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Daren M. Orzechowski
Partner, New York
Contact Info
Daren M. Orzechowski
Partner
1155 Avenue of the Americas
New York, New York
10036-2787
United States
T: + 1 212 819 8704
F: + 1 212 354 8113
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Practice Experience
Mr. Orzechowski is a member of White & Case's Intellectual Property Group. Practicing in all areas of intellectual property law, he handles both litigation and transactional matters for clients in a variety of industries, including information technology, software, outsourcing, sports and entertainment. His practice also includes matters involving trademarks and Internet-related issues. He regularly assists clients with intellectual property clearance, registration, enforcement, and licensing and has appeared before courts and tribunals throughout the United States.
Information Technology and Outsourcing
Mr. Orzechowski has represented both institutional and startup clients with respect to transactions involving the acquisition, development, transfer and licensing of software, hardware, data and other content. These include outsourcing arrangements, financings, mergers and acquisitions, and day-to-day operational matters and, when necessary, litigation. Information technology and outsourcing representations include:
numerous investment banks and financial institutions in connection with the licensing and development of software, data processing arrangements, and IT outsourcing relationships,
various clients in connection with cloud computing based solutions and platforms,
a financial institution in the outsourcing of its online banking, financial accounts processing, statement printing, ATM and debit card creation and processing, and various other services related to its retail banking operations,
Sitel, formerly ClientLogic, in a litigation concerning a disputed outsourcing agreement involving software support services,
ARM Limited in a litigation asserting seven U.S. patents against a clone chip maker as well as claims of false advertising and unfair competition,
a real estate and information services company in connection with the acquisition, development and licensing of various software solutions and transaction management platforms,
a baked goods company in one of the largest information technology outsourcing transactions ever in Latin America,
Wellpoint, Inc. in connection with the sale of its Pharmacy Benefits Management business to Express Scripts, Inc., in particular various software, hardware, data and privacy issues,
an international office products company with respect to sourcing relationships as well as software licensing,
a world famous Italian fashion company with respect to software related agreements and disputes, and
CMP Media and the Electronic Engineering Times in a copyright infringement lawsuit concerning an author's online content.
Trademark and Sports and Entertainment
Mr. Orzechowski represents clients in connection with a variety of trademark and right of publicity related matters, including those which are specific to the sports and entertainment industries. These activities include trademark clearance and prosecution for new brands as well as enforcement of our clients’ valuable rights when necessary. Mr. Orzechowski also counsels clients with regard to trademark licensing, both in the traditional sense and in connection with complex international joint ventures and corporate transactions. Representations in these areas include:
Iconix Brand Group, Inc. in connection with various matters, including the creation of a joint venture with a Hong Kong-based company and the related granting of intellectual property rights necessary to form the joint venture. The joint venture will develop, license and market products in China, Hong Kong, Taiwan, and Macau under several of Iconix's well known brands,
Visa in a litigation involving FIFA and MasterCard in which MasterCard challenged a deal between FIFA and our client to sponsor FIFA events, including the World Cup tournament,
various professional athletes, including multiple professional baseball and basketball players, in connection with service, endorsement, agent, and marketing agreements, as well as certain disputes,
Perfumania in a trademark infringement litigation against a competing fragrance business using the mark PERFUMALL,
an investor group in connection with the expansion of a major U.S. sports league into a foreign market and the related licensing of the league’s intellectual property, most significantly, its trademarks,
ESPN in several lawsuits concerning ESPN's intellectual property, including the X GAMES and ESPN brands,
NHL Enterprises in litigation concerning its trademarks and the artwork used by NHL goaltenders on their masks,
pop star Michael Jackson in a multi-million dollar refinancing of certain debts held by Fortress Investment Group,
Russian television network NTV in a trademark infringement action against a former licensee of the network, and
Several successful domain name arbitrations before WIPO and the National Arbitration Forum.
Bars and Courts
New York State Bar
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fourth Circuit
US Supreme Court
Education
JD, Fordham University School of Law,
cum laude
, The Order of the Coif, Fordham Intellectual Property, Media, & Entertainment Law Journal, 1999
BA, Tufts University, 1996
Professional Associations and Memberships
American Bar Association
ABA Intellectual Property Law Section
ABA Entertainment and Sports Industries Forum
Association of the Bar of the City of New York
Sports Law Committee of the Association of the Bar of the City of New York
International Trademark Association
Publications
Co-author, "Trademark Infringement and the Legal Bases for the Recovery of Economic Damages,"
Economic Damages in Intellectual Property: A Hands-On Guide to Litigation
, published by John Wiley & Sons, Inc., edited by Daniel J. Slottje, November 2006
"Federal Court Dismisses High Profile Libel Claim Against Polish Political Magazine,"
Media Law Resource Center Media Law Letter
, March 2006
Speaking Engagements
Panel moderator, "Consumer Protection, Data Portability and Competition," at Berkeley Center for Law & Technology's conference on Emerging Law & Policy Issues in Cloud Computing, March 12, 2010
Panel moderator, "Sports Merchandising and Memorabilia," at Fordham Law School's 12th Annual Sports Law Symposium, April 11, 2008
Languages
English
Citizenship
United States
Practices
Technology
Litigation
Intellectual Property
Outsourcing
Recent News
Developing Software? Be Forewarned and Forearmed
Cloud Computing: Four Questions to Ask Your Vendor
More...
Recent Publications
IT, Internet and Outsourcing Bulletin
Federal Circuit Vacates Lucent Damages Award and Provides Guidance for Reasonable Royalty Analysis
Events
Hey, You, Get on to My Cloud: Issues Facing Vendors and Clients in Cloud Computing
White & Case Invites You to Attend a Breakfast Briefing