White & Case
 
Daren M. Orzechowski
Partner
New York

T: + 1 212 819 8704
F: + 1 212 354 8113
E:
Practice Experience
Daren 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 enforcement and licensing and has appeared before courts and tribunals throughout the United States. In addition to multinational corporate clients, Daren works with entrepreneurs and start-up companies and is a partner in White & Case's Emerging Companies practice.

Sourcing and Technology Transactions and Disputes
Daren has represented both institutional and start-up clients with respect to data privacy and transactions involving the acquisition, development, transfer and licensing of intellectual property, information technology, software, hardware, data and other content. These include outsourcing arrangements, financings, mergers and acquisitions, joint ventures and day-to-day operational matters and, when necessary, litigation.

Representations include:
  • Numerous investment banks and financial institutions in connection with the licensing and development of software, data processing arrangements, and IT outsourcing/cloud computing-based relationships,
  • Various clients in connection with cloud computing-based solutions and platforms,
  • Various clients in connection with data privacy and security matters,
  • salesforce.com in connection with a strategic alliance with Dun & Bradstreet concerning data and the launch of Data.com,
  • DensBits, a start-up company specializing in certain flash memory technology, in connection with a strategic license agreement with Seagate concerning the development of low cost, high performance solid state drives,
  • Wellpoint, Inc. in connection with the sale of its Pharmacy Benefits Management business to Express Scripts, Inc., in particular various outsourcings, software, hardware, data and privacy issues,
  • 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,
  • A financial institution in connection with the licensing of certain mobile banking platforms and technology,
  • 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,
  • Syngenta in an agreement with Dow AgroSciences for the exclusive supply and distribution of Dow AgroSciences crop protection products in the Commonwealth of Independent States (CIS) region,
  • EchoStar in connection with its spin-off of certain technology and infrastructure assets relating to satellites and set-top boxes, and separating such business from its DISH Network consumer pay-TV business,
  • Sitel, formerly ClientLogic, in a litigation concerning a disputed outsourcing agreement involving software support services,
  • ARM Limited in a litigation asserting seven US patents against a clone chip maker as well as claims of false advertising and unfair competition,
  • 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
Daren represents clients in connection with a variety of trademark and right of publicity-related matters, including those which are specific to the fashion, sports and entertainment industries. He counsels clients with regard to trademark enforcement matters and licensing, both in the traditional sense and in connection with complex international joint ventures and corporate transactions.

Representations in these areas include:
  • BBVA Group in connection with a multiyear marketing partnership with the National Basketball Association (NBA),
  • Iconix Brand Group, Inc. in connection with various matters, including a transaction involving the creation of a Material Girl branded line of clothing with Madonna and the creation of a joint venture with a Hong Kong-based company to expand Iconix’s business in Asia,
  • An investor group in connection with the expansion of a major US sports league into a foreign market and the related licensing of the league's intellectual property, most significantly, its trademarks,
  • 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,
  • 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,
  • Perfumania in a trademark infringement litigation against a competing fragrance business,
  • Pop star Michael Jackson in a multimillion-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
International Bar Association
International Trademark Association

Awards and Recognition
IAM Licensing 250
IAM Patent 1000: The World's Leading Patent Practitioners 2012


Publications
Co-author, "Curtailing the Collection Of Geolocation Info," Law360, October 17, 2011 (with Allison M. Dodd and Imtiaz Yakub)
Co-author, "The Importance Of Good Drafting In Software Licenses," Law360, December 9, 2010 (with Andrew Dylan)
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

Daren is also a frequent poster to White & Case's Technology Newsflash blog on topics concerning information technology, privacy and outsourcing.

Speaking Engagements
"Software as a Service Contract," at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "Deal or No Deal 2011: Digging Deep in the Box," November 16, 2011
Panel moderator, "Do I Have a Deal for You (a mock negotiation of indemnification and other risk related provisions)," at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "Deal or No Deal: Advanced Contracts in a Box," November 12, 2010
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
"Distinguishing the Cloud from the Fog: A Practical Legal Approach" at the East Coast CIO Forum, May 17, 2010
"Hey, You, Get on to My Cloud: Issues Facing Vendors and Clients in Cloud Computing" at White & Case Palo Alto Breakfast Briefing, October 1, 2009, and New York Breakfast Briefing, December 10, 2009
Panel moderator, "Sports Merchandising and Memorabilia," at Fordham Law School's 12th Annual Sports Law Symposium, April 11, 2008

Languages
English

Citizenship
United States