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Mark Rosenberg Quoted in Law360 on Judge’s Order in Favor of Firm Client

September 27, 2019

Mark Rosenberg, Intellectual Property partner and co-chair of the firm’s Reputation Management practice, was quoted in Law360’s article, “Judge Sanctions Atty For Disrupting Deposition In TM Case.” The article details U.S. Magistrate Judge Ona T. Wang’s decision awarding sanctions against The Fashion Exchange LLP and its attorney based on the attorney’s interference with the taking of the Rule 30(b)(6) deposition of The Fashion Exchange in a trademark infringement case that it brought. The court ordered that The Fashion Exchange and its attorney jointly and severally pay half the costs and fees that Tarter Krinsky & Drogin client Hybrid Promotions LLC incurred in connection with taking the Rule 30(b)(6) deposition and the motion for sanctions.

Mark shared with Law360 that he welcomed the magistrate judge’s order, stating, “We are pleased that Magistrate Judge Wang acknowledged the plaintiff’s and its counsel’s misconduct which greatly interfered with our ability to take the Rule 30(b)(6) deposition of the Plaintiff’s former principal. Unfortunately, this is not the only instance of the plaintiff’s and its counsel’s misconduct in the case. As noted in the decision, there is a separate motion for sanctions pending based on the plaintiff’s wholesale destruction of its documents relating to its claim for damages. We believe that the misconduct outlined in these two motions is part and parcel of the plaintiff’s overall strategy of obstruction and delay in a case which we believe the plaintiff lacks a legitimate claim.”

Hybrid is represented by Mark Rosenberg, Litigation counsel Debra Bernstein and Litigation counsel Joel Rosner.

Read the full article.

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