faculty
Guillermo C. Jiménez
Professor
Fashion Institute of Technology
Guillermo C. Jimenez, co-editor of the book Fashion Law: a Guide for Designers, Fashion Executives and Attorneys, is an attorney as well as a full-time tenured Professor at the Fashion Institute of Technology.
Prof. Jimenez received his B.A. from Harvard and his J.D. from the University of California at Berkeley. He has over 25 years experience practicing and teaching in the field of international law and business, including 8 years as Division Head for International Commercial Practice at the International Chamber of Commerce, Paris Headquarters. He has published two books on international trade as well as articles in journals and periodicals such as the Unidroit Uniform Law Review, Documentary Credits Insight, and the International Herald Tribune. As an international policy expert, he has lectured in over 35 countries and collaborated with such intergovernmental organizations as the United Nations, World Trade Organization and European Commission.
Prof. Jimenez’s work on Fashion Law is an outgrowth of his role as the Fashion Institute of Technology’s lead instructor in international business law. His book on Fashion Law (co-authored with Barbara Kolsun, General Counsel of the Stuart Weitzman shoe company) was the first of its kind and has supported law courses and CLE’s programs across the country.
Most recently he published a series of articles on various aspects of Fashion Law in the Bright Ideas journal of the NY State Bar Association. On Fashion Law topics he has conducted seminars and CLE programs at Brooklyn Law School, Fordham Law School’s Institute of Fashion Law, Howard University Law School, New York Law School, the Phillips Nizer law firm, the Fulbright Jaworksi law firm, the World Intellectual Property Organization, and the NY State Bar Association Committee on Intellectual Property.
Barbara Kolsun
General Counsel
Stuart Weitzman LLC
Barbara Kolsun is Executive Vice President and General Counsel of Stuart Weitzman, LLC, a luxury shoe design, manufacturing and retail company based in New York. She started the company’s first in-house legal department and manages all legal matters for the company, including intellectual property. Prior to Stuart Weitzman, Ms. Kolsun served as Senior Vice President and General Counsel of Seven For All Mankind, LLC, a leading denim and apparel company, and of Kate Spade, LLC, the upscale handbag and lifestyle design house. She was Assistant General Counsel of WestPoint Stevens, Inc., the home textile company, and of Calvin Klein Jeanswear Co. Prior to her time working in-house, she practiced litigation for 12 years at various New York law firms, representing numerous intellectual property owners throughout the United States. She also clerked for the U.S. Court of Appeals, Second Circuit.
Ms. Kolsun conceived, co-edited, and co-authored the recently published “Fashion Law – A Guide for Designers, Fashion Executives, and Attorneys” (Fairchild Books), the first textbook on Fashion Law. Ms. Kolsun has devoted significant time and effort to the cause of enforcement of intellectual property, serving as Chairman of the Board of the International AntiCounterfeiting Coalition (IACC). She has also spoken and published widely on the topic of counterfeiting and trademark infringement in the United States, Asia, and Europe, and has been herself the subject of stories in numerous publications (ranging from The New York Times to Women’s Wear Daily) due to her pioneering work in the anticounterfeiting field.
Ms. Kolsun is an Adjunct Professor of Fashion Law at NYU and Benjamin N. Cardozo School of Law and was an Adjunct Professor at Fordham Law School from 1986-88 and 2011. She has taught and lectured at law schools, business schools and professional organizations around the country, including the University of Chicago Law School and Volunteer Lawyers for the Arts. In 2002 and 2004, Ms. Kolsun was a consultant on intellectual property in Vietnam as part of STAR-Vietnam, a USAID program.
She received her J.D. from Benjamin N. Cardozo School of Law in 1982 and her undergraduate degree from Sarah Lawrence College in 1971. Her experience as a professional singer and actress (1970-1979) continues to motivate her fierce efforts to protect artists’ and designers’ intellectual property rights.
