Proskauer Rose LLP

Litigation

Lee Popkin is a trial lawyer in Proskauer’s Litigation Department and co-head of the firm’s Product Liability Group. Lee represents clients in a wide range of industries in high-stakes trials in state and federal courts throughout the country. Lee’s experience includes developing case themes, examining expert and fact witnesses at trial, preparing key witnesses for deposition and trial, taking and defending expert depositions, and drafting and arguing case-dispositive motions.

Lee’s notable representations and victories include:

- Stephens v. Monsanto. Trial counsel to Monsanto in a product liability action relating to the company’s weedkiller, Roundup, and its alleged link to non-Hodgkin’s lymphoma. After a five-month trial, the California jury returned a complete defense verdict on all claims.

- Tiffany & Co. v. Costco. Counsel to Tiffany & Co. in successful pursuit of Lanham Act trademark infringement and counterfeit action related to Costco’s use of the TIFFANY mark to sell diamond engagement rings.

- Universal Standard Inc. v. Target. Counsel to Target in successful pursuit of Lanham Act trademark infringement action related to its Universal Thread clothing line.

- Echeverria v. Johnson & Johnson. Trial counsel to Johnson & Johnson in a widely publicized product liability case relating to the company’s talc-based products and their alleged link to ovarian cancer. After trial, the court entered judgment notwithstanding the jury verdict for the J&J defendants, and, in the alternative, granted J&J’s motion for a new trial.

- Bed Bath & Beyond Inc. v. 1-800-Flowers.com, Inc. Successfully represented Bed, Bath & Beyond in action to enforce agreement by 1‑800-Flowers to purchase PersonalizationMall.com.

- Global Holdings v. Church & Dwight, Co., Inc. Secured dismissal of state and federal dilution claims in Lanham Act action regarding a consumer product. The court’s decision made new law in the Second Circuit on the issue of whether a valid registration preempts state law claims of dilution.

- Daniels v. Johnson & Johnson. Trial counsel to J&J in product liability trial related to the company’s talc-based products in St. Louis. The jury returned a complete defense verdict on all claims and awarded zero damages.

- Allied Lomar, Inc. v. Diageo North America, Inc. Counsel to Diageo in successful defense of Lanham Act trademark infringement action concerning Blade & Bow Whiskies and the Stitzel-Weller Distillery.

- Diageo North America, Inc. v. Mexcor. Trial counsel to plaintiff Diageo in a Lanham Act trade dress infringement and dilution action against competitor involving Crown Royal whisky. Obtained a jury verdict and permanent injunction in favor of our client following a two‑week trial.

In addition to her active practice, Lee regularly contributes to Proskauer’s false advertising blog, Watch This Space: Proskauer on Advertising Law. Lee also devotes significant time to pro bono matters, and was recognized by KIND for her work representing two sisters from El Salvador fleeing gang violence.

Before joining Proskauer, Lee served as law clerk to the Honorable Sarah S. Vance of the United States District Court for the Eastern District of Louisiana. She received her J.D. cum laude from Harvard Law School.