Case: Litman v. Goldberg, Index No. 524343/2025 Court: NY Sup. Ct., Kings County — Hon. Brian L. Gotlieb, J.S.C. Claim: Count V — NY Civil Rights Law Sections 50-51 (Misappropriation of Name) Prepared: March 25, 2026 Purpose: Definitive preparation document for plaintiff's motion for summary judgment
Section 50 of the NY Civil Rights Law makes it a misdemeanor to use "the name, portrait, picture or voice of any living person" for advertising or trade purposes without written consent. Section 51 provides the civil cause of action. The statute requires only that the plaintiff's actual name was used; there is no requirement that the name be famous or widely known. See Arrington v. New York Times, 55 N.Y.2d 433 (1982).
| # | Evidence | Exhibit Ref. | Status |
|---|---|---|---|
| 1 | 905 issued U.S. patents listing "Richard C. Litman" on Line 74 (Attorney, Agent, or Firm) since 6/15/2020 | Exhibit C | [x] In hand |
| 2 | 12 post-SOL-safe patents (issued after 7/21/2024) with Litman on Line 74, OCR-verified from USPTO PDFs | Exhibit A | [x] In hand |
| 3 | 2 "hidden attribution" KSU patents (US 12,227,748 and US 12,303,254) where IFW prosecution files are entirely under Litman's name despite front-page omission | Exhibit V | [x] In hand |
| 4 | 206+ outgoing USPTO documents (Filing Receipts, Office Actions, NOAs, Issue Notifications) across 21 mapped applications, each addressed to "Richard C. Litman / Nath, Goldberg & Meyer" | Exhibit B | [x] In hand |
| 5 | nathlaw.com website listed Litman as "PATENT ATTORNEY" through at least June 21, 2025 (Wayback CDX-verified); removed by September 5, 2025 | Exhibit S | [x] In hand (CDX data; screenshots need manual capture) |
| 6 | Patent assignment cover sheets signed by Goldberg listing "RICHARD C. LITMAN / NATH, GOLDBERG & MEYER" in the correspondent block (Reel 065933/Frame 0139; Reel 065379/Frame 0084) | Exhibit M | [x] In hand |
| 7 | Martha Long solicitation emails stating "I have worked with Richard Litman for 27 years" sent to prospective clients (Al-Harbi 6/15/2023, Lateri 7/10/2023, Won 4/4/2023) | Exhibit F | [x] In hand |
| 8 | 24,526 client-facing emails from Martha Long attaching Litman-named USPTO documents to paying clients | Exhibit F | [x] In hand |
| 9 | Trademark practice name use — 1,813+ trademark emails using Litman's name; outside counsel (Poppiti/Lewis Brisbois) contacting rlitman@nathlaw.com for trademark work (12/13/2023); Hashtag Sports trademark letter signed "Richard C. Litman" (July 24, 2025) re TM Reg. 4,697,459 -- latest confirmed name use, 3 days post-lawsuit | Exhibit G | [x] In hand |
| 10 | Third-party database republication — Google Patents, Espacenet, Justia, FPO, Lens.org all display "Richard C. Litman" (est. 9,050+ entries) | Exhibit H | [ ] Need screenshots on 3 separate dates |
| 11 | Exhibit F to Federal Complaint — exhaustive "Use of Richard Litman's name after 2020" compilation (Litman v. Nath, EDNY 1:25-cv-04048) | Fed. Ex. F | [x] In hand |
| 12 | Exhibit G to Federal Complaint — KSU issued U.S. patent with Litman as attorney | Fed. Ex. G | [x] In hand |
| 13 | Exhibit H to Federal Complaint — KFU issued U.S. patent with Litman as attorney | Fed. Ex. H | [x] In hand |
| 14 | Exhibit N to Federal Complaint — HARDCORE trademark registration under Litman's name | Fed. Ex. N | [x] In hand |
Goldberg will argue that the name appeared as a matter of USPTO process, not through his personal action.
UNDISPUTED. Goldberg has admitted in verified pleadings that Litman's name appeared on patents and the website after 6/15/2020. The "use" element is conclusively established as a matter of law.
Section 50 prohibits use of a person's name "for advertising purposes or for the purposes of trade." The Court of Appeals has interpreted "purposes of trade" broadly to encompass any use that exploits the plaintiff's identity for commercial advantage, not merely traditional advertising. Arrington v. New York Times, 55 N.Y.2d 433 (1982). Patent prosecution, where the attorney's name is publicly recorded on government documents as part of a fee-generating legal services relationship, is commercial activity.
| # | Evidence | Exhibit Ref. | Status |
|---|---|---|---|
| 1 | $18.53 million in fees collected on Litman-originated matters (2020-2025), verified from Goldberg's own financial records | Exhibit K | [x] In hand |
| 2 | 76-100% of firm revenue attributed to "Richard Litman" as responsible attorney in monthly Payment Allocation reports | Exhibit K | [x] In hand |
| 3 | KFU = 467 patents in 2024 with Litman on Line 74; KFU was the world's single largest university patent filer that year (631 patents) | Exhibit C | [x] In hand |
| 4 | nathlaw.com professional listing — listing an attorney as "PATENT ATTORNEY" on a law firm website is classic trade advertising implying availability for hire | Exhibit S | [x] In hand |
| 5 | Martha Long solicitation emails — "I have worked with Richard Litman for 27 years and would be delighted to assist you" — commercial solicitation using Litman's name to attract new clients | Exhibit F | [x] In hand |
| 6 | Al-Harbi inquiry — prospective client specifically asked: "I would like to know how much a consultation with the attorney Mr. Richard C. Litman costs?" — proving commercial drawing power | Exhibit F | [x] In hand |
| 7 | Trademark practice billings — all 9 Nicola Pizza dockets billed under "RL" (Richard Litman); $9,520+ in trust receipts through January 2025 | Exhibit G | [x] In hand |
| 8 | Dakota AG Innovations — client referred to NGM as "The Litman Law office" (October 2024), demonstrating commercial association with Litman's name | Exhibit G | [x] In hand |
| 9 | Goldberg admits commercial relationship — Answer Para. 8: admits he is co-managing partner; Answer Para. 1, 6: admits practice was sold under Combination Agreement | Exhibit O | [x] In hand |
| 10 | Martha Long "RCL origination credit" email — internal NGM email crediting Litman as origination source for new client intake, proving his name and reputation continued to function as the firm's commercial engine for attracting and retaining clients | Exhibit F | [x] In hand |
| 11 | Exhibit J to Federal Complaint — $1,437,568 KSU wire transfer (Dec. 22, 2022) with Litman CC'd at rlitman@nathlaw.com. Single-transaction proof of quantified commercial benefit on a Litman-originated matter | Fed. Ex. J | [x] In hand |
| 12 | $29,380,403.30 total Litman-Originated revenue per Demand Letters 5, 6, and 7 — aggregated firm-wide total derived from matters bearing Litman's name; largest single quantified commercial figure in the record | Demand Letters 5-7 | [x] In hand |
| 13 | Exhibit I to Federal Complaint — NGM's own "Updated Originated Clients List" — defendant-produced list naming the commercial relationships exploited through the unauthorized name use | Fed. Ex. I | [x] In hand |
Defense will argue that listing an attorney on a patent is a "required" USPTO formality or incidental government record, not a "use for trade."
