Practice Areas

PRACTICE AREAS

Constitutional law

The firm represents individuals and companies on constitutional issues, primarily in the areas of free speech, freedom of religion, due process, and double jeopardy. Members of the firm were lead counsel in a First Amendment and equal protection challenge to the large-scale relocation of Navajo elders from their ancestral homelands at Big Mountain, Arizona; successfully challenged Pan American World Airways' policy during the Persian Gulf War against granting passage to any Iraqi nationals; represented the widow of Salvador Allende, the slain president of Chile, in the first successful challenge to the government's ideological exclusion policy; represented Muslim inmates in a successful appeal in a religious discrimination case, and serve as special counsel in criminal cases on constitutional issues. Members of the firm have represented non-traditional religions in various types of litigation raising issues of religious freedom, due process and improper government activity, both in affirmative lawsuits and in defending damage lawsuits by former members of a church, as well as representing a channeler accused of copyright infringement, precipitating a First Amendment defense. Mr. Gross has engaged in significant complex litigation around the country on behalf of private clients and several civil liberties organizations, such as the National Emergency Civil Liberties Committee, the Bill of Rights Foundation, and the Electronic Frontier Foundation. Mr. Gross was part of the criminal defense team that represented Leona Helmsley in her prosecution for income tax evasion, and among other things, responsible for the successful motion to dismiss her state prosecution on double jeopardy grounds.

Intellectual property

The firm has an active practice in trademark, copyright, trade secrets, unfair competition, and other intellectual property rights. It advises its clients on trademarks and copyrights, registers trademarks and copyrights for clients, and actively engages in intellectual property licensing and litigation. The firm actively drafts and negotiates publishing and production agreements on behalf of content providers, publishers, producers and broadcasters. For example, the firm represents Chronicle Books in such complex licensing transactions as obtaining the rights held by Yoko Ono to a John Lennon multimedia retrospective edition, as originally secured by becker&mayer!, and licensing U.K publishing rights to Cassell Publishing Ltd. In litigation, the firm represented the Burning Man festival against MTV, and forced MTV to halt the broadcast of a show on Burning Man, as the proposed broadcast by MTV utilized film obtained without permission by, and in violation of, Burning Man's copyrights, trademarks, and other intellectual property rights. The firm regularly protects its clients' copyrights and trademarks from Internet misuse and other infringement. Members of the firm have represented one of the world's largest watch manufacturers in trademark infringement litigation; the estate of Norma Millay Ellis relating to the sale of the literary properties of Edna St. Vincent Millay; a French biotechnology company in litigation relating to the sublicense of patent rights, and in contract negotiations about the sale of biotechnology development rights, and "found-sound" artists in a contractual and intellectual property dispute with their record company. Members of the firm have also litigated on behalf of one of the world's largest computer companies in a landmark arbitration involving allegations of copyright infringement and antitrust violations; a leading video game company in a copyright infringement suit against a competitor; a large construction company whose former employees misappropriated trade secrets in forming a competing firm, and a software development company in claims against a business associate for unfair competition and misappropriation of trade secrets.

Internet law

Gross & Belsky provides legal services in all areas of Internet law. It represents numerous Internet companies in providing advice and implementing negotiations concerning e-commerce, licensing, promotions, and advertising. The firm regularly advises and litigates on domain name disputes. For example, the firm, representing Quokka Sports, Inc. and the America's Cup, obtained an injunction against a cybersquatter on the americascup.com domain name, in the first case filed under the newly-enacted Anticybersquatting Consumer Protection Act, obtaining jurisdiction over New Zealand entities. The firm also advises and litigates on copyright and trademark issues involving the Internet, protects clients' copyrights and trademarks from misuse on the Internet, represents content providers in negotiations with networks, and advises and litigates on jurisdictional issues raised by Internet activity. Prior to the passage of the Digital Millennium Copyright Act, the firm triumphed in the defense of an Internet service provider who was sued by a software industry group for copyright infringement based on the actions of the provider's customers. Mr. Gross has been counsel to the Electronic Frontier Foundation, a civil liberties organization focusing on freedom of speech on the Internet, and in such position he advised and litigated on numerous technology and Internet issues. As special counsel in the winning defense of an individual who disseminated a magazine via e-mail over the Internet but was accused of wire fraud for publishing a document obtained by computer hackers (before the Internet was widely used), Mr. Gross raised constitutional issues concerning the rights of publishers, both electronic and print, to disseminate information lawfully obtained by them.

