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Shapiro Arato Bach is pleased to announce the promotions of Julian S. Brod to partner and Alice Buttrick to counsel. Julian and Alice are experienced litigators, representing institutional clients and individuals at the trial and appellate levels in complex commercial disputes, intellectual property litigation, and white-collar criminal matters.
Julian S. Brod | Partner
Julian is a trial and appellate attorney who focuses on white collar criminal defense and business litigation. In the past several years he has represented clients in three high-profile criminal trials, including two that involved federal charges of insider trading and political corruption. In his civil practice, Julian has represented clients in entertainment, publishing, life sciences, banking, and other industries in complex commercial and IP matters before both courts and arbitrators. These include the firm’s representation of performing artist Lizzo in copyright litigation concerning the authorship of the #1 hit song “Truth Hurts” and in a breach of contract action arising from Lizzo’s headline engagement at a music festival cancelled during the pandemic, which resulted in a complete victory on summary judgment, affirmed in full on appeal. In appellate matters, Julian co-authored briefs that secured reversals in United States v. Zhong (2d Cir. 2022) and Gorsoan Ltd. v. Sundlun (2d Cir. 2021). In the past year, Julian also authored the briefs and argued in the First Department an appeal raising important First Amendment issues arising from a criminal prosecution based on speech on social media. Julian is a trustee of the Federal Bar Council and is co-chair of the FBC’s Program Committee.
Julian is a graduate of Boston University School of Law and Oxford University. Prior to joining Shapiro Arato Bach in 2019, Julian clerked for a federal magistrate judge in the Southern District of California and worked at other New York litigation boutiques.
Alice Buttrick | Counsel
Alice has a wide-ranging practice that includes commercial litigation, trade secret disputes, and criminal appeals. She played an integral role in recent firm victories, including securing the complete dismissal of copyright claims against the creator of a widely acclaimed television show on summary judgment, a ruling affirmed by the Ninth Circuit. Alice also briefed, argued, and won dismissal of fraud claims against family members of a high-ranking foreign political official. She briefed and argued three related civil rights appeals in the Second Circuit, successfully obtaining a partial vacatur and reinstatement of our client’s case. Alice has represented several clients appealing convictions for complex financial crimes, including market manipulation, wire fraud, and embezzlement. She is also representing one client in a currently pending appeal challenging a murder-for-hire conviction.
Alice is a graduate of Harvard Law School and Yale University. Prior to joining Shapiro Arato Bach, Alice clerked for federal judges on the Second Circuit and the District of Connecticut, and worked at a non-profit focused on economic justice litigation and as an associate at a premier class action firm.
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On December 16, 2024, the Ninth Circuit swiftly affirmed all aspects of Shapiro Arato Bach’s summary judgment victory on behalf of Katori Hall, the creative powerhouse behind the widely acclaimed television show, P-Valley, in a copyright dispute.
In a unanimous summary order issued just days after oral argument, the Ninth Circuit held that “no reasonable jury could find substantial similarity of ideas and expression” between the plaintiff’s work and Ms. Hall’s show. The Court of Appeals adopted Shapiro Arato Bach’s argument that the alleged similarities were not protectible, and it agreed that “there are abundant dissimilarities in the respective works’ plots, themes, dialogue, moods, paces, characters, and settings.” The court further agreed with Shapiro Arato Bach that the plaintiff’s proffered comparisons “mischaracterize the works.”
The Ninth Circuit also affirmed the district court’s ruling granting Shapiro Arato Bach’s motion to strike the plaintiff’s expert report, declaration and testimony. The Court of Appeals adopted Shapiro Arato Bach’s argument that the report and declaration were little more than a lawyer’s argument, observing that they “merely restate many of the same generic similarities in expressive content” that the plaintiff herself presented in her own papers.
The Shapiro Arato Bach team representing Katori Hall included Cynthia S. Arato and Alice Buttrick. The court’s order can be found here.
Law 360’s coverage of the ruling can be found here.
Bloomberg Law’s coverage of the ruling can be found here.
