Philippe A. Zimmerman is a partner in the Litigation practice group at Greenspoon Marder LLP. With more than three decades of experience, Mr. Zimmerman understands that the successful representation of a client requires an understanding of the client’s business and concerns so that an effective strategy can be designed and implemented to protect the client’s interests and reach its goals. In putting this belief into practice, ongoing communication with clients is a critical component of effective representation and early case assessment is essential to making proper strategic decisions as to how to proceed and making other critical decisions during litigation. While an aggressive litigator and confident trial lawyer, Mr. Zimmerman appreciates that, in acting as a counselor, a critical issue that must be considered is if, when, and how to pursue resolution.
Mr. Zimmerman has substantial experience with commercial disputes, including contract, breach of fiduciary duty, unfair competition, misappropriation of ideas, and ownership disputes. In addition, Mr. Zimmerman regularly counsels clients in connection with disputes related to licenses, trademarks, copyrights, letters of credit, real estate, and construction matters.
In addition to representing clients in the financial services, advertising, technology, garment, entertainment, toy and product invention, real estate, and construction industries, Mr. Zimmerman is active in the broader legal community as a member of the Board of Directors of the New York University School of Law Alumni Association and as a co-chair of the Copyright and Trademark Committee of the Media Law Resource Center.
Although primarily representing clients in the federal and state courts of New York and New Jersey, Mr. Zimmerman has represented clients in numerous other states, including California, Delaware, Pennsylvania, Illinois, Colorado, Massachusetts, Washington, and Arkansas. He also possesses substantial experience with arbitration and mediation having appeared on numerous occasions before the American Arbitration Association, the Judicial Arbitration and Mediation Service, and the National Arbitration and Mediation Service.
A citizen of both the United States and France, Mr. Zimmerman has counseled French companies on a wide range of matters.
Bar Admissions
- New York
- New Jersey
Court Admissions
- 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 District of New Jersey
Education
- J.D., New York University School of Law, 1991
- B.A., cum laude, Rutgers University, Major, 1988
Languages
- French
Representative Experience
- Successfully represented a seller of a business, with substantial operations in China, in opposing claims of fraud and breach of warranty in an action commenced in the United States District Court for the Southern District of New York.
- Successfully represented a major international bank before the United States Court of Appeals for the Second Circuit and the United States District Court for the Southern District of New York in connection with the dismissal of claims of copyright infringement.
- Successfully represented toy inventors in an arbitration involving the failure to pay royalties owed pursuant to a license agreement for use of invention and. After 16-day arbitration, the Arbitrator issued an award granting clients an award of several million Euros and hundreds of thousands of dollars, plus attorney’s fees of in excess of $700,000.
- Successfully defended investment manager and its members in an arbitration asserting claims of breach of fiduciary duty, which resulted in respondent manager and its members being awarded the costs of arbitration.
- Successfully represented executive of a new sports league who asserted claims of breach of fiduciary duty and breach of contract against the league and its co-founders in actions commenced in the United States District Court for the Southern District of New York, the Supreme Court of the State of New York for the County of New York, the Delaware Chancery Court, the United States District Court for the Southern District of California and an arbitration venued in New York, New York.
- Successfully represented investor in a joint venture that owned real estate in an arbitration for breach of fiduciary duty and imposition of a constructive trust.
- Successfully represented independent directors accused of alleged breaches of fiduciary duty at both the New York State trial and appellate level in obtaining dismissal of all claims asserted against individual directors.
- Successfully represented international bank in obtaining summary judgment in lieu of complaint in two related actions resulting in judgment of in excess of $5.5 million from several related borrowers and guarantors.
- Successfully represented international bank in enforcing in excess of $5.5 million in judgments obtained against several related borrowers and guarantors in New York, Virginia and the District of Columbia.
- Successfully represented a leader in the home textile industry in the United States District Courts of Southern District of New York and the Eastern District of Pennsylvania in defeating a plaintiff’s claims for a commission in connection with a potential leveraged buy-out. Following discovery, including numerous depositions, plaintiff’s claims were dismissed on summary judgment.
- Successfully represented family member in a 40-day trial relating to claims that all assets owned by the family member were part of a family partnership
- Successfully represented a law firm in obtaining summary judgment in lieu of complaint for approximately $2 million against a former partner of the law firm in the Supreme Court of the State of New York for the County of New York.
- Successfully represented well-known corporate executive in obtaining a decision from the Supreme Court of the County of New York for the State of New York, which was affirmed on appeal, that required the executive’s former company’s insurer to pay the executive’s attorneys’ fees in connection with then ongoing criminal and civil actions.
- Successfully represented a world-renowned architect and artist in connection with obtaining a preliminary injunction enjoining the distribution of a major motion picture because the film infringed the copyright in a drawing created by the architect.
- Successfully represented garment company in defending action involving numerous parties for breach of contract and fraud related to the acquisition of assets from a third company. Successfully negotiated a settlement of the dispute, which minimized client’s liability and potential exposure.
- Successfully defended film producer in two-day copyright infringement trial in the Southern District of New York related to the rights in the first motion picture to win an Academy Award for Best Foreign Language Film. Trial resulted in a judgment of non-infringement.
- Successfully represented co-owner of family business in New York State Court against claims of breach of fiduciary duty and breach of contract.
- Successfully represented subcontractor Construction Company in action against general contractor and property owner for non-payment.
- Successfully represented publisher of a magazine in an action for trademark infringement in the United States District Court for the Western District of Washington.
- Successfully represented construction company against owner of property in arbitration for non-payment of outstanding invoices, including payments for change orders. After submission of matters to arbitrator, resolution was successfully negotiated.
- Successfully represented garment company in obtaining a preliminary injunction in New York State Court enjoining bank from paying on a letter of credit on the basis of fraud.
- Successfully represented garment company and its customers against claims of trademark and copyright infringement in United States District Court for the Southern District of New York. Successfully negotiated settlement of all claims after demonstrating to plaintiff that competing product was non-infringing.
- Successfully represented owner of trademark in a seasonal food product in the Southern District of New York. Successfully obtained preliminary injunction and then permanent injunction that included an order for the destruction of all products in defendant’s possession, custody or control.
- Successfully represented publisher of a magazine in resolving copyright infringement claims related to use of photographs on website.
Professional and Community Involvement
- International Trademark Association, Member, Present
- New York University School of Law Alumni Association, Board of Directors, Member, 2020–Present
- Media Law Resource Center Copyright and Trademark Committee, Member, 2019-2022
- French-American Chamber of Commerce Advisory Board, New York Chapter, Co-Chair, 2000- 2018
- French-American Chamber of Commerce Board of Directors, National, Member 2000-2018
- French-American Chamber of Commerce Board of Directors, New York Chapter, Member, 2000-2018
- New Jersey, Essex County, District V-B Ethics Committee, 2009-2011
Recognitions
- American Lawyer Media, “Top Rated Lawyer,” Intellectual Property, 2018-Present
- American Lawyer Media, “Top Rated Lawyer,” Labor & Employment, 2018-Present
- Martindale-Hubbell, Rated AV® Preeminent ™