SUPPORTED by overwhelming documentary evidence. While Goldberg has not admitted this element explicitly, the commercial context is demonstrated by his own financial records showing $18.53 million in revenue under Litman's name.
Section 50 requires "written consent" before use. The absence of written consent shifts the burden to the defendant to produce evidence of consent. See NY Civil Rights Law Section 50. Where defendant asserts consent, defendant bears the burden of establishing it.
| # | Evidence | Exhibit Ref. | Status |
|---|---|---|---|
| 1 | No consent document produced in discovery — Goldberg was asked point-blank (Request #1) for "the agreement, license, or consent form designated by Defendant as the basis for his authority to use Plaintiff's name." He produced NONE. | Exhibit O, Exhibit J | [x] In hand |
| 2 | Combination Agreement has no name-use provision — the agreement transferred the "Litman Law Offices, Ltd." service mark, NOT personal name rights on government filings | Exhibit J | [x] In hand |
| 3 | Litman's April 30, 2021 email: "The assignment of the LITMAN LAW OFFICES, LTD. mark does not include the right to use my name separate and apart from the mark" | Exhibit Q | [x] In hand |
| 4 | Litman's April 22, 2021 email: "My not taking action while we sort things out should not be interpreted as a waiver" | Exhibit Q | [x] In hand |
| 5 | Litman's May 1, 2023 email: "Not agreed to by me at anytime" | Exhibit Q | [x] In hand |
| 6 | Litman's January 10, 2023 email: "Our communications should not be interpreted as agreeing to anything" | Exhibit Q | [x] In hand |
| 7 | Litman's July 18, 2023 email: "We need to ensure there is no likelihood of confusion resulting from NGM's use of my name" | Exhibit Q | [x] In hand |
| 8 | Litman's June 24, 2025 email: "There is no basis without my consent that I should still be listed on USPTO filings associated with NGM... it has to stop" | Exhibit Q | [x] In hand |
| 9 | Litman's June 28, 2025 formal objection to NGM's lawyer reserving "all rights and remedies" | Exhibit Q | [x] In hand |
| 10 | Nunc Pro Tunc Assignment (Reel 007281, Frame 0821) — Goldberg's own recorded USPTO document states: "Assignor owns his name, signature, voice, image, photograph or likeness" — contradicts any consent theory | Exhibit N | [x] In hand |
| 11 | Arbitration decision (June 14, 2023) — adjudicated the parties' dispute; any use after this date is with full knowledge of adverse claims | Exhibit O (referenced in Answer) | [x] In hand (date confirmed) |
| 12 | 5 blocked client notification attempts (2021-2025) — Litman attempted to notify clients of his departure; Goldberg prevented notification | Exhibit L | [x] In hand |
| 13 | Tanya Harkins email (5/21/2021): "he doesn't work here anymore" — Goldberg CC'd, establishing actual knowledge | Exhibit I | [x] In hand |
| 14 | EXHIBIT R -- CONTRACTUAL KILL-SHOT. Goldberg's signed, recorded asset-sale / trademark-assignment agreement expressly carved out Litman's "name, signature, voice, image, photograph or likeness" from the rights conveyed. The carve-out tracks § 50/51 statutory text verbatim. Goldberg's own signed, recorded agreement excluded the very rights he later exploited. DISPOSITIVE on Element 3. | Fed. Ex. R | [x] In hand |
| 15 | Exhibit K to Federal Complaint — June 7-8, 2020 emails showing Goldberg and Litman agreed to CONCEAL Litman's disability. The thread authorizes concealment, NOT name use for trade. Concealment and written § 50 consent are legally distinct | Fed. Ex. K | [x] In hand |
| 16 | Amendment Section 3 — licenses email/domain infrastructure (litman@4patent.com; LitmanLaw.com; 4patent.com) only, NOT a general personal name license. An email alias does not constitute written consent to place a name on patent front pages | Amendment §3 | [x] In hand |
Answer Para. 72: "Defendant further denies that any alleged use of Plaintiff's name, identity, and/or reputation occurred without the consent of Plaintiff." Affirmative Defense #10 asserts "implied and/or express consent."
SUPPORTED by documentary evidence that eliminates any genuine factual dispute. The absence of a written consent document, combined with multiple written objections from Litman, establishes this element. However, Litman's non-consent declaration/affidavit is needed to complete the evidentiary record for MSJ purposes.
