Published Articles
The Right of Publicity
The NYSBA Entertainment, Arts, and Sport Law Journal published Edward H. Rosenthal's article on the "Right of Publicity".
March 22, 2013
Frankfurt Kurnit strives to maintain a diverse and inclusive workplace. We firmly believe that valuing and promoting diversity is a core value for all successful businesses because diverse teams drive superior results for clients.
We are signatories to the New York City Bar’s Statement of Diversity Principles and supporters of numerous diversity-focused organizations. Our firm’s Diversity Committee meets regularly to discuss ways in which the firm can further its commitment to diversity through policies and internal programs. The firm also regularly organizes and sponsors external programs that focus on diversity in media, entertainment and the legal profession.
Co-Chair of the Diversity Committee Lisa E. Davis and Co-Chair of the Racial Justice Task Force Terri Seligman were recognized by The New York Law Journal as 2022 Diversity Initiative honorees. Lisa and Terri were included in a list of seven lawyers that have made a significant contribution to progressing diversity and inclusion efforts in New York’s legal community.
At Frankfurt Kurnit we are committed to building and maintaining a diverse workplace at all levels of the firm. We maintain relationships with several diversity-focused organizations and emphasize our commitment to diversity in the recruiting process.
The firm maintains mentorship and sponsorship programs to help younger attorneys of color focus on business development and advancement at the firm.
The firm also regularly participates in The New York City Bar Association’s Thurgood Marshall Program, a summer internship program for diverse high school students interested in careers in law.
We regularly host diversity events for our clients, attorneys, and staff. Below are some of the diversity-themed discussions we have hosted:
• In celebration of Black History Month 2025, Martha S. Jones, history professor at John Hopkins University, spoke to the firm about birthright citizenship.
• Philip Lewis, senior front page editor at HuffPost and prominent Black journalist, and inspirational attorney Afrika Owes spoke to the firm on media representation, public perception and the power of storytelling in shaping racial equity, for Frankfurt Kurnit’s third annual Racial Justice Day.
• In celebration of Asian American and Pacific Islander Heritage Month, the Diversity Committee hosted a talk with NYU Tisch School of the Arts Professor Karen Shimakawa on historical representations of Asian Americans and Pacific Islanders in the American political space and how those representations have transformed and morphed overtime to the present day.
• Philip Lewis, senior front page editor at HuffPost and prominent Black journalist, dedicated to raising awareness on issues concerning the Black community, spoke at the firm for Frankfurt Kurnit's second annual Racial Justice Day.
• Author, founder, and managing director of Nextions, Dr. Arin Reeves, presented on "Creating an Inclusive Culture in Today’s Hybrid Workplace."
• In celebration of Black History Month, director Kamilah Forbes joined us for a discussion of the “Music” episode (S1 E3) of Hulu’s “The 1619 Project.”
• In 2022, we presented a Mock Interview Program for Brooklyn Law School student groups (including Black Law Students Association and Latin-American Students Association).
• Professor Tanya Hernandez, Fordham Law Center on Race, Law & Justice, and author of Racial Innocence: Unmasking Latino Anti-Black Bias and the Struggle for Equality spoke to the firm during The Racial Justice Taskforce's inaugural Racial Justice Day.
• In honor of Juneteenth, 2022, Frankfurt Kurnit participated in the American Bar Association’s 21 Day Racial Equity Habit Building Challenge. The goal was “to assist each of us to become more aware, compassionate, constructive, engaged people in the quest for racial equity.” The Challenge asks participants to engage daily with educational media including articles, videos and podcasts over a 21 day period. Each day from May 20, 2022 to June 17, 2022 our Diversity Committee shared the day’s assignment with all attorneys and staff. The full list of daily materials is available here.
• Southwestern Law School Professor (and Frankfurt Kurnit Alumni) Kevin J. Greene presented to the firm on the subject of racial inequalities in the music industry. His presentation included a description on how copyright law and formalities has led to and exacerbated the exploitation of Black artists and the misappropriation of their works.
• Clint Smith, best-selling author, poet, and scholar joined us virtually for an in-depth conversation exploring the legacy of slavery and its imprint on centuries of American history.
• The Frankfurt Kurnit Racial Justice Task Force hosted a film club discussion on the documentary Summer of Soul, the acclaimed documentary by Ahmir "Questlove" Thompson about the 1969 Harlem Cultural Festival.
• Members of our LA office spent time in nature and got to know new colleagues while bearing witness to a historic moment of land reclamation during a picnic-style outing at the oceanfront park of Bruce’s Beach in Manhattan Beach, CA. California recently agreed to return Bruce’s Beach to the black descendants of its original owners—the Bruce Family, who owned and established the beach as a public gathering space for black beachgoers at the turn of the 20th century. Manhattan Beach took the property from the Bruce Family in the late 1920s.
