David Jacoby

David Jacoby is a seasoned litigator with impressive diversity and depth of experience in navigating client disputes in a wide range of business industries. He has tried or argued cases in numerous 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, franchising, financial and software industries involving trademarks, anti-counterfeiting, copyrights, trade secrets, Internet issues and contract rights.

His general litigation practice has involved:

• Telecommunications issues
• Franchising
• Closely held entities
• Insurance coverage and toxic tort issues
• Data privacy/digital life issues
• Trusts and estates disputes
• Defamation claims
• Matters involving art galleries, limited partnerships and real estate

Representative Experience
Mr. Jacoby’s litigation experience spans 35 years. Here are just a few  representative examples of published opinions:

• Schlessinger v. Valspar Corp., 19 N.Y.3d 992 (2013) (finding plaintiffs had no standing to assert claims in putative class action under one General Business Law provision and stated no violation of another banning unfair and deceptive practices)
• Coastal Communications Service v. City of New York, 658 F.Supp.2d 425 (E.D.N.Y. 2009) (granting summary judgment on claims that city’s regulation of locational permits for sidewalk payphone service employing a “best interests” standard is pre-empted by federal Telecommunications Act)
• 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)

Selected Presentations & Publications
Mr. Jacoby is recognized as a leader among his peers and his articles have appeared in various treatises, The National Law Journal, International Legal Practitioner, Convergence, IP Litigator, Bloomberg Law Reports, The New York Law Journal and The Insurance Advocate, among other law-related periodicals. He has been quoted on legal topics in Women’s Wear Daily, USA Today, Dow Jones VentureWire and various general circulation newspapers.

• View Selected Publications
• View Selected Speaking Engagements and Presentations

• • “Crossing the Line,” Leisure Industries Section Newsletter, International Bar Association (December 2014)
  • “Air Wisconsin Airlines v. Hoeper: US Supreme Court gives broad scope of immunity under Aviation Terrorism Reporting Statute,” Travel Law Quarterly, International Bar Association (June 2014)
  • “Conference report: Online gaming or gambling? Blurring the line between entertainment, gambling and social networks,” Travel Law Quarterly, International Bar Association (March 2014)
  • “Wealthy, but perhaps not healthy or wise,” (FTC POM Wonderful decision), North American Regional Forum News, International Bar Association Legal Practice Division, vol. 4, no. 2 (September, 2013)
  • “Art, Resale Royalties, Commerce and Privacy,” North American Regional Forum News, International Bar Association Legal Practice Division, vol. 4 no. 1 (April 2013)
  • “Protect the Brand: Avoiding Online Reputational Damage,” (co-author) IP Law 360 (January 28, 2013)
  • “Supreme Court upholds ‘restoration’ of copyright protection to foreign works formerly in the U.S. public domain,” (co-author), North American Regional Forum News – Newsletter of the International Bar Association Legal Practice Division (May 2012)
  • “Fashion, colour and US trademarks,” (co-author) North American Regional Forum News – Newsletter of the International Bar Association Legal Practice Division (September 2011)
  • “Reconciling Same-Sex Marriage and Copyright Law,” (co-author) IP Law360 (August 22, 2011)
  • “Mr. ZIP’s California adventure,” Computer & Internet (July 6, 2011)
  • “What’s in a Name?” Leisure Industries (September 2010)
  • “Travel, Tourism and the Emergent Developing World Middle Class,” Leisure Industries (September 2010)
  • “Finally, A Fair Shake For Fashion Design?” (co-author) Law360 (September 10, 2010)
  • “Adwords or Madwords?” Leisure Industries (June 2010)
  • “Bloggers Beware,” Leisure Industries (March 2010)
  • “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)

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

• • “Sell or Repel: Pushing the Boundaries of Legitimate Advertising – Issues in the United States,” (presenter and author) International Bar Association Conference, Tokyo, Japan (October 23, 2014)
  • “The Digital Age in the Workplace,” (moderator) International Bar Association Conference, Tokyo, Japan (October 21, 2014)
  • “See it Coming: New Eyewear and Accessory Technologies, New Legal Issues,” (panelist) Schiff Hardin, Accessories Council and Jobson Optical Seminar, New York, N.Y. (June 25, 2013)
  • “Fashion Law,” (participant by video and submitted paper) International Fashion Code Event, Cristobal Balenciaga Museoa, Getaria, Spain (June 15, 2013)
  • “A Patriotic ‘Setting’: Labeling Jewelry Made in the U.S.A.” Accessories Council, Fashion Center Business Improvement District, New York, (July 23, 2012)
  • “Technology Assisted Review (Predictive Coding), Managed Review, and Their Impact on Cases,” TechLaw Solutions Breakfast Briefing and Networking Event, New York, New York (July 19, 2012)
  • “Ethical Fashion: Issues and Definitions,” (panelist), “Courting the Socially/Environmentally Conscious Consumer: The Bottom Line Impact of Good Corporate Citizenship,” program sponsored by the Luxury Marketing Council, New York (June 13, 2012)
  • “U.S. E-commerce Law for U.K. Companies,” U.K. Trade & Investment (UKTI)/British Consulate in New York Webinar (March 15, 2012) (co-presenter)
  • “Fashion Law Roundtable,” (panelist) Fashion Law Week DC 2012, Washington, DC (February 28, 2012)
  • “Trademark and Branding Issues in the Hospitality Context,” International Bar Association Annual Conference, Dubai, UAE (October 2011)
  • “$ell-ebrity” (Marketing Involving Celebrities, Publicity Rights, Product Placements, Endorsements and Morals Clauses), Accessories Council, Fashion Center BID, New York, NY (July 12, 2011)
  • “The Growth of the Aboriginal Tourism Industry: United States,” Joint Session of the Leisure Industries Section and Indigenous People Committee, International Bar Association Conference, Vancouver, Canada (October 4, 2010)
  • “Trick or Tweet: Social Media, Branding and Legal Traps,” Accessories Council program, Fashion Center BID, New York, NY (September 16, 2010) (co-presenter)
  • “Please Release Me: How to Draft Effective Releases 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, NY (June 2009) (panelist)
  • “Ignore it at Your Peril: The New Lead Laws,” program by Schiff Hardin, the Accessories Council, and the Fashion Jewelry Trade Association, New York, NY (September 2008)
  • “Can Arbitration Survive E-Discovery?” (Panelist), Association for Conflict Resolution New York Chapter, Benjamin N. Cardozo School of Law, New York, NY (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, NY (June 2006) (panelist)

Awards & Recognitions

• AV Preeminent Rating® by Martindale-Hubbell Legal Directory
• Recognized as Super Lawyer (a Thomson Reuters service) by New York Metro Super Lawyers magazine (2014)
• David Rockefeller Fellow
• Columbia Law Review, Board of Editors
• Harlan Fiske Stone Scholar at Columbia Law School

Interesting Facts
David and his family live in a building with an intriguing history — 150 years, two fires and a lot of reconstruction ago, it was the first municipal insane asylum in New York City. Charles Dickens even visited it. According to David, the building’s infamous past makes for interesting Halloweens.