contact information
P (212) 705 4833
F (347) 438 2133
cdecter@fkks.com
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areas of expertise
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Caren Decter is a partner in the Litigation Group, with nearly 20 years of experience representing clients in the advertising, art, consumer goods, and media and entertainment industries on intellectual property and complex contractual disputes, as well as consumer class actions and white collar criminal matters. She is recognized by Best Lawyers in America (2024-2025), The Legal 500 (2024) and Super Lawyers (2021-2024) as a leading lawyer in her field.
Clients benefit from her skill in managing complex litigation aggressively and efficiently, as well as her responsiveness and ability to forge creative solutions to complicated problems before they grow into drawn-out litigation.
Her recent work includes:
- Obtaining dismissal—on copyright preemption grounds—of competitor’s contract claim alleging breach of anti-reverse engineering clause.
- Obtaining dismissal of copyright claims against the world’s largest online clearinghouse of stock 3D models;
- Obtaining dismissal on summary judgement of a $30 million art fraud complaint;
- Obtaining dismissal of breach of fiduciary duty and contract claims against commercial bank;
- Representing leading educational publisher in trademark infringement and breach-of-contract litigation against Vanderbilt University;
- Representing museum in World War II restitution case;
- Defending numerous clients in consumer class actions and mass arbitrations arising under state and federal law, including consumer protection statutes, the California wiretapping statute (CIPA), the Video Privacy Protection Act (VPPA), the Lanham Act, and the Americans with Disabilities Act (ADA);
- Responding to and resolving CCPA Notice of Violation letters from the California Office of the Attorney General for industry clients;
- Representing advertising agency in connection with a criminal antitrust investigation; and
- Drafting U.S. Supreme Court amicus brief in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith discussing the impact of the fair use ruling on documentary filmmakers.
Ms. Decter takes on significant pro bono matters. The Anti-Defamation League awarded Ms. Decter and several of her colleagues the Edward Brodsky Founders Award in recognition of their work on an amicus brief arguing against President Trump’s travel ban.
Ms. Decter is on the Board of Directors for the New York County Lawyers Association Foundation and a member of the Federal Courts Committee of the NYC Bar Association. Prior to joining Frankfurt Kurnit, Ms. Decter was an attorney with Willkie Farr & Gallagher LLP, where she represented clients in complex commercial litigations. She also clerked for the Honorable Colleen McMahon, Judge of the United States District Court for the Southern District of New York.
She is admitted to practice in New York and New Jersey, and the federal courts in the Southern and Eastern Districts of New York, the District of New Jersey, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court.
awards & recognition
2024 The Legal 500
2024 - 2025 Best Lawyers in America
2021 - 2024 New York-area "Super Lawyer" by Super Lawyers magazine
2019 and 2021 40 & Under Hot List by Benchmark Litigation
2015 - 2017 New York-area "Rising Star" by Super Lawyers magazine
education
University of California, Berkeley School of Law (J.D.)
-Articles Editor of the California Law Review
Washington University in St. Louis (B.A., summa cum laude)
Upcoming Speaking Engagements
Breaking Ties: What You Must Know Before Suing Your Business Partner
Ronald C. Minkoff and Caren Decter are speakers for the session, "Breaking Ties: What You Must Know Before Suing Your Business Partner" during a webinar hosted by myLawCLE.
January 9 2025
Past Speaking Engagements
IAB State Privacy Law Summit 2024
Rick Borden is a panelist for the session, "Understanding the Data Broker Regulatory Landscape: Compliance Strategies for Data Brokers Regulatory Requirements under Evolving Privacy Laws," Caren Decter is a panelist for the session, "New Trends in Pixel Litigation: Unpacking the Recent Wave of CIPA and State Wiretapping Claims," and Daniel M. Goldberg is a panelist for the session, "Insights into State Privacy Law Enforcement Trends and Effective Compliance Strategies" during IAB's 2024 State Privacy Law Summit held at our NYC office. Details here.
November 19 2024
Tricky Tracking: Navigating the Latest CIPA, Legal Changes, & Their Impacts
Caren Decter is a panelist for the session, "Tricky Tracking: Navigating the Latest CIPA, Legal Changes, & Their Impacts" during a webinar for Relyance AI. Details here.
