Justin E. Klein
Phone: (212) 603-0488 Fax: (212) 956-2164
Mr. Klein is a Partner in the Firm’s Litigation & Dispute Resolution, Intellectual Property & Licensing, Employment Practices, and Entertainment & Media Services Departments.
Mr. Klein advises companies ranging in size from emerging to Fortune 500 with all aspects of their intellectual property portfolios, including registering, maintaining, and protecting their IP in courts throughout the United States. Mr. Klein secured a groundbreaking digital fair use victory in the United States District Court for the Eastern District of Virginia and the United States Court of Appeals for the Fourth Circuit on behalf of a client defending against a claim for copyright infringement challenging its plagiarism detection service. Mr. Klein has also pursued and defended claims on behalf of clients under the Computer Fraud and Abuse Act.
Mr. Klein advises sports venues, investors, and promoters, nationally and internationally, on sports related issues. Mr. Klein recently represented a private equity consortium bidding on the multi-billion-dollar acquisition of the Ultimate Fighting Championship® (UFC®) – one of the largest transactions in history for a sports organization. Mr. Klein also represented clients challenging regulations promulgated by the New York State Athletic Commission, and advised and assisted companies with efforts to procure insurance required to carry out boxing events in New York State. Mr. Klein is frequently interviewed by media outlets about sports related legal issues and speaks regularly on panels about legal issues in the sports sector.
Mr. Klein maintains an active business advisory and litigation practice, representing established and emerging companies in the insurance, pharmaceutical, financial technology, and sports & entertainment sectors. Mr. Klein has represented companies in litigation throughout the United States, including through trial, post-trial, and appeal.
Mr. Klein has been named to the New York Metro Super Lawyers 2013 - 2017 lists and was named to the New York Metro Super Lawyers Rising Stars 2012 List. Mr. Klein has also received recognition for his pro bono service, including the Legal Aid Society Award in Recognition of Outstanding Pro Bono Service.
Prior to joining the firm, Mr. Klein was a Partner at Satterlee Stephens LLP in New York. Mr. Klein also previously served as an associate at Fried Frank Harris Shriver & Jacobson LLP in New York. Mr. Klein also clerked for the Honorable Mary Ellen Coster Williams of the United States Court of Federal Claims in Washington, DC.
Areas of Practice:
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Northern District of Illinois
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Federal Claims
United States Tax Court
Fordham University School of Law, J.D.
University of Michigan, B.A.
Court Dismisses Libel Claim Over Erroneous Newspaper Headline: Headline Should Not Be Read In Isolation, Media Law Resource Center, Media Law Letter, October 2010.
Fourth Circuit Affirms Summary Judgment for Plagiarism Detection Service: Digital Database a Fair Use; Important Implications For New Media, Media Law Resource Center, Media Law Letter, May 2009.
Speaking Engagements and Select Media
Quoted in an article in the Wall Street Journal and interviewed for a news segment on NY1 concerning New York’s life-threatening brain injury insurance requirement for professional combative sports.
Speaker on New York City Bar Association panel concerning the political and legislative efforts to sanction mixed martial arts fights in New York – panelists included: New York State Senator Liz Krueger (D-Manhattan); Peter J. Kiernan, Of Counsel, Schiff Hardin LLP and Former Counsel to the Governor of New York State; and Jim Genia, Author and Journalist.
Continuing Legal Education Panelist at Seton Hall Law School, Entertainment and Sports Law Society, on “The Fight for Fair Treatment in Mixed Martial Arts.”
Moderator of panel at the 2011 and 2012 MMA World Expo at the Jacob Javits Center—panelists included, Senator Lee Zeldin, Nicholas Lembo, Deputy Attorney General for New Jersey and Counsel to the New Jersey State Athletic Control Board, Dr. Sheryl Wulkan, selected as the Ringside Physician of the Year by the American Association of Professional Ringside Physicians, lead MMA/Muay Thai physician for the NJ State Athletic Control Board and a licensed ringside physician with the New York State Athletic Commission, John McCarthy and Jim Genia, author of “Raw Combat.”
Guest on ESPN Radio to discuss the mixed martial arts ban in New York and legislative efforts to lift the ban.
Guest on SiriusXM Radio to discuss the lawsuit challenging the constitutionality of the ban on mixed martial arts in New York.
Guest on CBS Sports Radio, 106.7 The Fan.
Guest on Hot97 roundtable discussion with FOX 5 New York’s Lisa Evers.
Featured in a 2010 Wall Street Journal video, New York Not Yet Ready for Mixed Martial Arts.
Panelist at the 2010 MMA World Expo at the Jacob Javits Center.
Featured in a 2011 segment on Brooklyn Independent Television’s “Brooklyn Review.”
Representations and Decisions of Interest:
Successfully defended publicly traded company in three-week jury trial against claims seeking in excess of 50 million dollars in the Commercial Division of the Supreme Court of New York.
Represented the Association of Boxing Commissions in connection with communication to Governor Andrew Cuomo, New York Attorney General Eric T. Schneiderman, and other New York political leaders concerning safety risks presented by New York’s law banning combative sports in New York State.
Bagg v. HighBeam Research, Inc. et al., 2013 WL 3466846, (N.D. Ill. July 10, 2013)
Villa San Clemente, LLC v. Thomson Reuters (Tax & Accounting) Inc. et al., Memorandum Decision (Sup. Ct., N.Y. County Aug. 17, 2012)
Dillon v. West Publishing Corporation et al., 2012 WL 2131936 (D. Nev. June 12, 2012)
Bagg v. HighBeam Research, Inc. et al., 2012 WL 1940231 (D. Mass. May 17, 2012)
Ipreo Holdings LLC v. Thomson Reuters Corp., Reuters America LLC et al., 2011 WL 855872 (S.D.N.Y. Mar. 8, 2011)
Triano v. Gannett Satellite Information Network, Inc., 2010 WL 3932334, (S.D.N.Y. September 29, 2010), appeal dismissed, (2d Cir. Dec. 1, 2010)
Christen v. Iparadigms, LLC, No. 10-620, 2010 WL 3063137 (E.D.Va. Aug. 4, 2010)
Industrial Quick Search, Inc., et al. v. Terryn, 2010 WL 481057 (Mich. Ct. App. Feb. 11, 2010) appeal denied, 2010 WL 2795386 (Mich. July 15, 2010)
Hypergraphics Press, Inc. v. Cengage Learning, Inc., Slip Copy, 2009 WL 972823 (N.D. Ill. 2009)
Brandt v. MIT Development Corp., 552 F.Supp.2d 304 (D. Conn. 2008)
MMZ Associates, Inc. v. Gelco Corp., Slip Copy, 2006 WL 3531429 (S.D.N.Y. 2006)
Mr. Klein is a member of the board of directors of Shift | creator space (an entrepreneur house at the University of Michigan, Ann Arbor). Mr. Klein is founder and Chairman of the Board of the New York Mixed Martial Arts Initiative, a non-profit organization that provides funding for youth and young adults in New York so that they can experience the benefits of martial arts training which include increased self discipline, self confidence, self respect, good sportsmanship, and healthy lifestyle habits.