International law

The firm represents public and private clients on international law issues. Recently, on behalf of the national telephone company of Cuba, the firm brought an action under the Foreign Sovereign Immunities Act that successfully overturned the attempted garnishment of the telephone company's assets to satisfy a judgment against the Republic of Cuba. This case stemmed from an international incident involving the downing of a plane with Cuban exiles. Alejandre v. Republic of Cuba, 183 F.3d 1277 (11^th Cir. 1999). The firm represents and advises other sovereign and quasi-sovereign entities on issues of sovereignty and constitutional law. In addition, members of the firm have represented foreign companies in contract negotiations with U.S. companies and in matters relating to their U.S. subsidiaries. Gross & Belsky has an active practice in providing advice and obtaining licenses for transactions with countries subject to trading restrictions. Mr. Gross was lead counsel and adviser to the Republic of Panama, its agencies and its Mission to the United Nations in 1989 when the United States government froze all Panamanian assets; he represented a foreign telephone company in negotiating an underwater cable construction and maintenance agreement and telephone service agreement with AT&T; he represented the Cuban Olympic Committee and the Cuban television agency in the negotiations to sell the television rights to the 1991 Pan American Games; and he participated in advising the African National Congress on the drafting of a post-apartheid constitution in South Africa. Mr. Belsky is the co-author of a frequently cited comment published in the California Law Review on suing foreign governments in U.S. courts for certain violations of international law.

Business transactions

The firm’s business practice includes the formation and counseling of corporations, partnerships, and limited liability companies; the purchase and sale of businesses, including asset and stock purchases and sales; and drafting business agreements, such as distribution, licensing, and employment agreements. Mr. Prell has represented numerous start-up ventures, both on the founder and the investor sides, advising on choice of entity and ownership structure, and conducting private placement rounds from angel through venture to mezzanine financing. For example, he advised APG Records in two classes of private placement equity offerings aggregating over $2 million structured to fund both the label’s general operations as well as the release of a specified “patrons” set of artist recordings, including the “American Pi” album from Austin Willacy. Mr. Prell represents various artist-businesses in a wide range of transactions. For instance, he both incorporated and counseled the upscale custom play structure maker Barbara Butler Artist-Builder, Inc., in the design and sale of location sets to Disney Studios for the production of the Chris Columbus feature, Bicentennial Man, starring Robin Williams.

Media law/defamation

The law firm represents plaintiffs in defamation or privacy actions against national and local news media. The firm also actively represents clients prior to the publication of potentially inflammatory articles and books to ensure that inaccurate information is not published. For example, in a joint representation of Gianni Versace s.P.a. and the Versace family, the publication of a defamatory book that also invaded the Versace family's privacy was halted. The firm obtained a significant settlement from two television stations on behalf of child abuse victims that testified at the criminal trial of their abuser, when the television stations recorded and broadcast images that identified the victims, in violation of court orders. The firm represents the Burning Man festival on a variety of media issues, most recently against MTV, where it successfully halted the planned broadcast by MTV of footage taken at the festival without the festival's consent. The firm also advises media entities and authors on defamation and libel clearance. The firm regularly represents journalists and authors in areas concerning their work and their employment by media entities.