August 30 2024
Frankfurt Kurnit’s 2nd Annual Tech Law Summit
Please join us for Frankfurt Kurnit's second annual Tech Law Summit at our offices in downtown Manhattan on Thursday, May 2, 2024. The event will be held in person only, and space is limited. Read more.
May 2 2024
Navigating the Net - Legal Insights into Trackers, Terms, and Arbitration
Caren Decter, Daniel M. Goldberg, and Hannah Taylor are panelists during the webinar, "Navigating the Net: Legal Insights into Trackers, Terms, and Arbitration" hosted by TechGC. Details here.
April 16 2024
DOC NYC | Fair Use Post-Andy Warhol Foundation v. Goldsmith
Caren Decter and Melissa Georges present, “Fair Use Post-Andy Warhol Foundation v. Goldsmith,” during DOC NYC’s the Business of Documentary. The panel is moderated by filmmaker and producer Tracie Holder. Filmmakers Byron Hurt and Melanie Vi Levy are also part of the panel. Details here.
November 15 2023
Considerations for Terms of Service
Caren Decter and Hannah Taylor present, "Considerations for Terms of Service." Read more.
October 5 2023
What the Supreme Court’s Decision in Warhol Means for Copyright Law
In this webinar moderated by Edward H. Rosenthal, our panel of experts including Nicole Bergstrom, Caren Decter, Melissa Georges, and Jeremy Goldman discuss the Warhol decision and its impact on various creative endeavors. Read more.
June 7 2023
DOC NYC | Warhol Foundation vs. Goldsmith: A New Test for “Fair Use” By Filmmakers?
Lisa E Davis, Caren Decter, and Melissa Georges present, "Warhol Foundation vs. Goldsmith: A New Test for 'Fair Use' By Filmmakers?" during DOC NYC's Funding Day.
November 10 2022
The Business of Art
Caren Decter joins panelists to discuss how to enter and navigate the art world during a Washington University alumni event. More information here.
October 25 2022
From NFTs to Andy Warhol to New Legislation: Current Developments in Copyright
Join our Intellectual Property attorneys for our upcoming copyright law webinar. Read more.
May 11 2022
WashU Fashion Law Panel Discussion
Caren Decter speaks on the WashU Fashion Law Panel via Zoom.
October 22 2021
Internationalist Roundtable Discussion: Disability & Inclusion—Marketing & Legal Considerations
Caren Decter speaks on “Disability & Inclusion—Marketing & Legal Considerations” during an Internationalist Roundtable Discussion. Listen to the podcast here or watch on YouTube here.
August 25 2021
ADA Digital Accessibility Legal Trends in 2021
Ensuring that your website, mobile applications and social media are accessible to persons with disabilities is not only a sign of inclusion and good corporate citizenship: it’s also a legal requirement. This webinar will provide an update on the legal landscape and tips to ensure your digital presence meets current legal standards for accessibility. Read more.
February 23 2021
What’s Happening in Copyright Law? Part II
Does your business depend on copyright ownership and licensing, or rise and fall with changes in copyright law? Do you use content created by others or worry that your content is going to be stolen? Are you susceptible to copyright claims from third parties or trolls? If so, please join us remotely for part two of the Frankfurt Kurnit CLE (CA & NY credit) update on current hot topics in copyright law. (Note: part one is not a prerequisite for part two.) Read more.
August 13 2020
Hot Issues in Patent, Trademark and Copyright Law in the Federal Courts
Caren Decter presents “Hot Issues in Patent, Trademark and Copyright Law in the Federal Courts” during a panel sponsored by the New York County Lawyers Association. More information here.
March 27 2019
news & press
Online Coffee Retailer Defeats Website Accessibility Claims in Federal Court
One of the largest areas of current legal exposure for companies arises from their own websites. That’s because over the past several years, plaintiffs have filed thousands of lawsuits alleging that company websites are inaccessible to consumers with visual or hearing impairments—in violation of the Americans with Disabilities Act (ADA) and related state laws. Read more.