Under Turane v. MGN, LLC and NY LLC Law Section 609, an LLC member is personally liable for Section 51 violations only if they personally participated in the tortious conduct. Firm-level conduct alone is insufficient. However, personal signing of government documents that directly cause the plaintiff's name to appear in public records constitutes personal participation.
| # | Evidence | Exhibit Ref. | Status |
|---|---|---|---|
| 1 | 16 POAs personally signed by Goldberg (Reg. 44126) — each designating CN-37833 (NGM) as attorneys of record, each resulting in a patent with Litman on Line 74 | Exhibit D, Exhibit P | [x] In hand |
| 2 | 12 of 16 POAs are post-arbitration (signed after 6/14/2023) — deliberate, knowing acts | Exhibit D | [x] In hand |
| 3 | Most recent Goldberg POA: January 17, 2025 (App 19/028,392, KSU) — 7 months after post-SOL-safe cutoff, well into 2025 | Exhibit V | [x] In hand |
| 4 | December 21, 2023 "bombshell" — Goldberg signed BOTH a POA and a KFU assignment cover sheet for App 18/392,663 on the same day, 190 days after arbitration | Exhibit M, Exhibit P | [x] In hand |
| 5 | October 24, 2023 dual-action — Goldberg signed both POA and application filing transmittal for App 18/383,448 on the same day; clearest signature image in evidence set | Exhibit M, Exhibit P | [x] In hand |
| 6 | Goldberg's January 17, 2023 email — explains POA mechanism: "Either a withdrawal of our Power of Attorney, or some other document transferring rights back to the inventor, needs to be filed" — demonstrates he knew exactly how the name-use mechanism worked | Exhibit I | [x] In hand |
| 7 | Goldberg's June 19, 2023 email — directed POA filing 5 days after arbitration: "yes, it is fine to send the POA to the client after the application is filed" | Exhibit I | [x] In hand |
| 8 | Goldberg's September 30, 2024 email — "the previous attorney, apparently still the attorney of record according to the USPTO" — understood the persistence of the attorney designation and exploited it | Exhibit I | [x] In hand |
| 9 | KNPC control proof — all 3 KNPC patents list Goldberg (not Litman) on Line 74, but all KNPC matters billed under "Richard Litman (RL)"; proves Goldberg chose whose name appeared on each patent | Exhibit E | [x] In hand |
| 10 | PTOL-85B Box 2 instruction: "If no name is listed, no name will be printed" — 16 PTOL-85B forms listing Litman typed by Lafave (Reg. 71013) across 170 days exclusive / 171 days inclusive (12/18/2023 → 6/5/2024) and 3 institutional clients; zero exceptions | Exhibit D | [x] In hand |
| 11 | Goldberg admits co-managing partner status — Answer Para. 8: establishes operational control over firm | Exhibit O | [x] In hand |
| 12 | Exhibit E to Federal Complaint — 1/31/2023 text: Litman: "If you and Jerry split up and you keep the clients, will you honor the payments to me?" Goldberg: "I would think so." Personal assumption of duty independent of Meyer, satisfying Turane's personal-participation test | Fed. Ex. E | [x] In hand |
| 13 | Arbitration Award direct quote: "NGM was created as the alter ego for its partners." Alter-ego finding by the arbitrator independently supports piercing the LLC veil under NY LLC Law § 609 in addition to Turane personal-participation | Arbitration Award (6/14/2023) | [x] In hand |
| 14 | Exhibit L to Federal Complaint — March 2021: Meyer's written 5-year tail promise and trust-account assurance. Both partners personally obligated to Litman in writing, reinforcing the alter-ego and personal-participation theories | Fed. Ex. L | [x] In hand |
| 15 | Consciousness of guilt — Goldberg 1/30/2023 text: "if you are on disability, what would be considered legal vs. fraud? I don't want ANY of us having to face a fraud issue." Awareness of wrongfulness + continuation of conduct = knowing/willful under § 51 | Text Messages (1/30/2023) | [x] In hand |
| 16 | Consciousness of guilt — Goldberg 2/2/2023 text: "That is a positive, if we can agree on that there is no need for the special master." Avoidance of forensic audit characterized as positive outcome | Text Messages (2/2/2023) | [x] In hand |
| 17 | Consciousness of guilt — Goldberg 1/29/2023 text/email: "USPTO fees... are not revenue per matters but simple pass through reimbursements." Premeditated narrowing of revenue base pre-arbitration | Text Messages / Email (1/29/2023) | [x] In hand |
Answer Para. 33: "Defendant denies" that he "caused" Litman's name to appear on patents. Defense argued at December 5, 2025 hearing that patent filings were firm-level acts, not personal acts by Goldberg.
SUPPORTED by direct documentary evidence. Goldberg's denial in Para. 33 is contradicted by 16 federal government forms bearing his own personal signature. This is not a credibility determination for a jury — it is a documentary contradiction that can be resolved on summary judgment.
Goldberg's Answer (Doc #65, filed 01/20/2026) raises ten affirmative defenses. Each is addressed below.
The Claim: Plaintiff's claims are barred by the applicable statute of limitations.
Why It Fails as a Matter of Law:
The statute of limitations for Section 51 claims is one year. CPLR 215(3). However, each publication constitutes a new, separate cause of action. 13 patents were issued after 7/21/2024 (within one year of the lawsuit filing). Client-facing emails continued through at least 7/8/2025. Trademark-related communications continued through 7/29/2025. Third-party databases are continuously updated.
Counter-Evidence: - 13 post-7/21/2024 patents (Exhibit A) - 2 hidden attribution patents issued February and May 2025 (Exhibit V) - Most recent Goldberg POA signed January 17, 2025 (Exhibit V) - Client-facing emails through July 2025 (Exhibit F) - Website listing through at least June 21, 2025 (Exhibit S) - PTOL-85B fee transmittal signed April 16, 2025 (Exhibit V) - Certificate of Correction filed June 10, 2025 (Exhibit V) - Hashtag Sports trademark letter signed "Richard C. Litman" (July 24, 2025) -- latest confirmed name use, 3 days post-lawsuit filing, re TM Reg. 4,697,459 (Exhibit G)
Effect on MSJ: Eliminates the defense. Multiple publications fall squarely within the limitations period. No genuine issue of material fact.