Class actions

The partnership represents the rights of consumers in class actions, primarily those involving constitutional issues, consumer fraud or antitrust violations. For example, Mr. Gross was lead counsel for Manybeads v. United States, a class action involving the elders of the Navajo Tribe. Mr. Gross was liaison counsel and settlement class counsel in Perish v. Intel Corporation, a winning consumer fraud class action. The firm is Co-Chair of the Steering Committee in the Microsoft Antitrust Class Action Litigation, an antitrust action based on Microsoft's monopolization of the personal computer operating system and software market. The firm was counsel in In re Airline Ticket Commission Antitrust Litigation, an antitrust action which challenged the airlines' reduction of travel agent commissions, resulting in an $87 million settlement. It is lead counsel in Lea v. Pacific Bell, a consumer fraud and unfair competition class action concerning hidden charges in voice mail. The firm is also counsel in antitrust class action that challenge price fixing in the computer, glass, sanitary paper, cosmetics, vitamin and tobacco industries (the Flat Glass Antitrust Litigation (executive committee); the Sanitary Paper Antitrust Litigation; the Vitamin Cases Antitrust Litigation (steering committee); the Cosmetics Antitrust Litigation (steering committee); and Sullivan v. Philip Morris). Gross & Belsky is on the executive committee in the Providian Class Action Litigation, a consumer fraud case against a credit card company for imposing fraudulent fees on its customers, and also on the executive committee in the Old Republic Title Company Class Action Litigation, an unfair competition and consumer fraud class action.

Commercial litigation

The firm engages in general commercial litigation for private clients. For example, members of the firm represented Dr. Spock in a breach of contract action relating to a video on child care, and represented and advised Leona and Harry Helmsley in a variety of civil lawsuits, liquor and real estate licensing proceedings, and contracts. Members of the firm have represented foreign banks, primarily government-owned, in litigation involving suits against the banks, as well as in litigation for the banks against borrowers to recover funds; represented borrowers suing banks for nonperformance; and advised borrowers and assisted in negotiations with their lenders in revising the terms of credit. For example, a member of the firm represented a Maine gubernatorial candidate in successful suits against his bank and its lawyers when the bank improperly canceled his line of credit. The firm regularly advises clients in seeking and negotiating business resolutions to disputes short of litigation.

Entertainment law

The firm represents authors, musicians, filmmakers, broadcasters, artists, performers and their agents in negotiating contracts, including contracts for performance, publication, and sale of motion picture and television rights. The firm also advises its entertainment clients on other aspects of the entertainment industry, including guild issues and permissions.

Employment law

The firm actively represents employees in suits for employment discrimination or wrongful termination, including discrimination based on disability and exercise of first amendment rights. Members of the firm have also litigated on behalf of public entities, businesses and individuals in the defense of various employment claims, including wrongful termination, race discrimination, and sexual harassment.

Appellate

The firm represents and advises clients in appellate proceedings, in both state and federal courts, including both civil and criminal appeals. For example, the firm recently overturned the conviction of a wrongfully convicted indigent defendant and secured his freedom, because the conviction was based on improperly admitted evidence of poverty. United States v. Mitchell, 172 F.3d 1104 (9^th Cir. 1999). The firm recently won an appeal on behalf of a Cuban telephone company, overturning the attempted garnishment of the telephone company's assets to satisfy a judgment against the Republic of Cuba. Alejandre v. Republic of Cuba, 183 F.3d 1277 (11^th Cir. 1999). A member of the firm was part of the defense team representing Leona Helmsley to obtain the dismissal of a state court indictment for income tax evasion on double jeopardy grounds because based on the same transaction as a prior federal prosecution.

Ethics

The firm litigates in the area of legal ethics, both in representing attorneys facing bar complaints or discipline, and in litigating legal malpractice cases.

Mediation/alternative dispute resolution

Mr. Gross is an active mediator, and has assisted in obtaining settlements in numerous lawsuits, including class actions, trade secrets, wrongful termination and real estate matters.

