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Kristin Jamberdino



Kristin Jamberdino is a commercial litigator and a member of the Health and Wellness, Financial Services Litigation, ERISA Litigation, Private Fund Disputes and Arts & Cultural Institutions teams. She represents a wide range of corporations, entities and individuals in federal and state court litigations and provides counsel regarding corporate governance, intellectual property and employment issues.

What do you focus on?

Health and Wellness

I serve as the leader of Nixon Peabody’s Health and Wellness team, which advises clients in the fitness and wellness industries on issues such as branding, intellectual property protection, investments, and partnerships. Along with others on our team, I assist clients and individuals in resolving related disputes, concerning claims of copyright and trademark infringement, breach of contract or license, employment issues, and immigration matters.

Arts & Cultural Institutions Litigation

I represent art dealers, owners and cultural institutions in litigations concerning disputes over the ownership of artworks. I have represented clients in actions involving claims of conversion, replevin and breach of contract. I have also represented a company defending against claims of violation of the Visual Artists Rights Act.

Financial Services and Regulatory Work

I work on behalf of federal regulators to investigate directors, officers and employees of failed financial institutions, as well as entities hired to assist those individuals, to determine whether negligence or misconduct caused a bank’s demise. As outside counsel, I have brought and defended numerous federal civil litigations related to failed financial institutions. I also represent financial institutions and their employees in civil and criminal actions and investigations.

ERISA Litigation

I represent plan sponsors and fiduciaries in ERISA fiduciary breach litigation. I currently represent a fiduciary advisor to a major university in an ERISA class action challenging the prudence of certain investments under and the recordkeeping arrangement for the university’s 403(b) plans.

Environmental Litigation

I represent energy companies in a variety of complex state and federal litigations. I represent companies in defense of asbestos claims, including products and premises liability and employee claims, in state and federal court. I have represented an energy company in a multidistrict litigation concerning alleged MTBE contamination of water supplies. I have also represented a waste-to-energy facility in a citizen suit alleging violations of the Clean Air Act.

What do you see on the horizon?

Greater attention will be paid to the legal needs of entrepreneurs and investors in the fitness and wellness industries. The health and fitness sector has exploded into a trillion-dollar market, in connection with rapidly changing consumer behaviors, updated nutritional standards and evolving health care policies. New opportunities exist for companies seeking to serve consumers’ wellness needs, and it will be important to anticipate and address legal issues specific to the industry.

Publications

  • How to Expand Your Fitness Business Through Brand Management and Careful Investment,” Club Industry, October 2018 (co-author)
  • “Wearable Fitness Tracking Devices” (with Christopher Mason), Product Liability Law & Strategy, April and May 2016
  • “The Privacy Implications of Tracking a User’s Location Via Cell Phone” (with Daniel R. Sovocool), Privacy and Information Law Report, Volume 7, Issue 4, April 2006

How to Expand Your Fitness Business Through Brand Management and Careful Investment

Club Industry | October 23, 2018

In this column, Nixon Peabody attorneys Keri McWilliams, Tarae Howell, and Kristin Jamberdino discuss how business owners can effectively expand their fitness brand by carefully defining their concept, legally protecting their assets and ensuring growth through direct corporate ownership and investment.

Wearable Fitness Tracking Devices

Product Liability Law & Strategy | May 01, 2016

This second installment of a two-part column authored by New York City partners Chris Mason and Kristin Jamberdino discusses litigation centered upon fitness trackers and other personal monitoring devices.

Wearable Fitness Tracking Devices: The Resolution of Claims

Product Liability Law & Strategy | April 01, 2016

The first installment of a two-part column authored by New York City partners Chris Mason and Kristin Jamberdino deals with the timely issue of resolving claims centered upon fitness trackers and other personal monitoring devices.

Contact

Kristin Jamberdino

Partner

New York

Phone: 212-940-3152


Fax: 866-907-4405

Columbia Law School, J.D.

Canisius College, B.A., summa cum laude

New York

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

U.S. District Court, District of Colorado

U.S. Court of Appeals, Second Circuit

Let's Talk: A Conversation with Callie Schweitzer

Kristin Jamberdino of Nixon Peabody’s Health and Wellness practice interviews Callie Schweitzer, award-winning journalist and C-Suite Content Creative, at NP NYC’s inaugural “Let’s Talk” event.

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