345 Park Avenue
New York, NY 10154

212.407.4852

212.937.3683

Christian D. Carbone
Partner and Deputy Co-Chair, Litigation

Chris Carbone has a diverse national litigation practice with an emphasis on complex commercial matters. A seasoned trial attorney, he has prosecuted and defended numerous high-stakes cases in both state and federal courts, as well as arbitration tribunals, throughout the United States. Mr. Carbone’s clients range from entertainment and media companies to real estate developers, talent agencies, private equity firms, hedge funds, and other major financial institutions.

With particular expertise with advertising and marketing matters, Mr. Carbone has extensive experience litigating claims of false advertising, deceptive or misleading trade practices, as well as unfair competition, defamation, copyright, right of publicity and other intellectual property disputes. Mr. Carbone’s business litigation experience is diverse and includes handling multi-million dollar disputes arising out of mergers, acquisitions, commercial real estate and asset sales, including cases involving financial misrepresentations, fraud and restrictive covenants.

Mr. Carbone is committed to working with non-profit entities in the arts community on a pro bono basis. His significant efforts in this area include representation of the New York City-based organization, Music Kitchen, which brings nationally-renowned musicians together to share the power of music with the city’s homeless. In addition to his work in the arts community, Mr. Carbone has also been active in protecting the rights of children in foster care, where he was successful in representing a state-wide class of neglected foster children against the State of Mississippi in a case that brought sweeping reforms to the State's child welfare system.

Representative Experience

Secured historic $5 million settlement for filmmaker Woody Allen in his right-to-privacy lawsuit against American Apparel, Inc., for misuse of his image. The settlement was the largest amount paid in the history of the New York statute (Woody Allen v. American Apparel, Inc.). Also represented Woody Allen in his lawsuit and trial against Mr. Allen's former producers, recovering unpaid profit participations from eight films, as well as securing contempt finding and attorneys' fees.
Representation of Turner Broadcasting System and major magazine publishers in right of publicity action by Yogi Berra arising out of an advertising campaign for the television program "Sex and the City."
Represented Pfizer, maker of Listerine, in a false advertising and unfair competition case against a major competitor in the mouthwash category. Just prior to plaintiff's filing of a preliminary injunction motion, the case was settled favorably.
Represented Comcast in a number of false advertising and related litigations against competitors, including AT&T, DIRECTV and Qwest.
Represented owners and tenants of commercial real estate in disputes arising out of long-term ground leases, sub-leasing, capital improvements and related matters including Yellowstone Injunctions.
Represented private equity funds in disputes arising out of the acquisition or sale of businesses ranging from furniture manufacturers, juice products, medical devices and direct marketing.
Represented defrauded investors in litigation arising out of Ponzi schemes.
Represented major financial institutions in corporate raiding, trade secret and restrictive covenant litigation.

Publications/Speeches

Speaker, Literary Rights and More, Mid-South Intellectual Property Institute Conference, University, Mississippi (February 22, 2013)
Speaker, Loeb & Loeb IP/Entertainment Law Conference, Los Angeles, California (October 2, 2012)
Speaker, IP and Entertainment Litigation and Advanced Media and Technology Free CLE Webinar: Developing Trends in the Right of Publicity (April 1, 2010)
Speaker, Information Management And eDiscovery Free CLE Webinar: Assessing the Impact of the Pension Committee v. Bank of America decision on Your Company's eDiscovery Practices and Obligations (March 17, 2010)

Media Mentions

Tools to Increase Your Productivity By Alex Vorro, InsideCounsel
For $5 Million, Woody Allen Agrees to Drop Lawsuit By C.J. Hughes, The New York Times
Settlement Reached in Mississippi Child Welfare Suit Staff Writer, The Clarion-Ledger

Affiliations

Member and Regular Performer, Westchester Symphonic Winds and the Lawyers’ Orchestra

Distinctions

Named "New York Rising Star" in Business Litigation by Thomson Reuters (2011)

Named in The Legal 500 US in Media, Technology and Telecoms: Marketing and Advertising, published by Legalease Limited and John Pritchard (2010 edition)

Benjamin N. Cardozo School of Law, Yeshiva University, J.D., 1996, magna cum laude

Eastman School of Music, University of Rochester, B.M., 1993,

Recipient, Performer's Certificate

New York

U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. Court of Appeals, Second Circuit

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