Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel

Michael Fainberg

Michael Fainberg, Partner at Arent Fox
Michael Fainberg
New York, NY

Michael Fainberg is a partner and registered US patent attorney in the Arent Fox Intellectual Property (IP) group. He specializes in protection, transfer and enforcement of patents, trademarks and copyrights. He has a technical expertise and industry experience in the field of computer and network engineering and counsels clients in the areas of computer and Internet law. As a native Russian speaker, he has developed an extensive and specialized legal practice with Russian companies doing business in the US, Europe, and worldwide.

Client Work

Michael specializes in development and management of global patent, trademark and copyright portfolios for technology companies. He also assists with IP-related litigations, opinions and transactions. For example, he defends tech companies against patent trolls. He prepares patent invalidity, non-infringement and freedom-to-operate opinions in various technologies. He also conducts IP evaluations and due diligence in support of corporate mergers and acquisitions, IP asset purchases, sales and licensing transactions.

Michael is registered to practice before the US Patent and Trademark Office (USPTO) and has prosecuted hundreds of patents in the areas of electronics, computer software, hardware and networks, wireless telecommunications, network security, mobile apps, enterprise software applications, medical devices, automotive systems, renewable energy, business methods and other areas. He has obtained many patents within as little as one year using the USPTO’s accelerated and prioritized examination programs.

Being a native of Russia and educated in the US, Michael has developed an extensive legal practice with Russian companies. He counsels Russian entrepreneurs, high-tech startups and multinational tech companies in the areas of protection, transfer and enforcement of patents, trademarks and copyrights in the US, Europe and worldwide. Michael has built and manages a team of Russian-speaking patent attorneys and legal specialists that support the specific needs of Russian and CIS-based clients.

Michael has extensive connections with companies, law firms, business associations and government agencies in CIS countries, and often serves as a liaison between Russian and American clients. He also frequently visits Russia and speaks at conferences on various legal issues facing Russian companies entering the US market. Also, as a member of the International Policy Committee of the US Chamber of Commerce, Michael is well informed about the current state of American policies effecting US-Russian business relations, such as Transatlantic Trade and Investment Partnership (TTIP), bilateral trade agreements, IP harmonization initiatives, etc.

With the advantage of Arent Fox’s significant legal expertise in the areas of international trade, import/export regulations, government relations, international arbitration and dispute resolution, litigation and other practice areas, Michael is also able to assist Russian clients with various non-IP-related matters. For example, he represented a Russian technology company in a breach of contract litigation against a distributor in a state court and defended this company in a consumer protection class action in a federal court. He also counseled a Russian metallurgical company on antidumping issues and a Russian technology company on US government relations.

Previous Work

Prior to joining Arent Fox, Michael was an associate in the New York office of a prominent law firm. He also worked as a patent agent while attending law school.

Professional Activities

Michael is a member of the International Policy Committee of the US Chamber of Commerce.

Press Coverage

  • “Accelerated Examination is Better Examination” on
  • “Apple, Samsung Go Head-to-Head Over Handset Patents” in Mobile Marketer

Publications, Presentations and Recognitions

  • “Approaches to Registration and Protection of Trademarks in the U.S.” the VI International Forum “Intellectual Property - XXI Century” organized by the Chamber of Commerce and Industry of the Russian Federation, April 2013, Moscow, Russia
  • Recent Developments in the U.S. Patent Practice,” the VI International Forum “Intellectual Property - XXI Century” organized by the Chamber of Commerce and Industry of the Russian Federation, April 2013, Moscow, Russia
  • “Evolution of the Standard of Patentability in the United States,” St. Petersburg’s 10th Annual Collegial Readings on Intellectual Property, June 2010, St. Petersburg, Russia
  • “Investment in Russian-Developed IP,” Russia-America: Trade and Investment Cooperation Forum organized by Russian Managers Association, Chamber of Commerce and Industry of the Russian Federation and San Francisco Global Trade Council, June 2008, San Francisco, California
  • “Protection and Monetization of Russian-Developed IP in the US,” Russian Venture Forum and Fair organized by Russian Private Equity and Venture Capital Association, October 2006, St. Petersburg, Russia
  • “Intellectual Property Protection in the US: Patents and Trademarks,” Gorodissky & Partners’ 4th Annual Seminar on Strategies for Protecting and Managing of Company’s IP, April 2006, Moscow, Russia
  • “Analysis of the Interference between IEEE 802.11b and Bluetooth Systems,” IEEE 54th Vehicular Technology Conference, October 2001, Atlantic City, New Jersey
  • “Maximizing Performance of a Wireless LAN in the Presence of Bluetooth,” The Third IEEE Workshop on Wireless LANs, September 2001, Newton, Massachusetts

Blog Posts by Michael Fainberg

Payment Processing, Electronic Fund Transfers & Mobile Payments, Prepaid & Stored Value Cards, Privacy & Security
Federal Judge Approves Target’s $10 Million Settlement for Consumer Class Action Lawsuit over 2013 Data Breach

On March 19, 2015, a Minnesota federal judge granted preliminary approval of Target Corporation’s (Target) proposed $10 million settlement of a class action lawsuit, which arose out of a 2013 data breach that compromised personal information of roughly 110 million of Target’s customers. The proposed settlement would pay out $10 million to the plaintiffs and up to $6.75 million in attorney fees. Consumers affected by the breach could be awarded up to $10,000 in damages each if they can prove damages.

This case is significant for two main reasons. First, the fact that the plaintiffs were able to defeat a motion to dismiss for lack of standing to sue indicates that the bar may be lowering for successfully alleging injury in data breach lawsuits. Second, the Court’s approval of the proposed settlement raises the question of whether the settlement amount will become a benchmark in  future data breach cases.

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.