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Alexandra Shapiro recently sat down with David Lat for an insightful interview about the ins-and-outs of her career as, in Lat’s words, a “rare lawyer who can go up against the S.D.N.Y. and win -whether at trial, in the Second Circuit, or before the U.S. Supreme Court.”
Through the course of this 45-minute episode, the two talk through Shapiro’s personal and professional background, broaching on a variety of topics, including her time as a prosecutor, at “BigLaw,” and, more recently, practicing from her own boutique. They discuss recent representations as well as her legal thriller about an SDNY prosecution, Presumed Guilty.
To listen to the episode, entitled “Sam Bankman-Fried and Diddy’s Appellate Ace: Alexandra Shapiro,” click here.
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On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued a unanimous precedential opinion in favor of Shapiro Arato Bach’s client Everlywell, a provider of at-home laboratory tests.
The appeal arose from a putative consumer class action in the District of Massachusetts, in which Everlywell had obtained an order compelling arbitration of the lead plaintiff’s claims. The lead plaintiff argued that the parties had never formed an arbitration agreement and that the agreement was unenforceable on various grounds, primarily alleging that Everlywell had presented her with its online terms and conditions after she had bought her test kit from a third-party retailer. Shapiro Arato Bach and its co-counsel responded, inter alia, that the lead plaintiff had unequivocally manifested her assent to the “clickwrap” terms by checking a box when she registered her test kit with Everlywell; that she could have sought a refund had she desired to reject the terms; and that she had delegated to the arbitrator all challenges to the contract’s validity. In a thorough opinion, the First Circuit ruled in Everlywell’s favor, affirming the district court’s order compelling arbitration.
The First Circuit’s opinion is available here. Everlywell’s brief, which Shapiro Arato Bach partner Fabien Thayamballi authored together with co-counsel from another firm, is available here.
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For the second year in a row, partners Alexandra Shapiro, Cynthia Arato, and Jonathan Bach have each been identified as among the “500 Leading Litigators in America” by Lawdragon. According to the publication, the 2025 list identifies an elite group of lawyers who “win freedom” for clients and “have the abilities to change businesses and entire industries.”
Lawdragon states that it “selected this guide through a record number of submissions, as well as original journalistic research and vetting with the nation’s leading trial lawyers.” The list represents Lawdragon’s assessment of “the best litigators the U.S. has to offer – in antitrust, intellectual property, white collar and investigations, securities and corporate governance litigation, and a vast array of class actions, product liability and other complex civil litigation.”
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On July 9, 2024, the Honorable Stephen V. Wilson of the United States District Court for the Central District of California awarded Shapiro Arato Bach client Katori Hall attorney’s fees and costs as the prevailing party in a copyright dispute concerning her widely acclaimed television show, P Valley.
The Court previously granted summary judgment dismissing the plaintiff’s claims that Ms. Hall’s work copied her play, holding that no reasonable jury could conclude that P-Valley was substantially similar to the plaintiff’s work. In its order awarding Ms. Hall attorney’s fees and costs, the Court acknowledged that Ms. Hall and her co-defendants “achieved a complete success in the litigation” and rejected the plaintiff’s assertion that she was likely to overturn the summary judgment ruling on appeal. It observed that this was “not a close and difficult case;” rather, “many of the similarities pointed out by Plaintiff in her case relied on some element of mischaracterization of one or both of the works in question.” The Court held that “Plaintiff’s choice to take this case as far as she did was unreasonable,” and that she used improper tactics during the litigation. Thus, a fee award was warranted.
The Shapiro Arato Bach team representing Ms. Hall included Cynthia S. Arato and Alice Buttrick. The court’s opinion can be found here.
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Cynthia is the featured speaker at The 29th Annual Intellectual Property Institute, presented in partnership with the Washington State Bar Association (WSBA) Intellectual Property Section, taking place on April 16 in a hybrid (in-person at WSBA offices or via live stream) presentation. This year’s Institute will include practitioners from across the country as well as a panel of USPTO representatives. Cynthia will provide an overview of the groundbreaking Artificial Intelligence lawsuits sweeping the nation.
