JAY FLEMMA, ESQ.

*** ******* ****

Utica, NY ****1

Home and cell - 917-***-****

ad0grf@r.postjobfree.com

LEGAL EXPERIENCE

Aug 2014-July 2023 LEGAL AID SOCIETY OF MID-NEW YORK, Utica, NY – Senior foreclosure attorney handling defense of mortgage and tax foreclosures in Oneida, Lewis, Jefferson, Madison and counties. Also handle Chapter 7 bankruptcies in the NDNY. Negotiate and prepare complex business and banking agreements, and review new legal issues as they emerge. Litigate banking and mortgage foreclosure case and bankruptcy cases, including pleadings and motions. Handle myriad interlinked issues such as decedent’s estates, and FEMA disaster relief. Ran the entire banking and tax division for nine months during period of funding crisis, and brought and litigated scam cases and FDCPA cases. Co-authored amicus brief to United States Supreme Court in Tyler v. Hennapin Cty, which we won 9-0. Authored two briefs defending constitutionality of New York state Foreclosure Abuse Prevention Act at Appellate Division, Third department.

Feb 2005-Aug 2014 LAW OFFICES OF JAY FLEMMA, ESQ, New York, NY, - Handle extensive IP and entertainment transactional practice including all trademark searches, applications, prosecution and policing including litigation and inter partes proceedings. Negotiate, prepare, and review entertainment and intellectual property contracts including licenses, sponsorship and co-branding agreements, recording, management, intra-band, producer, publishing, film, and licensing agreements. Advise clients on transactional and intellectual property issues, including litigation, licensing, and Internet IP and media issues. Prepare complex intellectual property licenses and music industry contracts.

Oct 2001-Feb 2005 OF COUNSEL to ALAN S. BERGMAN & ASSOCIATES, P.C.

Handle extensive IP and entertainment transactional practice including all trademark searches, applications, prosecution and policing including litigation and inter partes proceedings. Negotiate, prepare, and review entertainment and intellectual property contracts including licenses, sponsorship and co-branding agreements, recording, management, intra-band, producer, publishing, film, and licensing agreements. Advise clients on transactional and intellectual property issues, including litigation, licensing, and Internet IP and media issues. Prepare complex intellectual property licenses and music industry contracts.

May 2000-Oct 2001 RONALD S. BIENSTOCK, & ASSOCIATES, P.C., New York, NY, ASSOCIATE - Handle extensive trademark practice including all searches, applications, prosecution and policing, including litigation and inter partes proceedings. Many marks are trade dress for high profile corporate clients. Negotiate, prepare, and review music industry contracts including licenses, recording, management, intra-band, producer, and publishing agreements. Advise clients on intellectual property issues, including litigation, licensing, digital media and internet IP issues. Prepare complex IP licenses.

Feb. 1999-May 2000 SMITH, SOVIK, KENDRICK & SUGNET, Syracuse, NY

ASSOCIATE - Case management and litigation of intellectual property, insurance defense and entertainment law both in Federal and State courts. Negotiate, prepare and review music industry contracts including licenses, recording management and intra-band contracts.

June 1996-Feb 1999 ONEIDA COUNTY ATTORNEY'S OFFICE, Utica, NY

ASSISTANT PUBLIC DEFENDER-CIVIL DIVISION - Case Management and litigation of civil cases in Oneida County. Also private entertainment practice, both litigation and transactional.

April 1995-Oct. 1996 NOTTINGHAM, ENGEL, GORDON & KERR, Syracuse, NY

ASSOCIATE - Litigation involving commercial transactions, bankruptcy and entertainment law.

MAJOR CASES AND INVITED EXPERT WITNESS TESTIMONY

SUPREME COURT OF THE UNITED STATES

MGM vs. Grokster, 545 U.S. 913 (2005) Represented and advised Grokster President Wayne Rosso in transactional matters pertaining to file-sharing of music case. Advised client on options and strategies in Supreme Court Case.

Tyler vs. Hennapin County, 598 U.S. 631 (2023) Co-authored successful amicus brief to the U.S. Supreme Court reversing the law if 17 states including New York regarding forfeiture of equity in tax foreclosures.

