Mr. Penchina concentrates his practice in intellectual property, media, sports, entertainment, and gambling law. He counsels news organizations, television networks, publishers, sports organizations, fashion houses, and others in licensing and protecting their intellectual property, and litigates on behalf of a wide range of clients defending or asserting claims of copyright and trademark infringement.
Mr. Penchina also has represented media organizations in proceedings before the United States Congress and has appeared on behalf of the horseracing industry before numerous state and federal law-making and regulatory bodies.
Mr. Penchina began his legal career as a law clerk to the Honorable Frank X. Altimari of the United States Court of Appeals for the Second Circuit. He then joined the New York office of Rogers & Wells, which later merged with London-based Clifford Chance, where Mr. Penchina served as head of the copyright and trademark practice in North America before joining LSKS in 2004.
Dallal v. The New York Times Co., 352 F. App'x. 508 (2d Cir. 2009) — Mr. Penchina served as lead counsel for The New York Times in a two-week jury trial in a copyright infringement action brought by a freelance photographer who sought $52.5 million in damages. The photographer alleged that the newspaper had no right to publish approximately one hundred of his photographs on NYTimes.com. The jury unanimously sided with the newspaper, and, one week after hearing oral argument on appeal, the Second Circuit affirmed the judgment in favor of The Times.
BroadVision, Inc. v. General Electric Co., 2009 WL 2603145, 2009 WL 1392059, and 2008 WL 4684114 (S.D.N.Y. 2009) — Mr. Penchina successfully defended GE against a series of complaints asserting copyright infringement and related claims arising from its alleged use of software beyond the scope of a license.
NBC Universal, Inc. v. Redlasso, Inc. (S.D.N.Y. 2008) — On behalf of NBC Universal, Fox News Network, LLC, and Fox Television Stations, Inc., Mr. Penchina successfully asserted copyright and trademark infringement claims against a company distributing television programming via the Internet, and obtained a permanent injunction prohibiting use of the networks’ content without their permission.
Mandracchia v. Focus Features LLC (S.D.N.Y. 2006) — In an action seeking to enjoin distribution of the movie Hollywoodland, Mr. Penchina successfully defended Focus Features and Miramax Film Corp. against claims that the title of their movie infringed trademark rights held by a theater production company. Following a hearing, the court denied plaintiffs’ motion for a preliminary injunction, and plaintiffs withdrew their claims.