Full Seminar Details & Registration | https://www.mywsba.org/PersonifyEbusiness/The-29th-Annual-Intellectual-Property-Institute-/MeetingDetail/24442264
Seminar Agenda http://wsba.vo.llnwd.net/v1/CLE%20Documents/Store/24602_e-flyer-lgl_v4.pdf
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On March 6, 2024, the California Court of Appeal affirmed all aspects of Shapiro Arato Bach’s earlier summary judgment victory on behalf of Big Grrrl Big Touring, Inc. (the touring company for the recording artist Lizzo) in a breach of contract action relating to the cancellation of the “Virgin Fest Los Angeles” music festival. The appeal concerned whether Lizzo and other artists who were scheduled to perform at the festival were entitled to keep their performance fees under the terms of their contracts with VFLA—the festival organizer—following VFLA’s cancellation of the festival in May 2020. Lizzo had been scheduled to headline the first night of the festival.
In a unanimous published opinion, the Court of Appeal accepted Shapiro Arato Bach’s argument that to retain thefee following the festival’s cancellation, Big Grrrl only needed to establish that Lizzo would have been “ready, willing, and able” to perform at Virgin Fest if the COVID-19 pandemic had not occurred. The court held that the force majeure provision at the heart of the dispute was “not reasonably susceptible to VFLA’s interpretation,” under which Big Grrrl could only retain the fee if it could establish that Lizzo would have been willing to perform in the face of the pandemic and related government restrictions.
The court held that VFLA’s interpretation suffered from “fundamental problems,” and that Big Grrrl’s “interpretation of the force majeure provision is the only correct reading that gives meaning to each part of the provision and makes it definite and capable of being carried into effect while reflecting the intention of the parties.” Moreover, the court agreed with SAB’s argument that, even if the language of the contract was susceptible to VFLA’s interpretation, the parol evidence favored Big Grrrl’s interpretation and would require affirming the grant of summary judgment. The court also held that Big Grrrl’s interpretation did not result in an invalid forfeiture or penalty, and did not make the performance contracts unlawful.
The Shapiro Arato Bach team representing Big Grrrl included Cynthia S. Arato, Julian S. Brod, and Avery D. Medjuck. Shapiro Arato Bach’s opposition brief can be found here. The court’s opinion can be found here.
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On March 6, 2024, Shapiro Arato Bach obtained a rare and nearly unprecedented mid-trial voluntary dismissal of criminal charges relating to allegations that our client and two co-defendants engaged in a conspiracy to traffic in supposedly stolen handwritten draft lyrics to the Eagles’ “Hotel California” and other songs from the album of the same name.
The dismissal came a week and a half into the closely watched trial, and just 48 hours after Shapiro Arato Bach orally moved to dismiss the case on Confrontation Clause, due process, and double jeopardy grounds, arguing that new documents disclosed by complaining witness Don Henley and his attorneys revealed critical evidence that supported defense theories and contradicted earlier testimony by prosecution witnesses. The withheld documents were only produced after Mr. Henley waived the attorney-client privilege mid-trial following defense arguments that the privilege was being invoked in violation of defendants’ confrontation rights. In response to the motion to dismiss, New York Supreme Court Justice Curtis Farber stated that he would “simply not allow a witness’s strategic manipulation of the discovery rules to interfere with defendants’ confrontation rights.”
Justice Farber initially reserved decision to allow the defense to make a presentation highlighting the prejudice caused by the belated disclosures. Before that presentation could be made, more previously withheld documents were disclosed, and all defendants renewed the motion to dismiss. While the motion remained pending, the District Attorney’s Office voluntarily moved to dismiss the indictment.
In an oral decision dismissing the case, Justice Farber noted that Mr. Henley and his representatives “used the privilege to obfuscate and hide information that they believed would be damaging to their position that the lyric sheets were stolen.” Justice Farber also observed that prosecutors at the DA’s Office appeared to have been “manipulated” and “should have recognized that they did not have a complete understanding of their case and that potential material existed upon which the defense could rely on in their defense.”