The Claim: Plaintiff's claims are barred because the publications are merely republications of a single work.
Why It Fails as a Matter of Law:
The single publication rule under Nussenzweig v. DiCorcia, 9 N.Y.3d 184 (2007), applies to a single edition of a single work. Each patent is a distinct work — unique patent number, unique inventors, unique claims, unique filing and issue dates. 905 separate patents are 905 separate works, not one work published 905 times. Each prosecution document (Filing Receipt, Office Action, NOA) is likewise a separate government record.
Counter-Evidence: - 905 unique patents with distinct numbers, dates, and content (Exhibit C) - 206+ separate prosecution documents across 21 applications (Exhibit B) - 24,526 separate client-facing emails (Exhibit F) - 1,813+ separate trademark communications (Exhibit G)
Effect on MSJ: Eliminates the defense. No court has applied the single publication rule to treat hundreds of different patents as a single "edition."
The Claim: Complaint fails to state a cause of action.
Why It Fails as a Matter of Law:
Already rejected by the court. Judge Maslow's December 5, 2025 oral decision (Doc #60) dismissed Counts I-IV but specifically preserved Count V (Section 51 misappropriation). This defense is law of the case.
Counter-Evidence: - December 5, 2025 decision keeping Count V alive (Doc #60)
Effect on MSJ: Eliminated by prior court ruling.
The Claim: Plaintiff's claims are barred by his own conduct — delay, acquiescence, or unclean hands.
Why It Fails as a Matter of Law:
Counter-Evidence: - Litman was physically disabled since June 2020 (admitted, Answer Para. 39) - Litman filed arbitration (resolved June 14, 2023) - 4 explicit written non-consent communications (2021, 2023, 2023, 2025) (Exhibit Q) - 5 blocked client notification attempts (Exhibit L) - Formal objection to Goldberg's counsel June 28, 2025 (Exhibit Q) - Insurance-for-status coercive arrangement prevented Litman from acting freely
Effect on MSJ: Eliminates the defense. Litman's documented objections and Goldberg's blocking of client notification negate any claim of acquiescence.
The Claim: The arbitration resolved this dispute.
Why It Fails as a Matter of Law:
Already rejected by Judge Maslow at the December 5, 2025 hearing. The arbitration addressed contractual payment obligations under the Combination Agreement. It did not address Section 51 statutory claims for unauthorized name use. Moreover, 12 of 16 Goldberg-signed POAs are post-arbitration — these are new acts creating new claims that could not have been raised in the arbitration.
Counter-Evidence: - December 5, 2025 court ruling rejecting this defense (Doc #60) - 12 post-arbitration POAs (Exhibit D) - Arbitration addressed 20% payment shortfall, not name-use rights
Effect on MSJ: Eliminated by prior court ruling and the fact that post-arbitration conduct created new claims.
The Claim: Issues decided in arbitration preclude relitigation.
Why It Fails as a Matter of Law:
Same analysis as Defense #6. The arbitration decided a different issue (contractual payments) and the Section 51 elements (use, trade purpose, consent, benefit) were never litigated. Collateral estoppel requires that the identical issue was necessarily decided in the prior proceeding. See Ryan v. New York Tel. Co., 62 N.Y.2d 494 (1984).
Counter-Evidence: - December 5, 2025 court ruling (Doc #60) - Arbitration award calculated only unpaid monthly installments and interest ($316,869.92)
Effect on MSJ: Eliminated. No genuine issue of material fact.
The Claim: Plaintiff failed to take reasonable steps to mitigate his damages.
Why It Fails as a Matter of Law:
Only NGM controlled Customer Number 37833 and had the ability to change the attorney-of-record designation with the USPTO. Litman could not unilaterally remove his name from patent filings, intercept Martha Long's client emails, control Howard Kline's CC practices, or edit third-party databases.
Moreover, Litman affirmatively attempted to mitigate at least 5 times — requesting client notification, objecting to name use in writing, and engaging counsel — and was blocked each time by Goldberg.
Counter-Evidence: - CN-37833 controlled exclusively by NGM (Exhibit B) - 5 documented mitigation attempts blocked by Goldberg (Exhibit L) - Goldberg's January 17, 2023 email explaining that only the POA holder can change attorney status (Exhibit I)
Effect on MSJ: Eliminates the defense. Plaintiff took every available step; defendant controlled the instrumentality of harm.
The Claim: Plaintiff suffered no cognizable damages.
Why It Fails as a Matter of Law:
Section 51 provides for actual damages, profits derived from the unauthorized use, and exemplary damages. Even if compensatory damages were difficult to quantify, injunctive relief and exemplary damages are independently available under the statute.
Counter-Evidence: - $18.53 million in fees collected under Litman's name (Exhibit K) - 905 patents creating permanent malpractice exposure (20-year patent term each) - Loss of control over professional identity - Permanent digital records across 10+ third-party databases - Ongoing reputational harm — Litman's name on patents he did not supervise
Effect on MSJ: Eliminates the defense. Damages are supported by Goldberg's own financial records and the inherent harm of unauthorized name use on government records.
The Claim: "Plaintiff's claims are barred based on his implied and/or express consent."
Why It Fails as a Matter of Law:
Section 50 requires "written consent." Goldberg has produced no written consent document. His only proffer (Discovery Response #1) is the Combination Agreement, which transferred the "Litman Law Offices, Ltd." service mark — not personal name rights.
