Practices & Industries

Education

  • New York University School of Law (J.D.)
  • Rutgers University (B.A., cum laude)

Bar/Court Admissions

  • District of Columbia
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, District of New Jersey
  • New Jersey
  • New York

Languages

  • French

Philippe A. Zimmerman

Partner

pzimmerman@mosessinger.com

T(212) 554-7895

F(917) 206-4395

  • Biography

Philippe A. Zimmerman is the Co-Chair and Administrative Head of Moses & Singer’s Litigation practice.  Philippe is also a member of the firm’s Intellectual Property/Entertainment and Labor departments.

He has represented clients in a broad of range of matters in his 20-plus years at Moses & Singer.  Philippe has substantial experience in connection with commercial disputes, including contract, breach of fiduciary duty, unfair competition and ownership disputes.  In addition, Philippe regularly counsels clients in connection with disputes related to licenses, trademarks, copyrights, letters of credit, real-estate, construction and insurance. Over the past few years, Philippe has also been lead counsel for several clients in securities and consumer class-actions.

Philippe represents clients in the financial services, advertising, technology, garment, entertainment, toy and product invention, real-estate, construction and title insurance industries. He has more than two decades of experience representing title companies and their clients, real estate investors and companies, and construction companies in real-estate, construction and ownership oriented disputes.

Philippe strongly believes that successfully representing clients requires careful analysis of the costs and benefits of litigation.  In putting this belief into practice, on-going communication with clients is a critical component of effective representation and early case assessment is essential to making a proper strategic decision as to how and whether to proceed with litigation or attempt to resolve a dispute.

Although primarily representing clients in the federal and state courts of New York, Philippe has represented numerous clients outside of New York, including in California, Delaware, New Jersey, Arkansas, Massachusetts, Colorado and Illinois.  He also possesses substantial experience with arbitration and mediation having appeared before the American Arbitration Association, the Judicial Arbitration and Mediation Service, and the National Arbitration and Mediation Service.

Philippe, who is on the Board of both the National and New York French-American Chamber of Commerce, has counseled a number of French companies on a wide range of matters and speaks French fluently.

Philippe is rated AV Preeminent™ in his field by Martindale-Hubbell. He has been selected as a 2013 Top Rated Lawyer in both Intellectual Property and Labor & Employment by American Lawyer Media and Martindale-Hubbell.

Presentations
  • "Letters of Credit and Credit Insurance in International Transactions," Moderater, French-American Chamber of Commerce, February 2004
  • "Protecting Your Trade Secrets and Clients, and Avoiding Unfair Competition," French-American Chamber of Commerce, November 2002
  • "Bankruptcy Considerations in Real Estate Law," First American Title Insurance, July 2002
Professional Affiliations
  • American Bar Association
  • Board, French-American Chamber of Commerce (National)
  • Board, French-American Chamber of Commerce (New York Chapter)
  • International Trademark Association
  • New Jersey, Essex County, District V-B Ethics Committee (2009-2011)

Representative Matters

  • Represented a major financial institution and casino before the Second Circuit and the Southern District of New York in connection with the dismissal of claims for copyright infringement related to a chandelier. 
  • Represented toy inventors in an arbitration involving the failure to pay royalties owed pursuant to a license agreement for use of invention and.  After 16-day arbitration, the Arbitrator issued an award granting clients an award of several million Euros and hundreds of thousands of dollars, plus attorney’s fees of in excess of $700,000.
  • Represented a leader in the home textile industry in the Southern District of New York and the Eastern District of Pennsylvania in defeating a plaintiff’s claims for a commission in connection with a potential leveraged buy-out.  Following discovery, including numerous depositions, plaintiff’s claims were dismissed on summary judgment.
  • Represented well-known corporate executive in obtaining a decision from the Supreme Court of the County of New York for the State of New York, which was affirmed on appeal, that required the executive’s former company’s insurer to pay the executive’s attorneys’ fees in connection with then ongoing criminal and civil actions.
  • Represented a world renowned architect and artist in connection with obtaining a preliminary injunction enjoining the distribution of a major motion picture because the film infringed the copyright in a drawing created by the architect.  After issuance of the preliminary injunction, the parties entered into an agreement that permitted the continued distribution of the motion picture.
  • Represented garment company in defending action involving numerous parties for breach of contract and fraud related to the acquisition of assets from a third company.  Successfully negotiated a settlement of the dispute, which minimized client’s liability and potential exposure.
  • Defended film producer in two-day copyright infringement trial in the Southern District of New York related to the rights in the first motion picture to win an Academy Award for Best Foreign Language Film.  Trial resulted in a judgment of non-infringement.
  • Represented co-owner of family business in New York State Court against claims of breach of fiduciary duty and breach of contract. 
  • Represented construction company against owner of property in arbitration for non-payment of outstanding invoices, including payments for change orders.  After submission of matters to arbitrator, resolution was successfully negotiated.
  • Represented garment company in obtaining a preliminary injunction in New York State Court enjoining bank from paying on a letter of credit on the basis of fraud.
  • Represented garment company and its customers against claims of trademark and copyright infringement in United States District Court.  Successfully negotiated settlement of all claims after demonstrating to plaintiff that competing product was non-infringing.
  • Represented owner of trademark in a seasonal food product in the Southern District of New York.  Successfully obtained preliminary injunction and then permanent injunction that included an order for the destruction of all products in defendant’s possession, custody or control.