Jonathan Bach, Avery Medjuck, and Jason Driscoll represented Glenn Horowitz. The dismissal was covered by The Washington Post, Rolling Stone, New York Times, Law360 and others.
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Lawdragon has recently published an article recognizing Alexandra Shapiro, Cynthia Arato, and Jonathan Bach on creating a firm that has excelled in the market of boutique firms. Shapiro Arato Bach has redefined itself through experience and collaborative effort to become a competitive alternative to larger law firms. As the article points out: “Together, an appellate lawyer, a criminal defense attorney and an entertainment and IP lawyer create a uniquely comprehensive perspective for a boutique firm. With that deep bench, Shapiro Arato Bach’s litigation experts, all former Big Law titans, rival larger firms’ heft.”
Read the full article here.
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Cynthia co-authored a White Paper which the News/Media Alliance released yesterday explaining how the pervasive copying of expressive works to train and fuel generative artificial intelligence systems is copyright infringement and not a fair use. The paper, and accompanying technical analysis, documents the pervasive, unauthorized use of publisher content by GAI developers, the impact this may have on the sustainability and availability of high-quality original content, and the legal implications of such use.
The White Paper (along with the N/MA’s related submission to the United States Copyright Office), offer multiple recommendations to policymakers, including recognizing that unauthorized use of publishers’ expressive content for commercial GAI training and development is likely to compete with and harm publisher businesses in a manner that infringes copyright; creating transparency requirements to require disclosure of the use of copyright protected content in training; encouraging and facilitating effective licensing solutions; supporting international cooperation and harmonization on GAI regulations; and adopting legislation to remedy existing market imbalances that prevent publishers from engaging in fair negotiations for the use of their content against dominant platforms.
The White Paper can be accessed here.
The N/MA’s submission to the Copyright Office can be accessed here.
The New York Times coverage of the White Paper can be accessed here.
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The national publication Business Today recognized Cynthia Arato among the Top 10 Powerhouse Litigation Lawyers in New York’s Media and Entertainment sector.
The award recognizes the most notable Media & Entertainment litigation lawyers in New York, a hub for the media and entertainment industry, with some of the best lawyers in the field. It recognizes lawyers for their “notable expertise and ability to handle high-stakes disputes” for “wide-ranging clientele – from music artists and publishers to media and tech companies.”
Cynthia’s profile commends her for her strategic finesse.
The announcement and full list is here: https://businesstoday.news/top-10-powerhouse-litigation-lawyers-in-new-yorks-media-entertainment-2023/
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On October 6, 2023, Cynthia Arato will be one of the featured panelists at the University of Colorado’s Silicon Flatirons Conference on Generative AI and Copyright, speaking on “The Copyright Law of Generative AI.”
The conference will explore the rapidly evolving dynamics shaping the interplay between generative AI and copyright and copyright’s role in intermediating the development of AI technology and its impact on creative industries. The conference will assess the bleeding edge of copyright’s doctrinal application to AI, consider the impact of the law on creators and technologists, and consider future directions for copyright’s intersection with artificial intelligence.
The conference is open to the public and will be presented in-person and virtually. You can obtain more information here: Conference on Generative AI and Copyright.
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Partners Alexandra Shapiro, Cynthia Arato, and Jonathan Bach have each been identified as among the “500 Leading Litigators in America” for 2024 by Lawdragon. According to the publication, the list identifies an elite group of lawyers who litigate “better than anyone else in the world” and “are the advisors you want to send into battle.” […]
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For several years Shapiro Arato Bach has represented a former partner at Deerfield Management Co., following his convictions for securities trades based on intelligence about a federal agency’s contemplated regulatory changes. After the Second Circuit initially affirmed the convictions, Shapiro Arato Bach successfully petitioned the Supreme Court of the United States for a writ of […]
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On May 11, 2023, the Supreme Court of the United States handed down a pair of unanimous decisions in favor of Shapiro Arato Bach clients Steven Aiello and Joseph Gerardi, principals in COR Development Company, LLC, a Syracuse developer. The decisions substantially curbed the government’s expansive use of the federal criminal fraud statutes and are likely to have significant implications for the interpretation of those statutes in the future.