This defense is completely destroyed from every direction:
Counter-Evidence: - No written consent exists — Section 50 requires it; Goldberg cannot produce one (Exhibit J, Exhibit O) - Combination Agreement has no name-use clause — Litman's April 30, 2021 email explicitly states: "The assignment of the LITMAN LAW OFFICES, LTD. mark does not include the right to use my name separate and apart from the mark" (Exhibit Q) - Amendment Section 3 — licenses only specific email/domain infrastructure (litman@4patent.com; LitmanLaw.com; 4patent.com) -- NOT a general personal name license. An email alias is not written consent to place a name on patent front pages - Goldberg's own Nunc Pro Tunc Assignment (Reel 007281, Frame 0821) states "Assignor owns his name, signature, voice, image, photograph or likeness" — Goldberg filed this document, then used the name anyway (Exhibit N) - EXHIBIT R -- CONTRACTUAL KILL-SHOT. Goldberg's signed, recorded asset-sale / trademark-assignment expressly carved out Litman's "name, signature, voice, image, photograph or likeness" -- the exact categories of § 50/51 statutory rights. Goldberg's own signed, recorded agreement disclaims any transfer of the very rights he later exploited. This is the second Goldberg-signed instrument (after the Nunc Pro Tunc Assignment) expressly recognizing Litman's personal ownership of his own name. DISPOSITIVE (Fed. Ex. R) - Exhibit K to Federal Complaint — June 7-8, 2020 emails show Goldberg-Litman agreement to CONCEAL disability. Concealment of disability is NOT written consent to use the name for trade. The two are legally distinct (Fed. Ex. K) - 4 explicit non-consent communications from Litman spanning 2021-2025 (Exhibit Q) - Formal objection to counsel June 28, 2025 (Exhibit Q) - 5 blocked client notification attempts — Goldberg prevented Litman from even notifying clients of his departure (Exhibit L)
Effect on MSJ: This defense fails as a matter of law. The statute requires written consent. None exists. Multiple written objections from Litman affirmatively negate any claim of implied consent. The defense does not create a genuine issue of material fact.
| Evidence | Amount | Source | Status |
|---|---|---|---|
| Total fees collected under Litman's name (2020-2025) | $18,526,460 | Goldberg's master "Litman 2025 Summary_May.xlsx" | [x] In hand |
| Litman's contractual 20% already received | ($3,705,292) | Same spreadsheet | [x] In hand |
| Remaining profits from unauthorized use | $14,821,168 | 80% of collected fees retained by NGM/Goldberg | Calculated |
| Litman-originated revenue as % of firm total | 76-100% | Monthly Payment Allocation reports (19 months showing 100%) | [x] In hand |
| KFU revenue alone | $12.34 million collected | KFU receivables file | [x] In hand |
| KSU revenue | $3.91 million collected | KSU invoice summaries | [x] In hand |
| Goldberg personal fee credits from Litman work | $207,135 (March 2024 alone) | Payment Allocation report | [x] In hand |
| Evidence | Amount | Source | Status |
|---|---|---|---|
| Additional 20% royalty on unauthorized name use | $3,705,292 | 20% of $18.53M — reasonable royalty for commercial name licensing | Calculated |
| Market-tested value of Litman's name | $214,532 | Purchase price paid by NGM for "Litman Law Offices" service mark | [x] In hand |
| Evidence | Amount | Source | Status |
|---|---|---|---|
| Outstanding AR as of June 2025 | $3,183,566 | Invoice Summary with AR | [x] In hand |
| Estimated future 20% payments from AR | $636,713 | 20% of fee portion of AR | Calculated |
| Evidence | Amount | Source | Status |
|---|---|---|---|
| Federal demand (filed) | $3,222,408.29 | Litman v. Nath, EDNY 1:25-cv-04048 — total damages sought in federal complaint | [x] In hand |
| Outstanding principal | $2,599,640.05 | Demand Letter 7 | [x] In hand |
| Erased discrepancy | $16,202,064.16 | Exhibit A — difference between trust ledger and Goldberg's Revenue Workup (corresponds to $32.7M vs. $16.5M gap at Finding #19) | [x] In hand |
| Full 20% entitlement | $5,876,080.66 | Exhibit A / Demand Letters — 20% of Litman-originated revenue | [x] In hand |
| Total Litman-Originated revenue (denominator) | $29,380,403.30 | Demand Letters 5, 6, 7 — aggregated firm-wide total | [x] In hand |
Section 51 authorizes exemplary damages for knowing, willful use. The following evidence establishes willfulness beyond dispute:
| # | Willfulness Indicator | Evidence | Exhibit |
|---|---|---|---|
| 1 | Post-arbitration POA signing | 12 of 16 Goldberg-signed POAs executed after June 14, 2023 arbitration | Exhibit D |
| 2 | December 21, 2023 dual-action | Goldberg signed both POA and assignment cover sheet on the same day, 190 days after arbitration | Exhibit M, P |
| 3 | Multiple written objections ignored | 4 non-consent communications from Litman (2021-2025) | Exhibit Q |
| 4 | Formal legal objection ignored | June 28, 2025 letter to Goldberg's counsel | Exhibit Q |
| 5 | Actual knowledge of departure | Tanya Harkins: "he doesn't work here anymore" (Goldberg CC'd, 5/21/2021) | Exhibit I |
| 6 | Mechanism knowledge | Goldberg's 1/17/2023 email explaining POA controls attorney status | Exhibit I |
| 7 | Continued use 5 days post-arbitration | Goldberg's 6/19/2023 email directing POA filing | Exhibit I |
| 8 | Client notification blocked | 5 attempts by Litman to notify clients, each prevented | Exhibit L |
| 9 | Disability vulnerability | Goldberg admits Litman became disabled June 2020 (Answer Para. 39) | Exhibit O |
