Claudia Ray

Partner

Claudia Ray is a partner in O’Melveny’s New York office and a member of its Adversarial Department, as well as the Firm’s Intellectual Property and Technology, International Dispute Resolution, and Electronic Discovery and Document Retention practice groups.  Her practice focuses on intellectual property, media- and privacy-related litigation and counseling, international litigation and arbitration, and complex commercial litigation.  Claudia’s experience includes litigation in federal and state courts, arbitration and mediation for non-U.S. parties, and complex procedural and substantive issues unique to international disputes.  Claudia is also experienced in advising clients on intellectual property matters in the transactional arena, including drafting and negotiating agreements regarding intellectual property assets, as well as counseling clients on dispute resolution issues, including drafting and negotiating arbitration clauses. 

Among other honors, Claudia is recognized in Chambers USA (2008) as an up and coming leading lawyer in trademark and copyright litigation, "rapidly making a name for herself as an 'outstanding courtroom performer.'"  Claudia was also named by Law & Politics Media, Inc. as one of New York’s “Super Lawyers” for 2006-2008 in the area of intellectual property litigation, and has been recognized as an “Empire State Counsel” by the New York State Bar Association for her pro bono service.

Illustrative Professional Experience

Representative Intellectual Property Matters

• Defending a popular retail clothing company in a suit seeking injunctive relief and damages based on alleged trademark and copyright infringement relating to certain of plaintiff's logos
• Obtained a permanent injunction on behlf of the author of a popular children's book series following a highly publicized trial in the southern District of New York involving claims of copyright infringement against the publisher of a proposed unauthorized "lexicon"
• Obtained summary judgment on behalf of prominent children’s book author dismissing copyright and trademark infringement claims with respect to the hugely successful book series, and an award of sanctions against the plaintiff for fabricating evidence
• Assisted in defending and settling a decades-long trademark dispute between a major computer and consumer electronics company and a well-known record label over name and logos
• Represented the corporate publisher of a popular magazine in asserting its rights against unauthorized publishers leaking celebrity baby photographs
• Defeated motion for preliminary injunction against major media company in trademark infringement suit involving its banded line of household cleaning tools, and subsequently settled on favorable terms
• Obtained preliminary injunction for apparel company in a breach of contract suit against its exclusive licensee for its branded apparel and accessories, and subsequently settled on favorable terms
• Obtained partial summary judgment dismissing most of the damages claims against leading trading card company in breach of license suit brought by its licensor, a European toy company, and subsequently settled on favorable terms
• Represented a television network and satellite television broadcast company in a trademark dispute that cleared the way for the network to launch its Asian television programming in the United States
• Successfully pursued trademark and copyright infringement claims on behalf of major entertainment company against manufacturers and book publishers for violations of its rights in its hugely successful motion picture series
• Obtained dismissal and favorable settlement of copyright infringement claims against a portfolio company of a leading private equity company in the catalog clothing business
• Obtained judgment dismissing claims against the leading non-profit dance company and school for trademark infringement and conversion asserted by the heir to the company founder’s estate
• Obtained favorable settlement for prominent winery of false advertising claims asserted by competitors in connection with its margarita-flavored wine coolers

Representative International Dispute Resolution Matters

• Obtained awards in favor of international hotel chain in parallel ICC and ad hoc arbitrations in Panama involving the company’s local business activities, which were governed by Panamanian and U.S. law
• Obtained favorable settlements for major international telecom company in ICC arbitrations of shareholder claims with respect to various South American joint ventures
• Successfully defended an international television production company in an AAA arbitration involving the worldwide contractual distribution and production rights to various copyrighted television game show formats
• Successfully defended a major entertainment company in litigation and an AAA arbitration brought by overseas franchisees of the Warner Bros. Studio Stores alleging contract and tort claims arising under the franchise agreements

Representative Commercial Matters

• Defended leading pharmaceutical company against nationwide products liability claims in various jurisdictions
• Defended welding rod manufacturer against asbestos-related products liability claims in New York State, which were dismissed with prejudice by plaintiffs’ counsel on the eve of trial
• Won award in favor of various insurance company affiliates in an ad hoc arbitration involving breach of contract claims against a former managing general agent
• Obtained summary judgment in favor of leading music company and its executive dismissing claims for slander and tortious interference

Representative Transactional Matters

• Advising a private equity company and one of its portfolio companies on intellectual property matters in connection with a $10.6 billion acquistion
• Advised on intellectual property matters in representation of a private investment firm in the acquisition of a leading manufacturer, marketer, and distributor of Hispanic cheeses and creams, for an aggregate purchase price of approximately $43 million
• Advised on intellectual property matters in representation of leading drug store company in the $3.4 billion sale of its drugstores in the United States
• Provided intellectual property advice to a major private equity company in connection with the $1.8 billion leveraged acquisition of a chemical company and its subsidiaries
• Advised a private equity company on intellectual property matters in connection with the $1.2 billion acquisition of a major cruise line; additionally advised the company on its acquisition of a majority of the capital stock of a cruise line, and in connection with its acquisition of all of the outstanding stock of a hot-tub, bath and spa company
• Advised an affiliate of a major private equity company on intellectual property matters in its acquisition of the Unites States and Canadian operations of an agri-chemical business
• Advised a multi-brand conglomerate in interactive commerce and one of its subsidiaries in the live event ticketing and marketing industry in connection with the acquisition of an online consumer review company
• Provided trademark advice in connection with the acquisition of a women’s fashion brand by a private equity company
• Provided intellectual property advice in representation of affiliates of two private equity companies in connection with the $1.35 billion sale of 100 percent of the equity interests in a plumbing company
• Advised a private equity company on intellectual property matters during its acquisition of a significant ownership interest in a franchised fast food chain
• Advised international processed seafood company on IP matters during its acquisition of substantially all the assets of the potted meats business of a leading consumer-goods company
• Advised on intellectual property matters in representation of affiliates of leading private equity investment groups in their $20 million investment in a leading provider of adult educational and self-help training services
• Advised private equity company on IP matters in its formation of a strategic partnership with a wine import company
• Provided intellectual property advice to leading B2B media network in its acquisition of several architectural publications
• Represented leading provider of Web-based food ordering services in connection with its sale to a subsidiary of a leading professional services company

