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Alan F. Kaufman

Alan F. Kaufman

Partner

330 Madison Avenue
27th Floor
New York, NY 10017
alan.kaufman@nelsonmullins.com

Alan focuses his practice on complex litigation. He has 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.

Alan also regularly...

Alan focuses his practice on complex litigation. He has 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.

Alan 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.

Alan F. Kaufman

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.

Alan focuses his practice on complex litigation. He has 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.

Alan 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.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

  • Complex Litigation
    • 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

Previous Professional Experience

  • Partner in the New York offices of two large law firms

Education

  • Fordham University School of Law, JD (1999)
  • Brandeis University, BA, cum laude (1996)

Admissions

  • New Jersey
  • New York
  • Pennsylvania
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Eastern District of Pennsylvania

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • New York City Bar Association
    • In–House/Outside Counsel Litigation Group
  • Mortgage Bankers Association
    • Litigation Committee (2015–2016)
  • International Trademark Association
    • Emerging Issues Committee, Member (2018–Present)
    • Data Protection Committee, Member (2016–2018)
    • Enforcement Committee, Member (2014–2016)
    • Pro–Bono Committee, Member (2012–2014)
    • Speaking and Authorship Sub–Committee, Chair
    • Pro–Bono Task Force, Member (2011–2012)
  • Camp Ramah in the Poconos, Board Member (2008–2014)
  • Fundraiser and participant, Leukemia, Lymphoma Society Team in Training program