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Debevoise & Plimpton LLP

919 THIRD AVENUE, NEW YORK, NY 10022, USA
Tel:
Work +1 212 909 6000
Fax:
Fax +1 212 909 6836
Email:
Web:
www.debevoise.com

Jim Pastore

Tel:
Work 212 909 6793
Email:
Debevoise & Plimpton LLP

Work Department

Cybersecurity & Data Privacy


United States: Intellectual property

Copyright

Within: Copyright

Debevoise & Plimpton LLP has a respected copyright advisory and litigation practice, which has experience in the copyrightability of software and other licensing issues that emerge from new media. Highlights include being retained to defend Take-Two Interactive Software against a claim brought by the Psychic Readers Network, a fortune-telling service, alleging infringements contained within the client’s video game, Grand Theft Auto: Vice City. Jeffrey Cunard is recommended in Washington DC, Jeremy Feigelson and practice chair Jim Pastore are recommended in New York.

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Trademarks: litigation

Within: Trademarks: litigation

Hailed as providing ‘highest-quality’ litigation advice, Debevoise & Plimpton LLP’s ‘terrific’ department often represents clients in high-profile cross-border disputes. Clients ‘do not hesitate to recommend’ co-head David Bernstein, who, along with Jim Pastore, represented Case-Mate in federal litigation brought against Walmart regarding infringement over the ‘Case-Mate’ mark. Bernstein and Michael Schaper have been acting for WeWork in litigation brought against UrWork arising from the launch of a confusingly similar mark. Jyotin Hamid has been assisting GlaxoSmithKline (GSK) with opposition proceedings brought by Neutec Group and Sandoz regarding GSK’s Advair mark. The department, which is also led by Jeffrey Cunard, was bolstered by the arrivals of Henry Lebowitz from Fried, Frank, Harris, Shriver & Jacobson LLP and Paul Rubin from Ropes & Gray LLP in 2017. All partners are based in New York.

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United States: Media, technology and telecoms

Cyber law (including data privacy and data protection)

Within: Next generation lawyers

Jim Pastore - Debevoise & Plimpton LLP

Within: Cyber law (including data privacy and data protection)

Debevoise & Plimpton LLP’s New York-based group ‘brings great professionalism, expertise and work ethic’ to its compliance and incident response expertise, and ‘takes great pride in understanding clients and creating and tailoring advice to their specific needs’. Jeremy Feigelson and Luke Dembosky jointly lead the group; Feigelson defended Viacom in a multidistrict privacy class action in which plaintiffs allege its Nickelodeon online properties violate the Video Privacy Protection Act (VPPA) by tracking child users’ behavior, and Dembosky assisted a major energy company with an internal cybersecurity investigation. Clients also single out David Sarratt and Jim Pastore, who is ‘an exceptional attorney’ and ‘smart, patient and flexible in his approach’; Pastore acted for Aptos on a cybersecurity incident involving unauthorized access to credit card data. New clients for the department include Citibank, Bloomberg, Smith & Nephew and Prudential Financial Services.

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Legal Developments by:
Debevoise & Plimpton LLP

  • Anomalies of insurance law

    Although the courts are often at pains to point out that insurance law is merely a subset of general contract law and should be applied without any concession or discrimination simply because the subject matter is insurance, there are, in fact, several aspects that are peculiar to insurance. An understanding of these anomalies will assist in penetrating the sometimes arcane depths of insurance law. They include:
    - Debevoise & Plimpton LLP

Legal Developments worldwide

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  • Korean Financial Regulators Advance Legislation to Introduce Regulatory Sandbox to Spark FinTech

    The 2018 year in review in Korea was notable for the sluggish overall economy, uncertainty surrounding the geo-politics and impact on Korea due to the global trade wars, on-going concerns related to the lack of jobs and unemployment, increased taxes and burdens for businesses and families, and no meaningful improvement or clarity in the current situation for 2019. In response, the Korean National Assembly passed a legislation called the Financial Innovation Support Act (the “FinISA”) on December 7, 2018 to spark the financial services industry in conjunction with FinTech products and services. The FinISA, which will soon take effect in March 2019, is intended to lay the legal foundation to introduce a regulatory sandbox for innovative financial services, where FinTech firms test their new products and services without certain regulatory oversight pursuant to exemptions for a limited period of time (“Sandbox”). As the FinISA exempts or defers application of existing finance-related regulations for new financial technology, products or services with the purpose of fostering the creation of innovative and new financial products and services, it will also support the stabilization of such services in the financial services market at the end of the testing period and is expected that the FinISA will support a revitalization of the FinTech industry which experienced sluggish growth in recent times. In particular, as companies and investors become more interested in security tokens and Security Token Offerings (“STO”) which are regulated by the Financial Investment Services and Capital Markets Act (the “FSCMA”), there have been on-going discussions and debates as to whether the FinISA could lead to a breakthrough in the crypto-asset industry based on blockchain technology. Crypto assets encompasses those assets which utilize blockchain technology where the asset is digitalized by utilization of cryptography, peer-to-peer networks and a public ledger of verified transactions resulting in a ‘units’ of such a crypto asset without any involvement by middle-persons or brokers (e.g., cryptocurrency.
  • DISMISSAL AT NISSAN AND WORKPLACE CRIME PREVENTION

    The sacking of Nissan’s high-profile chairman may have beenproof that nobody is infallible. But Nicola Sharp argues that it should also beseen as an indicator that no company can be considered safe from wrongdoing.
  • 2018 FCPA Enforcement Actions and Highlights

    Overall, 2018 was a more active year in terms of Foreign Corrupt Practices Act ("FCPA") enforcement actions compared to 2017.
  • Legality of advertising with statements on the effects of medical treatments

    Advertisements featuring statements on the effects of medical treatments are only permissible if they are supported by sound scientific evidence. This was reaffirmed by the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt.
  • Sayenko Kharenko announces new partner promotion

    Sayenko Kharenko announces new partner promotion
  • ECJ – Distinctive character necessary for registration as EU trade mark

    For a sign to be capable of being registered as an EU trade mark, it must be distinctive across the entire European Union. This was confirmed by the Court of Justice of European Union (ECJ) in a ruling from 25 July 2018.
  • Supporting local and international charitable organizations

    As one of the leading law firms in Cyprus, we are active promoters and supporters of local economic growth by sponsoring local events, applying environmental-friendly practices, minimizing our ecological impact, and most importantly, by raising money for local charities and non-profit organizations.
  • BAG – Employers can claw back bonus payments

    The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, confirmed in a recent ruling that employers can claw back collectively agreed bonus payments from employees under certain circumstances.
  • Stricter supervision in relation to the Scheme for Naturalisation of Investors in Cyprus by Exceptio

    Recently there were a lot of publications within the European Union expressing concerns about the allegedly very high number of Cypriot passports being given to foreign investors the last few years. The Council of Ministers has decided on 9th January 2018 with the decision with number 84.069, to impose a stricter supervision of all the parties involved in the Scheme for the naturalisation of non-Cypriot investors in Cyprus by exception.
  • 19% VAT on Plots

    In order to harmonize the  Acquis Communautaire on the Taxation of untapped and undeveloped plots of land, the Cyprus Government enacted, on 03/11/2017, relevant legislation for the imposition of 19% Value Added Tax (VAT) on these properties, with a date of enforcement being 02/01/2018. The relevant legislation refers to plots/pieces of land offered and/or provided for construction for economic purposes.