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Firm Files Amicus Brief in the United States Supreme Court on Behalf of Authors

By on Feb 9, 2016 |

On February 1, HMS attorneys Gloria Phares and Chris Strong filed an amicus brief in the United States Supreme Court supporting the Authors Guild’s petition for a writ of certiorari in its case against Google over the use of copyrighted works in the Google Books Library Project, The Authors Guild v. Google, Inc., 15-849. The brief was filed on behalf of Malcom Gladwell, J.M. Coetzee, Stephen Sondheim, Tony Kushner, and thirteen other authors and dramatists from the United States, Canada, Australia and the United Kingdom. The amici take the position that the mass digitization and distribution of millions of copyrighted works by Google requires review by the Supreme Court, because recent decisions have placed an undue emphasis on whether a use is “transformative” at the expense of other fair use factors; courts are failing to consider, in fair-use cases, the Court’s 2006 decision in eBay v. MercExchange, which changed the injunction standard in patent and copyright cases; and neither the Congress that passed the 1976 Copyright Act nor the Supreme Court that decided the last (1994) fair-use case was aware of the Internet and its potential for immediate duplication and distribution of copyrighted works. The brief is available here, and an article from The Guardian discussing the brief is available...

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HMS Victorious at the Federal Circuit

By on Jul 2, 2015 |

On June 18, 2015, Hoffmann Marshall Strong obtained a significant victory for Colorado Altitude Training and its former executive Larry Kutt when the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s grant of judgment as a matter of law following two jury trials on patent claims first asserted by Hypoxico, Inc in 2002....

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HMS Attorney Honors

By on Feb 3, 2015 |

HMS was recently recognized in the U.S. News & World Report – Best Lawyers “Best Law Firms” annual rankings of the country’s leading law firms. The firm was ranked in Tier 2 in New York City and Tier 3 nationally for appellate practice. In addition, Gloria Phares was recognized individually for appellate practice. All firm attorneys also were recognized in Super Lawyers for 2014. Gloria Phares was recognized in the field of intellectual property, and Charlie Hoffmann, Sean Marshall and Chris Strong were recognized as Rising Stars in intellectual...

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HMS Attorneys Win Defense Verdict in Media Case

By on Aug 20, 2014 |

After years of hard fought litigation by Firm attorneys Gloria Phares and Christopher Strong, concluding in a two week bench trial, a judge in New York has ruled in favor of our client, a television production company, dismissing all remaining breach of contract claims made by the song writer of the music for several animated TV shows of the 1980s, including Transformers. Final judgment was entered in favor of our client after the Court found that the Plaintiff failed to show that any provision of the governing work-for-hire agreement was breached. To read the decision in the case, click...

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Chris Strong Receives President’s Pro Bono Service Award From the NYSBA

By on May 2, 2014 |

On April 30, Chris Strong of Hoffmann Marshall Strong received the President’s Pro Bono Service Award from the New York State Bar Association in Albany. The award honors significant pro bono achievements by attorneys from each of New York’s thirteen judicial districts. Chris was recognized for his commitment to helping low-income New Yorkers who have been wrongly listed on the State Central Register of Child Abuse and Maltreatment. Partnering with attorneys from Legal Services NYC-Bronx and Patterson Belknap Webb and Tyler, Chris helped to develop and implement a program that provides legal assistance to people seeking to amend or expunge their records from the State Central Register, allowing these individuals to pursue their careers and care for their families. A press release announcing the award is available...

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Firm Files Amicus Brief on Behalf of Authors in The Authors Guild v. Google

By on Apr 15, 2014 |

On April 14, HMS attorneys Gloria Phares and Chris Strong filed an amicus brief in the Second Circuit supporting the Authors Guild in its hotly contested case against Google over the use of copyrighted works in the Google Books Library Project, The Authors Guild v. Google, Inc., 13-4829-cv. The brief was filed on behalf of a diverse group of seventeen authors, including Pulitzer Prize winning nonfiction writers, Booker Prize winning novelists, and a Nobel laureate. The amici take the position that Google’s decision to copy tens of millions of books is not a fair use, and that the district court’s decision stretched this doctrine far beyond its limits. The brief, filed on behalf of Malcom Gladwell, J.M. Coetzee, Michael Pollan, Margaret Atwood and thirteen other authors is available...

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