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.
Representative Experience
- 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.
Recent Publications
- "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.
Memberships
- New York County Lawyers' Association
Selected Representative Experience
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.