Attorneys
Cynthia S. Arato
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Partner
Cynthia is an experienced litigator with a practice focusing on intellectual property, media and entertainment, and commercial litigation. Cynthia has successfully represented major corporations and prominent individuals in copyright, trademark, defamation, right of publicity, false advertising, employment, contract, fraud, fiduciary duty, and royalty actions. Cynthia regularly advises clients on a wide range of intellectual property matters, including trademark and right of publicity issues related to advertisements and products. She was lead trial counsel for the Select Committee of Inquiry formed by the House of Representatives in Connecticut in connection with impeachment proceedings related to Governor John G. Rowland, winning a landmark ruling from that State’s highest court leading to the Governor’s resignation from office.
Before co-founding Shapiro Arato Bach LLP, Cynthia was a partner at Gibson, Dunn & Crutcher LLP and at other firms of national reputation, including the boutique litigation firm of Parcher, Hayes & Snyder.
Cynthia’s clients include leading entertainment, publishing, and media companies, major record companies, and artists and writers in the entertainment industry.
Representative Matters
- Won summary judgment and full affirmance on appeal for Melissa Jefferson pka Lizzo in breach of contract dispute regarding the artist’s right to retain a multi-million dollar payment for a concert that was cancelled due to COVID-19.
- Represented recording artist Lizzo in copyright litigation concerning the authorship of the #1 hit song “Truth Hurts.”
- Obtained summary judgment and consent judgment in trademark and copyright infringement case prohibiting game developer from promoting and distributing unauthorized mobile game of Sabacc, an element of the Star Wars franchise.
- Obtained early dismissal of trademark infringement and dilution claims asserted against a magazine that published a parody use of a famous mark.
- Won summary judgment, affirmed on appeal, for defendants in rare ruling that use of a 35-second sample in a sound recording by the artist Drake was a fair use.
- Represent large media company in COVID-19 related contract termination dispute against leading stock image agency.
- Represented start-up venture, founders, and investors in alleged partnership, trade secret, and idea misappropriation case involving an automated shot tracking device for golf. Obtained dismissal of all intellectual property claims and favorable settlement on remaining claims after discovery.
- Represented one of the largest independent record labels in the United States in commercial litigation regarding the right to share in royalty earnings related to the recording artist Drake.
- Won summary judgment for major record company dismissing breach of contract claim raising question of first impression regarding the statute of frauds and dismissing infringement claim regarding trademarked logo design. Obtained sanctions against plaintiff and his counsel for discovery abuses.
- Represented prominent recording artist in trademark litigation regarding artist’s catchphrase.
- Won rare ruling barring plaintiff from recovering monetary damages for alleged copyright infringement. The court rejected contrary rulings and held that even if plaintiff had a timely claim under the “discovery rule,” plaintiff was barred from obtaining a remedy for infringements occurring more than three years before suit was filed.
- Obtained dismissal with prejudice in case of first impression regarding the transfer of ownership and work-for-hire provisions of the U.S. Copyright Act in a ruling holding that a videotaped recording cannot satisfy the Act’s signed writing requirements.
- Represented foreign publishing societies and publishers in successfully objecting to proposed settlement in the well-known Google Books class action. The court specifically cited Shapiro Arato LLP’s objections in its ruling rejecting the proposed settlement.
- Secured rare dismissal with prejudice of infringement claim based on litigation abuses of plaintiff and plaintiff’s counsel. Won affirmance of dismissal on appeal.
- Represented major digital service providers and record labels in putative copyright infringement class action challenging exploitation of musical compositions contained in sound recordings being sold as digital downloads. Devised strategy leading plaintiffs to voluntarily dismiss the case. Obtained dismissal of related class action alleging non-payment of contractual royalties in a ruling that also barred plaintiff’s counsel from obtaining discovery to identify a new named plaintiff.
- Represented national not-for-profit in trademark dispute against competing not-for-profit using confusingly similar name. Successfully resolved the dispute pre-litigation in settlement that included, among other things, agreement by competing organization to cease use of confusingly similar name.
Professional Activities and Honors
- Ranked by Chambers in the Category of Media & Entertainment: Litigation – New York (2021-2022) (Recognized in 2017-2020).
- Named one of 2020 Notable Women in Law by Crain’s New York Business.
- Named one of the Top 100 Lawyers (2017-2022) and Top 50 Women (2017-2019) by New York Metro Super Lawyers guide.
- Awarded Best in Media & Entertainment in June 2017 by Euromoney Legal Media Group Americas Women in Business Law Awards.
- Named by Best Lawyers as Entertainment Law – Music Lawyer of the Year in New York City for 2015.
- Recognized by Best Lawyers in the specialty of Entertainment Law (2010-2023).
- Recognized by Super Lawyers in the specialty of Intellectual Property Litigation; Civil Litigation; Entertainment & Sports (2012-2023).
- Vice-Chair, Volunteer Lawyers for the Arts.
- Co-Chair of the New York State Bar Association Task Force on the Crisis in Local Journalism (2019).
- Chair, Copyright & Literary Property Committee of the New York City Bar Association (2016-2019).
- Member, Committee on Media Law of the New York State Bar Association.
- Co-authored White Paper on behalf of the News/Media Alliance regarding generative artificial intelligence, which was covered by The New York Times.
- Gave keynote address on Artificial Intelligence litigation at the Washington State Bar Association 29th Annual Intellectual Property Institute.
- Speaker at numerous continuing legal education events covering copyright, law practice management, and privilege issues.