• Frankfurt Kurnit attorneys and staff participated in a volunteer day at the SPY Garden in West LA – a community garden with a sustainable food system to help address food inequality issues for the local homeless population.
• The Frankfurt Kurnit Racial Justice Task Force organized a New York City Slavery and Underground Railroad Walking Tour for attorneys and staff in our New York office.
• Legendary author Walter Mosley held a virtual discussion of his literary work – with a focus on his Black male heroes. Mr. Mosley is perhaps best known for his 15 novels featuring detective Easy Rawlins.
• Camille Gear Rich, J.D., the principal of Rich Diversity Consulting (RDC) and Carol Ross-Burnett, principal of CRB Global LLC, presented the training session “Debiasing Your Recruiting Process: Implicit Bias, Institutional Bias, and the Role of Anti-Blackness in Attorney Hiring.”
• Anu Gupta, Founder & CEO of Be More America presented the training session “Hacking Implicit Bias.”
• Laurie N. Robinson Haden, Senior Vice President and Assistant General Counsel at CBS Corporation and Lou Briskman, Retired General Counsel at CBS Corporation presented "Building Impactful Mentoring Relationships" to our attorneys and alumni.
• Name Changes: Representing Low-Income Transgender Clients. A session that addresses the legal underpinnings of name changes in New York, the mechanics of filing and publication, cultural competency and techniques for working effectively with low-income transgender clients.
• RBG. A revelatory documentary about the exceptional life and career of U.S. Supreme Court Justice Ruth Bader Ginsberg, whose legacy on sex discrimination law and Supreme Court jurisprudence has been transformative, and who has become an unexpected pop culture icon.
• Dr. Arin Reeves of Nextions presented a training session for our attorneys titled “Giving and Receiving Effective Feedback.”
• Women in Technology - Challenges and Opportunities. A conversation about the struggle to break in and advance -- and how companies struggle with mentorship, sponsorship and inclusion from the perspective of women leaders in the technology industry.
• The Armor of Light. An Emmy Award winning documentary about a minister's crusade to change his followers' views on guns, by filmmaker Abigail E. Disney. Ms. Disney was present for the thought-provoking talk back.
• "Bystander Intervention Training," led by Debjani Roy, Deputy Director of Hollaback!, a nonprofit organization focusing on the prevention of public harassment through nonviolent interventions.
• “Navigating and Understanding Generational Differences” – an extremely valuable session designed to optimize communication between younger and older colleagues, taught by Dr. Arin Reeves, of Nextions.
• The Experiences of Muslims in America. A discussion moderated by Albert Cahn, Legal Director of the New York Chapter of the Council on American Islamic Relations focusing on “Love Thy Neighbor?” a Washington Post article, “Muslims and Islam: Key Findings in the U.S. and Around the World” an article from the Pew Research Center, “African Muslims in Early America” an article from the National Museum of African American History & Culture, “History of Islam in America” a C-Span interview, and “Banned Together – Part 3” an episode from the Buzzfeed Podcast “See Something, Say Something.”
• Interactive training session for our attorneys titled Inclusive Intelligence: Think, Practice & Serve Clients Better by Recognizing, Understanding and Interrupting Your Unconscious Biases, presented by Dr. Arin Reeves of Nextions.
• ”Can We Talk About Whiteness,” a podcast from NPR CodeSwitch, “White Privilege: Unpacking the Invisible Knapsack,” an article by Peggy McIntosh, and “Choosing a School for My Daughter in a Segregated City,” a New York Times article by Nikole Hannah-Jones. The discussion was moderated by Dennis Chin of the Center for Social Inclusion.
• “Building Successful Diverse Teams” taught by Cornell University Adjunct Instructor Shelley Greenwald. Ms. Greenwald's training focused on the range of different "working styles" and how to bridge them; and the skills necessary for supervisors to provide valuable reviews.
• The Return of the Sex Wars. A New York Times Magazine article by Emily Bazelon highlighting the decades-old intellectual debate simmering beneath the current conversation over sexual assault on campus.
• Labor Pains. A New Republic article written by Rebecca Traister about the impact of pregnancy on work and career.
• What Ruth Bader Ginsburg Taught Me About Being a Stay-at-Home Dad. An article written for the Atlantic by Ryan Park.
• The Case for Reparations. A 2014 Atlantic article by Ta-Nehisi Coates, which addresses the legal, moral, social and economic issues surrounding the question of reparations for African Americans. Dr. Khalil Muhammad of the Schomburg Center for Research in Black Culture moderated the discussion.
