Dyan Gershman is a longtime New York City legal practitioner focusing on transactional matters, commercial contracts and intellectual property licensing. Well-versed in commercial contracts, Dyan Gershman has in-depth knowledge of how dispute resolution clauses are utilized to protect all parties involved.
Dispute resolution clauses set out contract terms necessary to resolve disputes through non-binding or binding arrangements. They may also include requirements of pursuing mediation and arbitration or other types of alternative disputation that avoid civil court. The clause can specify only arbitration and the binding decision this entails or allow opportunities for non-binding mediation and negotiation. Also worth considering when drafting such clauses is whether they cover every form of dispute that might arise or only specific types. Details of impartial arbitration should also be covered, such as whether the selected panel is made up of one or three arbitrator(s) and the venue for meetings. With these and related elements in place, the legal pathway forward should be clear in even the most contentious and convoluted matters.
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Dyan Gershman is a New York City attorney who heads Gershman Law, PLLC and delivers client support in areas that range from technology licensing to joint ventures to complex commercial contracts. One of Dyan Gershman’s areas of extensive knowledge is intellectual property (IP) rights and developments in the IP law sphere.
An area of rapid growth in IP centers on NFTs and blockchain technologies, with trademark applications in this arena rising twofold between 2021 and 2022. New filings span diverse industries, including finance, hospitality, real estate, and entertainment. Along with this has come an explosion of NFT-related filings with the US Patent and Trademark Office (USPTO). One noteworthy case, Hermes International v. Rothschild, involves a suit against artist Martin Rothschild for launching “MetaBirkins” NFTs. These images tweak an image of the iconic Hermes Birkins purse by adding colorful fur. Filed in the Southern District of New York, the case alleges trademark infringement, with Rothschild claiming that First Amendment rights and Rogers’ test of free speech vs. trademark protection secure his NFT endeavor. In May 2022, Rothschild’s Motion to Dismiss was denied, with the court ruling that the amended Hermes complaint had sufficient factual allegation regarding Rothschild’s trademark use not being artistically relevant. With Rothchild’s summary judgment motion attempt also denied, what could be a precedent-setting trial is likely to continue for some time. Dyan Gershman is a longtime member of the New York legal community who oversees a diverse range of corporate transactions at Gershman Law, PLLC. One of Dyan Gershman’s areas of expertise is commercial contracts, which have several essential components, including offer, acceptance, and awareness.
In a contractual offer, the duties and responsibilities of each party are outlined in order to achieve a desired result or exchange of value. Acceptance of such a proposal can take various forms, including conditional acceptance and acceptance by action. It's important to note that acceptance is a crucial element in any binding agreement, as both parties must fully understand the terms of the contract they are entering in to. Inaction is never considered a form of acceptance in a contractual sense. For example, accepting the shipment of unsolicited materials or receiving services provided by one party without explicitly agreeing to the terms does not constitute acceptance. Instead, both parties must explicitly and declaratively accept the terms of the interaction, ideally through a written contract. There is a type of acceptance called conditional acceptance that allows new conditions to be placed over an original offer in certain circumstances. However, it's essential that both parties are aware of and agree to these new conditions and that they do not create hardship for either party. Dyan Gershman is an established Manhattan-based attorney who provides business-related counsel in a wide range of matters, from complex commercial transactions, to property licensing to joint ventures. Dyan Gershman’s experience extends to mergers, acquisitions, and divestitures, and she follows legal developments in the field.
One major merger that has ended in Senate hearings involved the $9 billion tie-up between Safeway and Albertson’s. As part of the process of achieving Federal Trade Commission approval in 2014, the two supermarket giants agreed to divest 168 locations. This addressed concerns raised by the FTC about competition in communities where both chains had stores with overlapping markets. The aim was to avoid giving the new entity a dominant share in any specific region. Unfortunately, the Northwest supermarket chain Haggen, having suddenly grown eightfold through its purchase of 146 Safeway and Albertsons stores, mismanaged the stores it purchased, with workers losing jobs and the company finally sliding into bankruptcy. Rather than promoting competition, the deal was described as a “belly flop” by a corporate restructuring attorney tasked with representing unsecured creditors as the bankruptcy proceeded. In an unusual twist, Albertson’s ultimately purchased back dozens of what had become Haggen stores, at a lower price than it had sold them for. Despite a host of critical voices surrounding this process, the concept of forcing divestitures as a way of promoting competition is far from dead. This pathway forward is currently being discussed by Kroger and Albertsons, which are working with the FTC to arrange a merger by 2024. Based in New York City, Dyan Gershman is founder of Gershman Law, PLLC, where she delivers knowledgeable legal counsel in commercial and corporate matters. Prior to earning a law degree at Boston College Law School, Dyan Gershman had the opportunity to spend a year in France studying the restoration and preservation of historical monuments in France through a Thomas J. Watson Fellowship.
