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Emily Bass

Emily Bass’s Legal Cases

15 total


  • Tasini v. The New York Times et al.

    Practice Area:
    Intellectual Property
    Date:
    Mar 20, 2010
    Outcome:
    Successful
    Description:
    Tasini v. The New York Times et al. was the first digital copyright case decided by the United States Supreme Court. The case involved the question of whether articles written by freelance writers could be copied and incorporated into on-line databases and CD-ROMS without the freelance authors' permission. The freelance writers claimed that such activities constituted copyright infringement. The defendants - including newspaper and magazine publishers and database producers - claimed that they had a statutory privilege to use the works. All they were doing, the defendants argued, was reproducing their print collective works in digital format. The District Court ruled in defendants' favor on the issue. The Second Circuit reversed, and the United States Supreme Court, like the US Court of Appeals, ruled in the freelance writers' favor. Several class actions piggybacked on this decision and continue to this day. In March of this year, the US Supreme Court confirmed my view that a federal court has subject matter jurisdiction over copyright infringement claims even if they concern "unregistered" works.
  • Construction Accident Case With Far-Reaching Implications

    Practice Area:
    Commercial
    Outcome:
    Successful
    Description:
    Won unanimous decision of the highest court of the State of New York, i.e., the New York Court of Appeals, on an issue of national jurisprudential significance. Established principle that a plaintiff and his or her lawyer have the right to speak with the employees of a corporate defendant, so long as they are not the corporation's alter egos. The decision is cited to this day.
  • RICO and Other Commercial Claims On Behalf of Overseas Airline

    Practice Area:
    International Law
    Date:
    Jan 01, 1996
    Outcome:
    Successful
    Description:
    Successfully represented a foreign airline in a series of cases in several jurisdictions over a period of five years in complex commercial litigation. Case involved complex issues concerning RICO, standing, and the Foreign Sovereign Immunities Act. Obtained 8-figure judgment and multi-million dollar settlement on client's behalf.
  • Litigation Involving Foundation And Estate

    Practice Area:
    Litigation
    Date:
    Jan 01, 2004
    Outcome:
    Successful
    Description:
    Successfully represented an officer, member and director of a major Foundation over a 5 year period against allegations by the New York State Attorney General's Office and Internal Revenue Service that she had engaged in unlawful 'self-dealing' and otherwise violated her fiduciary duty to the Foundation. Director absolved of charges, and proposed assessments and damage claims in the approximate amount of $ 35 million dismissed. Successfully represented same client in several other forums.
  • Defended Company Against Patent Infringement Claims

    Practice Area:
    Patent Infringement
    Outcome:
    Successful
    Description:
    Successfully represented West Coast company that sells line guides for fishing poles against multi-million dollar claim that company engaged in patent infringement.
  • Trademark Infringement Cases

    Practice Area:
    Trademark Infringement
    Date:
    Jan 01, 2007
    Outcome:
    Successful
    Description:
    Successfully represented major company with over 1,600 offices nation-wide in a series of cases against companies infringing their trademarks and trade dress; permanent injunction obtained.
  • Litigation Involving The Enforceability of Arbitration Decisions

    Practice Area:
    Commercial
    Outcome:
    Successful
    Description:
    Successfully represented a group of thirty-four individuals and distributorships in complex third-party litigation, helping to negotiate an end to fourteen years of litigation among all parties in the main and third-party actions.
  • Breach of Fiduciary Duty Claims

    Practice Area:
    Commercial
    Outcome:
    Successful
    Description:
    Successfully represented real estate cooperative and approximately fifteen defendants in multi-million dollar litigations in federal and state courts against claims of self-dealing, breach of fiduciary duty and discrimination.
  • State Statute Declared To Be Unconstitutional

    Practice Area:
    Constitutional
    Outcome:
    Successful
    Description:
    Responsible for successful challenge under United States Constitution to Minnesota Criminal Syndicalism Statute, and for dismissal of felony charges against labor leaders asserted under statute.
  • Complex Issues Regarding Federal-State Relations

    Practice Area:
    Constitutional
    Outcome:
    Ultimately Successful
    Description:
    Received the support of 38 out of 50 states of the United States in connection with a Petition I presented to the United States Supreme Court on behalf of employees concerning the interplay between basic employer severance policies and ERISA preemption. Supreme Court ultimately adopted position espoused by petitioners.