Jessica Lynn Falk

Biography

Jessica Falk
Jessica L. Falk is a partner in the Complex Commercial Litigation and Intellectual Property & Media practice groups in Weil’s New York office. Jessica is called upon by sophisticated global companies to handle bet-the-business commercial disputes, including those involving breach of contract, fraud, and unfair competition, among others.

Jessica represents clients across the industry spectrum – including energy, fashion, media and entertainment, investment services, publishing, and technology – in high-profile disputes, including an impressive record at trial. Notable recent experience includes:

  • Representing GlobalFoundries in a multi-billion dollar breach of contract dispute adverse to IBM arising from GlobalFoundries’ acquisition of IBM’s chip manufacturing business.
  • Representing Regeneron Pharmaceuticals in connection with monopolization, restraint of trade, and other claims against Novartis and Vetter relating to actions Novartis and Vetter took to bar competition from Regeneron’s pre-filled syringe version of Eylea.
  • Representing New York City Regional Center in a $50M+ mass action fraud and fiduciary duty lawsuit brought by over a hundred EB-5 investors.
  • Obtaining a $6.5 million judgement – as trial counsel – for Nuance Communications, Inc. in a breach of contract dispute for failure to pay annual minimum revenue commitments, defeating a counterclaim that the breach was purportedly justified.
  • Securing a complete victory for a major energy corporation on fraud and breach of contract claims seeking $1 billion in damages arising from the construction of a clean coal energy plant.
  • Representing Houghton Mifflin Harcourt Publishing Co. in an arbitration arising out of the sale of its college textbook business whereby the arbitrator ruled entirely in HMH’s favor.
  • Representing Pilgrim’s Pride in a series of federal class actions and direct action complaints brought by direct and indirect purchasers across the country alleging the major poultry producers reduced output to raise the price of broiler chickens, which were consolidated in the U.S. District Court for the Northern District of Illinois.

In addition to complex commercial litigation matters Jessica also focuses her practice on intellectual property counseling and litigation, including copyright, trademark, false advertising and unfair competition matters, as well as privacy and publicity issues. Currently, Jessica represents American International Group, Inc. in defense of a trademark infringement lawsuit in the U.S. District Court for the Eastern District of Missouri that asserts damages worth in excess of $1 billion. She also represented Sirius XM and Pandora Media in a five-week remote trial before the CRB in the royalty rate-setting proceeding, Web V. Jessica has also played leading roles on Weil teams that have successfully represented clients in high-profile and landmark intellectual property cases, including obtaining a number of victories in multiple jurisdictions for The Walt Disney Company and Marvel Comics in significant copyright ownership cases involving iconic Marvel characters such as The Avengers, Spider-Man, Iron Man, The Fantastic Four, The Incredible Hulk, and Thor.

Jessica is frequently recognized for her pro bono work and has represented pro bono clients in asylum proceedings and New York City Housing Authority proceedings. She was the recipient of the Lawyers Alliance for New York’s 2016 Cornerstone Award in connection with her work on two successful cases appealing New York government agencies’ failure to provide documents in response to Freedom of Information Law requests. She is also actively involved in mentoring and diversity initiatives at the Firm and serves on the leadership panel for the Firm’s Taskforce on Women’s Engagement and Retention (TOWER) and is co-chair of the Firm’s Summer Program Committee.

Jessica is a member of the New York City Bar Association’s Entertainment Law Committee and the Intellectual Property Law Section of the New York State Bar Association. She has appeared as a panelist for the American Bar Association’s Consumer Protection Update, the New York State Bar Association’s Bridging the Gap: Intellectual Property in the Digital Age program, and the Wall Street Exchange’s panel on Powerful Networking and Social Media Tools. She co-authored the State Bar of Texas Suing and Defending Governmental Entities Course from 2010-2013, and is the author of Unwinding the Deals that Fell Victim to the Credit Crunch, 27 Ann. Rev. Banking & Fin. L. 261 (2008).

From 2021 to 2023, Benchmark Litigation named Jessica to its “40 & Under List”, which recognizes “top emerging talent” in U.S. litigation. In 2021, Jessica was named a national “Rising Star” for Intellectual Property by Law360. In 2020, she was also honored as the national winner of the “Rising Star in IP” Award at the Euromoney Legal Media Group’s Americas Women in Business Law Awards. She is currently recognized as a leading trademark litigator in the WTR1000 for Enforcement and Litigation, which calls her a “smart, diligent, proactive and personable lawyer” who is an “amazing partner to clients” with a “leadership style that engenders loyalty.” For two consecutive years, Jessica also has been named a recommended lawyer nationwide by Legal 500, including for General Commercial Disputes, Copyright, Trademarks: Litigation, and Media & Entertainment: Litigation.

Jessica graduated magna cum laude from Boston University’s College of Arts and Sciences and graduated cum laude from Boston University School of Law, where she received the Dean’s Award for Unfair Competition & Trademark Law and was an Edward F. Hennessey Scholar.

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