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David C. Rose

David Rose represents and counsels clients in all aspects of complex commercial and entertainment industry litigation from inception of disputes through trial. His areas of concentration include copyright, trademark, recording contract and motion picture finance disputes as well as complex commercial real estate litigation. Recently, David has:

• Successfully represented an internationally renowned record producer and songwriter in multiple litigations concerning the permitted scope of use of sound recordings and the royalties to be paid for such use, obtaining a landmark contract and intellectual property law ruling from New York’s highest court
• Obtained a multi-million dollar settlement for an international motion picture investment fund
• Obtained a judgment in favor of a major motion picture company enforcing its trademark rights
• Obtained dismissal of a case brought against major record companies, a major music publishing company and others claiming producer royalties on an album by a major recording artist
• Obtained judgment and an award of attorneys’ fees in favor of apparel manufacturer enforcing its trademark rights
• Represented major music publishing company as a plaintiff in a federal class action regarding the alleged use by record clubs of musical compositions without having obtained statutory compulsory licenses
• Represented major recording company, major music publishing company, major recording artist and songwriters and motion picture company in action asserting copyright infringment and related claims with respect to one of the most popular songs of the past decade and the song from which it was derived
• Represented a major New York metropolitan retailer in multiple litigations with property owners regarding sophisticated lease and buildout issues in landmarked and high profile Manhattan locations
• Counseled a real estate investment and development company regarding litigation affecting property it was considering for purchase
• Counseled the  board of managers of Manhattan condominium in a multifaceted economic and construction dispute with the condominium sponsor

Given his experience, David is often called upon to provide prospective litigation analysis for clients who are structuring transactions and to counsel them regarding ways to minimize the risk and impact of litigation on their deals.

Publications

• Author, Searching for the Comfort Zone: Issues Related to the Perfection of Security Interests in Trademarks in International Commercial Transactions, 15 U. Pa. J. Int'l Bus. L. 137 (1994).

Professional Affiliations

• American Bar Association, Member, Litigation Section and Forum on the Entertainment & Sports Industries
• Past Member of the Executive Committee of the New York State Bar Association, Section of Entertainment, Arts and Sports Law (Co-Chair Litigation Committee)

Other Activities

• The American Jewish Committee, Shalom Comay Fellow 2007-08 and Steering Committee and Board Member of ACCESS, the American Jewish Committee’s Next Generation Program
• Association of Metro Area Autistic Children, Vice President of the Board of Directors
• UJA-Federation of New York, Member of Music For Youth Leadership Committee