Arnold B. Calmann
Member
One Gateway Center • 10th Floor, Suite 1000 • Newark, NJ • 07102-5311
Direct Dial: 973-645-4828 |
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abc@saiber.com
Arnie Calmann concentrates his practice in corporate, commercial, complex and multi-party litigation with an emphasis on business torts, antitrust and trade regulation, intellectual property, trade secrets, competition law and professional malpractice matters. His practice includes sales, distribution, marketing and franchise matters, corporate compliance, and officer and director counseling for national and international clients. Arnie has over 36 years of legal experience.
Professional History
Deputy Attorney General, Antitrust Section, Office of the Attorney General, State of New Jersey 1972-1975.
Representative Matters
Counsel in numerous intelectual property litigations, including assisting as co-counsel in Hatch-Waxman pharmaceutical infringement and antitrust matters.
Assisted for more than 13 years in representing a defendant Japanese consumer electronics products manufacturer in In re Japanese Electronic Products Antitrust Litigation (alleged antitrust price fixing conspiracy), which led to the Matsushita decision in the United States Supreme Court.
Served as Liaison Counsel for defendants in In re Baby Food Antitrust Litigation (D.N.J.).
Served as co-trial counsel for plaintiff trademark registrant in Natural Footwear Ltd. v. Hart Schaffner & Marx and Roots, Inc. (3d Cir.)
Lead trial counsel for distributor/franchisee plaintiff in Atlantic City Coin & Slot Service Co., Inc. v. IGT (D.N.J.), a franchise, business torts and contract matter.
Lead trial counsel for defendant cruise line in Blumenfeld Development Corp. v. Carnival Cruise Lines (E.D.Pa.), concerning trademark and unfair competition.
Lead trial counsel for defendant ice cream supplier in Roman Distributing Corp. v. Haagen Daz, (App. Div., N.J.). a termination of distributor, business torts, antitrust, and contract matter.
Noteworthy Decisions
Assisted for more than 13 years in representing a defendant Japanese consumer electronics products manufacturer in In re Japanese Electronic Products Antitrust Litigation (alleged antitrust price fixing conspiracy), which led to the Matsushita decision in the United States Supreme Court.
Served as Liaison Counsel for defendants in In re Baby Food Antitrust Litigation (D.N.J.).
Served as co-trial counsel for plaintiff trademark registrant in Natural Footwear Ltd. v. Hart Schaffner & Marx and Roots, Inc. (3d Cir.)
Lead trial counsel for distributor/franchisee plaintiff in Atlantic City Coin & Slot Service Co., Inc. v. IGT (D.N.J.), a franchise, business torts and contract matter.
Lead trial counsel for defendant cruise line in Blumenfeld Development Corp. v. Carnival Cruise Lines (E.D.Pa.), concerning trademark and unfair competition.
Lead trial counsel for defendant ice cream supplier in Roman Distributing Corp. v. Haagen Daz, (App. Div., N.J.). a termination of distributor, business torts, antitrust, and contract matter.
