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Fulbright & Jaworski L.L.P.

Joe Zammit, Joseph Zammit, Zammit, Fulbright & Jaworski L.L.P., Fulbright & Jaworski, Fulbright and Jaworski, Fulbright, Copyright Litigation, Copyright Licensing, Trademark Litigation, Trademark Licensing, Trade Secret Litigation, Breach of Warranty, Intellectual Property Insurance, Section 48(a), Unfair Competition, Non-Competition, Covenant Not to Compete Agreements, Technology Transfer, Software Licensing, electronics licensing, Computer Licensing, Employment Agreements, International Licensing, Deceptive Trade Practices, Distribution Agreements, Software Transfer, Computer Law, New York, Harvard Law School, Harvard
Joseph P. Zammit - Fulbright & Jaworski LLP
Joseph P. Zammit
Partner
D: +1 212 318 3346
New York
666 Fifth Avenue
New York, NY 10103-3198
T: +1 212 318 3000
F: +1 212 318 3400
AREAS OF CONCENTRATION
  • Intellectual Property Litigation
  • International Arbitration
  • Arbitration and ADR
  • Computer Law
  • Patents
  • Copyrights
  • Trade Secrets
  • Trademarks
EXPERIENCE

Avoiding or resolving business and intellectual property disputes in an efficient, cost-effective fashion is always the paramount goal for Joe Zammit. Where possible, he achieves that goal through sound legal counseling and skilled negotiation. When necessary, however, he is a tough, savvy, and experienced trial lawyer, acknowledged by his peers for his intelligent strategy, thorough preparation and skillful examinations.

  • As lead counsel, Mr. Zammit has successfully tried over 50 cases, including jury trials, bench trials and arbitrations. His cases have involved claims of intellectual property infringement, breach of contract, business torts, breach of warranty, fraud and unfair competition. As one client put it, Mr. Zammit is "the person I want when I go to litigation." (The Legal 500 - United States, 2009).
  • Mr. Zammit has been recognized for his talents in business litigation by repeatedly being selected for inclusion in Best Lawyers in America, Best Lawyers in New York and New York Super Lawyers
  • Corporate Board Member magazine has named Mr. Zammit one of "America's Best Corporate Lawyers."
  • BTI Consulting Group included Mr. Zammit as one of only 78 lawyers nationwide in its "All Star Team."
  • Mr. Zammit has been recognized in Legal 500 U.S. Guide for his skills in patent litigation involving hi-tech electronics and information technology.
  • Mr. Zammit is an adjunct professor of law at St. John's University, where he has taught a course on "Computers and the Law" for the past 25 years.

Mr. Zammit practices in the New York location of Fulbright & Jaworski L.L.P. A partner since 1979, he heads the New York location's Intellectual Property and Technology Department. He is also Co-Chair of Fulbright's Information Technology Practice Group. In addition, he is a senior member of Fulbright's litigation department.

Mr. Zammit has more than 35 years of experience litigating intellectual property and business disputes. He engages in a broad intellectual property and commercial practice with a concentration on computer, telecommunications and technology related legal matters. His practice includes both traditional court litigation and arbitrations involving patent, copyright and trademark infringement, misappropriation of trade secrets, unfair competition and hardware and software product performance disputes. He has argued appeals in the U.S. Courts of Appeal for the Second, Eleventh and Federal Circuits, as well as in the state appellate courts in New York, including its highest court, the New York Court of Appeals.

Mr. Zammit is a member of Fulbright's International Arbitration and ADR Practice Group. He has successfully prosecuted and defended numerous arbitrations, both domestic and international, before the American Arbitration Association ("AAA"), the International Centre for Dispute Resolution ("ICDR"), the International Chamber of Commerce, the New York Stock Exchange and the NASD. He also represents clients in mediation proceedings. Mr. Zammit is a member of the AAA's Panel of Neutrals and frequently serves as an arbitrator.

Mr. Zammit also engages in a transactional practice, including the negotiation and drafting of various types of data processing, software licensing, outsourcing, services and Internet related agreements and privacy policies.

