International Clients
  • Gerhard Lehmann (Inventor-Germany)
  • Film und Video AG (Germany)
  • Medien Patent Verwaltung AG (Switzerland)
U.S. Clients
  • Alex and Ani, LLC
  • Archer I.T.
  • Artie Googy and Bobby Steele (former members of The Misfits)
  • Arthur Harris (Inventor)
  • Baby Bean Productions, LLC
  • Beyond Comics Inc. 
  • CapeBio LLC
  • Cinerama, Inc.
  • CombiMab Inc.
  • De La Vega (Artist)
  • Gamma Millennium Technologies
  • Farmland Fresh Dairies, LLC
  • Farlex Inc.
  • FreeDictionary.com
  • Individual victims of discrimination
  • Johnson Trust
  • HA International
  • Khona Brothers Coffee
  • Dr. Peter Lu
  • MAG (artist)
  • New Majority Holdings
  • Dr. David M. Podell (inventor)
  • ProBatter LLC
  • Wagmen Trust
  • Yesh Music, LLC

 

 
 

 

GF is not taking clients new clients at this time, so we can give the time and attention our current clients demand. Excellent legal work requires time and dedication, and our clients deserve nothing less than the best GF can offer.

 

Recent News
  • GF will file a matter to enforce a settlement agreement against Guvera USA Inc.  Guvera USA Inc. is one of ten cases filed against internet music streaming companies based on the their failure to serve "Notices of Intent for a Compulsory License" pursuant to Section 115 of the Copyright Act as well as their failure to properly pay royalties.  Guvera USA Inc., however, will likely attempt to discharge their obligations in a Chapter 7 Bankruptcy filing

  • GF has filed the fist transgender discrimination case under the New York State law.  The Commission on Human Rights called it the most significant transgender discrimination ever filed in the Second Circuit. 

  • GF has settled lawsuits against numerous internet streaming websites.  Rhapsody, Deezer, RDIO, Microsoft, and Slacker have been resolved.  Class actions against Google, Guerva, and Tidal have been filed.

  • After GF forced Farmers Choice, LLC to change its labels and discontinue use of its trade name, GF was forced to serve five cease and desist letters and seek an injunction to force Farmers Choice to comply with the settlement agreement.  Farmers Choice was forced to comply leaving only the damages hearing at issue.

  • Some recent cases of interest argued by Richard Garbarini.

    Santiago v. Saunders, 2015 WL 4454782 (S.D.Fla., July 20, 2015) – denying Plaintiff’s right to be heard, which is now on appeal to the 11th Circuit.

    Probatter Sports, LLC v. Sports Tutor, Inc., 2015 WL 4390055, (D.Conn., July 15, 2015) – culmination of eleven years of litigation finding our client’s patent was infringed as a matter of law.

    Johnson v. Gross, 611 Fed.Appx. 544 (11th Cir. 2015) – this was the culmination of three victories in the 11th Circuit.  Jerome Froelich, Esq. represented Mitchell Gross and vowed he would never turn over emails.  11th Circuit found work-product did not apply, and then denied an en banc application.  Jerome Froelich turned the emails over days after the decision

    Probatter Sports, LLC v. Sports Tutor, Inc., 2014 WL 1315991 (D.Conn., Mar. 31, 2014) – claim construction opinion.

    Yesh Music v. Lakewood Church, 727 F.3d 356 (5th Cir.2013) – frequently cited case in which the Court upheld our clients’ right to seek to vacate a prior dismissal.  Matter settled after the victory 11th Circuit.

    R & L Merchandizing v. Alex and Ani, LLC, 2013 WL 2434988 (June 4, 2013 M.D.Te) – Denying motion to transfer.

    New Majority Holdings, LLC v. Ghaida, 2012 WL 4741950 (S.D.N.Y. Oct.3, 2012) – Allowing amendment of pleadings..

    Alex & Ani, Inc. v. MOA Int'l Corp., 2011 WL 6413612 (S.D.N.Y. Dec. 21, 2011). - Where an executive has submitted an affidavit disclaiming unique personal knowledge, it is often appropriate to defer live depositions of that executive unless and until the examining party can demonstrate otherwise.”

     

  • Jerome Froelich, Esq., Atlanta criminal attorney, vowed in a newspaper article he would go to jail before he turned over client emails.  As expected, after Mr. Froelich lost his appeal and petition for en banc review, he turned over all emails to GF in record time.

  • Garbarini FitzGerald has moved into our new offices at 250 Park Avenue, 7th Floor, New York, NY 10177.

  • Our partner and dear friend Thomas "TJ" FitzGerald is now at Yale, we wish him well, and miss him dearly.