Elena M. Paul
Executive Director
Volunteer Lawyers for the Arts
Elena M. Paul, Esq., is the Executive Director of Volunteer Lawyers for the Arts (VLA). In addition to being VLA’s Chief Executive Officer, Ms. Paul represents clients at VLA on a pro bono basis, acting as general counsel and a legal advisor to arts and cultural organizations and individual artists, specializing in nonprofit governance and corporate matters, strategic planning and risk-management, transactional work and intellectual property, and the management of legal matters placed with outside counsel. She also serves as business and development consultant for various cultural, entertainment and arts projects and productions with a focus on dance, film and fashion. In her tenure, VLA has enjoyed record growth, program improvement and expansion, and productivity. Ms. Paul conceives and develops many educational and other programs as well as teaching and presenting at national conferences and educational institutions, including American Society of Journalists and Authors, Julliard, The French Culinary Institute, South by Southwest Conference & Festivals (SXSW), The School of Visual Arts, Fashion Institute of Technology, The College Art Association, Lower Manhattan Cultural Council, the New Art Dealers Alliance’s Miami Art Fair, Tisch School of the Arts at New York University, Columbia Law School, Georgetown Law School, and Harvard Law School. Ms. Paul serves as an Adjunct Professor in the Producing and Documentary Programs at the New York Film Academy and taught at Fordham Law School in the Fashion Law Institute, John Jay College of Criminal Justice, Pratt Institute of Art & Design and Brooklyn Law School.
Prior to joining VLA, Ms. Paul was the Executive Director of Washington Area Lawyers for the Arts (WALA). Ms. Paul also represented clients at WALA, specializing in corporate and contract matters. She restructured WALA's client services into a clinical format and expanded the law student internship program to include client representation, legal research and writing opportunities. Before joining WALA, Ms. Paul acted as University Counsel in the Office of the President at the University of Maryland, College Park. In that position, Ms. Paul was responsible for the legal aspects of all of the University’s major transactions, contracts, construction, and real estate projects, including handling the largest procurement to date in the State of Maryland ($750 million). Prior to this position, Ms. Paul served as an attorney at two major national law firms in DC, Patton Boggs and Bryan Cave, where she practiced corporate and real estate law.
Ms. Paul grew up in Gainesville, Florida and graduated from the Gainesville Public High School. She received her Bachelor of Arts in Economics from Davidson College, phi beta kappa, and her Juris Doctor from Harvard Law School. Ms. Paul was a Wasserstein Public Interest Fellow at Harvard Law School. She is a legal and business advisor to many arts and cultural organizations as well as serving on the Board of Directors of The Friends of The French Culinary Institute, The Sculpture Center, Slow Lab and Ballet Next. She acts as a mentor for The John F. Kennedy Center for the Performing Arts in its Arts in Crisis Program and is a member of The Art Collection Advisory Committee for Davidson College and The Fashion Law Committee of the New York City Bar Association.
guest lecturers
Elise Bloom
Partner
Proskauer Rose LLP
Elise M. Bloom, is co-Chair of Proskauer’s Labor & Employment Law Department and co-head of the Class/Collective Actions Group. Widely recognized as one of the leading employment lawyers in the U.S., she regularly represents employers against individual and class actions brought under the federal and state anti-discrimination laws as well as against collective and class actions involving allegations of wage and hour violations under federal and state law. Possessing extensive pre-trial and jury trial experience, Elise represents and advises clients on a range of general employment issues, and has tried cases in federal and state courts involving allegations of sex, religion, race, age and disability discrimination, state law contract and tort claims as well as claims arising under the FLSA, FMLA and ERISA. She also has argued several appeals before federal circuit and state appellate courts and regularly represents clients in employment arbitrations. In addition to her litigation practice, she also conducts training programs for her clients on the full spectrum of employment issues as well as on diversity issues. Elise served as a Senior Editor of the CCH Journal of Employment Discrimination, a periodical devoted to the full range of employment discrimination issues. In 2010, she co-authored a chapter titled “Hiring Creativity – An Introduction to Employment Law Issues in Fashion” in the textbook Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys. Elise co-authored “Managing Employment Risks: New Rulings in Sexual Harassment,” published in the Western New England Law Review, and she authored a chapter titled “Harassment and Sexual Favoritism in the ‘Gay Nineties’” in Sexual Harassment in the Workplace: Proceedings of New York University 51st Annual Conference on Labor. In 2003, she co-authored “Competing Interests in the Post 9-11 Workplace: The New Line Between Privacy and Safety,” which appeared in the William Mitchell Law Review, and in 2007, she authored “Ownership of Email is Not Clear,” which appeared in the National Law Journal, and co-authored “Disclosures Amid Group Terminations Crucial to Validity of Releases,” which appeared in the New York Law Journal. A frequent lecturer on employment law issues and issues involving generational diversity, Elise co-chaired the Practising Law Institute program on “How to Handle Your First Discrimination Case” for three years. Elise was listed as one of the "Nation's 100 Most Powerful Corporate Employment Attorneys 2010-2011" by Human Resources Executive, and has been recognized by the Guide to the World's Leading Labour & Employment Lawyers, Chambers USA and U.S. Legal 500.
