John A. Basinger

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  • Secured dismissal of all claims by competitor in a complex trademark, unfair competition and UCC negotiable instruments case in the Southern District of New York.
  • Won precedent-setting decision in the Southern District of New York concerning the scope of pre-judgment asset freeze authorized under the Lanham Act, reducing restraint of e-commerce company's assets from $2 million to $20,000. The Second Circuit ruled that plaintiff failed to show that it was likely to succeed on the merits in its application for stay.
  • As pro bono Counsel of Record, led U.S. Supreme Court briefing for amicus curiae client in seeking dismissal of certiorari based upon Article III justiciability, standing and mootness concerns. The Supreme Court ultimately dismissed certiorari on the mootness grounds argued in the amicus brief.
  • Lead trial counsel for agency of sovereign entity in breach of contract case involving valuation of closely-held bank in the Southern District of New York and briefed appellate issues, leading the U.S. Court of Appeals for the Second Circuit to reverse the trial court's decisions against client and order that the trial court enter judgment in its favor.
  • Won a defense award on behalf of a sovereign entity in an International Centre for Dispute Resolution arbitration. Represented the entity in related federal and New York state court proceedings, including successfully arguing to the Second Circuit to uphold the award and district court confirmation on appeal.
  • Obtained bench trial verdict in favor of European client and its U.S. subsidiary in federal court litigation regarding termination of software distributorship for South America. Pushed the matter from filing through removal to federal court, e-discovery and trial in less than five months. The Second Circuit affirmed the verdict.
  • Represented a trademark licensee in parallel litigation in federal courts in New York and California in a dispute concerning use of likenesses in promotional campaign. The case was resolved early and favorably.
  • Represented an Asian manufacturer in related trademark, licensing, theft of trade secrets and patent matters before federal and state courts in New York and in ICDR arbitration.
  • Advised several creditors of Bernard L. Madoff Investment Securities, LLC.
  • Represented a professional service firm in fee dispute matters in Southern District of New York bankruptcy court proceedings.
  • Advised an Asian financial services company in negotiating termination of trademark licensing and marketing agreements. Termination was achieved on good terms and without litigation.
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