  • The Federal Bar Council recently appointed Richard Garbarini as a member of its Second Circuit Committee. 

  • In am amazing case of abuse, GF has filed a lawsuit against Hemang Champaneria and six others for forcing their underage cashiers to distribute counterfeit bills out of their two Taco Bell franchise restaurants in Manhattan.  GF also alleges that the defendants forced their employees to get checking accounts and then made direct deposits of their pay without giving pay-stubs.  This allowed defendants to skim hours from each employee  every week. http://nypost.com/2014/08/23/taco-bell-forced-workers-to-give-out-bogus-money-suit/

  • GF has filed two class action and collective actions against Papa John's franchisees alleging, among other things, the failure to pay minimum and overtime wages.  GF is also challenging Papa John's policy of retaining a delivery service change, and not turning that gratuity over to the delivery workers.  See New York Post article found at http://nypost.com/2013/10/18/lawsuits-claim-papa-johns-takes-tips-from-deliverymen/  

    GF is pleased to announce that a confidential settlement has been reached in the matter Synergy Advanced Pharmaceuticals v. CapeBio and Combimab.  After four years of litigation and victories in both federal and state court, the HIGHLY favorable settlement to GF's clients came on the literal eve of trial.

    After successfully opposing en banc review to the Fifth Circuit Court of Appeals, a confidential settlement was reached in Yesh Music, LLC v. Lakewood Church, Joel Osteen and Victoria Osteen, 11-cv-03095 (S.D.Tx., Ho. Div.).

    Read the prior Osteen Fifth Circuit Opinion at http://www.ca5.uscourts.gov/opinions/pub/12/12-20520-CV0.wpd.pdf/

  • Decision of the Day: Carandang v. Shapiro, NYLJ, May 13, 2013.  In an apparent issue of first impression, Judge Crotty, in a wage and hour case, found false criminal charges are sufficiently extreme and outrageous to justify allegations of negligent and intentional infliction of emotional distress.  The former employee was arrested and his house searched allegedly in response to the filing of an FLSA case http://www.newyorkla.wjournal.com/CaseDecisionNY.jsp?id=1202599417220

  • In a major victory against Joel Osteen and the Lakewood Church, Richard Garbarini prevailed at the Fifth Circuit Court of Appeals in Yesh LLC v. Osteen, 12-20520 (5th Cir.).  In an interview for Law 360 the Defendants/Appellants vowed to continue to fight.  Osteen has filed for en banc review by the Fifth Circuit Court of Appeals.  This matter involves the unauthorized use of a copyrighted musical composition by Lakewood Church and Joel and Victoria Osteen.  In a prior ruling, Lakewood Church was found not to have had a license for the copyrighted work.

  • Keeping an unbeaten appellate record going, Richard Garbarini prevailed in the 11th Circuit in Froelich v. Johnson, 12-11902 (11th Cir.).  This matter involved the refusal of Jerome Froelich of McKenney & Froelich in Atlanta to turn over documents relating to convicted felon Mitchell Gross.  This matter appeared as a featured article in the Atlanta Law Journal

  • The Bullshead Class action has been settled, and we are now in the claims processing stage.  This was a class action brought against the City of New York for its failures related to Hurricane Irene. 

  • GF filed the very first case of 2013 in the United States Court for the Southern District of New York on behalf of a class of non-seasonal employees at the Casa Lever restaurant. Plaintiff alleges Casa Lever, the fine dinging Park Avenue restaurant, improperly split tips with non-tipped employees and took the seasonal workers' tips, distributing them to the non-seasonal staff.

  • GF successfully prosecuted six design patents for cutting edge jewelry, shepherding them through the USPTO and responding to an Office Action in a record four months.     
  • Our firm prides itself on taking complex cases that serve the interests of justice. The complexity of the cases and the novel approach we take frequently generate reported decisions and new precedent. Here are just a few sample of decisions from 2011:

    Synergy Advanced Pharms., Inc. v. CapeBio, LLC, 797 F. Supp. 2d 276 (S.D.N.Y.)(Patent infringement)(Issue of first impression granting the dismissal of two parties to preserve diversity on the eve of trial);

    Badella v. Deniro Mktg. LLC, 2011 U.S. Dist. LEXIS 128145 (N.D. Ca.)(Civil RICO)(order on certification of nationwide class);

    Alex & Ani, Inc. v. MOA Int'l Corp., 2011 U.S. Dist. LEXIS 146581 (S.D.N.Y)(patent infringement)(compelling compliance with a subpoena);

    Yesh Music v. Lakewood Church, 2012 U.S. Dist. LEXIS 19030 (S.D. Tex.) (denying motion to dismiss and finding license was not in effect);

