Cynthia S. Arato
Partner

Ms. Arato is an experienced litigator. Her practice focuses on intellectual property, media and entertainment, and commercial litigation. Ms. Arato has successfully represented major corporations and prominent individuals in copyright, trademark, defamation, right of publicity, false advertising, employment, contract, fraud, fiduciary duty, and royalty actions. Ms. Arato regularly advises clients on a wide range of intellectual property matters, including trademark and right of publicity issues related to advertisements and products. She also was lead trial counsel for the Select Committee of Inquiry formed by the House of Representatives in Connecticut in connection with impeachment proceedings related to Governor John G. Rowland, winning a landmark ruling from that State’s highest court leading to the Governor's resignation from office.

Before co-founding Macht, Shapiro, Arato & Isserles LLP, Ms. Arato was a partner at Gibson, Dunn & Crutcher LLP and at other firms of national reputation, including the boutique litigation firm of Parcher, Hayes & Snyder.

Ms. Arato's clients include leading entertainment and media companies, major record companies, and artists and writers in the entertainment industry. She has represented, among others, Warner Music Group Corp., Frank McCourt, Atlantic Records, Sony Music Entertainment, Home Box Office, Scholastic, and Warner Bros. Records, Inc.

Representative matters include:

• Represented major music publishers in copyright infringement class action challenging service provided by XM Satellite Radio that allows end-users to record and permanently store, on portable ipod-like devices, content broadcast by XM.
• Represented major digital service providers and record labels in putative copyright infringement class action challenging exploitation of musical compositions contained in sound recordings being sold as digital downloads. Plaintiffs voluntarily dismissed the case after limited discovery.
• Successfully represented a national placement firm in obtaining a temporary restraining order against former employees and employees' new employer in trade secret misappropriation and breach of contract action.
• Represented national not-for-profit in trademark dispute against competing not-for-profit using confusingly similar name. Successfully resolved the dispute pre-litigation in a settlement that included, among other things, agreement by competing organization to cease use of confusingly similar name.
• Obtained appellate victory in copyright infringement action before the United States Court of Appeals for the Fifth Circuit, reported at Armour v. Knowles, 512 F. 3d 147 (5th Cir. 2007). Obtained affirmance of lower court ruling on an alternative ground of "access" not relied upon by court below which strengthened the ability of defendants to obtain early dismissals of actions based on speculative "access" theories.
• Obtained summary judgment in favor of defendants in copyright infringement action, and affirmance of judgment on appeal, based upon expert musicological discovery demonstrating that works at issue were not substantially similar as a matter of law, reported at Johnson v. Gordon, 409 F.3d 12 (1st Cir. 2005).
• Defended legislative committee before highest state court in Connecticut in case of first impression throughout the United States regarding right of legislative committee to subpoena testimony of sitting Executive. Successfully defeated the Office of the Governor's attempt to quash subpoena calling for the Governor to testify before the committee, as reported at Office of the Governor of Connecticut v. The Select Committee of Inquiry, 269 Conn. 850, 850 A.2d 181 (2004).  Also successfully represented committee in connection with various litigations regarding validity of subpoenas served on third parties.
• Won bench trial voiding the award by New York City of a major leasehold; judgment reversed on appeal on standing grounds. Won ruling that City's Business Integrity Commission was failing to comply with its mandatory statutory duties, in related mandamus proceeding against that City agency.
• Represented plaintiff in trade secret misappropriation claim against firm providing computer consulting services to a financial services firm. The case was successfully resolved after the entry of a temporary restraining order against defendants.
• Represented major record company in tortious interference and copyright infringement claims relating to guest artist performances by the artist known as "Lil Jon" and the company's exploitation of numerous songs co-owned by the plaintiff. Case was successfully resolved.
• Represented major record company in contract action alleging breach of the covenant of good faith and fair dealing and fraud.  Obtained dismissal of action on early motion for summary judgment, which dismissal was affirmed on appeal, as reported at Keifer v. Sony Music Entertainment, Inc., 778 NYS2d 496 (1st Dep't 2004).
• Obtained summary judgment for author Frank McCourt in action brought by producer seeking percentage of profits from Pulitzer Prize winning book and feature film "Angela's Ashes," reported at Houlihan v. Frank McCourt, 2002 WL 1759822 (H.D.Ill. 2002).
• Defended motion picture company in defamation and right of publicity case brought by individual depicted in the feature film "Donnie Brasco." In a decision reported at Cerasani v. Sony Pictures Entertainment, 991 F.Supp. 343 (S.D.N.Y. 1998), the court granted defendant's motion to dismiss the complaint on the ground that the plaintiff was "libel proof" as a matter of law.
• Represented Kareem Abdul-Jabbar in successfully appealing dismissal of his Lanham Act and right of publicity claims concerning the use of his former name Lew Alcindor in a television commercial. In case of first impression, reported at Abdul-Jabbar v. General Motors Corp., 75 F.3d 1391 (9th Cir. 1996), as amended, 85 F.3d 407, the Ninth Circuit held that an individual cannot abandon trademark or publicity rights in his or her own name.

Professional Activities, Publications and Honors

• Recognized in 2007 and 2008 by The Legal 500 US: Volume III (Litigation) as one of the leading trial and intellectual property lawyers in the U.S.
• Member, Planning Committee of the New York Chapter of The Copyright Society of the USA.