Michael F. Colosi
Senior VP, General Counsel
Kenneth Cole Productions
Michael F. Colosi is the Senior Vice President, General Counsel and Corporate Secretary for Kenneth Cole Productions, Inc. where he has served as General Counsel since 2000 and Secretary since 2004. Michael graduated magna cum laude from Cornell University with a B.A. in Economics and English and received his J.D. from Michigan Law School where he graduated cum laude and served as an Editor of the Michigan Law Review. After a clerkship with the Honorable J. Edward Lumbard on the U.S. Court of Appeals for the Second Circuit, Michael worked as a litigation associate at various law firms. Michael then served as Associate General Counsel and Assistant Secretary for The Warnaco Group, Inc. He is a member of the bar for the State of New York and the U.S. District Court for the Southern District of New York.
Michael served as a member of the Board of Directors of the International Anti-Counterfeiting Coalition from 1998 to 2000 and he has served on the boards of numerous charitable and cultural organizations. He is a frequent speaker on a wide range of legal issues including corporate developments, intellectual property (including licensing and anti-counterfeiting), employment law, benefits and compensation, litigation and civil rights. His work has been recognized by many professional, charitable and volunteer institutions, and he received a Thurgood Marshall Award from the New York City Bar Association.
George Gottlieb
Principal
Gottlieb, Reckman & Reisman, P.C.
George Gottlieb specializes in trademark, trade secret, copyright, and patent law, including federal court litigation in New York and throughout the United States. He is the author of many articles, including several course handbooks for the Practising Law Institute in New York City. These include the Current Developments in Trademark Law series: “Filing Suit, Injunctions and Discovery in Trademark Actions”; “Trademark and Copyright Restrictions on Importations by Customs”; and “Protection of Works of Art, Especially Ornamental Designs: A Practical Approach to Patents, Trademarks, and Copyrights.” He is also a frequent lecturer on these topics, regularly giving talks to law groups and trade associations. Mr. Gottlieb has special expertise in the protection of products that include a “design” element, such as furniture, tableware, jewelry, packaging, and other consumer-based goods.
Steven R. Gursky
Partner
Olshan Grundman Frome Rosenzweig & Wolosky LLP
Mr. Gursky has extensive experience in all areas of business law. His practice concentration includes contract negotiation, mergers and acquisitions, intellectual property prosecution and protection, real estate and general corporate practice. Mr. Gursky's varied experience, ranging from small and mid-size business negotiations transactions to multijurisdictional, complex transactions for public corporations, provides clients with a unique combination of seasoned business and legal experience.
Moreover, Mr. Gursky prides himself on his ability to protect his clients while still ensuring the promotion of a successful deal. While Mr. Gursky has more than 25 years of general corporate and real estate experience, he has also developed an expertise in the area of trademark protection, with a particular niche in anti-counterfeiting efforts in the apparel industry and other industries. He is recognized as an expert by the media in this area, and is regularly quoted in The Wall Street Journal, Women's Wear Daily and DNR. Mr. Gursky has also appeared on network and local news broadcasts numerous times, and participated in a segment on "60 Minutes". Mr. Gursky has been repeatedly named to the New York Super Lawyers list, a Thomson Reuters lawyer rating service, since 2007.
Mr. Gursky presently serves as a member on the Board of Directors of the Martin Luther King, Jr. National Memorial Project Foundation, Inc., an organization whose vision was to erect a memorial in Washington, DC commemorating Dr. King's life and work, which memorial opened to the public on August 22, 2011. Mr. Gursky received the Alpha Phi Alpha Fraternity's Medal of Honor, the highest honor bestowed on a non-member.
Prior to joining Olshan, Mr. Gursky was a partner at Dreier LLP practicing in the areas of intellectual property, corporate and real estate law. Mr. Gursky joined Dreier LLP after more than 22 years as the founder and managing partner of Gursky & Partners and its predecessors.
