Cynthia Arato

Practice Areas

Cynthia Arato is one of the nation’s leading media and entertainment litigators. With a practice focusing on intellectual property, media and entertainment, and commercial litigation, Cynthia has successfully represented major corporations and prominent artists in copyright, trademark, defamation, right of publicity, and contract and other civil litigation. Cynthia also regularly advises clients on a wide range of intellectual property matters, including emerging technologies and trademark and right of publicity issues related to advertisements and products.

Cynthia has scored victories in numerous cases of first impression for artists such as Lizzo, and the late Frank McCourt. Early in her career, she was lead trial counsel for the Select Committee of Inquiry formed by the House of Representatives in Connecticut in connection with impeachment proceedings related to Governor John G. Rowland and won a landmark ruling from that State’s highest court leading to the Governor’s resignation from office.

Ranked among Lawdragon’s 500 Leading Litigators in America, Cynthia has been recognized in Chambers USA, Crain’s New York Business, IP Managing Stars, Best Lawyers in America, Euromoney, and New York SuperLawyers.

Cynthia co-authored a White Paper on behalf of the News/Media Alliance regarding generative artificial intelligence, which was covered by The New York Times. She gave the keynote address on Artificial Intelligence litigation at the Washington State Bar Association 29th Annual Intellectual Property Institute.

Prior to co-founding Shapiro Arato Bach LLP in 2009, Cynthia was a partner of a leading international law firm, and before that, at other firms of national reputation.

Professional Memberships

Vice-Chair of Volunteer Lawyers for the Arts

Co-Chair of the New York State Bar Association Task Force on the Crisis in Local Journalism

Past Chair of the Copyright & Literary Property Committee of the New York City Bar Association

Member, Committee on Media Law of the New York State Bar Association

Speaker at numerous continuing legal education events covering copyright, law practice management, and privilege issues, including presenting keynote address on Artificial Intelligence litigation at the Washington State Bar Association 29th Annual Intellectual Property Institute.

Work Highlights

Won summary judgment and full affirmance on appeal for Melissa Jefferson pka Lizzo in breach of contract dispute regarding the artist’s right to retain a multi-million dollar payment for a concert that was cancelled due to COVID-19.

Obtained summary judgment and consent judgment in trademark and copyright infringement case prohibiting game developer from promoting and distributing unauthorized mobile game of Sabacc, an element of the Star Wars franchise.

Obtained early dismissal of trademark infringement and dilution claims asserted against a magazine that published a parody use of a famous mark.

Won summary judgment, affirmed on appeal, for defendants in rare ruling that use of a 35-second sample in a sound recording by the artist Drake was a fair use.

Represent large media company in COVID-19 related contract termination dispute against leading stock image agency.

Represented start-up venture, founders, and investors in alleged partnership, trade secret, and idea misappropriation case involving an automated shot tracking device for golf. Obtained dismissal of all intellectual property claims and favorable settlement on remaining claims after discovery.

Represented one of the largest independent record labels in the United States in commercial litigation regarding the right to share in royalty earnings related to the recording artist Drake.

Won summary judgment for major record company dismissing breach of contract claim raising question of first impression regarding the statute of frauds and dismissing infringement claim regarding trademarked logo design. Obtained sanctions against plaintiff and his counsel for discovery abuses.

Represented prominent recording artist in trademark litigation regarding artist’s catchphrase.

Won rare ruling barring plaintiff from recovering monetary damages for alleged copyright infringement. The court rejected contrary rulings and held that even if plaintiff had a timely claim under the “discovery rule,” plaintiff was barred from obtaining a remedy for infringements occurring more than three years before suit was filed.

Obtained dismissal with prejudice in case of first impression regarding the transfer of ownership and work-for-hire provisions of the U.S. Copyright Act in a ruling holding that a videotaped recording cannot satisfy the Act’s signed writing requirements.

Represented foreign publishing societies and publishers in successfully objecting to proposed settlement in the well-known Google Books class action. The court specifically cited Shapiro Arato LLP’s objections in its ruling rejecting the proposed settlement.

Secured rare dismissal with prejudice of infringement claim based on litigation abuses of plaintiff and plaintiff’s counsel. Won affirmance of dismissal on appeal.

Represented major digital service providers and record labels in putative copyright infringement class action challenging exploitation of musical compositions contained in sound recordings being sold as digital downloads. Devised strategy leading plaintiffs to voluntarily dismiss the case. Obtained dismissal of related class action alleging non-payment of contractual royalties in a ruling that also barred plaintiff’s counsel from obtaining discovery to identify a new named plaintiff.

Represented national not-for-profit in trademark dispute against competing not-for-profit using confusingly similar name. Successfully resolved the dispute pre-litigation in settlement that included, among other things, agreement by competing organization to cease use of confusingly similar name.