Frankfurt Kurnit Attorneys Named to New York Metro Super Lawyers List for 2024
Super Lawyers magazine lists 42 attorneys in its 2024 edition. Read more.
Judge Finds Golf Simulator Original Enough, At Least for Now
Law360 mentions Caren Decter and Jeremy S. Goldman as counsel to businessman Davor Bogavac and GSP Golf AB. A U.S. District Judge in the Southern District of New York ruled that GSP Golf AB had developed a golf simulator interface that could meet the "modest requirements of originality" in a copyright case arising from a lawsuit by rival company Perfect Golf. View Article
The Best Lawyers in America 2025
Best Lawyers in America recognizes 48 Frankfurt Kurnit attorneys in the 2025 edition. Read more.
Frankfurt Kurnit in The Legal 500 2024
The Legal 500 praises four of our practice groups in 2024: Advertising & Marketing, Media & Entertainment, Advertising & Marketing (Litigation), and Cyber Law (Data Privacy & Data Protection). The London-based directory spotlighted thirty of our attorneys individually. Read more.
39 Frankfurt Kurnit Attorneys Named to Super Lawyers New York Metro List for 2023
Super Lawyers magazine lists 39 Frankfurt Kurnit attorneys in its 2023 NY-metro edition. Read more.
The Best Lawyers in America 2024
Best Lawyers in America recognizes 44 Frankfurt Kurnit attorneys in the 2024 edition. Read more.
Amici: How a Painting of Prince Could Threaten Documentary Filmmaking
Law Dork speaks with Caren Decter about the Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith case and why documentary filmmakers are focused on the case. Read more.
Thirty-four Frankfurt Kurnit Attorneys Named to Super Lawyers New York Metro List for 2022
The list includes: Christopher R. Chase, Victoria Cook, Lisa E. Davis, Caren Decter, Catherine M.C. Farrelly, Michael P. Frankfurt, Hayden Goldblatt, Jeffrey A. Greenbaum, John B. Harris, Richard B. Heller, Richard Hofstetter, Nicole Hyland, Candice Kersh, Brian E. Maas, Richard Maltz, Jeffrey Marks, Kimberly Maynard, Mark Merriman, Ronald C. Minkoff, Brian G. Murphy, Edward H. Rosenthal, Terri Seligman, Barbara E. Shiers, Wendy Stryker, Hannah Taylor, Linda Wank, S. Jean Ward, and Maura Wogan. Aaron Deitsch, Christina Jenkins, Sasha Levites, Tyler Maulsby, Jordyn Milewski, and Adam Osterweil are listed as “Rising Stars.” Read more.
More Than 2,000 Women Partners Issue Call to Action Post-‘Dobbs’
Partners Victoria Cook, Lisa E. Davis, Caren Decter, Catherine Farrelly, Julie Murray, Amy Nickin, Terri Seligman, Hannah Taylor, and Linda Wank signed a letter, and call to action, in the wake of the Supreme Court's ruling in Dobbs v. Jackson Women’s Health Organization. (Behind paywall) View Article
U.S. Department of Justice Issues New Guidelines for Website Accessibility
The Small Business Association of Michigan cites Caren Decter in the article, “U.S. Department of Justice Issues New Guidelines for Website Accessibility.” View Article
Website Accessibility: Department of Justice Issues New Guidance
On March 18, 2022, the Department of Justice ("DOJ") published guidance on website accessibility. The guidance focuses on how state and local governments (Title II of the ADA) and “public accommodations” (Title III of the ADA) can remove unnecessary barriers that make it difficult or impossible for people with disabilities to use websites. Read more.
Thirty-four Frankfurt Kurnit Attorneys Named to Super Lawyers New York Metro List for 2021
The list includes: Christopher R. Chase, Victoria Cook, Lisa E. Davis, Caren Decter, Catherine M.C. Farrelly, Michael P. Frankfurt, Hayden Goldblatt, Jeffrey A. Greenbaum, John B. Harris, Richard B. Heller, Richard Hofstetter, Nicole Hyland, Candice Kersh, Rick Kurnit, Brian E. Maas, Richard Maltz, Jeffrey Marks, Kimberly Maynard, Mark Merriman, Ronald C. Minkoff, Brian G. Murphy, Edward H. Rosenthal, Terri Seligman, Thomas D. Selz, Barbara E. Shiers, Wendy Stryker, Linda Wank, S. Jean Ward, and Maura Wogan. Marcie Cleary, Christina Jenkins, Sasha Levites, Tyler Maulsby, and Adam Osterweil are listed as “Rising Stars.” Read more.