Frances Hadfield
Associate
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Frances P. Hadfield is an associate in the Firm's New York office. Her practice focuses on customs litigation, intellectual property and regulatory matters pertaining to import and export law, and litigation. She represents the Firm’s clients before U.S. federal courts as well as the agencies with responsibilities over import and export transactions. Her focus in regulatory matters primarily relates to the importation of merchandise, including intellectual property and fair trade practices. Ms. Hadfield has lectured extensively on issues pertaining to customs litigation and import procedures for various continuing legal education programs. She is also a licensed Customs Broker.
Donald L. Kreindler
Partner
Phillips Nizer LLP
Donald L. Kreindler is a partner of Phillips Nizer LLP. He specializes in the resolution of business disputes - by negotiation where possible, and otherwise through trial in arbitration or in court.
Mr. Kreindler has tried cases in court and in arbitration which cover virtually the entire spectrum of business disputes, including disputes involving sales contracts, acquisition agreements, license agreements, brokerage agreements, partnership and shareholders’ agreements and employment contracts, copyright infringement claims (representing both copyrights holders and claimed infringers). He has achieved many notable trial victories, including one of the largest jury damages verdicts for copyright infringement of a fabric pattern; an arbitration award for breach of a joint venture agreement that represented the largest American Arbitration Association award rendered to that date in a textile/apparel controversy; a $16 million jury verdict to a designer for failure of his fragrance licensee to use best efforts to promote and sell the brand; and a $16.5 million arbitration award in favor of an architect discharged from a major architectural firm. Mr. Kreindler’s trial experience encompasses a wide variety of industries including textile and apparel, securities and commodities, real estate, entertainment, construction, finance, fragrances and cosmetics, architecture and accounting.
Mr. Kreindler has lectured and written extensively on arbitration, trial practice, copyright and trademark law, and the Uniform Commercial Code.
Vejay G. Lalla
Partner
Davis & Gilbert LLP
Vejay G. Lalla is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Publishing; Intellectual Property and Technology, Digital Media & Privacy Practice Groups of Davis & Gilbert. He represents and counsels a wide array of entertainment, media and technology companies, video game publishers, advertising and creative agencies, and advertisers, as well as producers, production companies, writers, musicians, and other artists in connection with various new media, entertainment, production, publishing, licensing, advertising, promotions, marketing, copyright, and trademark matters.
Mr. Lalla's practice involves counseling clients and negotiating complex agreements, including agency-client agreements for all of the leading advertising agencies and their holding companies, and agreements with respect to public relations, co-marketing, strategic alliance, sponsorship barter, media buying, talent (both union and non-union), writer, television and film production and distribution (U.S. and international), and a variety of publishing agreements including collaboration, publisher, and literary representation agreements. He has also negotiated a variety of video game agreements including in game advertising placement, and has counseled video game publishers on in game copyright and other intellectual property issues and clearance matters. He also works on a variety of new media and technology agreements, including entertainment content and music licensing and distribution, interactive and wireless agreements including mobile SMS and WAP agreements, software, hardware, and other technology licenses.
Mr. Lalla also counsels clients with respect to rights of privacy and publicity, web site terms and conditions, review of advertising copy, sweepstakes and contests and other complex promotions, false advertising issues, and has considerable experience in marketing, branding, and licensing of copyrights and trademarks, and the clearance, protection and registration of trademarks and copyrights. He has also had extensive experience negotiating a wide variety of television agreements, including reality series development and production, as well as the negotiation of product placement and integration in a variety of media. Mr. Lalla has represented both production companies and cable companies in regards to licenses, negotiation and drafting television, motion picture and documentary production, distribution, acquisition, co-finance, and co-production agreements. He has represented clients in the entertainment, fashion, luxury goods, pharmaceutical and financial services industries.
While in law school, Mr. Lalla served as the Notes and Comments Editor of International and Comparative Law Journal. He was formerly the Director of Business and Legal Affairs at Lifetime Television.