• Off and Running. Nicole Opper and Sharese Bullock-Bailey produced this Emmy-nominated documentary film. It tells the incredible coming-of-age story of Avery - an African-American teen whose parents are white Jewish lesbians and whose two adopted brothers are mixed-race and Korean. Our attorneys, staff and firm alumni enjoyed the film and a talk-back with the producer.
• Growing Up Trans. A documentary created for PBS's Frontline by award-winning filmmakers Miri Navasky and Karen O'Connor. The filmmakers were on hand for a talk back post-film, sparking a great discussion.
• Covering – The Hidden Assault on our Civil Rights. NYU Professor Kenji Yoshino’s seminal work.
• Double Life. Written by Alan Shayne and Norman Sunshine, Double Life is a dual memoir by a gay couple who thrived for decades in the highest reaches of the entertainment, art and advertising worlds while hiding their relationship.
• Estate Planning for LGBT Couples. A discussion with some of our Trusts and Estates experts.
• Burying the Lede: Race, Gender, and Religion in the Media. A Gotham Media Digital Breakfast.
• Freedom Riders and the Loving Story. Award-winning films about seminal civil rights events.
• US Supreme Court decisions. Presentation by Sherrilyn Ifill, the President & Director-Counsel of the NAACP Legal Defense and Educational Fund. Ms. Ifill discussed several of the most significant US Supreme Court decisions from the 2013 term – including the Voting Rights Act, affirmative action, and marriage equality cases.
Our lawyers are members of numerous diversity focused organizations, including:
• Empire State Pride Agenda
• Broadway Backward/Broadway Cares
• The Asian American Legal Defense Education Fund
• The Council of Urban Professionals
• Corporate Counsel Women of Color
• The NAACP Legal Defense Fund
• New York Women in Film and Television
• The Trickle Up 100 Women Campaign
• The New York Women’s Agenda
• The Studio Museum in Harlem
• GLINTA (an association of gay and lesbian trademark professionals)
• Anti-Violence Project
• Coalition for Asian American Children and Families
• New York Civil Liberties Union
The Frankfurt Kurnit Diversity Committee is Co-Chaired by partners Lisa E. Davis and Wendy Stryker, and includes: Tiffany Caterina, Tyler Maulsby, Maria Nava, Jacqueline Obispo, Dorian Slater Thomas, Alycia S. Tulloch, and Larry Welch. In 2023, we were proud to have been honored by Lawyers of Color (LoC) with their Aspire Diversity Award given to law firms satisfying specific DE&I standards.
Frankfurt Kurnit is a diverse and inclusive law firm both in composition and practice. The employees of our firm comprise different genders, races, sexual orientations, ethnicities, and other protected employee classifications. We are committed to maintaining and promoting a diverse and inclusive workplace and are proud to state publicly that:
Our commitment to diversity is fundamental to our firm culture, critical to our ability to attract the best professionals and staff, and essential to the effective delivery of high quality legal services to our clients of all backgrounds.
We pledge to consider implementing a supplier diversity program such as that recommended by the National Supplier Diversity Council. Where appropriate, we would be pleased to partner or act as co-counsel with Minority and Women’s Business Enterprises in the legal community and in other industries.
If you have any questions about Frankfurt Kurnit's diversity initiatives, please contact Lisa E. Davis at (212) 826-5530 or ldavis@fkks.com.
The NYSBA Entertainment, Arts, and Sport Law Journal published Edward H. Rosenthal's article on the "Right of Publicity".
March 22, 2013
Recent changes in available domain names may open up new possibilities for trademark infringement. Read more.
March 18, 2013
Yesterday, the staff of the Federal Trade Commission issued new guidance to advertisers about how to make effective disclosures in digital advertising. Updating the 2000 "Dot Com Disclosures" guidance, the new guidance, ".com Disclosures: How to Make Effective Disclosures in Digital Advertising," addresses technological developments over the last 10+ years, including the increased use of smart phones for advertising and social media marketing. Read more.
March 13, 2013
Media Post Online quoted Jeffrey A. Greenbaum about warning advertisers to review how their websites function on mobile devices. View Article
March 12, 2013
The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay standards for employees. How you classify employees under the FLSA is critical: there's a lot of money involved, and a mistake can lead to audits, class action lawsuits, and unnecessary expense. Two recent cases have focused on an especially difficult area of classification law - the so-called "creative professional exemption." It's an area of particular import for owners and managers in creative industries. Read more.
