Jeffrey A. Jannuzzo, Esq.

News

A. NYLJ Reports Patent Law Malpractice Case Against Greenberg Trauig

On September 23, 2009, the New York Law Journal, the patent law press, and law.com reported the filing of Leviton Mfg. Co. Inc. v. Greenberg Traurig LLP, et al. The Complaint is on PACER in the S.D.N.Y. The article is available at http://www.law.com/jsp/article.jsp?id=1202434031606&Greenberg_Traurig_Hit_With__Million_Malpractice_Suit_by_Company_Sanctioned_Over_Patents

B. Reversal in Copyright Malpractice Case:

On June 18, the Appellate Division, First Department, unanimously reversed a lower court decision, and ruled that a valid claim for legal malpractice had been stated against the intellectual property firm Pryor Cashman LLP. Mr. Jannuzzo had sued Pryor Cashman on behalf of an independent classical music company, Naxos, for giving "copyright clearance" for very old classical recordings from the 1920s and 1930s, which were in fact protected by state common law copyright. Read the decision, and the Complaint. The case was reported in the New York Law Journal on June 19, 2009.

C. Jury Verdict in Hedge Fund Case:

After a nearly three-week trial, on May 28, a jury rendered verdict on liability in favor of plaintiff in Melcher v. Apollo Medical Fund Management LLC and Brandon Fradd, rejecting Brandon Fradd's assertion that there was an "oral amendment" to the parties written contract. Damages are to be assessed in a subsequent trial.

On August 31, 2009, the trial judge issued a decision which stated as follows regarding defendant Brandon Fradd: "The jury verdict found that Fradd had breached his fiduciary duty by diverting fees and investors to Apollo Offshore. It further found that Fradd's sworn assertion there was an "oral modification" was false, and that Fradd's sworn assertion that Mr. Melcher had waived his rights by not objecting was false." 8/31/2009 Decision.