Heather J. McDonald
Partner
Baker & Hostetler LLP
Heather McDonald is a partner in the firm's litigation group, specializing in intellectual property enforcement and anti-counterfeiting litigation. Ms. McDonald coordinates a nationwide network of investigators, attorneys and government agencies on both the federal and state levels pursuing individuals and entities trafficking in counterfeit goods. Ms. McDonald has been actively involved in drafting and lobbying for new legislation in the State of New York substantially strengthening the penalties for those convicted of trafficking in counterfeit goods. She has also worked on similar legislation in many other states and on the federal level. Ms. McDonald trains law enforcement officers throughout the country on both the federal and state levels on issues related to trademark counterfeiting.
Ms. McDonald has been a pioneer in the area of third party liability in trademark counterfeiting cases. Using both federal and state laws, Ms. McDonald is the principal architect of a program that holds property owners liable for the illegal subject of counterfeit goods that take place on their premises if they have knowledge that the illegal activity is ongoing and fail to takes appropriate steps to remedy the situation. She is also actively involved in several task forces uniting the public and private sectors in New York City dealing with issues related to counterfeit goods.
Ms. McDonald is a member of both the New York and Connecticut Bars. She is actively involved in several charitable organizations including Courageous Kidz, a not-for-profit organization located in Charleston, South Carolina, that serves the needs of children with cancer and their families. Ms. McDonald has been actively involved in providing support and services to these families for over 20 years and has served as Camp Director at a week-long free summer camp program for the children for the past 15 years. She is also on the Board of Directors of Student Athletes, Inc., a New York-based not-for-profit organization that provides academic and athletic opportunities to inner city youth.
Marc P. Misthal
Principal
Gottlieb, Reckman & Reisman, P.C.
Marc Misthal specializes in all areas of trademark and copyright litigation and prosecution, and has extensive familiarity with domain name and Internet issues. Mr. Misthal has contributed to the Aspen Law & Business treatise, Trademark Counterfeiting, (George W. Abbott, Jr. and Lee S. Sporn, eds. 1999); and he is the author of Reigning in the Paparazzi (10 International Legal Perspectives 287, Northwestern School of Law [2000]).
More recently Mr. Misthal, along with George Gottlieb, contributed an extensive chapter on intellectual property to the newly released book Fashion Law: A Guide for Designers, Fashion Executives and Attorneys. The book takes a practical approach to addressing legal issues. It is the first book to comprehensively examine, in one volume, those areas of the law implicated in the fashion business (including, in addition to intellectual property issues, franchising, distribution, rentals, leasing and import/export). Fashion Law, published by Fairchild Books, is available from Amazon.com, Barnes and Noble and other booksellers.
Tom Pitegoff
Principal
Pitegoff Law Office PLLC
Thomas M. Pitegoff helps companies grow their businesses by franchising. He drafts franchise agreements and disclosure documents. He handles franchise registrations and provides ongoing franchise compliance and transaction counseling. He also represents entrepreneurs in the purchase or sale of franchises and area development rights. He represents foreign franchisors in their U.S. business and U.S. franchisors expanding abroad. Aside from franchising, he helps U.S. and non-U.S. companies establish distribution and licensing systems that are not franchises. He also acts as general U.S. counsel for foreign companies and he provides outside general counsel services for U.S. companies that do not have in-house counsel.
Mr. Pitegoff is the sole member of Pitegoff Law Office PLLC. He is former Chair of the Franchise Committee of the New York State Bar Association’s Business Law Section, a former member of the Governing Committee of the American Bar Association’s Forum on Franchising, and a former editor of the Franchise Law Journal. He has the highest rating available from Martindale-Hubbell and from Avvo. He is listed among the best franchise lawyers worldwide in Who's Who Legal: The International Who’s Who of Business Lawyers (London 2011) and was selected for inclusion in SuperLawyers 2011 as one of the top attorneys in the New York metro area in the field of franchising. He was also selected to the list of Franchise Times Legal Eagles 2012. He is a frequent writer and speaker on franchise law subjects.
Mr. Pitegoff’s publications include these:
• Franchising in New York After the Revised FTC Rule, NYSBA Business Law Journal (2007).
• Franchise Relationship Laws: A Minefield for Franchisors, 45 Bus. Law. 289 (1989), reprinted in the ABA’s Building Franchise Relationships (1996) and Fundamentals of Franchising (3d ed. 2009)
• Choice of Law in Franchise Relationships, 14 Franchise L. J. 89 (Spring 1995)
• Ways to Avoid Being a Franchise, Franchise L.J. (Fall 1992)
