Recent News - Frank M. Misiti


NCBA Names Rivkin Radler a Top Pro Bono Law Firm
March 8, 2021

The Nassau County Bar Association, The Safe Center LI and Nassau Suffolk Law Services have named Rivkin Radler a top law firm in pro bono service for 2020.

The annual awards rank law firms by total number of pro bono service hours within their category. Rivkin Radler logged the second-largest number of pro bono hours

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Cannata and Misiti to Present at NYIPLA Panel
August 10, 2020 | Intellectual Property

On August 13, Michael Cannata and Frank Misiti will present on a New York Intellectual Property Law Association panel.

The panelists will analyze the Supreme Court’s decision in U.S. Patent and Trademark Office v. Booking.com B.V., dealing with the registrability and protectability of “generic.com” trademarks, and the potential impact of the Booking.com decision going forward.

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Cannata, Misiti and Smirti File Amicus Brief with U.S. Supreme Court
February 20, 2020 | Intellectual Property

On February 19, Mike Cannata, Frank Misiti, and Steve Smirti filed an amicus brief with the U.S. Supreme Court as counsel of record for the New York Intellectual Property Law Association in the United States Patent and Trademark Office v. Booking.com B.V. matter.  This case addresses whether the addition, by an online business, of “.com” to

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USLAW Magazine+ Publishes Article by Cannata, Del Pizzo and Misiti
January 14, 2020 | Intellectual Property

The article, “U.S. Supreme Court Rules That ‘FUCT(R)’ Is Fine,” which was written by Michael Cannata, Nancy Del Pizzo and Frank Misiti, appeared in the digital publication, USLAW Magazine+.

To read the article, click here.

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Program: IP Issues in Marketing and Advertising
December 13, 2019 | Commercial Litigation | Intellectual Property

The January 23rd Business Owners Seminar Series (BOSS) program will focus on intellectual property, an important business asset. Hosted by Michael Mulè, attendees will learn from Michael Cannata and Frank Misiti how to protect themselves from costly intellectual property litigation.

For more information and to register, click here.

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Troisi, Misiti and Mulholland Secure Dismissal of Tortious Interference Claim
October 10, 2019 | Commercial Litigation | Insurance Coverage

Michael Troisi, Frank Misiti and Laura Mulholland secured  pre-answer dismissal of a tortious interference with contract claim asserted against our insurance company client.

Plaintiffs asserted that our client tortiously interfered with a contract entered into between plaintiffs and their supplementary uninsured motorist (SUM) insurer, based on our client having “rushed to send” a settlement check,

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Chambers and Partners Recognizes Rivkin Radler
April 25, 2019 | Health Services | Insurance Coverage

Uniondale, New York – April 25, 2019 – The prestigious Chambers USA Directory has once again included Rivkin Radler LLP in its New York rankings.  The firm’s Insurance Coverage Practice Group is ranked in Band 3 in the Insurance: Dispute Resolution: Insurer category and its Health Services Practice Group ranked in Band 4 in the

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Cannata, Misiti and Smirti File another Amicus Brief with U.S. Supreme Court
February 27, 2019 | Intellectual Property

On February 26, Mike Cannata, Frank Misiti, and Steve Smirti filed an amicus brief with the U.S. Supreme Court as counsel of record for the New York Intellectual Property Law Association in a case styled Iancu v. Brunetti.  The case addresses the constitutionality of the provision of the Lanham Act which prohibits the federal registration of

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Rivkin Attorneys Secure Injunction against Cyber-Squatters
February 19, 2019 | Intellectual Property

Michael Cannata and Frank Misiti secured a preliminary injunction before Judge Bianco in the U.S. District Court for the Eastern District of New York in a cyber-squatting action.  The injunction requires defendants to take down certain websites and social media accounts, and prevents defendants from transferring those assets pending the resolution of the action.

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Cannata, Smirti, Misiti and Gordon File Amicus Brief with U.S. Supreme Court
December 19, 2018 | Intellectual Property

Earlier this week, Mike Cannata, Steve Smirti, Frank Misiti, and Stu Gordon filed an amicus brief with the U.S. Supreme Court on behalf of the New York Intellectual Property Law Association in a case styled Mission Product Holdings, Inc. v. Tempnology, LLC.  The case concerns the rights of a trademark licensee to continue to use

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Versichelli and Misiti Obtain Summary Judgment
July 13, 2018 | Commercial Litigation | Insurance Coverage

Michael Versichelli and Frank Misiti obtained summary judgment dismissing claims against State Farm Mutual Automobile Insurance Company for defense and indemnification of an underlying wrongful death/personal injury judgment in the amount of $2.98 million.