    Abbey v. Euro Taxi, LLC, 2011 U.S. Dist. LEXIS 92398 (C.D. Ca.)(granting compensatory and punitive damages, attorneys’ fees and cost in FLSA matter);

    Medien Patent Verwaltung AG v. Warner Bros. Entm't, 749 F. Supp. 2d 188 (S.D.N.Y. 2011)(patent litigation)(order denying Defendant’s motion for forum non conveniens);

    Badella v. Deniro Mktg. LLC, 2011 U.S. Dist. LEXIS 6619 (Civil RICO)(order denying Defendant’s motion to dismiss); and,

    Kaufhold v. Cyclopian Music, Inc., 2010 U.S. Dist. LEXIS 132252 (S.D.N.Y.)(Trademark Dispute)(Order transferring matter to New Jersey District Court).

  • A complaint has been filed by GF against Lakewood Church, the largest "church" in the United States alleging the infringement of our client's copyrighted musical work "Signaling Through the Flames" in Lakewood's weekly televised broadcast. 

  • In a complete victory in the Federal Court for the Central District of California, Richard Garbarini obtained back-pay, front-pay, liquidated damages and punitive damages in a matter brought under the Fair Labor Standards Act.

  • GLG is now Garbarini FitzGerald P.C. and has moved to the historic Graybar Building located at 420 Lexington Ave., Suite 2743, New York, New York 10170. 

  • The Yankees did not make it to the World Series, so there is no better time to file a suit alleging copyright infringement of our client Yesh Music's works.  The Yesh Works were used in various MLB Network programs. 

  • After two years of exhaustive research, tracking down dozens of accounts and aliases, as well as fake alter-ego companies, we are pleased to announce Mitchell Gross pka Mitchell Graham has been indicted in federal court, charged with 8 counts of fraud.   GLG has already filed one companion civil suit naming seven defendants who received stolen funds.http://www.usatoday.com/news/nation/story/2011-10-07/writer-indicted/50687542/1 also read http://www.ajc.com/news/marietta-author-accused-of-1201360.html

  • Thomas J. “T. J.” FitzGerald has joined GLG as a partner at the firm. His practice focuses primarily on intellectual property law. His litigation experience includes civil actions involving disputes over virtually every kind of intellectual property including patents, copyrights, trademarks, and trade dress rights. T. J. focuses on restaurateurs, recording and graphic artists, fashion designers, jewelry designers, toy designers, actors, models and inventors, among others.
    T. J. advises clients on every stage of the process of selecting, registering and enforcing trademarks, both domestically and abroad; from assisting clients in selecting marks free for use and registration to implementing and overseeing nationwide efforts in concert with Customs and Border Protection Agents to prevent importation of goods bearing counterfeit marks, T. J. provides a full range of trademark services to his clients.  T.J. has represented Pandora Jewelry, Payless ShoeSource, Hoffmann-La Roche and Genentech in transactional and trademark prosecution matters as well as large-scale trademark, copyright, and patent litigations throughout the United States.

  • GLG is starting a scholarship in the name of Charles Garbarini, Lt. FDNY, a good man and brother, who died on September 11, 2001.

  • Continuing a streak of never losing a single motion on the merits of a case, GLG defeated a motion for summary judgment seeking to invalidate our client's design patent.  The case, Alex and Ani v. MOA, 10-cv-4590 (S.D.N.Y.), required a dismantaling of the proferred prior art and a strategic game-plan initiated a year prior to the final determination of the motion.

  • After winning a motion to seize the defendants computers and hard-drives, GLG succesfully opposed a motion for a protective order resulting in the production of all communications between defendants and thier counsel.

  • Congratulations to PS/MS 108 winners of the 14th Thurgood Marshall Mock-Trial Competition.  Coached by Peter Parcher and Rchard Garbarini, the team rolled to the finals and won first place and best oralist in both the seventh and eighth grades, the first time the same school has taken home every award.

  • When it comes time for Bet The Company litigation, GLG is a go-to firm, taking over the litigation in the Federal Court for the Southern District of New York in Synergy Advanced Pharmaceuticals v. CapeBio LLC and Combimab, 10-cv-1376 (SAS).  After taking the case over for the defendants in a fight for over ownership of patents, GLG defeated a motion to remand filed weeks before trial on a novel theory to realign the parties. 

  • Plaintiff Robbie Johnson, after being defrauded in a fraudulent investment scam, entering into a settlement for $2.95 million with author and disbarred attorney Mitchell Gross p/k/a Mitchell Graham p/k/a Douglas Alan, 5th Ring Entertainment, The Merril Co.  and others.  A companion litigation has been filed in the Federal Court for the Northern District of Georgia against the alleged recipients of a portion of the stolen funds, including, Macmillan Publishing, TOR Publishing and the Golf Club of Georgia. 

