David Jacoby

Partner

David Jacoby has tried or argued cases in state and federal trial and appellate courts, in private arbitrations and at the Iran-U.S. Claims Tribunal at The Hague.

His intellectual property-related work has included matters in the haute couture, motion picture, financial and software industries involving trademarks, anti-counterfeiting, copyrights, trade secrets, Internet issues and contract rights.

His general litigation practice has involved:

• Telecommunications issues
• Insurance coverage and toxic tort issues
• Trusts and estates disputes
• Defamation claims
• Matters involving art galleries, limited partnerships and real estate

Experience

• Gianni Versace S.p.A. v. Alfredo Versace, 87 F. Supp.2d 281 (S.D.N.Y. 2000) (finding of contempt in trademark infringement case based on use of Internet) and 2005 U.S. Dist. LEXIS 925 (January 21, 2005) (granting permanent injunction)
• Commander Oil Corp. v. Barlo Equipment Corp., 215 F.3d 321 (2d Cir.), cert. denied, 531 U.S. 979 (2000) (novel issue related to lessee liability under federal Superfund statute)
• McGuire v. Switzer, 734 F. Supp. 99 (S.D.N.Y. 1990) (sustaining certain claims over failure of state Office of Vocational Rehabilitation tuition reimbursement caps to comply with federal requirement of individualized written rehabilitation plan)
• ITC Entertainment, Ltd. v. Menke, 714 F.2d 217 (2d Cir. 1983) (meaning of non-domiciliary for purposes of CPLR Section 6201(1) attachment)

Publications

His articles have appeared in treatises, The National Law Journal, International Legal Practitioner, Convergence, IP Litigator, Bloomberg Law Reports, and The Insurance Advocate, among other law-related periodicals.

He has been quoted on legal topics in Women’s Wear Daily, USA Today and various general circulation newspapers.

"Fashion, Copyright, and the Proposed Design Piracy Prohibition Act," (Co-author) IP Litigator (November/December 2009)

"Madoff: The Second Act," Financial Fraud Law Report (September 2009)

"OMG! Ur TM, © Being Infringed @Twitter!" (Co-author) Law360 (July 22, 2009)

"Debacle on 64th Street," IBA International Litigation News (April, 2009)

"Has New York Stretched its Long Arm Too Far?: Court of Appeals Eschews Comity Analysis in Case Involving Service in Brazil," (Co-Author) Bloomberg Law Reports – Litigation (January 12, 2009)

"Wanted, Dead or Alive: Publicity Rights," (Co-Author) IP Law 360 (November 14, 2008)

"Attorneys and Public Relations Consultants: Privileged or Perilous Communications?" (Co-Author) IBA Legal Practice Division Litigation Committee Newsletter (September 2008)

"'Jobe' Highlights Issues in Anticounterfeiting Statute," (Co-Author) New York Law Journal (August 15, 2008)

"Fashion and Copying: Imitation is not the Sincerest Form of Flattery," (Co-Author) Convergence (July 2008)

"Mediation on Disputes in Long-Term Relationships," Mediation Committee Newsletter, International Bar Association Legal Practice Division (December 2006)

"Dispute Resolution Clauses: A Practical Approach," Newsletter of the Litigation Committee of the Legal Practice Division of the International Bar Association, International Bar Association (April 2006)

"Image Rights, Rights of Privacy – Opportunities and Limitation: A Legal Overview from a United States Perspective," Convergence 17, Section on Intellectual Property, Communications and Technology, International Bar Association (April 2006)

Speeches and Presentations

Mr. Jacoby has lectured and written on intellectual property, litigation, insurance, freedom of information law, Internet and other topics in the United States and abroad, including at the International Bar Association and the American Bar Association.

"Please Release Me: How to Draft Effective Release to Limit Liability in Dangerous Activities – A Perspective from the United States," Leisure Industries Section, International Bar Association Conference, Madrid, Spain (October 5, 2009)

"Accessories Law 101: Copyright Protection for Fashion and Accessories Design," Accessories Council, New York, N.Y. (June 2009)

"Ignore it at Your Peril: The New Lead Laws," program by Schiff Hardin, the Accessories Council, and the Fashion Jewelry Trade Association, New York (September 2008)

"Can Arbitration Survive E-Discovery?" (Panelist), Association for Conflict Resolution New York Chapter, Benjamin N. Cardozo School of Law, New York, N.Y. (June 2008)

IBA Public and Professional Division training course (arbitration and litigation session), Singapore (October 2007)

"Mediation of Disputes in Long-Term Relationships," (Panelist) IBA Mediation Committee and Corporate Counsel Forum, International Bar Association conference, Chicago, Ill. (September 2006)

"Law 101: Intellectual Property," Accessories Council, New York (June 2006)

"Image Rights, Rights of Privacy — Opportunities and Limitation: A Legal Overview from a United States Perspective," Program by the Copyright and Entertainment Law Committee and the Arts, Cultural Institutions and Heritage Law Committee at the International Bar Association Conference, Prague (September 2005)

"War of the Worlds: Seeking Legal Protection for the Artistic and the Commercial Interests in Fashion," Intellectual Property Law Society, Benjamin N. Cardozo School of Law, Yeshiva University, New York (March 2003)

Awards and Honors

David Rockefeller Fellow

Education

Clerkships

Honorable William H. Timbers, U.S. Court of Appeals, Second Circuit (1978-1979)

Teaching Appointments

Adjunct Professor, Fordham University School of Law New York Practice

Professional Memberships

International Bar Association
Leisure Industries Section
      North American Regional Representative
Litigation Committee
      Past Senior Vice Chair

New York State Bar Association
Past Member, House of Delegates

New York City Bar Association
Past Chair, Committee on Transportation

Federal Bar Council

Horace Mann Alumni Council
President Emeritus