Mr. Buchweitz has handled a number of contract, First Amendment, right of publicity, antitrust, and copyright matters for clients in the media, sports, and entertainment industries. He also represents pharmaceutical and bio-tech companies as plaintiffs and defendants in international and domestic arbitrations and litigation regarding commercial practices and pricing, milestones, contracts, and partnerships. More generally, Mr. Buchweitz counsels clients across the industry spectrum in connection with bankruptcy litigation, investment disputes, real estate disputes, judgment enforcement issues, and “business divorce” matters. He has represented clients through every phase of litigation.
Mr. Buchweitz’s notable recent matters have included representing:
- a global pharmaceutical company as plaintiff in an antitrust complaint brought against a competitor regarding the market for epinephrine auto-injector devices;
- multiple television programmers in disputes with cable operators concerning the implications of significant cable operator acquisitions and mergers;
- a major national broadcaster in a series of high-profile right of publicity and copyright cases;
- a major cable network in connection with numerous high-profile disputes regarding the broadcast of professional boxing matches, including achieving the successful early dismissal from a multi-district litigation relating to a 2015 match, and currently defending putative consumer class actions relating to a 2017 match that is the highest grossing in history;
- a major television broadcaster in its successful early dismissal from a multi-district litigation relating to professional football programming;
- global pharmaceutical companies in several contract disputes in multiple international and domestic arbitral fora arising out of drug or device development collaboration, licensing and merger agreements;
- a multi-media rights organization in a contract dispute with a major state university;
- a sports radio station in a putative nationwide class action alleging violations of the Telephone Consumer Protection Act;
- a private university in its successful withdrawal from a Division I athletic conference;
- a radio broadcaster in an arbitration regarding the creation of a national sports radio network; and
- a portfolio company of a major private equity firm in a series of multi-jurisdictional bankruptcy and turnover litigations concerning ownership of shares of one of its minority shareholders.
In addition, several of the victories Mr. Buchweitz has been involved in have resulted in written decisions, including:
- Diesel eBooks, LLC, v. Simon & Schuster, et al. (2d. Cir. 2017) aff’g 2016 WL 556636 (S.D.N.Y. Feb. 5, 2016), Abbey House Media, Inc. d/b/a BooksonBoard v. Simon & Schuster, et al. (2d. Cir. 2017) aff’g 2016 WL 297720 (S.D.N.Y. Jan. 22, 2016) (affirming summary judgment and finding no antitrust injury in separate antitrust suits brought by former e-book retailers);
- Javon Marshall, et al. v. CBS Broadcasting, Inc., et al. 668 Fed.Appx. 155 (6th Cir. 2016) aff’g 2015 WL 3537053 (M.D. Tenn. June 4, 2015) (affirming dismissal with prejudice of putative nationwide right of publicity and antitrust class action regarding names, images and likenesses of student athletes in college football and basketball broadcasts);
- Lightbourne v. Printroom, CBS Interactive, et al. 2015 WL 4940619 (C.D. Cal. Aug. 14, 2015), 307 F.R.D. 593 (C.D. Cal. July 30, 2015), (C.D. Cal. Dec. 18, 2015) (won summary judgment, denial of class certification, and post judgment defense fees and costs in putative nationwide right of publicity class action regarding photographs of NCAA student-athletes made available for sale on universities’ athletic department websites);
- The Bookhouse of Stuyvesant Plaza Inc., et al. v. Amazon.com, Inc., Simon & Schuster, Inc., et al. 2013 U.S. Dist. LEXIS 171871 (S.D.N.Y. Dec. 6, 2013) (dismissal with prejudice of putative industry wide antitrust class action regarding security software for e-books);
- City of Omaha v. CBS Corp., 679 F.3d 64 (2d. Cir. 2012), aff’g 2011 WL 2119734 (S.D.N.Y. May 24, 2011) (affirming dismissal of federal securities fraud putative class action complaint concerning $14 billion impairment);
- Sanofi-Aventis v. Warner Chilcott, 50 122 T 00148 11 (I.C.D.R. July 14, 2011) (arbitral award in favor of Sanofi in multi-hundred million dollar contract dispute);
- Dan Rather v. CBS Corp., 68 A.D.3d 49 (1st Dept. 2009) (dismissal on appeal of a breach of contract, fiduciary duties and fraud complaint brought by the newscaster);
- Don King v. ESPN, Inc., 40 So.3d 40 (Fla. 4th DCA 2010) (affirming summary judgment in defamation and false light case brought by the boxing promoter); and
- Modi Enterprises v. ESPN, Inc., 12 A.D.3d 1203 (1st Dept. 2004) (dismissing appeal following complete defense verdict at trial in $231 million breach of contract, breach of fiduciary duties, and misappropriation case).
Mr. Buchweitz also has an active pro bono practice. He successfully represented the East End Eruv Association in a series of high profile federal civil rights cases brought against certain Long Island municipalities regarding the establishment of an eruv. His notable victories in these matters have included affirmance of a lower court’s dismissal of a complaint that alleged that the installation of lechis on public utility poles violated the Establishment Clause of the U.S. Constitution (Jewish People for the Betterment of Westhampton Beach, et al. v. The Village of Westhampton Beach, et al., 778 F.3d 390 (2d. Cir. 2015)) and the reversal of a town zoning board decision that lechis were signs that could not be placed on utility poles under a municipal ordinance, with the Court holding that, since lechis are not even discernible, it is unreasonable not to accommodate the religious practice (East End Eruv Association, Inc. v. The Town of Southampton, et al., 2015 WL 4160461 (NY Sup. Ct. June 30, 2015)). Earlier, among other matters, he obtained a full defense jury verdict as lead trial counsel in a case on behalf of the New York City Law Department; served as lead counsel in an appeal where the court vacated a first degree robbery conviction of a client on the basis of ineffective assistance of counsel (People v. Cyrus, 48 A.D.3d 150 (1st Dept. 2007)); and was co-lead counsel on the submission of an amicus brief on First Amendment issues with the United States Supreme Court.
Outside of his active practice, Mr. Buchweitz publishes and speaks on a wide variety of legal issues, including disputes concerning commercially reasonable efforts in pharmaceutical license and acquisition deals, early resolution of class actions, attachment and execution issues in New York State, electronic discovery, minimizing litigation risks in contract drafting, and managing pre-litigation disputes. Additionally, for the past several years he has co-authored “Chapter 6: Marketing to Potential Corporate Clients” in Successful Partnering Between Inside and Outside Counsel (Thomson Reuters/Association of Corporate Counsel).
Mr. Buchweitz graduated from Fordham University School of Law in 2002, where he was a staff member of the Fordham Law Review and Fordham Moot Court. Mr. Buchweitz graduated from Brandeis University in 1999, summa cum laude and Phi Beta Kappa, with a BA in Politics, History and Legal Studies, and received high honors for his Senior Thesis, “The Creation of the First Majority-Minority Congressional District in New York.”
Mr. Buchweitz joined the Firm as a summer associate in 2001. Prior to joining the Firm, Mr. Buchweitz worked as a legal intern for Justice Ira Gammerman of the Commercial Division of the Supreme Court, New York County, and for the United States Attorney’s Office for the Southern District of New York. Prior to attending law school, Mr. Buchweitz served as a Legislative Intern for United States Representatives Peter T. King of New York and Martin Meehan of Massachusetts.