March 12, 2013
Terri Seligman was quoted by Advertising Age on regulations by the Food and Drug Administration and Federal Trade Commission. View Article
March 11, 2013
One of the disturbing trends for advertisers over the last few years has been the class action bar's interest in NAD decisions and its review of such decisions to provide fodder for consumer fraud cases. As a result, advertisers and challengers have had to consider the risk of a class action pile-on when engaging in cases at NAD. A recent court decision, however, may help to dampen the class action bar's interest in using the self-regulatory forum's decisions as a weapon. Read more.
March 8, 2013
The American Bar Association published Caren Decter and Ronald Minkoff's article on the impact of the Jewel v. Boxer. View Article
March 5, 2013
Plaintiffs alleging sex discrimination in cases of same-sex harassment often have a more difficult row to hoe than plaintiffs complaining of opposite-gender harassment. For example, employers have sometimes been able to dismiss same-sex sexual harassment claims by arguing the offending words or actions did not express actual sexual desire or arise from perceived sexual orientation. But these arguments do not always work, as a New York employer learned this week. Read more.
March 4, 2013
The Disciplinary Board of the Supreme Court of Pennsylvania's Attorney featured Nicole Hyland's article on the "Ethics of Social Media Use" in its newsletter.
March 1, 2013
When an employment situation deteriorates, one high-stakes question is whether an employer will have to make a contractually guaranteed severance payment. Severance payments can be substantial. But an employer who takes the position an employee resigned and is not entitled to severance may find itself in an expensive litigation. Read more.
February 20, 2013
The Federal Trade Commission issued a staff report on Friday recommending ways for participants in the mobile ecosystem to improve their mobile privacy disclosures. The report includes guidance tailored for key commercial players involved in the mobile area, including platforms (such as Apple's iOS and Google's Android), app developers, certain third parties (such as ad networks and analytics companies), and trade associations. Read more.
February 8, 2013
Deadline listed Amy Nickin as counsel to James Wolk in his deal to co-star in Crazy Ones on CBS. View Article
February 7, 2013
In December, an FTC order barred Epic Marketplace, Inc. from continuing a practice known as history sniffing. The technology employed by the company allowed them to track sensitive information including certain medical and financial information for millions of consumers. Read more.
February 6, 2013
The BTI Consulting Group ranked Edward H. Rosenthal as one of 19 "Topflight IP Attorneys" for excellence in client service, based on a survey of 240 corporate counsel.
February 5, 2013
In early 2012, Zappos, a division of Amazon, was the victim of an enormous customer data breach affecting 24 million records. Class action attorneys filed cases against the online shoe retailer citing multiple breaches of contract and privacy violations. Zappos' Terms of Use contained an arbitration provision, which may have saved the company from the plague of the class action bar, but it didn't. Read more.
January 17, 2013
As we enter the new year, agencies and brands have no doubt heard lots of talk about the impending March 31, 2013 expiration of the SAG commercials contract, AFTRA commercials contract and AFTRA radio contract, and the potential for a strike. What are the implications of this deadline, and what can advertisers do now to prepare? Read more.
January 15, 2013
Delta Airlines was not first in flight but it did achieve a different first last month when the California Attorney General sued the company for alleged violations of a never-before-litigated state privacy law, the California Online Privacy Protection Act. Read more.
January 14, 2013
Advertising Age published Christopher R. Chase's article on celebrity endorsements and morals clauses. Read more.
January 14, 2013
Madame Noire featured Lisa E. Davis in an article highlighting nine successful women and the women who were key in shaping them.
January 11, 2013
California's Attorney General recently released a set of official privacy recommendations for consideration by mobile app developers, mobile ad networks and related industry players. Read more.
January 10, 2013
Bloomberg BNA quoted Terri Seligman on the future of cyberlaw policy in 2013.
January 9, 2013
On December 10th, the Federal Trade Commission issued a staff report, "Mobile Apps for Kids: Disclosures Still Not Making the Grade" -- a follow-up to an earlier staff report, "Mobile Apps for Kids: Current Privacy Disclosures Are Disappointing." The new staff report included results of a survey of children's mobile "apps" available in Apple's App Store and Google's Android Market. Read more.
January 7, 2013
Nine Frankfurt Kurnit women appeared in The New York Times Magazine’s women "Super Lawyers" list for 2012. The list appeared on December 30th in a special section devoted to women attorneys in the New York metropolitan area. Read more.
January 4, 2013
In December, the FTC released its long-awaited update to the Children's Online Privacy Protection Act (COPPA). COPPA, originally written in 1998, covers information collected online from Children under the age of 13. The statute applies to digital applications and websites that are directed toward children or that knowingly collect personal information from children. The update contains important changes for advertisers, agencies, and other business operators. The changes go into effect on July 1, 2013. Here's a rundown of what you need to know. Read more.
January 3, 2013
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.