pictures EntertainmentMs. Braun represented Sony, distributor TriStar Pictures, director Jonathan Demme and screenwriter Ron Nyswaner of the motion picture "Philadelphia," in a case brought in the Southern District of New York by the family of a man who claimed that the motion picture used the man’s story without attribution. Ms. Braun second chaired the jury trial, which was interrupted midway by settlement of the case.

Current

Abercrombie & Fitch v. American Eagle OutfittersMs. Braun was co-lead counsel for American Eagle Outfitters (AEO) in a case brought in the Southern District of Ohio by Abercrombie & Fitch (Abercrombie). Abercrombie alleged that AEO was infringing its trade dress in its clothing, store and catalog designs. The district court dismissed the case on AEO’s summary judgment motion, with virtually no discovery having been taken. The grant of the motion was affirmed by the Sixth Circuit Court of Appeals.

Current

Tomasini v. The Walt Disney CompanyMs. Braun was co-lead counsel for The Walt Disney Company (Disney) in a copyright case brought in the Southern District of New York by Anthony Tomasini, an artist who claimed that Disney’s "Gargoyles" cartoon series copied characters and concepts that he had created in a previous work. After discovery limited to the issue of access was completed, Disney moved for summary judgment. The Court granted Disney’s motion and plaintiff did not appeal.

Current

Gelbman v. Valleycrest ProductionsMs. Braun was co-lead counsel for Valleycrest Productions, The Walt Disney Company and ABC in this case involving ABC’s game show "Who Wants to Be a Millionaire." The plaintiff claimed that one of the questions he was asked on the show was ambiguous and that the show’s determination that his answer was incorrect unreasonably denied him of his right to proceed on the show (he had to leave at that point with $1000). The plaintiff sued for breach of contract and intentional and emotional infliction of emotional distress. Defendants moved to dismiss the complaint and the Court granted the motion. Plaintiff did not appeal.

Current

Paco Rabanne v. Paco Jeans Ms. Braun was co-lead counsel for Paco Rabanne Parfums in which Paco Rabanne sued Paco Jeans for trademark infringement, trademark dilution and unfair competition for use of its famous mark. Ms. Braun tried the case before a SDNY judge along with two other Weil Gotshal lawyers.

Current

Rodale, Inc. v. HealthologyMs. Braun was lead counsel for Healthology, an online health media company that operates a network of informational web sites on a multitude of health and medical topics. Healthology owns many domain names for these varying topics, all of which are under the healthology.com umbrella. One such domain name is menshealth.tv. Rodale owns the magazine "Men's Health" and the trademark of the same name, and thus believed it was entitled to the domain name menshealth.tv. Rodale brought a proceeding pursuant to the UDRP. The three-member WIPO panel denied Rodale’s Complaint, finding that Healthology had rights and legitimate interests in the domain name at issue.

Current

In the Matter of the Application for Asylum and Withholding of Deportation of Luis Alberto Loayza Mejia (pro bono)Ms. Braun was lead counsel for Mr. Loayza, a Peruvian national who was a Congressional Counsel in the democratic government of Alan Garcia. In 1992, Alberto Fujimori took over the government by coup, suspended the constitution and dissolved Congress. As a result of these actions, Mr. Loayza’s job was terminated. His life was in danger because he was a member of the former government and because of the Shining Path Marxist guerilla terrorists, who became much more active after the Fujimori coup. Mr. Loayza left the country and sought political asylum in the United States. After five years of denials, Ms. Braun tried Mr. Loayza’s case before an Immigration Judge in Manhattan. Mr. Loayza was granted political asylum soon thereafter and now has permanent residency in the United States.

University at Buffalo

B.A.

cum laude

Cardozo Law School

J.D.

1991

magna cum laude

Publication

Publication

Publication

Publication

Publication

Publication

International Arbitration Symposium, "Arbitration and the Internet." Sponsored by Weil, Gotshal & Manges, Rajah & Tann, and Derains & Associes. (New York, NY, June 13, 2001)