The underlying lawsuit arose out of a motor vehicle accident whereby the insured’s daughter was following the insured (her mother) in

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NCBA Names Rivkin Radler a Top Pro Bono Law Firm
April 24, 2018

The Nassau County Bar Association (NCBA), The Safe Center LI (TSCLI) and Nassau Suffolk Law Services (NSLS) have named Rivkin Radler a top law firm in pro bono service for 2017. This is the fourth consecutive year the firm has been recognized.

The annual award, which ranks law firms by categories based on size, also

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Rivkin Radler to Host Intellectual Property Presentation
January 9, 2018 | Intellectual Property

On Thursday, January 18, from 8:30 a.m. to 10:00 a.m., Michael Mulè will host the first program in the Business Owners’ Seminar Series (BOSS). Michael Cannata, Frank Misiti and Steve Smirti will give a presentation entitled, “Intellectual Property 101: IP Issues in Marketing and Advertising.”

During this session, business owners will learn tactics from partners in

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Gurdus Presenting CLE for NCBA
January 3, 2018 | Insurance Coverage

Jason Gurdus will be presenting a Dean’s Hour CLE for the Nassau County Bar Association on January 30, 2018 on the topic of “New York Insurance Construction Defects.”

The Dean’s Hour, hosted by Michael Cannata and Frank Misiti, co-chairs of the NCBA’s Insurance Law committee, will feature a talk highlighting insurance coverage considerations in connection with construction

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Don’t Go It Alone: Insurance For Intellectual Property Claims
July 5, 2017 | Insurance Coverage | Intellectual Property

Michael Cannata and Frank Misiti will be participating in the upcoming Nassau County Bar Association CLE program entitled, “Don’t Go It Alone: Insurance For Intellectual Property Claims.” The program will be held at the Nassau County Bar Association on July 18, from 5:30-6:30 PM and is accredited for one CLE credit in professional practice or

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Rivkin Radler Attorneys Chair 5 NCBA Committees
June 14, 2017

The Nassau County Bar Association announced its list of committee chairs and vice-chairs today. The firm’s lawyers occupy a leadership position in five separate committees.

Matthew Spero is chairing the Bankruptcy Law Committee which reviews recent decisions on bankruptcy law and their implications for attorneys who represent debtors or creditors.

George DeHaven is chair of the Defendant’s

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Cannata and Misiti to Present at NYIPLA Seminar
June 9, 2017 | Insurance Coverage | Intellectual Property

Michael Cannata and Frank Misiti will be presenters at the upcoming New York Intellectual Property Law Association CLE seminar entitled, “Hot Topics in Trademark Law.” The event is being held at the Princeton Club in New York City on July 19, 2017.

Michael and Frank will presenting, “Don’t Go At It Alone: Insurance for Intellectual

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Misiti & Gorfinkel Obtain Affirmance in Appellate Division
April 12, 2017 | Insurance Coverage

Frank Misiti and Paul Gorfinkel obtained an affirmance in the Appellate Division, Fourth Department of a declaratory judgment in Time Cap Development Corp. v. Colony Insurance Company, et al., v. Cincinnati Insurance Company, that an insurer was “wholly excess” to the insurance issued to a mutual insured for an underlying personal injury action.  The Fourth

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NCBA Names Rivkin Radler a Top Pro Bono Law Firm
April 6, 2017

We are proud to announce that the Nassau County Bar Association, The Safe Center LI and Nassau Suffolk Law Services has named Rivkin Radler a top law firm in pro bono service for 2016. This is the third consecutive year the firm has been recognized.