| 10 | Financial motive | $18.53M collected; KFU generated $725K-$1M/month; Goldberg personally took fee credits | Exhibit K |
| 11 | Pattern, not incident | 16 POAs over 22 months (March 2023 - January 2025); 905 patents over 5 years | Exhibit D, C |
| 12 | Continued after lawsuit filed | KNPC application filed 7/23/2025, 2 days after lawsuit | Exhibit E |
| 13 | Consciousness of guilt -- fraud awareness | Goldberg 1/30/2023 text: "if you are on disability, what would be considered legal vs. fraud? I don't want ANY of us having to face a fraud issue." | Text Messages |
| 14 | Consciousness of guilt -- avoiding forensic audit | Goldberg 2/2/2023 text: "That is a positive, if we can agree on that there is no need for the special master." | Text Messages |
| 15 | Consciousness of guilt -- premeditated revenue narrowing | Goldberg 1/29/2023: "USPTO fees... are not revenue per matters but simple pass through reimbursements" (pre-arbitration) | Text Messages / Email |
| 16 | Alter-ego finding by arbitrator | Arbitration Award (6/14/2023): "NGM was created as the alter ego for its partners" -- supports piercing LLC veil independent of Turane | Arbitration Award |
| 17 | Exhibit R contractual kill-shot | Goldberg's signed, recorded asset-sale/trademark-assignment carved out Litman's "name, signature, voice, image, photograph or likeness" -- then exploited the very rights he had disclaimed | Fed. Ex. R |
Punitive Damages Range:
| Multiplier | Amount | Basis |
|---|---|---|
| 2x conservative royalty | $7,410,584 | State Farm v. Campbell single-digit ratio |
| 3x conservative royalty | $11,115,876 | Egregious pattern; 5+ years; 14 deliberate signings |
| 1x full profits | $14,821,168 | Matching compensatory with punitive |
| # | Ongoing Use | Status | Exhibit |
|---|---|---|---|
| 1 | Litman's name on CN-37833 | Unknown whether removed | Discovery demand needed |
| 2 | 905 issued patents permanently listing Litman on Line 74 | Cannot be changed — permanent government records | Exhibit C |
| 3 | Third-party database entries (Google Patents, Espacenet, etc.) | Ongoing — databases continuously index USPTO data | Exhibit H |
| 4 | nathlaw.com | Litman removed by September 5, 2025 | Exhibit S |
| 5 | KNPC App 19/277,913 filed 7/23/2025 | Active application, 2 days post-lawsuit | Exhibit E |
| 6 | Certificate of Correction filed June 10, 2025 (US 12,303,254) | Post-issuance activity under CN-37833 | Exhibit V |
| 7 | Hashtag Sports trademark letter signed "Richard C. Litman" (July 24, 2025) | 3 days post-lawsuit -- latest confirmed name use, re TM Reg. 4,697,459 | Exhibit G |
Injunctive relief remains appropriate to prevent future use and to require Goldberg to withdraw any pending POAs or change CN-37833 records to remove Litman's name.
| Exhibit | Short Title | Description | Source File | Elements Supported |
|---|---|---|---|---|
| A | Post-SOL-Safe Patent List | 13 patents issued after 7/21/2024 with Litman on Line 74 | likely_targets_litman_and_goldberg_post_2024-07-21.csv |
1, 2; SOL defense |
| B | Mechanism of Liability | POA-to-patent chain; 206+ outgoing USPTO documents across 21 applications | output/MECHANISM_OF_LIABILITY_MEMO.md + IFW JSON files |
1, 4 |
| C | 905-Patent Dataset | Full backbone dataset of all Litman-named patents since 6/15/2020 | richard_litman_attorney_issued_patents_since_2020-06-15.csv |
1, 2; scale/damages |
| D | POA Signature Table | All 16 Goldberg-signed POAs with dates, registration numbers, and resulting patents | output/POA_GOLDBERG_SIGNATURE_TABLE.md + POA PDFs |
4 (causation/personal liability) |
| E | KNPC Control Proof | 3 KNPC patents showing Goldberg on Line 74 while billing under "RL" — deliberate choice evidence | output/KNPC_TRANSITION_CONTROL_EXHIBIT.md |
4 (causation); willfulness |
| F | Client-Facing Publications | 24,526 Martha Long emails; "27 years" solicitations; Al-Harbi inquiry | output/CLIENT_FACING_PUBLICATION_EXHIBIT.md |
1, 2 |
| G | Trademark Name Use | 1,813 trademark emails; Nicola Pizza case study; Kline/Poppiti evidence | output/TRADEMARK_NAME_USE_EXHIBIT.md |
1, 2 |
| H | Foreseeable Republication | 9,050+ third-party database entries across 10 platforms | output/FORESEEABLE_REPUBLICATION_MEMO.md |
1; SOL defense; damages |
| I | Admissions Inventory | 12 admissions from 6 sources including Answer, discovery responses, and emails | output/ADMISSIONS_INVENTORY.md |
All elements |
| J | Combination Agreement Analysis | No name-use provision in the agreement Goldberg relies upon for consent | Analysis of Combination Agreement | 3 (consent) |
| K | Financial Summary | $18.53M collected under Litman's name; 76-100% firm revenue; Payment Allocation reports | output/VERIFIED_FINANCIAL_SUMMARY.md + source Excel/PDFs |
2, 4; damages |
| L | Blocked Client Notifications | 5 documented notification attempts prevented by Goldberg | Email evidence file + CSV | 3 (consent); willfulness |
| M | Personal Liability Memo | Goldberg's personal acts mapped to Turane standard; dual-action days | output/PERSONAL_LIABILITY_MEMO.md |
4 (personal liability) |
| N | Nunc Pro Tunc Assignment | USPTO Reel 007281, Frame 0821 — "Assignor owns his name" | evidence/assignments/ |
3 (destroys consent defense) |
| O | Goldberg's Verified Answer | Doc #65 — Admissions in Paras. 32, 72, 39, 8; all 10 affirmative defenses | court_filings/Litman v Goldberg Answer 65.pdf |
All elements |
