Download VcardGregory A. Clarick
Mr. Clarick, an AV-rated litigator, focuses his practice on complex commercial litigation, including class actions, and entertainment/media, advertising and art law. He regularly represents financial institutions, entertainment and media companies, publishers, recording artists and visual artists in commercial litigation, including in contract, copyright, trademark, fraud, fiduciary duty, unfair competition, advertising and consumer deception actions.
Mr. Clarick served as law clerk to the Honorable Robert R. Merhige, Jr., U.S. District Court, Eastern District of Virginia. Before co-founding CGR, Mr. Clarick was a partner of Manatt, Phelps & Phillips, where he was co-chair of the firm's Entertainment Litigation Group, and previously was an associate of the entertainment litigation boutique Parcher, Hayes & Snyder and of Paul, Weiss, Rifkind, Wharton & Garrison.
Education
New York University, J.D., 1990 (Executive Editor, New York University Law Review).
Princeton University, A.B., cum laude, 1986.
Representative Matters
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Defended a credit card and financial services company in a trademark infringement lawsuit brought by a leading issuer of a competing credit card. American Express v. Black Card LLC, Index No.10 Civ. 01605 (S.D.N.Y.).
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Brought declaratory judgment action on behalf of high-profile New York retail business and its shareholders to defend against broker’s claim to fees and ownership interest. Brooklyn Industries v. Dallimore & Co., 650491/10 (Sup. Ct. N.Y.).
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Defended a leading magazine publisher in an action alleging breach of contract with a website “app” developer. PumpOne LLC. v. Rodale Inc., Index No. 10 Civ. 04781 (S.D.N.Y.).
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Defended a world famous recording artist and major recording company in copyright infringement litigation charging that he infringed a licensed work by changing its lyrics. Peterson v. Vedder, et. al, Index No. 09 Civ. 6071 (S.D.N.Y.).
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Defeated motion to dismiss in action against celebrity television host, alleging break of contract to develop television series. Caruso v. Grace, 2011 WL 4412479 (S.D.N.Y. Sept. 27, 2011).
Defeated class certification in class action against magazine publisher alleging false and deceptive business practices in connection with in-store magazine promotion. McCracken v. Best Buy Stores, L.P. and Time Inc., 248 F.R.D. 162 (S.D.N.Y. 2008).
Won summary judgment and Third Circuit affirmance for magazine publisher in precedent-setting ruling that federal Unordered Merchandise Statute does not provide for private right of action in class action alleging that enrollment in book program constituted deceptive business practice. Wisniewski v. Rodale, Inc., 406 F. Supp. 2d 550 (E.D. Pa. 2005), aff'd, 510 F.3d 294 (3d Cir. 2007).
Obtained summary judgment in favor of record company in copyright infringement action concerning creation of Victor Manuelles Tengo Ganas. Velez's v. Sony Discos, Inc., 2007 WL 120686 (S.D.N.Y. Jan. 16, 2007).
Defeated preliminary injunction application in false advertising action claiming that restaurant chain advertisements unfairly ridiculed competitor's Angus beef hamburgers. CKE Restaurants v. Jack in the Box, Inc., 494 F. Supp. 2d 1139 (C.D. Cal. 2007).
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Defended a well known contemporary artist in action by a fabricator of work seeking compensation and ownership of artist’s work. Douglas Parker Studio v. Christopher Williams, Index No. BC419543 (Sup. Ct. Cal.).
Won summary judgment and Second Circuit affirmance for concert booking agency (Renaissance Entertainment) in action brought against major talent agencies and concert promotion companies alleging race discrimination and antitrust violations in concert promotion industry. Rowe Entertainment, Inc. v. William Morris Agency, Inc., et al. 2005 WL 22833 (S.D.N.Y. Jan. 5, 2005), aff'd, 167 Fed. Appx. 227 (2d Cir. Dec. 30, 2005).