Deitsche Bank v. Deluca, 2020 N.Y. Slip Op. 71767 Authored brief defending constitutionality of newly-enacted New York Foreclosure Abuse Prevention Act. Litigated case at motion term at trial court and at Appellate Division.

TEACHING EXPERIENCE

June 2000- 2003 PRATT INSTITUTE, New York, NY

ASSOCIATE PROFESSOR - Intellectual Property Law and Business Law

SELECTED PUBLISHED WORKS, COMMITTEES AND LECTURES

September 2023 Cybersecurity CLE to Bankruptcy Judges of the Eastern District of New York.

September 2022 Ethics and Social Media presenter at NYSBA Partnership Conference with Hon. Mark Berman, the largest confab of public sector attorneys in New York.

February 2021, 2020, 2019, and 2018 Invited Expert Witness to NYS Joint Assembly and Senate Budget Hearings on Foreclosure Crisis

February 2021 Ethics and Social Media presenter at one-off presentation to make up for canceled NYSBA Partnership Conference (with Hon. Mark Berman).

October 2018 Ethics and Social Media presenter at NYSBA Partnership Conference with Hon. Mark Berman, the largest confab of public sector attorneys in New York.

July 2017 Lecturer and moderator for CLE Ethics program for Empire Justice Center

January 2001-2005 NYS BAR ASSOC. EXECUTIVE COMMITTEE ON ENTERTAINMENT LAW - PROGRAMS COMMITTEE CHAIR AND CYBERLAW COMMITTEE CHAIR

March 2002-2005 COPYRIGHT SOCIETY NY CHAPTER EXECUTIVE COMMITTEE MEMBER AND MEETINGS COMMITTEE MEMBER

Aug. 2003 NYSBA Entertainment Law and Intellectual Property Journals and ABA Journal of Entertainment Law – The Grokster Decision: It’s a Bird! It’s a Plane! It’s Supernodes?!?

May 2002 JAZZ EDUCATOR’S JOURNAL ARTICLE - Fair Use in the Classroom

Dec. 2001-Present NYS ENTERTAINMENT, SPORTS AND ARTS LAW JOURNAL -

Two articles on parody as fair use and analysis of parody and first amendment issues up to and including Sun Trust v, Houghton.

May 2000 WORLD ENCYCLOPEDIA OF POPULAR MUSIC - chapter on legal issues in the music industry.

Sept. 2003 NYS Bar Lecturer – Entertainment Law the Year in Review

Jun. 2003 Copyright Society – Lecturer – Peer 2 Peer – Downloader, Freeloader or Both?

Mar. 2003 NYSBA – 2003 CLE Conference – lecturer – Music and work-for-hire

Mar. 2003 SOUTH BY SOUTHWEST – CLE Lecturer: Internet file sharing and Work for hire legislation issues.

Oct. 2002 NYU CLE Lecturer – The Future of Digital Downloads

Sept. 2002 NYS Bar CLE – Lecturer – Entertainment Litigation: The Year In Review

Feb. 2002 NYS BAR CLE - Lecturer - The Future of the Parody Defense

1995-present GUEST LECTURER ON ENTERTAINMENT LAW – Various colleges, graduate schools and law schools throughout the U.S.

EDUCATION

1990-1993 SYRACUSE UNIVERSITY COLLEGE OF LAW, J.D. 1993

GPA 3.30, Dean's List Four Semesters

Captain, National Tax Appellate Advocacy Team (Placed 3d in National Championship) Highest Grade in Legal Writing.

1985-1989 TRINITY COLLEGE, B.A., History, GPA 3.9(Major),3.4(Overall)

1982-1985 DEERFIELD ACADEMY, Deerfield, MA

REFERENCES

Hon. J. Craig Kerr, 315-***-****

Hon. Donald Cerio, J.S.C. 315-***-****

Hon. Bernadette Clark, J.S.C. 315-***-****

Hon. Charles Merrill, J.S.C. 315-***-****

Michael Danaher, Esq., Asst. AG, NYS – 607-***-****

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