REPRESENTATIVE EXPERIENCE
  • Lead counsel for defendant in a patent infringement action involving technology for international call-back. Summary judgment of invalidity and non-infringement were entered in favor of Mr. Zammit's client and the Federal Circuit affirmed.
  • Lead counsel in defense of a major life insurance company in a patent infringement action involving a system and method for administering stable value life insurance. Mr. Zammit won summary judgment of non-infringement.
  • Lead counsel for a major telecommunications company in two federal court actions and related international arbitration alleging claims for patent infringement and breach of a patent licensing agreement. The case was favorably settled.
  • Lead counsel in defense of an investment trading firm in a copyright infringement action involving remote procedure call software. The case was settled favorably.
  • Lead counsel for plaintiff in an action seeking damages for breach of a Construction & Maintenance Agreement for an undersea cable. Mr. Zammit won a multi-million dollar summary judgment. In a related action, Mr. Zammit won summary judgment for treble damages against the principals of the defendant for violation of the Racketeer Influenced and Corrupt Organizations Act. Both cases were subsequently settled.
  • Lead counsel for a web site in defense of an action by a competitor for trade dress and patent infringement. Mr. Zammit defeated a motion for preliminary injunction after an evidentiary hearing; thereafter, plaintiff voluntarily dismissed its trade dress claim and summary judgment was granted dismissing the patent claim.
  • Lead counsel in an AAA arbitration involving claims and counterclaims for breach of contract and trade secret misappropriation totaling approximately one billion dollars. After 40 days of hearings, the trade secret claim against Mr. Zammit's client was dismissed and the commercial issues were favorably resolved.
  • Lead counsel in defense of an international airline in an action alleging misappropriation of software trade secrets. Mr. Zammit won judgment as a matter of law at the end of the plaintiff's presentation of evidence.
  • Lead counsel in defense of an action for patent and copyright infringement and misappropriation of trade secrets relating to parallel processing technology and speech recognition. The case was favorably settled.
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • American Arbitration Association
    • Panel of Neutrals
      • Large Case Technology Panel
      • IP Panel
      • Computer Panel
      • Patent Panel
      • Technology Panel
      • ICANN Panel
  • American Bar Association
    • Computer Litigation Committee
    • Science and Technology Section
  • St. John's University, Adjunct Professor of Law (Computers and the Law)
  • Association of the Bar of the City of New York
    • Member, International Commercial Disputes Committee
    • Former Chair of the Information Technology Law Committee
    • Former Chair, Subcommittee on E-Discovery
  • New York State Bar Association
  • ITechLaw
PROFESSIONAL HONORS
  • The Legal 500 - United States, Intellectual Property: Patent Litigation (2008 - 2010)
  • The Best Lawyers in America (2005 - 2011)
  • The Best Lawyers in New York (2005 - 2010)
  • "New York Super Lawyers," Law & Politics (2005 - 2010)
  • "America's Best Corporate Lawyers," Corporate Board Member (July/August 2002)
  • "All-Star Team," BTI Consulting Group, one of 78 lawyers nationwide nominated by their Fortune 1000 clients for providing superior client service (2001)
  • Who's Who in American Law
  • Who's Who in America
PUBLICATIONS

Mr. Zammit is the author of numerous professional articles and a member of the Board of Editors of E-Commerce Law & Strategy.

SPEECHES

Mr. Zammit has lectured widely on the subjects of computer law and international arbitration at programs sponsored by the American Bar Association, the Association of the Bar of the City of New York. the Practising Law Institute, American Lawyer Media, the American Corporate Counsel Association and Fulbright & Jaworski L.L.P.

EDUCATIONAL BACKGROUND

1974 - LL.M., New York University
1971 - J.D., cum laude, Harvard Law School
1968 - A.B., magna cum laude, in cursu honorum, Phi Beta Kappa, Fordham University

Mr. Zammit was licensed to practice law in New York in 1972. He is also admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the Second, Eleventh and Federal Circuits and the U.S. District Courts for the Southern, Eastern, Northern and Western Districts of New York and the District of Colorado.







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