ATTORNEY ADVERTISING. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
PRIOR CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN FUTURE CASES.
Education

  • New York University School of Law (J.D. 1988)
    Note and Comment Editor, New York University Law Review
    National First Prize, Nathan Burkan Memorial Competition for papers on copyright law
    Paul D. Kaufman Memorial Award for outstanding note written for the NYU Law Review

  • Queens College/City University of New York (B.A., magna cum laude, 1985)

Memberships & Affiliations

  • Breeders’ Cup Properties Ltd. (past-Board)

  • New York Therapeutic Riding Center (Advisory Board)

Honors & Distinctions

  • Recognized by Chambers USA as one of the top copyright and trademark attorneys in New York

  • Recognized by Best Lawyers as one of the preeminent Intellectual Property litigators in New York

  • Recognized as a New York Super Lawyer in Entertainment & Sports, Intellectual Property Litigation, and Gaming

Selected Publications

  • What Does DOJ Have Against the Interstate Horseracing Act?, 10 Gaming Law Review 446 (2006)

  • 2002 Trademark Law Decisions of the Federal Circuit, 52 American University Law Review 999 (2003)

  • FXA on IP: Striking a Balance in Intellectual Property Cases, A Tribute to Judge Frank X. Altimari, 15 Touro Law Review 1469 (1999)

  • What's All the Fuss About Feist? The Sky Is Not Falling on the Intellectual Property Rights of Online Database Proprietors, 17 Dayton Law Review 563 (1992) (with P. Shiels)

  • The Creative Commissioner: Commissioned Works Under the Copyright Act of 1976, 62 New York University Law Review 373 (1987) and 37 ASCAP Copyright Law Symposium 1 (1990)

Robert Penchina

Bob concentrates his practice in intellectual property, media, sports, entertainment, and gambling law. He counsels news organizations, television networks, publishers, sports organizations, fashion houses, and others in licensing and protecting their intellectual property, and litigates on behalf of a wide range of clients defending or asserting claims of copyright and trademark infringement.

Bob also has represented media organizations in proceedings before the United States Congress and has appeared on behalf of the horseracing industry before numerous state and federal law-making and regulatory bodies.

Chambers USA has reported that clients describe Bob as “an amazing adviser,” who is “incredibly responsive, very thoughtful and practically minded.”

Bob began his legal career as a law clerk to the Honorable Frank X. Altimari of the United States Court of Appeals for the Second Circuit. Bob then joined the New York office of Rogers & Wells, which later merged with London-based Clifford Chance, where Bob served as head of the copyright and trademark practice in North America before joining LSKS in 2004.

Notable Matters

Tarantino v. Gawker Media, LLC (C.D. Cal. 2014). Bob served as lead counsel in the successful defense of Gawker against copyright infringement claims asserted by filmmaker Quentin Tarantino, who filed suit after Gawker reported on the leak of Tarantino’s screenplay for the film The Hateful Eight. This widely followed case, which was dismissed by the court, raised issues relating to fair use and potential liability under the Copyright Act for linking to online content.

Dallal v. The New York Times Co., 352 F. App'x 508 (2d Cir. 2009). Bob served as lead counsel for The New York Times in a two-week jury trial in a copyright infringement action brought by a freelance photographer who sought $52.5 million in damages. The photographer alleged that the newspaper had no right to publish approximately one hundred of his photographs on NYTimes.com. The jury unanimously sided with the newspaper, and, one week after hearing oral argument on appeal, the Second Circuit affirmed its judgment.

BroadVision, Inc. v. General Electric Co., 2009 WL 2603145, 2009 WL 1392059, and 2008 WL 4684114 (S.D.N.Y. 2009). Bob successfully defended GE against a series of complaints asserting copyright infringement and related claims arising from its alleged use of software beyond the scope of a license.

NBC Universal, Inc. v. Redlasso, Inc. (S.D.N.Y. 2008). On behalf of NBC Universal, Fox News Network, LLC, and Fox Television Stations, Inc., Bob successfully asserted copyright and trademark infringement claims against a company distributing television programming via the internet, and obtained a permanent injunction prohibiting use of the networks’ content without their permission.

  • Robert Penchina
  • Partner
  • 321 West 44th Street
    Suite 1000
    New York, NY 10036


Bar & Court Admissions

  • New York

  • U.S. Supreme Court

  • U.S. Courts of Appeals for the Second and Third Circuits

  • U.S. District Courts for the Northern District of Illinois and the Southern, Northern, and Eastern Districts of New York