Benchmark Litigation: 40 & Under Hot List Northeast
Caren Decter is named to Benchmark Litigation’s 40 & Under Hot List for 2021. View Article
Lawsuits Pile Up Against M.I.A. New York Real Estate Lawyer Mitchell Kossoff
Reuters quotes Caren Decter on placing Kossoff PLLC into a receivership. View Article
Kossoff PLLC Attys Resign Amid Firm’s Mounting Legal Woes
Law360 quotes Ronald C. Minkoff and Caren Decter on their representation of several attorneys that have resigned from real estate firm Kossoff PLLC. View Article
Courts Grapple with Virtual Proceedings in Quarantined New York
MarketWatch quotes Caren Decter on the immediate cash flow concerns due to the hold on nonessential court filings for current cases in New York State courts. View Article
Frankfurt Kurnit in Chambers 2020
For the sixteenth consecutive year Chambers and Partners included Frankfurt Kurnit practice groups & attorneys. The 2020 guide praised our Advertising, Entertainment and Intellectual Property practices. In addition, 13 of our attorneys are ranked individually. Read more.
Benchmark Litigation: 40 & Under Hot List - Northeast 2019
Caren Decter is named to Benchmark Litigation’s 40 & Under Hot List for 2019.
Subcontractor Can’t Duck $8.7M Home Depot Damages Award
Law360 mentions Caren Dector as counsel to an injured worker in a lawsuit against Home Depot and its subcontractor Bryan’s Home Improvement Corp. (Behind paywall) View Article
ADA Website Accessibility Lawsuits: What Companies Need to Know
Plaintiffs have filed thousands of lawsuits (including class actions) alleging that commercial websites are not accessible to the blind or visually impaired in violation of the Americans with Disabilities Act of 1990 (the “ADA”) and corresponding state laws. Read more.
Are You Ready for the New York Cybersecurity Regulations’ September 3rd Deadline?
Financial institutions and insurance companies operating in New York have until September 3, 2018 to comply with the next phase of New York's Cybersecurity Regulations. Here's what you need to know to avoid regulatory scrutiny. Read more.
The Legal Battle Against the Trump “Travel Ban” Goes to the Supreme Court
We filed a friend-of-the-court brief in the United States Supreme Court on behalf of our client, the Anti-Defamation League, and other civil rights organizations, in support of Hawaii’s challenge to President Trump’s Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” John B. Harris led the Frankfurt Kurnit drafting team that included Caren Lerner Decter, and Jeremy S. Goldman. View Article
New York Law Journal - On the Move
The New York Law Journal covered Frankfurt Kurnit’s promotion of Caren Decter and Hayden Goldblatt to partner positions. (Article behind paywall) View Article
Frankfurt Kurnit Law Firm Promotes Top Litigation and Entertainment Lawyers to Partner
January 3, 2018, New York, N.Y. - Frankfurt Kurnit Klein + Selz, PC has elected Caren Decter and Hayden Goldblatt as partners effective January 1st, 2018. Read more.
After Tearful Apology, Star Dewey & LeBoeuf Witness Avoids Jail
The New York Law Journal mentions Caren Decter as attorney for Francis Canellas, a key witness in the case arising from the collapse of Dewey & LeBoeuf.
Super Bowl All-Nighter Leads to Award-Winning Travel Ban Brief
The Anti-Defamation League (ADL) awarded our law firm the Edward Brodsky Founders Award in recognition of our work for the ADL in the Trump “travel ban” cases. Bloomberg BNA and The New York Law Journal summarized our amicus brief arguments, covered our award, and explained how our brief came together.
ADL New York Honors Frankfurt Kurnit
The ADL New York region is presenting Frankfurt Kurnit with an award for our pro bono efforts in opposing the immigration ban. The award will be given at ADL’s annual meeting on Tuesday, June 20, 2017 at the Jewish Museum, 1109 5th Avenue.