Constitutional law
	The firm represents individuals and companies on constitutional issues, primarily in the areas of free speech, freedom of religion, due process, and double jeopardy. Members of the firm were lead counsel in a First Amendment and equal protection challenge to the large-scale relocation of Navajo elders from their ancestral homelands at Big Mountain, Arizona; successfully challenged Pan American World Airways' policy during the Persian Gulf War against granting passage to any Iraqi nationals; represented the widow of Salvador Allende, the slain president of Chile, in the first successful challenge to the government's ideological exclusion policy; represented Muslim inmates in a successful appeal in a religious discrimination case, and serve as special counsel in criminal cases on constitutional issues. Members of the firm have represented non-traditional religions in various types of litigation raising issues of religious freedom, due process and improper government activity, both in affirmative lawsuits and in defending damage lawsuits by former members of a church, as well as representing a channeler accused of copyright infringement, precipitating a First Amendment defense. Mr. Gross has engaged in significant complex litigation around the country on behalf of private clients and several civil liberties organizations, such as the National Emergency Civil Liberties Committee, the Bill of Rights Foundation, and the Electronic Frontier Foundation. Mr. Gross was part of the criminal defense team that represented Leona Helmsley in her prosecution for income tax evasion, and among other things, responsible for the successful motion to dismiss her state prosecution on double jeopardy grounds.
Intellectual property
	The firm has an active practice in trademark, copyright, trade secrets, unfair competition, and other intellectual property rights. It advises its clients on trademarks and copyrights, registers trademarks and copyrights for clients, and actively engages in intellectual property licensing and litigation. The firm actively drafts and negotiates publishing and production agreements on behalf of content providers, publishers, producers and broadcasters. For example, the firm represents Chronicle Books in such complex licensing transactions as obtaining the rights held by Yoko Ono to a John Lennon multimedia retrospective edition, as originally secured by becker&mayer!, and licensing U.K publishing rights to Cassell Publishing Ltd. In litigation, the firm represented the Burning Man festival against MTV, and forced MTV to halt the broadcast of a show on Burning Man, as the proposed broadcast by MTV utilized film obtained without permission by, and in violation of, Burning Man's copyrights, trademarks, and other intellectual property rights. The firm regularly protects its clients' copyrights and trademarks from Internet misuse and other infringement. Members of the firm have represented one of the world's largest watch manufacturers in trademark infringement litigation; the estate of Norma Millay Ellis relating to the sale of the literary properties of Edna St. Vincent Millay; a French biotechnology company in litigation relating to the sublicense of patent rights, and in contract negotiations about the sale of biotechnology development rights, and "found-sound" artists in a contractual and intellectual property dispute with their record company. Members of the firm have also litigated on behalf of one of the world's largest computer companies in a landmark arbitration involving allegations of copyright infringement and antitrust violations; a leading video game company in a copyright infringement suit against a competitor; a large construction company whose former employees misappropriated trade secrets in forming a competing firm, and a software development company in claims against a business associate for unfair competition and misappropriation of trade secrets.
Internet law
	Gross & Belsky provides legal services in all areas of Internet law. It represents numerous Internet companies in providing advice and implementing negotiations concerning e-commerce, licensing, promotions, and advertising. The firm regularly advises and litigates on domain name disputes. For example, the firm, representing Quokka Sports, Inc. and the America's Cup, obtained an injunction against a cybersquatter on the americascup.com domain name, in the first case filed under the newly-enacted Anticybersquatting Consumer Protection Act, obtaining jurisdiction over New Zealand entities. The firm also advises and litigates on copyright and trademark issues involving the Internet, protects clients' copyrights and trademarks from misuse on the Internet, represents content providers in negotiations with networks, and advises and litigates on jurisdictional issues raised by Internet activity. Prior to the passage of the Digital Millennium Copyright Act, the firm triumphed