Fabien M. Thayamballi

Fabien is an experienced litigator who focuses on appeals, complex commercial and intellectual property litigation, and white-collar criminal and regulatory defense.  He has represented institutional and individual clients across the country in a diverse range of matters, including cases 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, 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

Key Trials And Appeals

• 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 New York 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.
• 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.
• Co-authored briefs in Second Circuit and U.S. Supreme Court appeals from wire-fraud prosecution, resulting in vacatur and remand from U.S. Supreme Court.
• Part of trial team that defended neuroscientist in arbitration proceeding brought by former employer, a biotechnology company. The arbitrator rejected all claims that our client had misappropriated trade secrets or other confidential information.

Business Litigation

• Obtained preliminary injunctions for corporate clients in the healthcare and apparel industries to halt the theft of confidential business information.
• Defended pharmaceutical and financial research companies in federal trade-secret actions, co-authoring motions to dismiss and for summary judgment that resulted in favorable decisions.
• Part of trial team that defended executive in preliminary injunction hearing over non-competition covenant, which resulted in denial of preliminary injunction.
• Represented major entertainment company in multi-jurisdictional trademark and copyright infringement litigation against mobile app developer, which resulted in summary judgment and consent judgment in client’s favor.
• Prosecuted and defended breach of contract actions in various courts across the country on behalf of major entertainment companies, which were successfully resolved.
• Successfully resolved consumer lawsuits alleging violations of California Invasion of Privacy Act (CIPA) based on features of corporate client’s website.
• Successfully resolved commercial dispute involving contractual and statutory claims on behalf of foreign manufacturer of agricultural equipment.
• Won order compelling arbitration of pre-suit discovery request in potential negligence and product liability action, after which plaintiff dropped the matter.
• 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.
• Represent individual defendant in multi-district antitrust litigation involving the pharmaceutical industry, including class actions and state enforcement actions.
• 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.

White-collar Defense

• Part of trial team that persuaded government to dismiss indictment with prejudice in federal antitrust prosecution.
• Part of trial teams that represented defendants in federal criminal jury trials.

Professional Activities and Honors

• Authored article on “State Law Challenges in Enforcing Arbitration Clauses,” which was published in Law360 (July 14, 2025).
• Gave presentation on “Non-Compete Litigation: Essentials and Recent Developments” for the Federal Bar Council (July 10, 2025).
• Recognized by Super Lawyers as a “Rising Star” in the New York Metro area (2021-2022).
• Member, Federal Courts Committee of the New York City Bar Association (2018-2021).
• Secretary, Copyright & Literary Property Committee of the New York City Bar Association (2016-2019).