The first case, Ciminelli v. United States, arose out of the “Buffalo Billion” revitalization projects in upstate New York and alleged that our clients engaged in bid-rigging. The case was prosecuted under a “right to control” theory of wire fraud, which posits that depriving a person of potentially valuable economic information is itself a form of wire fraud, even if no deprivation of actual money or property is contemplated. The district court instructed the jury on that theory, and the Second Circuit affirmed. But in a unanimous opinion written by Justice Clarence Thomas, the Supreme Court reversed and held that “[t]he right-to-control theory is invalid under the federal fraud statutes.” Largely adopting the arguments Shapiro Arato Bach made at both the Supreme Court and the Court of Appeals, the Court held that the theory “cannot be squared” with the statutes’ text, history or structure, and “vastly expands federal jurisdiction without statutory authorization.”
The second case, Percoco v. United States, involved payments that COR made to Cuomo aide Joseph Percoco after he had resigned from office, in exchange for his assistance in lobbying State officials. The government prosecuted the payments as bribery under the “honest services” statute, and the Second Circuit affirmed, endorsing jury instructions that Percoco owed the public a duty of honest services if he “dominated and controlled” government functions and was in some sense relied on by those in government, even if he was not himself a public official. The Supreme Court reversed in a unanimous opinion written by Justice Samuel Alito. Again embracing Shapiro Arato Bach’s arguments, the Court held that the honest-services statute does not have “an indeterminate breadth” and cannot be construed to encompass such an “ill-defined” set of circumstances. The Court held that the Second Circuit’s “domination and control” standard was impermissibly vague and rejected the government’s alternative theories to defend the convictions. In addition, Justice Gorsuch concurred in the judgment and argued—consistent with our merits brief to the Court—that the honest services fraud statute is unconstitutionally vague.
The Supreme Court’s decisions were issued in cases associated with our clients’ co-defendants, and are available here and here. Alexandra Shapiro, Ted Sampsell-Jones, Daniel O’Neill, and Fabien Thayamballi co-authored the clients’ petition for certiorari, as well as merits briefs in support of their co-defendants, which are available here, here, here and here.
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On April 19, 2023, Cynthia Arato will be one of the featured speakers at the United States Copyright Office’s debut Listening Session on generative AI and copyright law. The Listening Sessions are part of Office’s AI initiative, and will focus on literary works, including print journalism and software; visual arts; audiovisual works; and music and sound recordings. Cynthia is proud to speak on behalf of the News/Media Alliance, the preeminent voice of the news and magazine industries, representing nearly 2,000 diverse publishers in the United States who are trusted and respected providers of quality journalism.
The sessions are open to the public. Further information can be found at https://www.copyright.gov/ai/listening-sessions.html#literary-works.
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Shapiro Arato Bach is pleased to announce the promotions of Fabien M. Thayamballi to partner and Julian S. Brod to counsel. Fabien and Julian are experienced litigators, representing institutional clients and individuals at the trial and appellate levels in complex commercial disputes, intellectual property litigation, and white-collar criminal matters.
Fabien M. Thayamballi | Partner
Fabien has secured several notable victories in the last few years. He won an acquittal on all counts for our client in a multi-defendant criminal jury trial. He briefed, argued, and won an appeal in the Second Circuit, including a remand with instructions to enter summary judgment in our client’s favor. He obtained preliminary injunctions for corporate clients in cases involving the theft of confidential business information. Admitted in New York and California, Fabien has played a significant role in the firm’s work for clients in a variety of industries, including media and entertainment, healthcare and pharmaceuticals, fashion, and finance, in forums ranging from private arbitration to the U.S. Supreme Court.
Fabien is a graduate of Yale Law School and Georgetown University’s School of Foreign Service. Prior to joining Shapiro Arato Bach, Fabien clerked for federal judges on the Third Circuit and Southern District of New York and worked at a leading international law firm.
