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"Nothing great was ever achieved without enthusiasm." – Ralph Waldo Emerson

Alan Kaufman genuinely loves being a lawyer and his enthusiasm, creativity and ingenuity make a difference. His passion leads him to partner with his clients and litigate effectively with an eye toward the business goals and economic realities of the engagement. These qualities lead clients to repeatedly turn to him when they need an aggressive but practical approach to bringing, defending, or avoiding litigation.

Mr. Kaufman has successfully litigated complex, commercial cases in New York and New Jersey state and federal courts. His practice involves a wide range of matters, including business tort disputes; breach of contract actions; mortgage, mortgage-backed securities and real estate related litigation; intellectual property infringement; insurance coverage; and appeals.

Mr. Kaufman also regularly counsels clients in the development, licensing, and protection of intellectual property, and on unfair competition, the Lanham Act, and trademark and infringement. He also routinely assists clients in the registration and prosecution of trademarks and other issues relating to the protection of intellectual property rights.

Professional Background

Prior to joining Hinshaw & Culbertson LLP in May 2014, Mr. Kaufman was a partner in a large law firm in New York.

Professional Affiliations

  • New York City Bar Association - In-House/Outside Counsel Litigation Group; Real Property Committee
  • Mortgage Bankers Association
    • Litigation Committee (2015–present)
  • International Trademark Association
    • Data Protection Committee (2016)
    • Enforcement Committee (2014–2016)
    • Pro-Bono Committee (2012–2014)
    • Chair, Speaking and Authorship Sub-Committee
    • Member Pro-Bono Task Force (2011–2012)

Honors & Awards

  • Recognized as a "Super Lawyer" by New York Metro Super Lawyers magazine (2015)
  • Recognized as a "Rising Star" by New York Metro Super Lawyers magazine (2013–2014)

Representative Matters

Complex Commercial

  • Defense of a credit card processor in a tortious interference and de facto merger case arising out of a contract not assumed in an asset purchase transaction.
  • Defense of a retail chain store in an action brought by a New York City law firm for a “success” fee based on an exchange of email correspondence.
  • Defense of a credit card processor for breach of contract in connection with the provision of certain credit card services to cruise lines.
  • Prosecution of a breach of contract action arising out of the sale of defective vehicles to be used as handicap accessible NYC taxis.
  • Prosecution of a contribution action on behalf of a party found liable for fraud in an underlying action against accounting firm arising out of a tax shelter.
  • Defense of a Canadian energy retailer in a class action alleging violation of statutes prohibiting deceptive sales practices and advertising.

Insurance

  • Declaratory judgment action concerning whether barge alleged to have breached levees during Hurricane Katrina, thereby causing the flooding of the City of New Orleans, was covered under the insured’s P & I policy.
  • Coverage action relating to insurance for facility’s alleged secret videotaping of hundreds of female patrons.
  • Defense of an indenture trustee in a declaratory judgment action concerning the applicability of insurance coverage for environmental damages to property held as collateral.
  • Prosecution of an insurance coverage action on behalf of manufacturer for losses sustained during the 2003 AirTrain accident.

Real Estate

  • Prosecution and defense of claims for breach of guaranty in relation to defaulted loans.
  • Defense of mortgage lenders in contested foreclosure actions.
  • Defense of mortgage lenders in actions seeking to void mortgage.
  • Defense of lender liability actions.

Intellectual Property

  • Defense of sporting association from trademark infringement claims brought by world famous clothing designer.
  • Prosecution and defense of opposition and cancellation proceedings before the Trademark Trial and Appeal Board.

Trademark Prosecution

  • Procured trademark registrations from the United States Patent & Trademark Office on a variety of products and services, including for the shape of a client’s products after relatively short period of use — a distinction typically reserved for famous product configurations.
  • Cleared numerous trademarks in variety of sectors.

Creditors' Rights

  • Pursued claims on behalf of State insurance department in relation to the liquidation of a failed health insurer, including claims for accounting malpractice, RICO, directors and officers liability and insurance related issues.
  • Defense of preferential and fraudulent transfer claims.

Corporate Litigation

  • Defended bank and its directors against insurgent shareholders seeking to “sterilize” voting right during proxy contest for election of directors.
  • Defended corporation and its directors against insurgent shareholder seeking to invalidate “bad boy” provision in by-laws in relation to election of directors.

Presentations

  • "Advanced Intellectual Property Law," IP Data Security Best Practices for Protecting Data, Breach, Planning & Action, webcast, National Business Institute, December 2014.
  • "Advanced Intellectual Property Law," Trademark Oppositions, Cancellations and Infringement, webcast, National Business Institute, December 2014.
  • Host, International Trademark Association roundtable on social media issues (2013)

Publications

  • "Bringing Claims for Unpaid Legal Fees in N.J.," co-author, New Jersey Law Journal, October 7, 2013.
  • "Lessons From Voom v. EchoStar," co-author, Law360, April 2012.

News

Personal

In his spare time, Alan enjoys spending time with his family, running in Central Park, and bemoaning another season in which the Philadelphia Eagles did not win a championship.

Community/Civic Activities

  • Camp Ramah in the Poconos, Board Member (2008-2014)
  • Fundraiser and participant, Leukemia, Lymphoma Society Team in Training program

Education

J.D., Fordham University School of Law, 1999

B.A., Brandeis University, 1996

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