Defended record company defendants in breach of contract and tortious interference action concerning the sale of plaintiff's cover recording of "The Ketchup Song"; obtained summary judgment and Second Circuit affirmance on main claims by establishing that plaintiff failed to secure license for use of composition; on remaining claims, obtained ruling that plaintiff suffered no compensatory damages. 24/7 Records, Inc. v. Sony Music Entm't, Inc., et al., 566 F. Supp. 2d 305 (S.D.N.Y. 2008); 2004 WL 2093132 (S.D.N.Y. Sept. 20, 2004), aff'd in part, 429 F.3d 39 (2d Cir. 2005).
Obtained dismissal, affirmed on appeal, in action brought against record company by estate of former manager of legendary musical artist Jimi Hendrix, claiming royalties in connection with sale and distribution of Hendrix records. Estate of Michael Jeffrey v. Warner Bros. Records Inc., 743 N.Y.S.2d 717 (App. Div. 2002).
Obtained dismissal of 12 plaintiffs and won summary judgment against 13th, as well as Ninth Circuit affirmance, in class action against publisher, alleging that subscription renewal practices constituted deceptive business practices. Lindner v. Readers Digest, 231 Fed. Appx. 663 (9th Cir. 2007).
Won summary judgment for financial institution in class action alleging false and deceptive business practices in connection with sale of tax refund anticipation loans. Benton v. Santa Barbara Bank & Trust, Index No. 601898/04 (N.Y. Sup. Ct. July 26, 2006).
Obtained dismissal, affirmed on appeal, of claims against food purveyor in class action alleging false advertising and deceptive labeling practices. Lichtman v. Empire Kosher Poultry, No. 04-11202 (Pa. Ct. Com. Dec. 12, 2005), affd, No. 321 Eastern District Appeal 2006 (Sup. Ct. Dec. 4, 2006).
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Represented a dealer of Russian art in breach of contract action involving complex forgery and oral contract allegations. Nussberg v. Tatintsian, Index No. 650741/09 (Sup. Ct. N.Y.).
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Defended a renowned visual artist in a breach of contract action brought by a former dealer. Michael Hue Williams v. James Turrell, Index No. 11 Civ. 1838 (S.D.N.Y).
Won precedent-setting dismissal, and affirmance on appeal, for record club in class actions challenging marketing practices, including offer of free compact discs and application of shipping and handling charges. Taylor v. BMG Direct Marketing, Inc., 749 N.Y.S.2d 31 (App. Div. 2002); Zuckerman v. BMG Direct Marketing, Inc., 737 N.Y.S.2d 14 (App. Div. 2002). Also, obtained reversal, in the Texas Supreme Court, of class certification in an action involving a record club's late fees. BMG Direct Marketing, Inc. v. Peake, 178 S.W.3d 763 (Tex. 2005).
Defended former employer in precedent-setting action concerning the scope of permissible indemnification under Delaware General Corporations Law. Waltuch v. ContiCommodity Servs., Inc., 88 F.3d 87 (2d Cir. 1996).
Mr. Clarick served as the General Counsel to the New York State Democratic Committee and has represented capital defendants in post-conviction proceedings, including in the precedent-setting cases Riggins v. Nevada, 504 U.S. 127 (1992), and New York v. Harris, 98 N.Y.2d 452 (2002). He also represented the Congressional Black Caucus, as amicus curiae, in several congressional redistricting actions, including in Shaw v. Hunt, 517 U.S. 899 (1996), and Miller v. Georgia, 515 U.S. 900 (1995).
Admissions and Memberships
Admitted to practice in the State of New York; U.S. Supreme Court; U.S. Courts of Appeals for the Second, Third and Federal Circuits; U.S. District Courts for the Southern District of New York and Eastern District of New York.
Member, Entertainment Law Committee, Bar Association of the City of New York.
Member, Board of Directors, The Acting Company.
Publications
Co-Author, Shaw v. Reno: A Mirage of Good Intentions with Devastating Racial Consequences, 62 Fordham Law Review 693 (1994). Author, Protecting the Right to Teach: Public School Teachers and the First Amendment, 65 New York University Law Review 693 (1990).