Rule 37(e) and Spoliation Sanctions Under the Amended Rules
Time to Think About the H-1B Cap Season and Your Employment Needs
Aaron M. Frankel is a trial lawyer. Mr. Frankel represents clients in complex patent, trademark and trade secret actions before a variety of courts and tribunals across the country. In recent years, Mr. Frankel has represented clients in litigation relating to cellular networks, semiconductor and LED devices, business method and software patents, consumer electronic devices, and automobile systems. He also has considerable experience in litigating vendor indemnification claims arising from intellectual property disputes. Mr. Frankel frequently represents clients in litigation in the District of Delaware, the Eastern District of Texas, the Eastern District of Virginia and the Southern District of New York, as well as the U.S. Court of Appeals for the Federal Circuit. Click here for a listing of Mr. Frankel’s representative matters. Among his most notable work is Mr. Frankel’s successful representation of publishing giant Condé Nast in litigation against a former website vendor asserting patent infringement, trade secret and trademark claims relating to the online versions of Vogue magazine, obtaining both narrow claim construction, leading to stipulation of noninfringement on all patent claims, and summary judgment dismissal of all other causes of action asserted against Condé Nast. In a patent infringement suit relating to vehicle anti-rollover systems, he succeeded in limiting discovery to a dispositive noninfringement issue and then obtained a walk-away dismissal for WABCO Automotive Control Systems, a global leader in commercial vehicle control systems. Mr. Frankel also successfully defended ATMI Inc. by demonstrating that asserted semiconductor gas delivery patents were unenforceable due to the inventors’ inequitable conduct and subsequently defended that finding before the Federal Circuit, resulting in a favorable global settlement. Mr. Frankel brings his litigation experience to bear in prosecuting and defending re-examination and inter partes review proceedings, in advising clients on intellectual property licensing and transactional matters, and in patent portfolio evaluation, acquisition and management projects. The Deputy Chair of Kramer Levin’s Pro Bono Committee, Mr. Frankel for over 10 years has co-coordinated Kramer Levin’s award-winning pro bono asylum program and has served as lead attorney or supervisor for over two dozen teams in successfully obtaining asylum for refugees fleeing persecution based on their ethnicity, gender, religion or sexual orientation. He was awarded the President’s Pro Bono Service Award by the New York State Bar Association and received a Safe Haven Award from Immigration Equality for his work on behalf of LGBT and HIV-positive asylees. Mr. Frankel also served on the Board of Directors of Immigration Equality for four years.