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David C. Rose

David Rose represents and counsels clients in all aspects of complex commercial, real estate 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 real estate disputes and private equity-related matters. Recently, David has:

• Obtained $4.3 million dollar judgment for international motion picture distribution company  
• Successfully represented internationally renowned record producer and songwriter in multiple litigations concerning permitted scope of use of sound recordings and royalties to be paid for such use, obtaining a landmark contract and intellectual property law ruling from New York’s highest court
• Represented major music publishing company as plaintiff in federal class action regarding 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 national real estate developer in connection with Lehman Bros. bankruptcy
• Represented major New York metropolitan retailer in multiple litigations with property owners regarding sophisticated lease and buildout issues in landmarked and high profile Manhattan locations
• Obtained settlement valued in excess of $15 million on behalf of branch of prominent New York real estate family in intra-family dispute 
• Counseled real estate investment and development company regarding litigation affecting property it was considering purchasing
• Counseled board of managers of Manhattan condominium in multifaceted economic and construction dispute with condominium sponsor
• Represented retail-focused private equity fund in litigation concerning subordinated debt investment in portfolio company 
• Represented and continues to represent individuals and entities who were vicitims of Bernard Madoff fraud
• Successfully represented director of U.K.-based company that is publically traded in U.S.,in proxy contest for control of company and in parallel federal court litigation asserting, among other claims against him, violations of U.S. securities laws and computer privacy laws; obtained control of the company for the director and a slate of insurgent directors and dismissal of all claims  
• Obtained dismissal of case brought against major record companies, major music publishing company and others claiming producer royalties on album by major recording artist
• Obtained judgment in favor of major motion picture company enforcing its trademark rights 
• Obtained judgment and award of attorneys’ fees in favor of apparel manufacturer enforcing its trademark rights 
• Obtained summary judgment dismissing all claims asserted against major motion picture actor

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); Executive Committee and Board Member of New York Regional Office 
• UJA-Federation of New York, Member of Music For Youth Executive Committee