Cynthia S. Arato
|
Partner
Cynthia is an experienced litigator with a practice focusing on intellectual property, media and entertainment, and commercial litigation. Cynthia has successfully represented major corporations and prominent individuals in copyright, trademark, defamation, right of publicity, false advertising, employment, contract, fraud, fiduciary duty, and royalty actions. Cynthia regularly advises clients on a wide range of intellectual property matters, including trademark and right of publicity issues related to advertisements and products. She was lead trial counsel for the Select Committee of Inquiry formed by the House of Representatives in Connecticut in connection with impeachment proceedings related to Governor John G. Rowland, winning a landmark ruling from that State’s highest court leading to the Governor’s resignation from office.
Before co-founding Shapiro Arato Bach LLP, Cynthia was a partner at Gibson, Dunn & Crutcher LLP and at other firms of national reputation, including the boutique litigation firm of Parcher, Hayes & Snyder.
Cynthia’s clients include leading entertainment, publishing, and media companies, major record companies, and artists and writers in the entertainment industry.
Representative Matters
- Won summary judgment and full affirmance on appeal for Melissa Jefferson pka Lizzo in breach of contract dispute regarding the artist’s right to retain a multi-million dollar payment for a concert that was cancelled due to COVID-19.
- Represented recording artist Lizzo in copyright litigation concerning the authorship of the #1 hit song “Truth Hurts.”
- Obtained summary judgment and consent judgment in trademark and copyright infringement case prohibiting game developer from promoting and distributing unauthorized mobile game of Sabacc, an element of the Star Wars franchise.
- Obtained early dismissal of trademark infringement and dilution claims asserted against a magazine that published a parody use of a famous mark.
- Won summary judgment, affirmed on appeal, for defendants in rare ruling that use of a 35-second sample in a sound recording by the artist Drake was a fair use.
- Represent large media company in COVID-19 related contract termination dispute against leading stock image agency.
- Represented start-up venture, founders, and investors in alleged partnership, trade secret, and idea misappropriation case involving an automated shot tracking device for golf. Obtained dismissal of all intellectual property claims and favorable settlement on remaining claims after discovery.
- Represented one of the largest independent record labels in the United States in commercial litigation regarding the right to share in royalty earnings related to the recording artist Drake.
- Won summary judgment for major record company dismissing breach of contract claim raising question of first impression regarding the statute of frauds and dismissing infringement claim regarding trademarked logo design. Obtained sanctions against plaintiff and his counsel for discovery abuses.
- Represented prominent recording artist in trademark litigation regarding artist’s catchphrase.
- Won rare ruling barring plaintiff from recovering monetary damages for alleged copyright infringement. The court rejected contrary rulings and held that even if plaintiff had a timely claim under the “discovery rule,” plaintiff was barred from obtaining a remedy for infringements occurring more than three years before suit was filed.
- Obtained dismissal with prejudice in case of first impression regarding the transfer of ownership and work-for-hire provisions of the U.S. Copyright Act in a ruling holding that a videotaped recording cannot satisfy the Act’s signed writing requirements.
- Represented foreign publishing societies and publishers in successfully objecting to proposed settlement in the well-known Google Books class action. The court specifically cited Shapiro Arato LLP’s objections in its ruling rejecting the proposed settlement.
- Secured rare dismissal with prejudice of infringement claim based on litigation abuses of plaintiff and plaintiff’s counsel. Won affirmance of dismissal on appeal.
- Represented major digital service providers and record labels in putative copyright infringement class action challenging exploitation of musical compositions contained in sound recordings being sold as digital downloads. Devised strategy leading plaintiffs to voluntarily dismiss the case. Obtained dismissal of related class action alleging non-payment of contractual royalties in a ruling that also barred plaintiff’s counsel from obtaining discovery to identify a new named plaintiff.
- Represented national not-for-profit in trademark dispute against competing not-for-profit using confusingly similar name. Successfully resolved the dispute pre-litigation in settlement that included, among other things, agreement by competing organization to cease use of confusingly similar name.
Professional Activities and Honors
- Ranked by Chambers in the Category of Media & Entertainment: Litigation – New York (2021-2022) (Recognized in 2017-2020).
- Named one of 2020 Notable Women in Law by Crain’s New York Business.
- Named one of the Top 100 Lawyers (2017-2022) and Top 50 Women (2017-2019) by New York Metro Super Lawyers guide.
- Awarded Best in Media & Entertainment in June 2017 by Euromoney Legal Media Group Americas Women in Business Law Awards.
- Named by Best Lawyers as Entertainment Law – Music Lawyer of the Year in New York City for 2015.
- Recognized by Best Lawyers in the specialty of Entertainment Law (2010-2023).
- Recognized by Super Lawyers in the specialty of Intellectual Property Litigation; Civil Litigation; Entertainment & Sports (2012-2023).
- Vice-Chair, Volunteer Lawyers for the Arts.
- Co-Chair of the New York State Bar Association Task Force on the Crisis in Local Journalism (2019).
- Chair, Copyright & Literary Property Committee of the New York City Bar Association (2016-2019).
- Member, Committee on Media Law of the New York State Bar Association.
- Co-authored White Paper on behalf of the News/Media Alliance regarding generative artificial intelligence, which was covered by The New York Times.
- Gave keynote address on Artificial Intelligence litigation at the Washington State Bar Association 29th Annual Intellectual Property Institute.
- Speaker at numerous continuing legal education events covering copyright, law practice management, and privilege issues.