Litigation - Courtroom Strategy by Attorney Oscar Michelen

Joy Reid Loses Libel Suit but Big Loser Will Be Media

July 17, 2020 Oscar Michelen 0

Prominent MSNBC anchor Joy Reid lost a big appellate decision that will shape the rules of many cases involving free speech. Fighting this case made no sense and in the end it dealt a large blow to protections long relied upon by the media. Last week, the Second Circuit Court of Appeals reinstated libel claims from […]

Say What You Want About Lenny Dykstra . . . . I Mean It, NY Ct. Rules You Can’t Defame Him.

June 3, 2020 Oscar Michelen 0

The arc of Lenny “Nails” Dykstra’s life is like a roller coaster. Well at least that first part of the rollercoaster where you go up a huge hill, reach the top, and then speedily plummet to the bottom. Lenny’s hit so rock-bottom that recently a NY Judge ruled he is “libel-proof.” That is, his public […]

What Will Jurors Be Like Post-Covid?

April 30, 2020 Oscar Michelen 2

Over the last few days or so, I have seen that lawyers, judges and clients alike are starting to wake up out of their covid-comas and are thinking about getting back to normality - whatever that was - heck, let’s just call it the pre-covid days. More courts are scheduling video or phone conferences; lawyers […]

Copyright Law

Custody Battle Looms Over Fearless Girl

November 27, 2019 Oscar Michelen 3

State Street Global Advisors Trust Co. (SSGA) , the investment firm behind the “Fearless Girl” statue placed near the New York Stock Exchange, is pursuing legal action against Kristen Visbal, the sculpture’s creator for alleged breach of contract and trademark infringement. SSGA commissioned Visbal to create Fearless Girl allegedly to promote gender fairness and female […]

Copyright Troll Attorney Found in Contempt of Court for Lying About Grandparent’s Death

November 14, 2019 Oscar Michelen 3

Its the oldest excuse in the middle school playbook: Telling the teacher that you didn’t do your homework because your grandmother or grandfather died. Of course it never worked, and guess what - it doesn’t work in Federal Court either. Attorney Richard Liebowitz has been declared a copyright troll by Federal judges; has been ordered […]

General

NYS Bar Issues New Civility Guidelines for Lawyers

April 23, 2019 Oscar Michelen 0

Thanks in large part to the proliferation of social media (and, I would argue, the current WH occupant) civility has been going the way of the horse-and-buggy in public discourse. Emails, Tweets, Instagram, etc etc have made it easy and the norm to be rude, offensive and demeaning in a variety of communication platforms. So […]

Tattoo Artists File Lawsuits Against Video Game Makers Over Sports Games

December 28, 2018 Oscar Michelen 1

Fans of athletes know their hero’s tattoos these days. So when a video game maker wants to create a realistic sports game, of course they want to get down every detail of the most iconic players by including exact copies of their tattoos into the athlete’s game avatars. A series of copyright lawsuits brought by […]

Cohen Search Warrant is Nothing New

April 10, 2018 Oscar Michelen 0

The President is screaming that the search warrant executed on the offices Michael Cohen, his longtime attorney, is an attack on our country and a violation of the attorney-client privilege. First of all, 9-11 was an attack on our country; this search is just one step in a long criminal investigation. But Presidential histrionics aside, […]

Court Labels Attorney as “Copyright Troll” and Fines Him $10,000 Over Frivolous Case Involving Photograph

March 13, 2018 Oscar Michelen 2

2018 has been a bad year for copyright infringement troll attorney Richard Liebowitz. He specializes in bringing hundreds of suits over the alleged infringing use of a digital photograph. In February, in the case of McDermott v. Monday, Monday LLC Southern District of NY Judge Denise Cote labeled him a “Copyright Troll” for filing over […]