Julian S. Brod | Counsel
Julian is a trial and appellate attorney who focuses on white collar criminal defense and business litigation. In the past several years he has represented clients in two high-profile criminal trials and has also represented clients in entertainment, publishing, banking, and other industries in complex commercial and IP matters. These include the firm’s representation of performing artist Lizzo in a breach of contract action arising from Lizzo’s headline engagement at a music festival cancelled during the Covid-19 pandemic, which resulted in a complete victory on summary judgment. In appellate matters, Julian co-authored briefs that secured reversals in United States v. Zhong (2d Cir. 2022) and Gorsoan Ltd. v. Sundlun (2d Cir. 2021). Julian is chair of the First Decade Committee of the Federal Bar Council and is also a member of the FBC’s Program Committee.
Julian is a graduate of the University of Oxford and of Boston University School of Law. Prior to joining Shapiro Arato Bach, Julian clerked for a federal magistrate judge in the Southern District of California and worked as an associate at another New York litigation boutique.
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On August 31, 2022, Shapiro Arato Bach obtained summary judgment on behalf of Big Grrrl Big Touring, Inc. (the touring company for the recording artist Lizzo) in a breach of contract action brought by VFLA Evento, LLC in Los Angeles County Superior Court. The lawsuit concerned whether Lizzo and other artists who were scheduled to […]
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In Late March 2022, Alexandra’s debut novel, Presumed Guilty, was published by New Degree Press. It has continued to gain the attention of lawyers and the judiciary across the nation and illustrates the changes in the criminal justice system and how sometimes the innocent can be unfairly prosecuted in the United States. Since its release, […]
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On June 30, 2022, Judge Arthur Engoron of the New York County Supreme Court ruled for Shapiro Arato Bach client Aliaune Thiam p/k/a Akon and dismissed two causes of action brought by Upfront Megatainment, Inc. and Darrick Stephens in a breach of contract lawsuit over Akon’s obligation to pay plaintiffs certain monies only while in […]
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On June 30, 2022, the Supreme Court of the United States granted petitions for writs of certiorari in two related criminal cases arising from the alleged bribery of Cuomo aide Joseph Percoco and alleged bid-rigging in “Buffalo Billion” upstate revitalization projects. Shapiro Arato Bach represents Syracuse developers Steven Aiello and Joseph Gerardi in those cases […]
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In late March 2022, Alexandra’s legal thriller, Presumed Guilty, was published by New Degree Press. Alexandra wrote the book to raise awareness about problems with the criminal justice system and how sometimes even innocent people can be unfairly prosecuted in the United States. Her book shows how the system does not always function properly even […]
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On February 23, 2022, the United States Court of Appeals for the Second Circuit reversed the convictions of our client Dan Zhong, a former executive of a Chinese construction company, on forced labor charges, based on three evidentiary errors. First, the district court had permitted the government to introduce evidence of uncharged criminal conduct […]
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Partners Jonathan Bach and Eric Olney of Shapiro Arato Bach successfully represented HYPR Corp and its founder George Avetisov, prevailing at trial in the Southern District of New York and then on appeal before the Second Circuit. HYPR and Avetisov had been accused of breach of contract for having allegedly excluded a claimed “co-founder” from […]
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Shapiro Arato Bach LLP is pleased to announce the inclusion of five attorneys in the 2021 list of Super Lawyers for the New York Metro area: Alexandra A.E. Shapiro – Super Lawyer in Appellate Litigation Cynthia S. Arato – Super Lawyer in Intellectual Property Litigation Eric S. Olney – Super Lawyer in Business Litigation Fabien […]
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Shapiro Arato Bach is pleased to announce the additions of Ted Sampsell-Jones and Avery Medjuck to our firm. Ted will be joining the firm as Of Counsel, and Avery will be joining as an Associate. Ted Sampsell-Jones is an experienced appellate advocate with two decades of experience representing white collar clients in their federal appeals. […]
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Shapiro Arato Bach partner Alexandra Shapiro was interviewed on the EntreEd Talk Podcast. The podcast, hosted by Toi Hershman and sponsored by the The National Consortium for Entrepreneurship Education, focuses on entrepreneurial stories that inspire and educate listeners. In this episode, Alexandra discussed her entrepreneurial journey and insights into connections between entrepreneurship and the legal system. […]
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Shapiro Arato Bach partner Alexandra Shapiro was featured in an interview on the Women Criminal Defense Attorneys website. The interview, conducted by Susan Bozorgi, ranged from discussions on Alexandra’s career and thoughts on important legal developments to her new novel, Presumed Guilty, which will be published in December 2021. See Women Criminal Defense Attorneys to […]
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On April 27, 2021, Judge Dolly M. Gee of Federal Court in Los Angeles granted Shapiro Arato Bach’s motion to dismiss amended claims asserted against firm client Melissa Jefferson, aka Lizzo. The case is Melissa Jefferson v. Justin Raisen, et al.