Honors and Awards
New Jersey Super Lawyers, 2005-2010
Publications
Antitrust Roundtable: "Antitrust-Finding the Balance," GC Mid-Atlantic, Dec. 2006/Jan. 2007
"Antitrust Issues in Licensing, "Practising Law Institute," Understanding the Intellectual Property License, 2006, Nov. 28, 2006
"Antitrust Issues in Licensing, "Practising Law Institute," Understanding the Intellectual Property License, 2005, Nov. 18, 2005
"Antitrust Enforcement: Antitrust for the Mind and the World," The Metropolitan Corporate Counsel, Dec. 2003 (Interview)
"Records Retention and Compliance - The Evolving Burden on Corporate Counsel," The Metropolitan Corporate Counsel, June 2003 (Interview)
"How I Advise Shredders," The Star-Ledger, Aug. 19, 2002 (Interview)
"Commentary on Antitrust: 1999-2000," The Metropolitan Corporate Counsel, Dec. 2000
"Commentary on Antitrust: 1998-1999," The Metropolitan Corporate Counsel, May 1999
"Go Directly to Jail: New Federal Criminal Law Protects Trade Secrets," 151 N.J.L.J. 1024, 1998
"Business Electronics Corp. v. Sharp Electronics Corp.: Restraints Permitted in Vertical Distribution Field," 122 N.J.L.J. 386, Aug. 11, 1988
"The New World of Protective Orders," New Jersey Lawyer 24, July/Aug. 1996
"Common Law Rights to the Rescue," Intellectual Property Law Supplement, 131 N.J.L.J. 1276, 1992
"Practical Guide to Europe 1992," New Jersey Lawyer, Spring 1992 (Co-author)
"Introduction to a New Europe: A Primer for 1992," 20 Int'l Business Lawyer, Jan. 1992 (Co-author)
"Antitrust and Supplier-Distributor Relations," 139 New Jersey Lawyer 30, March/April 1991
"Antitrust: The Terminated Distributor-Clipping Plaintiffs' Wings," 120 N.J.L.J. 189, July 23, 1987
"Purchasing Power, Associations and the Antitrust Laws: A Brief Perspective," Nat'l Purchasing Review, 20, May/July 1980 (Co-author)
"Antitrust Regulations: A Program for State and Local Action," 51 N.J. Municipalities 14, June 1974
"State Antitrust Enforcement: Myths and Realities," 97 N.J.L.J. 185, March 1974
Presentations
"Local Patent Rules: Same But Different?" United States District Court for the District of New Jersey, October 2009
“Antitrust Issue in Licensing,” Practising Law Institute, Understanding the Intellectual Property License, 2007 (Nov. 2007)
"Antitrust Issues in Licensing," Practising Law Institute, Understanding the Intellectual Property License, 2006 (Nov. 28, 2006)
New Developments in Antitrust Law: Update 2006," N.J. Institute for Continuing Legal Education, Nov. 16, 2006
"E-Discovery and the New Federal Rules: A Shock to Corporate Governance," Client Presentation, Newark, NJ, Nov. 15, 2006
"Antitrust Issues in Licensing," Practising Law Institute, Understanding the Intellectual Property License, New York, N.Y., Nov. 18, 2005
“Document Retention and Destruction in New Jersey,” Lorman Education Services, Fairfield, NJ, June 29, 2005
“The Indispensable Guide to Antitrust Law: Antitrust Fundamentals,” N.J. Institute for Continuing Legal Education, Feb. 27, 2004
“Antitrust Compliance: An Ounce of Prevention is Worth a Pound of Cure,” Stamford, Conn., Sept. 24, 2003
“Antitrust Developments,” Greater N.Y. Chapter, American Corporate Counsel Association, Jan. 16, 2001
“Survey of Recent Antitrust Developments: The Millennium Year,” Greater N.Y. Chapter, American Corporate Counsel Association, Jan. 18, 2000
“Antitrust ’99: Annual Report,” N.J. Corporate Counsel Association, Feb. 11, 1999
“Intellectual Property: Annual Report,” N.J. Corporate Counsel Association, Sept. 16, 1998
“Annual Antitrust Update,” Greater N.Y. Chapter, American Corporate Counsel Association, Jan. 14, 1998
“Antitrust ‘97: Annual Report,” N.J. Corporate Counsel Association, May 1, 1997
“Survey of Recent Antitrust Developments,” Greater N.Y. Chapter, American Corporate Counsel Association, Jan. 16, 1997
“Antitrust ’96: Annual Report and New Frontiers,” N.J. Corporate Counsel Association, March 21, 1996
“Antitrust ’95: The Shape of Things to Come,” N.J. Corporate Counsel Association, Dec. 8, 1994
“Doing Business in Europe and Japan: Competitive Strategies for U.S. Companies,” N.J. Institute for Continuing Legal Education, Jan. 22, 1994
