Emily Poler | Source | Partner at Trachtman & Poler
Emily Poler
Emily Poler graduated from New York University School of Law and went on to work at a boutique litigation firm where she handled disputes involving claims of copyright and trademark infringement, breach of contract, fraud, unfair competition, and defamation. She co-founded Trachtman & Poler Law LLC in 2025 and brings her diverse range of clients sensible, practical and knowledgeable advice based on a nuanced analysis of each individual situation.
Trachtman & Poler represents clients in a range of commercial disputes, with an emphasis on partnership and intellectual property disputes and employment-related matters, including discrimination cases. Recognizing the adverse impact legal conflicts can have on a client’s life and business, they help clients understand the range of options available to them and select a path forward that best suits their objectives.
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Trachtman & Poler (https://trachtmanpoler.com)
Partner
started May 2025 -
Poler Legal (https://polerlegal.com)
Partner
Jan 2017 – May 2025
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Elon Musk’s X Rebrand Cues Complications—and Porn Jokes
The latest Twitter upheaval has agitated former employees and could incite trademark battles.
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Music expert testifies in Ed Sheeran copyright infringement trial
Sheeran is accused of stealing from a classic 1970s anthem to create a hit song for himself decades later.
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Hermès Defeats MetaBirkins in the First NFT Trademark Trial
Luxury brand Hermès International SA won its lawsuit against the digital artist behind “MetaBirkin” nonfungible tokens after convincing a Manhattan federal jury that Mason Rothschild’s sale of the NFTs violated Hermès’ rights to the “Birkin” trademark.
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AI Copyright Debate: Context Matters, Says Legal Expert
Emily argues that context is crucial in AI copyright cases. While downloading copyrighted works without payment is infringement, using short excerpts may qualify as fair use. She notes, "The importance of context is something that the US Copyright Office emphasized." Emily stresses the need for nuanced analysis in these complex legal matters. -
Navigating Fair Use: AI Companies Face Copyright Challenges
Emily explains that AI companies must navigate complex fair use interpretations to avoid copyright suits. Key strategies include using copyrighted materials transformatively and limiting their impact on original works' market value. As AI platforms rely on fair use defenses, losing lawsuits could lead to costly licensing fees or business closures. The future of AI hinges on court rulings regarding fair use applications. -
Legal Risks Loom for AI-Generated Software Code
Emily warns of potential liability, comparing AI-generated code to downloading copyrighted material unknowingly. She notes, "AI platforms can generate duplicates of copyrighted material," risking infringement. Additionally, AI-generated code cannot be copyrighted, leaving products vulnerable. Organizations must be cautious of these legal risks.