in the defense of an Internet service provider who was sued by a software industry group for copyright infringement based on the actions of the provider's customers. Mr. Gross has been counsel to the Electronic Frontier Foundation, a civil liberties organization focusing on freedom of speech on the Internet, and in such position he advised and litigated on numerous technology and Internet issues. As special counsel in the winning defense of an individual who disseminated a magazine via e-mail over the Internet but was accused of wire fraud for publishing a document obtained by computer hackers (before the Internet was widely used), Mr. Gross raised constitutional issues concerning the rights of publishers, both electronic and print, to disseminate information lawfully obtained by them.
International law
	The firm represents public and private clients on international law issues. Recently, on behalf of the national telephone company of Cuba, the firm brought an action under the Foreign Sovereign Immunities Act that successfully overturned the attempted garnishment of the telephone company's assets to satisfy a judgment against the Republic of Cuba. This case stemmed from an international incident involving the downing of a plane with Cuban exiles. Alejandre v. Republic of Cuba, 183 F.3d 1277 (11^th Cir. 1999). The firm represents and advises other sovereign and quasi-sovereign entities on issues of sovereignty and constitutional law. In addition, members of the firm have represented foreign companies in contract negotiations with U.S. companies and in matters relating to their U.S. subsidiaries. Gross & Belsky has an active practice in providing advice and obtaining licenses for transactions with countries subject to trading restrictions. Mr. Gross was lead counsel and adviser to the Republic of Panama, its agencies and its Mission to the United Nations in 1989 when the United States government froze all Panamanian assets; he represented a foreign telephone company in negotiating an underwater cable construction and maintenance agreement and telephone service agreement with AT&T; he represented the Cuban Olympic Committee and the Cuban television agency in the negotiations to sell the television rights to the 1991 Pan American Games; and he participated in advising the African National Congress on the drafting of a post-apartheid constitution in South Africa. Mr. Belsky is the co-author of a frequently cited comment published in the California Law Review on suing foreign governments in U.S. courts for certain violations of international law.
Business transactions
	The firm’s business practice includes the formation and counseling of corporations, partnerships, and limited liability companies; the purchase and sale of businesses, including asset and stock purchases and sales; and drafting business agreements, such as distribution, licensing, and employment agreements. Mr. Prell has represented numerous start-up ventures, both on the founder and the investor sides, advising on choice of entity and ownership structure, and conducting private placement rounds from angel through venture to mezzanine financing. For example, he advised APG Records in two classes of private placement equity offerings aggregating over $2 million structured to fund both the label’s general operations as well as the release of a specified “patrons” set of artist recordings, including the “American Pi” album from Austin Willacy. Mr. Prell represents various artist-businesses in a wide range of transactions. For instance, he both incorporated and counseled the upscale custom play structure maker Barbara Butler Artist-Builder, Inc., in the design and sale of location sets to Disney Studios for the production of the Chris Columbus feature, Bicentennial Man, starring Robin Williams.
Media law/defamation
	The law firm represents plaintiffs in defamation or privacy actions against national and local news media. The firm also actively represents clients prior to the publication of potentially inflammatory articles and books to ensure that inaccurate information is not published. For example, in a joint representation of Gianni Versace s.P.a. and the Versace family, the publication of a defamatory book that also invaded the Versace family's privacy was halted. The firm obtained a significant settlement from two television stations on behalf of child abuse victims that testified at the criminal trial of their abuser, when the television stations recorded and broadcast images that identified the victims, in violation of court orders. The firm represents the Burning Man festival on a variety of media issues, most recently against MTV, where it successfully halted the planned broadcast by MTV of footage taken at the festival without the festival's consent. The firm also advises media entities and authors on defamation and libel clearance. The firm regularly represents journalists and authors in areas concerning their work and their employment by media entities.