In April 2019, a massive fire engulfed one of Paris’ most important historical sites, the 12th century Notre-Dame Cathedral. While rectangular towers, stained-glass windows, and Christian relics were spared, the oak framework, lead roof, and grand organ were compromised and a ground-up restoration was needed. The large-scale, government-funded undertaking involved first removing scaffolding that had been installed around the spire for renovation prior to the fire. After a year, temporary structures were constructed that secured the walls, towers, and vaults. At this point, the structure was stable enough to start real restoration work. With this type of exacting historical renovation, the mandate is to rebuild to the “state last documented.” For the Notre-Dame Cathedral, this means going back to Eugène-Emmanuel Viollet-le-Duc’s 1844 restoration of the structure and using medieval hand tools to ensure that craftsmanship exactly matches what was previously built. To date, the effort has included harvesting 1,000 oak trees from hundreds of forests across France and involved traditional carpenters, quarrymen, stonecutters, and mortar makers. Dyan Gershman is a seasoned corporate attorney who began her legal career as an associate in the New York office of Jones Day, a global law firm, where she oversaw mergers and acquisitions and other corporate transactions. She established her own law firm, Gershman Law, PLLC, in New York City in 2014, and assists U.S. and international clients with their corporate and transactional legal needs. Dyan Gershman is also a member of several nonprofits, including Hudson River Community Sailing.
The COVID-19 pandemic has had a devastating effect on many charity organizations, but Hudson River Community Sailing (HRCS) based in New York City has managed through these difficult times to stay the course. HRCS continues to engage young minds in hands-on learning and outdoor skills - particularly sailing and leadership skills through its internship program. The HRCS internship program is excellent for older children and teenagers in that sailing requires practical application of science, mathematics, and physics. Consequently, students get exposure to real-world applications of what they've been taught in science classes while also learning to sail. Right from its founding, Hudson River Community Sailing has been committed to making maritime education available to all residents in New York City especially those in underserved areas where access to sailing education is limited. The core purpose of this training is to fortify young students with meaningful skills taught in an engaging manner. A juris doctorate graduate from Boston College Law School, Newton, Massachusetts, Dyan Gershman is the founder and partner at Gershman Law, PLLC, based in New York City. When not working, Dyan Gershman loves kayaking and sailing, having learned to sail in Boston, and holds membership at the Hudson River Community Sailing Club.
Started in 2008 to assist New York City students in acquiring math, science, and leadership skills, the Hudson River Community Sailing initially served 30 students from one school. The club currently serves over 225 students from 13 schools. Besides the regular classes, the club offers other programs to suit different needs through specialized initiatives. One of the latest series is the Adaptive Sailing Program. HRCS piloted the adaptive sailing program with a mission to accord sailing and recreation to people living with disabilities. The initiative aims to cover the recreation gap and exclusion that people with physical limitations face, alongside a lack of accommodative infrastructure, specialized training, enhanced safety, and expert instruction for outdoor activities, especially on-water. 2021 saw five groups drawn from the different organizations participate in the inaugural edition. The club will use the findings to adjust the program, especially the nature of classes, features, and durations. To aid in formulating the best accommodative and fun experience, HRCS partnered with four organizations with a population living with disabilities. The partners include James J. Peters VA Medical Center, Mt. Sinai Hospital Spinal Cord Center, Warrior Sailing, and AHRC. HRCS plans to hold regular sessions and works with US Sailing to assist with training, curriculum formulation, adaptive features, and equipment acquisition. New York City attorney Dyan Gershman represents clients in matters related to corporate law, mergers and acquisitions, joint ventures, and commercial contracts. When she is not working at Gershman Law, PLLC, Dyan Gershman supports numerous charitable organizations such as the Catskill Animal Sanctuary.
A 150-acre animal refuge in the Hudson Valley, the Catskill Animal Sanctuary is home to 11 species of farm animals that have been rescued from cruel and inhumane living conditions. To promote the transformational connection between animals and humans, the organization offers virtual field trips for children. Virtual programs, which focus on how and why animal sanctuaries rescue farm animals, encourage students to interact and ask questions. The programs can be tailored to focus on specific species such as sheep, goats, rabbits, cows, or chickens, or they may explore general topics related to animal rescue. Accredited by the Global Federation of Animal Sanctuaries, the Catskill Animal Sanctuary holds a four-star rating on Charity Navigator and a Platinum ranking on GuideStar, which evaluates charitable organizations based on transparency and accountability. In New York City, Dyan Gershman is an accomplished legal practitioner who founded Gershman Law, PLLC, in 2014 and serves as its managing partner. Over the course of her two-decade legal career, Dyan Gershman has provided numerous U.S. and international clients with personalized legal advice, focusing on corporate matters such as mergers and acquisitions, technology and intellectual property licensing, and other corporate and commercial matters. She is also a longtime member of the Women’s Bar Association of the State of New York (WBASNY).
In January 2022, the Women’s Bar Association of the State of New York applauded the response of the state’s governor to the juvenile justice system of New York. Governor Kathy Hochul signed a bill that stops the process of treating unruly behaviors of children aged seven to 12 as juvenile delinquents. Rather than taking the cases to the juvenile justice system, the bill introduces separate programs for children in the age bracket whose behavior translates into a violation of the law. Advocates believe that the former system treats children like criminals, even for crimes that are not violent. The purpose of the response programs is to reduce the rate of interactions between juveniles and the justice system since these exposures could hamper their education and future career development, among other things. Other potential risks include suicidal thoughts and mental illness. It appears that leniency due to their young age may be a more humane and practical approach. |
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