| P | POA PDFs (16 signed originals) | Physical PDF images of Goldberg's signatures on PTO/AIA/82A forms | evidence/poa_pdfs/ (26 PDFs + OCR) |
4 (causation) |
| Q | Non-Consent Communications | 4 explicit non-consent emails (2021-2025) + June 28, 2025 formal objection | Email evidence files | 3 (consent) |
| R | Arbitration & Damages Memo | $316,869.92 award analysis; profits-derived and royalty damages theories | output/ARBITRATION_ENFORCEMENT_AND_DAMAGES_MEMO.md |
Damages; res judicata defense |
| S | Website Evidence | nathlaw.com — Litman listed as "PATENT ATTORNEY" through 6/21/2025; CDX verification | evidence/website/ |
1, 2 |
| T | Four Categories Framework | Unified framework: USPTO + client-facing + trademark + republication = 36,500+ acts | output/FOUR_CATEGORIES_OF_NAME_USE.md |
All elements; damages |
| U | Settlement Leverage Analysis | PTOL-85B Box 2 findings; Lafave personal liability; OED exposure | output/SETTLEMENT_LEVERAGE_MEMO.md |
4; willfulness (INTERNAL ONLY — not for filing) |
| V | Hidden Attribution Patents | US 12,227,748 and US 12,303,254 — full IFW chain under Litman's name despite front-page gap | output/IFW_HIDDEN_ATTRIBUTION_MEMO.md + PDFs in evidence/ifw_gap_patents/ |
1, 4; recency |
| W | Goldberg Discovery Responses | Response to Request #1 (no consent document); Response #5 (SharePoint produced) | court_filings/Goldberg_Discovery_Responses_2026-02-26.pdf |
3 (consent) |
| Fed. Ex. E | AAA Pkg -- 1/31/2023 Text | Litman: "will you honor the payments to me?" Goldberg: "I would think so." | Litman v. Nath, EDNY 1:25-cv-04048, Ex. E to Complaint | 4, Personal Liability |
| Fed. Ex. F | AAA Pkg -- Master Name-Use Compilation | Exhaustive "Use of Richard Litman's name after 2020" inventory | Litman v. Nath, EDNY 1:25-cv-04048, Ex. F to Complaint | 1 (omnibus) |
| Fed. Ex. G | AAA Pkg -- KSU Patent | KSU-issued U.S. patent with Litman as attorney | Litman v. Nath, EDNY 1:25-cv-04048, Ex. G to Complaint | 1, 2 |
| Fed. Ex. H | AAA Pkg -- KFU Patent | KFU-issued U.S. patent with Litman as attorney | Litman v. Nath, EDNY 1:25-cv-04048, Ex. H to Complaint | 1, 2 |
| Fed. Ex. I | AAA Pkg -- Updated Originated Clients List | NGM's own list of Litman-originated clients | Litman v. Nath, EDNY 1:25-cv-04048, Ex. I to Complaint | 2 |
| Fed. Ex. J | AAA Pkg -- $1.4M KSU Wire Transfer | $1,437,568 wire (12/22/2022), Litman CC'd at rlitman@nathlaw.com | Litman v. Nath, EDNY 1:25-cv-04048, Ex. J to Complaint | 2 |
| Fed. Ex. K | AAA Pkg -- Disability-Concealment Emails | 6/7-8/2020 Goldberg-Litman agreement to conceal disability (NOT a name-use consent) | Litman v. Nath, EDNY 1:25-cv-04048, Ex. K to Complaint | 3 |
| Fed. Ex. L | AAA Pkg -- Meyer March 2021 Tail Promise | Meyer's written 5-year tail + trust-account commitment | Litman v. Nath, EDNY 1:25-cv-04048, Ex. L to Complaint | Personal Liability |
| Fed. Ex. N | AAA Pkg -- HARDCORE Trademark Registration | USPTO trademark registration under Litman's name | Litman v. Nath, EDNY 1:25-cv-04048, Ex. N to Complaint | 1 |
| Fed. Ex. R | AAA Pkg -- CONTRACTUAL KILL-SHOT | Signed, recorded asset-sale/trademark-assignment carving out "name, signature, voice, image, photograph or likeness" | Litman v. Nath, EDNY 1:25-cv-04048, Ex. R to Complaint | 3 (dispositive) |
| Fed. DL 5-7 | AAA Pkg -- Demand Letters 5, 6, 7 | Pre-litigation demands; source of $29,380,403.30 total Litman-originated revenue figure and $2,599,640.05 outstanding principal | Pre-litigation correspondence | 2, Damages |
| Priority | Item | Why It Matters | Who Must Act | Status |
|---|---|---|---|---|
| CRITICAL | Litman non-consent declaration/affidavit | Required to complete Element 3 on MSJ; without it, defense can argue implied consent survives summary judgment | Counsel + Litman | [ ] Not yet drafted |
| CRITICAL | Court reporter transcript of 12/05/2025 oral decision | Judge Maslow's reasoning for keeping Count V alive — essential for understanding the legal framework the court has already applied | Counsel | [ ] Not yet obtained |
| HIGH | NGM billing records for KFU/KSU/KISR matters (2020-2025) | Proves Element 4 (benefit) and establishes damages with specificity | Discovery demand | [ ] Not yet demanded |
| HIGH | Goldberg K-1 distributions / LLC operating agreement | Proves personal financial benefit from unauthorized name use | Discovery demand | [ ] Not yet demanded |
| HIGH | Goldberg Declaration from EDNY case (filed in support of Defendant's Motion for Sanctions — separate from DN 25; Exhibit C to DN 25 is text message excerpts) | Any sworn statements are binding admissions in this case | Obtain from EDNY docket (1:25-cv-04048-PKC-PK) | [ ] Not yet obtained |
| MODERATE | Website screenshots (June 21 vs. Sept 5, 2025 professionals page) | Visual evidence of removal timeline | Manual Wayback browser capture | [ ] Need manual capture |
| MODERATE | 3 assignment PDFs from Assignment Center | Complete documentary chain for 3 applications | Manual download from assignmentcenter.uspto.gov | [ ] Need manual download |
| MODERATE | Google Patents / Espacenet / Justia screenshots on 3 different dates | Proves Category 4 (foreseeable republication) ongoing | Manual capture with timestamps | [ ] Not yet captured |
| LOW | Post-6/15/2025 patent search results | Extends the publication timeline into the latest period | Manual USPTO Patent Public Search | [ ] Searched; 0 results (dataset ends 1/14/2025) |
Depositions must be completed by June 2, 2026.