Class actions
	The partnership represents the rights of consumers in class actions, primarily those involving constitutional issues, consumer fraud or antitrust violations. For example, Mr. Gross was lead counsel for Manybeads v. United States, a class action involving the elders of the Navajo Tribe. Mr. Gross was liaison counsel and settlement class counsel in Perish v. Intel Corporation, a winning consumer fraud class action. The firm is Co-Chair of the Steering Committee in the Microsoft Antitrust Class Action Litigation, an antitrust action based on Microsoft's monopolization of the personal computer operating system and software market. The firm was counsel in In re Airline Ticket Commission Antitrust Litigation, an antitrust action which challenged the airlines' reduction of travel agent commissions, resulting in an $87 million settlement. It is lead counsel in Lea v. Pacific Bell, a consumer fraud and unfair competition class action concerning hidden charges in voice mail. The firm is also counsel in antitrust class action that challenge price fixing in the computer, glass, sanitary paper, cosmetics, vitamin and tobacco industries (the Flat Glass Antitrust Litigation (executive committee); the Sanitary Paper Antitrust Litigation; the Vitamin Cases Antitrust Litigation (steering committee); the Cosmetics Antitrust Litigation (steering committee); and Sullivan v. Philip Morris). Gross & Belsky is on the executive committee in the Providian Class Action Litigation, a consumer fraud case against a credit card company for imposing fraudulent fees on its customers, and also on the executive committee in the Old Republic Title Company Class Action Litigation, an unfair competition and consumer fraud class action.
Commercial litigation
	The firm engages in general commercial litigation for private clients. For example, members of the firm represented Dr. Spock in a breach of contract action relating to a video on child care, and represented and advised Leona and Harry Helmsley in a variety of civil lawsuits, liquor and real estate licensing proceedings, and contracts. Members of the firm have represented foreign banks, primarily government-owned, in litigation involving suits against the banks, as well as in litigation for the banks against borrowers to recover funds; represented borrowers suing banks for nonperformance; and advised borrowers and assisted in negotiations with their lenders in revising the terms of credit. For example, a member of the firm represented a Maine gubernatorial candidate in successful suits against his bank and its lawyers when the bank improperly canceled his line of credit. The firm regularly advises clients in seeking and negotiating business resolutions to disputes short of litigation.
Entertainment law
	The firm represents authors, musicians, filmmakers, broadcasters, artists, performers and their agents in negotiating contracts, including contracts for performance, publication, and sale of motion picture and television rights. The firm also advises its entertainment clients on other aspects of the entertainment industry, including guild issues and permissions.
Employment law
	The firm actively represents employees in suits for employment discrimination or wrongful termination, including discrimination based on disability and exercise of first amendment rights. Members of the firm have also litigated on behalf of public entities, businesses and individuals in the defense of various employment claims, including wrongful termination, race discrimination, and sexual harassment.
Appellate
	The firm represents and advises clients in appellate proceedings, in both state and federal courts, including both civil and criminal appeals. For example, the firm recently overturned the conviction of a wrongfully convicted indigent defendant and secured his freedom, because the conviction was based on improperly admitted evidence of poverty. United States v. Mitchell, 172 F.3d 1104 (9^th Cir. 1999). The firm recently won an appeal on behalf of a Cuban telephone company, overturning the attempted garnishment of the telephone company's assets to satisfy a judgment against the Republic of Cuba. Alejandre v. Republic of Cuba, 183 F.3d 1277 (11^th Cir. 1999). A member of the firm was part of the defense team representing Leona Helmsley to obtain the dismissal of a state court indictment for income tax evasion on double jeopardy grounds because based on the same transaction as a prior federal prosecution.
Ethics
	The firm litigates in the area of legal ethics, both in representing attorneys facing bar complaints or discipline, and in litigating legal malpractice cases.
Mediation/alternative dispute resolution
	Mr. Gross is an active mediator, and has assisted in obtaining settlements in numerous lawsuits, including class actions, trade secrets, wrongful termination and real estate matters.