Lizzo filed this case in 2019, seeking a declaration that various musicians do not co-own her hit song Truth Hurts. The musicians brought their own competing claims for a declaration that they did co-own Truth Hurts. They claimed to co-own the hit song because Lizzo had previously recorded part of that work – a line about the results of a DNA test – in an unreleased demo that she had recorded with the musicians.
The firm moved to dismiss the musicians’ claims, arguing that even if the musicians were co-owners of the unreleased work (which Lizzo disputes), the musicians alleged only that they and Lizzo had created a “standalone song” from which Lizzo allegedly took elements for Truth Hurts and that “joint ownership in a prior work is insufficient to make one a joint author of a derivative work.” In a decision entered on August 14, 2020, Judge Gee dismissed the co-ownership claim, but gave the musicians leave to amend. They did so—now claiming that Truth Hurts had “evolved” out of the unreleased demoand was the supposed final product of that earlier alleged work. The firm again moved to dismiss on Lizzo’s behalf.
In her decision granting Lizzo’s motion, Judge Gee held that the musicians’ amended pleading continued to allege that the unreleased demo and Truth Hurts were distinct songs, and that as a result, the musicians’ alleged co-authorship of the unreleased demo did not make them co-authors of Truth Hurts. Judge Gee rejected the musicians’ new allegations as “mere labels and conclusions” and noted that they were contradicted by the musician’s own musicologist’s report, which the musicians had referenced in their claims. Finally, Judge Gee agreed with Lizzo that the musicians’ failure sufficiently to plead two of the key co-ownership factors – “intent” and “control” – was fatal to their claim to co-own Truth Hurts. Judge Gee dismissed the musicians’ co-ownership claim (and related claims seeking part of the profits generated by Truth Hurts)with prejudice.
Shapiro Arato Bach partner Cynthia S. Arato and associate Julian S. Brod represent Lizzo in this case.
The decision can be found here.
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On April 14, 2021, the Columbia Law Review published an In Memoriam issue dedicated to the legacy of Justice Ruth Bader Ginsburg. The issue included pieces by Chief Justice Roberts, Justice Breyer, former Secretary of State Hillary Rodham Clinton, and various other prominent judges, lawyers and academics, including Partner Alexandra Shapiro, who clerked for Justice […]
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Shapiro Arato Bach is pleased to announce that Alexandra Shapiro has been shortlisted in the category “White-Collar Lawyer of the Year” for the Chambers USA 2021 Awards. According to Chambers and Partners, those on the shortlist are determined through extensive research by a team of over 200 research analysts, and to “be ranked and then […]
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On February 19, 2021, Shapiro Arato Bach filed a petition for writ of certiorari in the Supreme Court of the United States on behalf of our client, Dr. Edward J. Kosinski. The petition presents important questions concerning the federal crime of insider trading. Dr. Kosinski was a prominent Connecticut cardiologist. He was convicted for trades […]
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Partner Alexandra Shapiro appeared on a virtual panel discussion on the legacy of Justice Ruth Bader Ginsburg hosted by the Center for Women in Law at the University of Texas on February 2, 2021 at 1:00pm Eastern Time. Comprised of NPR Legal Affairs Correspondent Nina Totenberg and several of Justice Ginsburg’s former law clerks, including […]
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