Professional Activities

Admitted to Practice,  U.S. District Court, Southern and Northern Districts of New York; U.S. Courts of Appeals, Third and Fourth Circuits; U.S. Supreme Court
Member,  Intellectual Property Committee, Section of Litigation, American Bar Association; Copyright and Media Committee and International Privacy Law Committee, New York State Bar Association; Copyright and Literary Property Committee, Association of the Bar of the City of New York
Speaker,  Panelist, "How to Be at the Top of Your Game as an ADR Advocate - Best Practices in ADR Advocacy for Intellectual Property Cases," ABA Annual Meeting (August 8, 2008); Panelist, "Tips for Avoiding E-Discovery Nightmares:  Best Practices for Technology Solutions Dealing with Privilege and Waivers, Avoiding Sanctions," BNA Breakfast Briefing (June 24, 2008); "Winning Cases in Federal Court:  Electronic Discovery," New York County Lawyers' Association (June 9, 2008); "Understanding the Intellectual Property License 2007:  Ethical Issues in Licensing,"  Practicing Law Institute (November 12, 2007); Panelist, "Law Clerk Copyright Seminar," Copyright and Literary Property Committee, Association of the Bar of the City of New York (December 2006-January 2007); Moderator, "Hot Topics in Licensing," City Bar Center for CLE (October 17, 2006); Panelist, "Arbitration of IP Disputes," Fordham University School of Law 14th Annual Conference on International Intellectual Property Law and Policy (April 20, 2006); Panelist, "How to Assert or Respond to a Fair Use Defense in the Era of Brand Equity," New York County Lawyers Association (January 30, 2006); "ADR Provisions in IP Disputes," Trademark Committee, Association of the Bar of the City of New York (October 24, 2005); Panelist, "Licensing Copyrights, Trademarks and Rights of Publicity," City Bar Center for CLE (October 17, 2005); "Licensing Copyrights, Trademarks & Rights of Publicity:  The Dos and Don'ts," New York City Bar Association (October 6, 2005); Moderator, "Arbitrating Intellectual Property Disputes," ICC International Commercial Dispute Resolution - Flexible Solutions for an Evolving World (September 11‑13, 2005); "Technology & Venture Capital Industries:  Partnering For Success, How To Make Arbitration Work For Your Company," American Arbitration Association (December 2004); "ADR in the IP Context:  What Practitioners and Clients Need to Know - The New York Convention & The Panama Convention," Arbitration and Mediation Committee, Intellectual Property Owners Association (November 2004); "Straight Talk About B2B Arbitration," American Arbitration Association and The New York Law Journal (May 2004); "Arbitration of Intellectual Property and Licensing Disputes:  Artful Drafting and Savvy Advocacy, A Winning Combination," American Arbitration Association (March and April 2004); "CAN‑SPAM: Where E-mail Ends and Spam Begins," Web Credenza Teleseminar Series (February 2004); Moderator, "Electronic Evidence:  Digital Document Creation and Litigation," Web Credenza Teleseminar Series (December 2003); "Ethical Issues in Federal Litigation," New York County Lawyers Association (May 2003); Moderator, "2002 Women in IP Conference," Intellectual Property Committee, ABA Section of Litigation (March 2002); "Hot Internet Topics," Special Committee on Cyber Law, New York State Bar Association (November 2001); "Privacy Issues and the Internet," High-Tech & E-Commerce: An E‑Business Agenda for Japanese Companies in the U.S., KPMG Consulting (February 2001); "New Developments in International Commercial Arbitration," American Corporate Counsel Association (November 2000); "Whose Name Is It Anyway?," Intellectual Property Leadership Forum 2000, PriceWaterhouseCoopers (February 2000); "Hot Issues in Internet Law and Commerce," International Intellectual Property Society (January 1999)
Author,  "Ethical Issues in Licensing," The Licensing Journal (May 2008); "Rescuecom v. Google:  SEcond Circuit on Keyword Issue," The New York Law Journal (April 15, 2008); "Arbitration of International Commercial Disputes," in Successful Partnering Between Inside and Outside Counsel (West 2001 & 2008 Supp. (forthcoming)) (co‑author); "Stopping Spam: Federal and International Initiatives," Journal of Internet Law (November 2003) (co-author); "Evolving Attitudes Toward Anonymous Posting on the Internet," Journal of Internet Law (June 2003); Publishing:  What You Need to Know About Copyrights and Contracts, GPSolo (April/May 2000) (co‑author); "The Internet and Jurisdiction:  The International Experience," Computer Law Association Bulletin, Vol. 14, No. 2 (1999) (co-author); "The Benefits of International Arbitration," Los Angeles Business Journal (July 1998) (co‑author)