Individual attorneys receiving recognition include Brian Boxler, William Cornachio, Ryan

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Smirti, Cannata & Misiti Secure Dismissal of Trade Dress and Trademark Infringement Lawsuit
March 10, 2017 | Intellectual Property | Insurance Coverage

Michael C. Cannata, Frank M. Misiti, and Stephen J. Smirti, Jr. successfully secured the dismissal of a hotly contested trade dress and trademark infringement lawsuit against the Firm’s client Sweaty Bands, LLC.  The lawsuit was filed in the U.S. District Court for the Southern District of New York by Sparkly Soul, Inc., a direct competitor in

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Cannata and Misiti Article Published in Intellectual Property & Technology Law Journal
March 6, 2017 | Insurance Coverage | Intellectual Property

Michael C. Cannata’s and Frank M. Misiti’s article entitled, “Starbucks Hits the Bong Designer In the Wallet,” was published in the February 2017 issue of the Intellectual Property & Technology Law Journal.

Click here to read the article.

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Rivkin Radler Elects 6 New Partners
January 1, 2017 | Privacy, Data & Cyber Law | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability | General Liability | Insurance Coverage | Insurance Fraud | Intellectual Property

Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Avigael Fyman, Ryan Goldberg, Matthew Lampert, Robert Maloney, Sean McAloon and Frank Misiti have been elected Partners.

“These attorneys are exceptionally talented, and we are proud to call them our partners.  In addition to their impressive legal accomplishments, they are active

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Smirti, Cannata & Misiti Prepare Amicus Brief for the United States Supreme Court
November 28, 2016 | Intellectual Property

Steve Smirti, Mike Cannata, and Frank Misiti, members of the Firm’s intellectual property practice group, participated in the drafting of an amicus brief submitted on behalf of the New York Intellectual Property Law Association in the matter of In re Tam pending before the United States Supreme Court.  The case is of critical importance as

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Rivkin Radler Hosts NYIPLA Program on Lanham Act Damages
November 14, 2016 | Insurance Coverage | Intellectual Property

On November 10, 2016, the New York Intellectual Property Law Association’s Trademark Law and Practice Committee hosted a panel discussion at Rivkin Radler LLP’s Long Island office entitled “Show Me The Money! A Primer on Lanham Act Damages.”

The panel members included Dana Trexler Smith, a partner in the Forensic, Litigation and Valuation Services Group

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Cannata and Misiti publish article in New York Intellectual Property Law Association’s “The Report”
October 24, 2016 | Insurance Coverage | Intellectual Property

Michael Cannata and Frank Misiti have written an article entitled, “Infringement of Adult Images Ex(xx)ed Out of Coverage,” which was published in the New York Intellectual Property Law Association’s August/September 2016 issue of “The Report.”

Click here to read the article.

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Cannata & Misiti Published in FC&S Legal
June 14, 2016 | Insurance Coverage | Intellectual Property

Michael Cannata’s and Frank Misiti’s article entitled, “No Coverage for the Sale of Counterfeit Goods,” was published in FC&S Legal: The Insurance Information Center publication.

To read the full article, Click Here.

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Savino, Gorfinkel, and Misiti Obtain Summary Judgment for Insurer, Defeating Alleged Additional Insured’s Estoppel Claim
February 5, 2016 | Insurance Coverage

William Savino, Paul Gorfinkel, and Frank Misiti obtained summary judgment on behalf of an insurer in an action by a party claiming to be an additional insured. The ruling is an important victory for insurers because it rejects an alleged additional insured’s attempt to expansively apply the estoppel doctrine.

In Temple Beth Shalom Foundation, Inc.

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Savino, Gorfinkel & Misiti secure declaratory judgment
August 11, 2015 | Insurance Coverage

William Savino, Paul Gorfinkel and Frank Misiti secured a declaratory judgment in Time Cap Development Corp. v. Colony Insurance Company, et al., v. Cincinnati Insurance Company, (New York State Supreme Court, Onondaga County) that an insurer was “wholly excess” to the insurance issued to the insurers’ mutual insured for an underlying personal injury action.

The underlying

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Rivkin Radler secures Declaratory Judgment on behalf of Central Mutual Insurance Company
June 27, 2014 | Insurance Coverage | Appeals

William Savino, Paul Gorfinkel and Frank Misiti secured a declaratory judgment in Central Mutual Insurance Company v. Willig, et al., (N.D.N.Y.) that the insurer had no obligation to defend or indemnify the insured for an underlying lawsuit which sought damages arising out of the right to use an easement to access the shores of Lake George. 

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