| # | Question | What It Establishes | Key Exhibit to Use |
|---|---|---|---|
| 1 | "You admit in Paragraph 32 of your Answer that Plaintiff's name appeared on patent front pages after 6/15/2020. Show me any document where Litman gave written consent to that use." | Locks in absence of written consent (Element 3) | Answer (Exhibit O) |
| 2 | "You signed this PTO/AIA/82A form on [date]. At that time, did you have Richard Litman's written permission to list him as attorney of record?" | Personal causation for each POA (Element 4) | POA PDFs (Exhibit P) |
| 3 | "Your January 17, 2023 email explains that a withdrawal of POA is required to change attorney status. Did you ever file a withdrawal of Litman's POA?" | Proves knowing, deliberate maintenance of Litman's name | Email (Exhibit I) |
| 4 | "On December 21, 2023, you signed both a POA and an assignment cover sheet for the same application. This was 190 days after the arbitration. Why?" | Establishes post-arbitration willfulness | Exhibit M, P |
| 5 | "The KNPC patents list you on Line 74, not Litman. Why was your name used on KNPC patents but Litman's name on 905 others?" | Proves deliberate choice in name designation | Exhibit E |
| 6 | "What was 'The Pad'?" | Establishes Goldberg's tracking of Litman-originated work | The Pad document |
| 7 | "Who directed Martha Long to send solicitation emails stating 'I have worked with Richard Litman for 27 years'?" | Establishes direction and control of client-facing name use | Exhibit F |
| 8 | "Did you ever notify KFU, KSU, or any other client that Litman was no longer actively practicing at NGM?" | Proves deliberate concealment | Exhibit L |
| # | Question | What It Establishes |
|---|---|---|
| 1 | "You wrote 'he doesn't work here anymore' about Litman in May 2021. What did you understand about his status at that time?" | Internal knowledge of Litman's departure |
| 2 | "Was Goldberg aware that Litman was no longer working at the firm?" | Imputed knowledge to Goldberg (CC'd on the email) |
| # | Question | What It Establishes |
|---|---|---|
| 1 | "You sent over 29,000 emails to KFU clients using dockets assigned to Litman. Who directed you to use those docket designations?" | Chain of command for name use |
| 2 | "You sent solicitation emails saying 'I have worked with Richard Litman for 27 years.' Who told you to write that?" | Direction of solicitation activity |
| 3 | "Did you know that Litman was no longer actively practicing at NGM when you sent these emails?" | Knowledge element |
| # | Question | What It Establishes |
|---|---|---|
| 1 | "You signed 18 PTOL-85B forms listing 'Richard C. Litman' in Box 2. The form states: 'If no name is listed, no name will be printed.' Who directed you to write Litman's name?" | Either implicates Goldberg or establishes independent personal liability |
| 2 | "For App 18/379,906, you signed both the POA and the PTOL-85B. Did anyone direct you to list Litman as attorney?" | Establishes sole responsibility for at least one patent |
| # | Question | What It Establishes |
|---|---|---|
| 1 | "You CC'd Litman on 91% of your 2,678 trademark emails. Who directed you to include him?" | Direction and control of trademark name use |
| 2 | "Whose clients were these trademark clients?" | Client origination; commercial exploitation |
| Priority | Document | Why It Matters | Discovery Vehicle |
|---|---|---|---|
| CRITICAL | All agreements between Litman and NGM regarding name use, of-counsel arrangements, or licensing of professional identity | If any consent document exists, it must be produced; if none exists, that is dispositive | Interrogatory + Document Demand |
| HIGH | NGM billing records, invoices, and time sheets for all matters where "Richard Litman" appears as responsible attorney (2020-2025) | Quantifies damages; proves Element 4 (benefit) | Document Demand |
| HIGH | Goldberg's K-1 distributions, profit-sharing statements, and NGM LLC operating agreement | Proves personal financial benefit | Document Demand |
| HIGH | "The Pad" spreadsheet or tracking system | Proves Goldberg tracked Litman-originated work; knowledge and intent | Document Demand |
| HIGH | All correspondence with KFU, KSU, KISR about Litman's status (2020-2025) | Proves client notification was blocked; intent | Document Demand |
| HIGH | Goldberg Declaration from EDNY Case 1:25-cv-04048 (filed in support of Defendant's Motion for Sanctions — separate from DN 25; Exhibit C to DN 25 is text message excerpts) | Binding admissions under oath | Subpoena or stipulation |
| MODERATE | CN-37833 account records showing all practitioners listed | Proves Litman's name was maintained on the customer number | Document Demand |
| MODERATE | NGM deposit account 14-0112 transaction records (2020-2025) | Shows NGM's ongoing financial control of prosecution | Document Demand |
| MODERATE | Internal emails discussing Litman's name on filings or the decision to maintain it | Direct evidence of intent | Document Demand |
| LOW | Origination credit reports from Soluno billing system | Corroborates revenue attribution | Document Demand |
| Component | Status | Remaining Action |
|---|---|---|
| Element 1 (Use of Name) | READY — admitted in verified pleadings | None required |
| Element 2 (Trade Purpose) | READY — supported by $18.53M revenue evidence | Billing records strengthen but not required |
| Element 3 (Without Consent) | NEARLY READY — documentary evidence strong | Litman declaration required |
| Element 4 (Causation/Personal Liability) | READY — 16 personal signatures on federal forms | None required |
| Affirmative Defenses | ALL DEFEATED on documentary record | None required |
| Damages | FRAMEWORK READY — specific amounts from defendant's own records | Billing records strengthen but not required |
The case is strong enough for MSJ filing once the Litman non-consent declaration is obtained. The remaining discovery items (billing records, K-1s, deposition testimony) would strengthen the damages case but are not prerequisites for establishing liability on summary judgment.
This checklist was prepared from the existing evidence record as of March 25, 2026. All financial figures are derived from Goldberg's own records. All exhibit references correspond to documents already in plaintiff's possession unless otherwise noted. No programmer content, technical implementation details, or developer instructions are included.