Federal Appeals Court Affirms Injunction Against President Trump’s “Travel Ban”
CNN posted the Fourth Circuit Court of Appeals decision in International Refugee Assistance Project v. Trump, upholding the district court’s nationwide preliminary injunction order against President Trump’s Executive Order 13780. Frankfurt Kurnit drafted an amicus curiae brief on behalf of the Anti-Defamation League, Jewish Council for Public Affairs, Union for Reform Judaism, Central Conference of American Rabbis, and Women of Reform Judaism. View Article
State of Washington v. Donald J. Trump, No. 17-35105 (9th Cir.)
We filed a friend-of-the-court brief on behalf of our client, the Anti-Defamation League, in support of Washington and Minnesota’s challenge to President Trump’s Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” You can read our brief here.
Forfeiture and Restitution: Ships Passing in the Night?
The New York Law Journal published Brian Maas and Caren Decter’s essay about the disconnect between the government’s forfeiture powers and a victim’s right to restitution. (Article behind paywall) View Article
NY Court Expands Protections for Employers to Safeguard Proprietary Information
Yesterday a New York State appeals court reinstated the conviction of a former Goldman Sachs computer programmer under New York's unlawful use of secret scientific material statute. In doing so, the court gave a twenty-first century voice to a statute that was written in the age of blueprints and photocopiers. Read more.
Thirty-four Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-four Frankfurt Kurnit attorneys in its 2016 edition. Read more.
Frankfurt Kurnit Promotes Caren Decter and Hayden Goldblatt to Counsel
Frankfurt Kurnit Klein & Selz, PC has elected Caren Decter and Hayden Goldblatt as counsel effective January 1st, 2016. Read more.
Thirty-three Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2015
Super Lawyers listed thirty-three Frankfurt Kurnit attorneys in its 2015 edition. Read more.
A Spirit of “Cooperation”: What You Need to Know About the DOJ’s New Enforcement Policies
On Wednesday the U.S. Department of Justice (DOJ) issued a memorandum outlining new policies and procedures for United States Attorneys in corporate investigations (the "Memo"). Read more.
New York Law Journal Covers Komolov v. Segal Art Litigation Win
The New York Law Journal has a page 1 story about our win for our art industry clients, David Segal and Mohamed Serry. The article quotes Brian Maas. Jeremy S. Goldman, Caren Decter, and Nicole Bergstrom were also on the team. (Article behind a paywall) View Article
Art Industry Clients Get a Big Win
The Frankfurt Kurnit Litigation team registered a big win for clients David Segal and Mohamed Serry, two New York-based art and antiques dealers. Read more.
Ex-Dewey Partner Can’t Sue Barclays In Federal Court
Law360 listed Ronald Minkoff and Caren Decter as counsel in the matter of McMillan v. Barclays Bank PLC.
Why Jewel V. Boxer is Wrong
The American Bar Association published Caren Decter and Ronald Minkoff's article on the impact of the Jewel v. Boxer. View Article
New FCPA Guidance for US Companies Doing Business Overseas
The Foreign Corrupt Practices Act ("FCPA") was enacted by Congress in 1977 in response to "revelations of widespread global corruption", including allegations that numerous U.S. companies had paid hundreds of millions of dollars to bribe foreign government officials to obtain or retain overseas business. The FCPA includes substantial criminal penalties for both businesses and individuals found to have made prohibited payments, and also gives both the Department of Justice and the Securities and Exchange Commission the authority to pursue civil enforcement actions. Read more.
California Court Finds California Resale Royalties Act Unconstitutional
Ipfrontline featured Caren Lerner's article about how the California Resale Royalties act violated the dormant Commerce Clause of the Constitution.
Court Clears Use of YouTube-famous “Flying Rabbi” in Humor Sketch
The use of someone without permission in entertainment can trigger a lawsuit for "commercial appropriation of likeness." And so it was recently when "Jimmy Kimmel Live" created a video mocking a 2010 "business meeting" between basketball star LeBron James and a rabbi. Read more.