Fabien M. Thayamballi

Fabien is an experienced litigator who focuses on appeals, complex commercial and intellectual property litigation, white-collar criminal defense, and regulatory investigations. He has represented institutional and individual clients in a diverse range of matters involving alleged breaches of contract and fiduciary duty; misappropriation of trade secrets; infringement of copyrights, trademarks, and rights of publicity; and violations of antitrust, privacy, consumer protection, fraud, corruption, government ethics, racketeering, and civil rights laws. The 2021 and 2022 issues of Super Lawyers named Fabien to its “Rising Star” list for the New York Metro area.

Prior to joining the firm, Fabien clerked for two federal judges and worked at a leading international law firm.

Representative Matters

• Won acquittal on all counts, as sole counsel for client, in five-defendant criminal jury trial concerning allegations of fraudulent Medicaid claims.
• Won appeal in the U.S. Court of Appeals for the First Circuit affirming dismissal of putative class action against healthcare company and compelling arbitration.
• Won appeal in the Appellate Division’s First Department reversing dismissal of apparel company’s claims in trade-secret misappropriation case.
• Won appeal in the U.S. Court of Appeals for the Second Circuit reversing dismissal of civil rights claims and remanding with instructions to enter summary judgment for our client.
• Obtained preliminary injunctions for corporate clients in cases involving the theft of confidential business information.
• Co-authored briefs in Second Circuit appeal of former New York Senate majority leader Dean Skelos, resulting in vacatur of all counts and remand for new trial.
• Part of trial team that defended neuroscientist in arbitration proceeding brought by former employer.  The arbitrator rejected all claims that our client had misappropriated trade secrets or other confidential information.
• Part of trial team that defended executive in preliminary injunction hearing over non-competition covenant, which resulted in denial of preliminary injunction.
• Prosecuted and defended breach of contract actions in various courts across the country on behalf of major entertainment companies, which were successfully resolved.
• Lead associate in multi-jurisdictional trademark and copyright infringement litigation by major entertainment company against mobile app developer, which resulted in summary judgment and consent judgment in client’s favor.
• Co-authored merits amicus brief for several technology companies in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, a Supreme Court challenge to the constitutionality of inter partes review of patents.
• Co-authored cert-stage amicus brief for the RIAA in Universal Music Corp. v. Stephanie Lenz, which involved issues of standing and liability under the DMCA’s notice-and-takedown procedure.
• Represented member of the media who intervened in libel suit to oppose sealing of court filings.  Successfully quashed corporate plaintiff’s several attempts to depose client.
• Part of several trial teams representing individual defendants in federal criminal prosecutions.