  • GLG welcomes Allyn Ginns as a summer associate.  Ms. Ginns is a graduate of Barnard College at Columbia University and just completed her second year at Georgetown Law School. 

  • GLG has prevailed again, defeating two motions to dismiss a national RICO class action titled Badella et al. v. Deniro Marketing, Alan Henning et al.  This matter involves Amateurmatch.com and dozens of other websites and corporations around the world alleged to partcipate in a massive scheme to defraud users of adult-dating websites through, among many other things, the systematic use of admittedly fake user profiles.

  • World-renowned litigator Peter Parcher of Manatt Phelps and Richard Garbarini will team together to coach MS/PS 108 in the Thurgood Marshal Trial Advocacy Tournament. 

  • Continuing its lifetime unbeaten record, GLG successfully opposed the heavy favorites Warner Brothers and Technicolor's attempt to transfer a patent case to California.   In this case, GLG filed a patent infringement matter on behalf of its client Medien Patent Verwaltung AG (a Swiss corporation) against Warner Brothers, Technicolor and DeLuxe (all California corporations) in the Federal Court for the Southern District of New York.  Judge Miriam Cederbaum, Sr.U.S.D.Ct.J., found our client, even though a foreign corporation, had a bona fide interest in litigating in this forum and their choice of forum should not be disturbed. 

  • In one of the largest class actions ever filed against fraudulent dating websites, GLG filed Badella et al. v. Deniro Marketing et al., alleging violations of RICO and state consumer protection laws on behalf of our clients across the country against corporations and individuals in the U.S., Cyprus, the U.K. and Barbados.  

  • GLG is extremely pleased to announce that Dan Balsam has accepted a position as "Of Counsel".  Dan is a graduate of Harvard and UC Hastings School of Law.  Dan is a member of the California Bar, and lives and works in San Francisco.

  • GLG closes August filing two more collective and class actions on behalf of present and former workers of Flex Mussels, a popular Upper East Side eatery.

  • Defending our client's interests at land or sea, GLG filed an admiralty case involving damage to the commercial yacht S/Y Belle Mer in the Federal District Court for the Southern District of New York on behalf of our clients AJA, LLC and James Apteker against Lloyd's of London.

  • In a complete victory, GLG settled a matter brought on behalf of our client Cinerama, Inc. against American Eagle Outfitters in the Federal District Court for Rhode Island.

  • GLG closes June settling its first class action and filing numerous cases from a commercial dispute filed in the Federal District Court for Rhode Island to a patent suit filed in the Southern District of New York. 

  • Former members of the punk band the Misfits, through their attorneys at GLG, have sued a former band member, Jerry Only, and Cyclopean Records, for control of the Misfits trademark.  This will undoubtedly be a closely watched dispute in the entertainment industry. 

  • GLG has expanded, and in order to accommodate our growth we have moved to 501 5th Avenue. 

  • Once again, GLG is in the news, this time for a patent case filed on behalf of our Swiss client Medien Patent Verwaltung, A.G.   The suit alleges Warner Brothers pirated our client's anti-piracy technology, in use by Technicolor and DeLuxe.  A companion case was also filed in Germany, spreading our reach world-wide.

  • GLG finishes April on a strong note, settling three separate patent disputes and one trade-secret dispute for our client Alex and Ani LLC. 

  • On April 13, 2010, GLG continued its unblemished record of victories achieving a complete dismissal on behalf of its client Baby Bean Productions, LLC, in an action filed in the Central District of California titled Quicksilver, Inc. and DC Shoes, Inc. v. Baby Bean Productions, CV 10-0994 CAS (AJWx).

  • GLG is pleased to announce that Todd Stimmel, Esq. has joined the firm as Of Counsel and will be involved in all corporate matters. Todd is a graduate of Columbia University and received his Juris Doctor from Harvard Law School. Todd was previously associated with Cravath, Swaine & Moore and was a partner at O’Sullivan, Graev & Karabell (Acquired by O’Melveny & Myers) and was the President and General Counsel of Stage III Technologies, LLC, San Diego, CA, & New York, NY and NAPPCO - The National Abandoned Property Processing Corporation. Todd has a vast amount of experience in all corporate matters, including venture funding and private equity.

  • GLG class action in the New York Post

  • GLG class action in the Daily News

  • GLG class action n the Gothamist

  • GLG successfully negotiated the sale of the minority interest of shares in Videasa, LLC.

  • A class action was filed on March 15, 2010 against Arista Associates, Inc. d/b/a Patsy's Pizza.

Press Release