“Corporate Litigation: It’s Not Just Whether You Win or Lose,” Corporate Counsel Committee, Gen. Practice Section, ABA Annual Meeting, Aug. 1993
“New Directions in Antitrust Enforcement,” First Annual Business Practices Symposium, N.J. Institute for Continuing Legal Education, 1993
“Antitrust Fundamentals,” N.J. Institute for Continuing Legal Education, Feb. 13, 1993
“Recent Antitrust Developments,” Greater N.Y. Chapter, American Corporate Counsel Association, Jan. 22, 1993
“Damages in Commercial Litigation,” Lorman Education Services, Oct. 23, 1992
“100 Years of Antitrust Law - What’s Next?” 1991 NJSBA Annual Meeting, Antitrust Law Committee, May 17, 1991
“The New Antitrust: Competition in the Bush-Florio Era,” 1990 NJSBA Annual Meeting, Antitrust Law Committee, May 18, 1990
“Europe ’92 – Corporate Counsel Prepare for the Open Door in the Common Market,” 1989 ABA Annual Meeting, Corporate Counsel Committee, Section of General Practice, Aug. 7, 1989
“Litigating and Winning Trademark Infringement Suits,” 1988 ABA Fall Annual Meeting, Section of Litigation, Trial Practice Committee, High Technology, Intellectual Property & Patent Trials Subcommittee, Oct. 21, 1988
“Changing Times: The Corporate Counsel’s Role in Litigation,” 1988 ABA Annual Meeting, Corporate Counsel Committee, Section of General Practice, Aug. 5, 1988
“Motions in Limine,” ABA Mid-Year Meeting, Section of Litigation, Trial Practice Committee, April 23, 1988
“Issues in Intellectual Corporate Assets: Trademarks, Patents and the Role of General Counsel,” 1987 ABA Annual Meeting, Corporate Counsel Committee, Section of General Practice, Aug. 11, 1987
“Distributors, Franchises, Buyers & Sellers: Asserting and Defending an Antitrust Claim,” 1986 NJSBA Annual Meeting, Antitrust Law Committee, May 16, 1986
“Municipal Liability Under the Antitrust Laws: Current Issues and Problems,” N.J. League of Municipalities, 1985 Annual Convention, Nov. 21, 1985
“Municipal Liability Under the Antitrust Laws: Where Do We Stand Today,” 1985 NJSBA Annual Meeting, Antitrust Law Committee, May 17, 1985
“Antitrust Seminar for Municipalities,” Brookdale Community College, Lincroft, New Jersey, June 7, 1983
“Antitrust Practice in the Reagan/Kean Era,” NJSBA Antitrust Law Committee and Corporate and Business Law Section (Joint Program), May 11, 1982
Memberships and Activities
Lawyers Advisory Committee, District of New Jersey, 2010
United States District Court, District of New Jersey, Patent Rules Committee-2008, Chair, Hatch-Waxman Subcommittee-2008
American Bar Association (ABA), Past Chair, Corporate Counsel Committee, Section of General Practice, Section of Intellectual Property Law (Unfair Competition - Trade Identity, Trade Secrets and Interference with Contract, Ethics & Professional Responsibility Committees), Section of Antitrust Law (Civil Practice & Procedure, Distribution & Franchising, Business Torts & Unfair Competition, Computer & Internet Law Committees), Section of Litigation (Intellectual Property Litigation, Computer & Internet Litigation, Pretrial and Discovery, Business Torts, and International Litigation Committees), Section of Business Law
New Jersey State Bar Association (NJSBA), Chair, Antitrust Law Committee (1989-1991), Intellectual Property Law Committee
John C. Lifland American Inn of Court for Intellectual Property and Federal Practice, Co-Chair of Program (1999-2003), Master Counselor with six federal court judges (1993 to the Present): Responsibilities include training young lawyers in litigation techniques.
New York State Bar Association (NYSBA), Antitrust Law, International Law & Practice, Federal Practice, Corporate Counsel and Entertainment Law Committees
International Trademark Association (INTA), Past Years: Forums, Operations (Subcommittee Chair), and Law Firm Attorneys Committees
American Intellectual Property Law Association (AIPLA), ADR and Antitrust Committees
Japan Society, New York, N.Y.
Association of the Federal Bar of New Jersey
Beyond the Law
I was destined to be a lawyer. My love of Perry Mason episodes to movies like Inherit the Wind and Twelve Angry Men, provided a path to my profession. It always thrills me to watch those movies with my family and to relive the feelings first experienced in childhood.
