Sarah Jacobson is a litigation associate in Haynes and Boone's New York office. Her practice includes advising clients on federal and state commercial disputes, including intellectual property and contract disputes and governmental investigations; counseling and advising clients on a variety of employment issues, including discrimination, harassment and termination issues; and reviewing various employment agreements, including confidentiality and non-compete agreements. She is also an Adjunct Assistant Professor of Law at the Benjamin N. Cardozo School of Law in New York City. Sarah was selected for inclusion in New York Super Lawyers Rising Stars in 2013.
- Secured summary judgment dismissing copyright infringement claims against Marvel Entertainment, LLC and its licensees by a comic book writer claiming ownership of the copyright in Marvel's Ghost Rider character.
- Successfully defended summary judgment in a bid by news station to dismiss an age discrimination lawsuit brought by an award-winning former news director.
- Represented Marvel Entertainment, LLC in a declaratory judgment action seeking to invalidate copyright termination notices issued on behalf of the heirs of Jack Kirby, which sought to obtain rights in numerous iconic Marvel characters.
- Successfully defeated a motion seeking class certification in a lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) related to alleged unsolicited mass fax advertisements.
- "Annual Review of Litigation, Chapter 3: Appellate Practice," contributor, with Kendyl Hanks and Mark Trachtenberg, American Bar Association, Section of Business Law, April 2011.
- "'Pay-for-Delay' Settlements: Antitrust Violation or Proper Exercise of Pharmaceutical Patent Rights?" co-author, Business Law Today, ABA Business Law Section, January 27, 2011.
- New York County Lawyers' Association
- New York Women’s Bar Association
Selected Representative Experience
Kimble v. Marvel Enterprises, Inc., ___ F.3d ___, No. 11-15605, 2013 WL 3621763 (9th Cir. July 16, 2013)
In a case involving the right to produce a Spider-Man role play toy, obtained affirmance of a summary judgment holding that a royalty obligation under a hybrid agreement covering both patent and non-patent claims terminated upon the expiration of the patent.
Lee v. Marvel Enterprises, Inc. 471 Fed.App'x 14 (2d Cir. 2012), aff'g 765 F. Supp. (S.D.N.Y. 2011)
Represented appellee Marvel Entertainment, LLC in successfully opposing appeal from denial of a non-party's motion to vacate judgment dismissing claims with prejudice, intervene as real party in interest and unseal certain documents.
Gary Friedrich Enterprises, LLC v. Marvel Enterprises, Inc., 08-cv-1533 (S.D.N.Y. Dec. 28, 2011)
Represented Marvel and numerous Marvel licensees in action alleging copyright infringement, Lanham Act and state law claims arising from exploitation of Ghost Rider origin story and characters in feature films, video games, toys and other merchandise, securing decisions dismissing Lanham Act and state law claims on motion to dismiss and copyright infringement claims on summary judgment.
Marvel Worldwide, Inc. v. Kirby, 756 F. Supp. 2d 461 (S.D.N.Y. 2011)
Represented Marvel in action for declaration that notices issued by the heirs of comic book artist Jack Kirby seeking to terminate Marvel's copyright interests in numerous comic book characters appearing in Marvel comics were invalid on the ground that all of the characters at issue had been created as works made for hire not subject to termination rights created under the Copyright Act of 1976.
FKF Madison Park Group Owner, LLC Chapter 11
Represented a joint venture, in which the managing member was one of the nation's top real estate development firms, in the acquisition through the bankruptcy process of the debtors' equity in a luxury Manhattan condominium project where secured debt alone is approximately $250 million. Assisted with and coordinated all aspects of the joint venture's efforts, including development of strategy, negotiations with adverse parties, and handling all of the joint venture's transactional, bankruptcy and litigation requirements.