The AI Legal Trap and Peloton's Music Mistake: Stephanie Furgang Adwar on IP Protection from Day One, Mandatory vs. Optional Enforcement, and Building the First 100% Women-Owned Law Firm Certified by The She Mark

Stephanie Furgang Adwar has spent over three decades building one of the most respected intellectual property practices in entertainment and brand protection—first alongside her father at Furgang & Adwar, and now as co-founder of Adwar Ivko, formed through her 2023 merger of her firm with Ivko Law Group. A New York Metro Super Lawyer with an AV rating from Martindale-Hubbell (the highest possible), she's represented clients across film/TV, music, and book publishing, and represents clients in varied industries such as, jewelry, interior design, consumer goods, and technology, protecting everything from multi-million dollar brands to bootstrapped startups. Stephanie often lectures at her law school, Yeshiva University - Benjamin N. Cardozo School of Law, and at her undergraduate alma mater, NYU's Tisch School of the Arts, and regularly lectures for bar associations and law schools. Stephanie serves on the Board of Governors of the American Bar Association's Forum on Entertainment and Sports Industries. And she serves as Associate Village Justice in Suffern, New York—the first female justice appointed in the village's 218-year history.

When Stephanie's father/partner began to think about slowing down, rather than joining one of the larger firms courting her, she partnered with Polina Ivko, a Ukraine-born former artist turned art and entertainment attorney she'd collaborated with on cases and ABA governance work. The result: Adwar Ivko became the first law practice certified by The She Mark for being 100% women-run, owned, and governed—proof that strategic partnerships don't have to compromise values or independence. The firm was recently named New York Intellectual Property Law Firm of the Year (2025) and has been ranked as a top firm in the Chambers and Partners Spotlight Guide, and has been consistently recognized for leadership in media, entertainment, and luxury law.

Here, Stephanie breaks down the three buckets of IP protection every female founder needs from day one (and why waiting until you're "well into planning stages" is the biggest mistake entrepreneurs make), the difference between mandatory trademark enforcement and voluntary copyright protection, the real cost of a business’s failure to license music properly, why AI legal solutions backfire spectacularly when branding is your most valuable asset, and the partner vetting checklist she used to evaluate whether merging two firms—and effectively entering a business marriage—would actually work. 

IP Protection for Female Founders – Essential Steps from Day One

With over three decades of experience in entertainment, copyright, and trademark law, you've helped clients across industries—from film and music to jewelry, interior design, and consumer goods—protect their intellectual property. For female entrepreneurs launching creative or consumer-facing businesses, what are the most critical IP protections they should put in place from the beginning? What common mistakes do you see founders make with trademarks, copyrights, or brand protection that come back to haunt them later?

We are routinely contacted by people starting new ventures, and I have found that women owners are the most likely to contact us in the beginning stages. I am always impressed by forward-thinking entrepreneurs who understand the need for good legal advice; they are the ones most likely to succeed.

Entrepreneurs will likely need attorneys in many areas, such as real estate, business, and securities.  Each business is different and will have specific issues which will trigger different legal needs. For example, a start up talent agency will need different contracts, and will have different legal concerns, than a start up food business, or an app developer. Getting your legal house in order is the key to a smooth start.  

Intellectual property concerns for startups generally fall into three primary buckets: Patent, Trademark, and Copyright. The biggest mistake entrepreneurs make is waiting until they are well into their planning stages before they think about their IP.

The Three Buckets of IP Protection

1. Patent (The Invention)

Critical Error: Thinking the invention must be "complete" before seeking counsel.

Reality: Ownership and commercial viability must be determined as early as possible. There are strict statutory time limits; if you miss them, it could be the demise of a viable patent.

Advice: See a patent attorney immediately. Even if your primary counsel handles "soft IP" (trademarks/copyrights), they likely work with patent specialists. You need to know early if your invention is even patentable.

2. Trademark (Brand Identity)

Definition: A word, slogan, design, or picture used to identify the source of a product or service.

Critical Error: Adopting a trademark and preparing for its use without assuring it is available for use in this country and in others which may be crucial.

Advice: Avoid the AI Legal Trap: In an effort to keep costs down, many startups use  drive-through legal service providers such as Legal Zoom and others, or more and more frequently, they trust AI solutions for legal advice. I cannot be clearer about how spectacularly such reliance can backfire. Your trademarks are often the most valuable asset in your business portfolio - sometimes more valuable than the product itself. You need qualified private counsel to look at your branding strategy holistically and create a strategy for protecting your trademarks.

3. Copyright (The Artistic Expression)

Definition: Protects artistic creations fixed in a tangible medium (writings, music, art, code).

Critical Error: Failing to account for the use of others' copyrights (music, art, film).

Case in Point: Failing to get proper copyright licenses when you incorporate artistic works into your product or advertising, could result in costly litigation. Peloton faced multimillion-dollar lawsuits for failing to get appropriate synchronization licenses for music used in their classes.  

An experienced IP attorney will ask all of the important questions at the outset, which will set up the proper rights ownership arrangements which will avoid any costly errors. Protecting your IP is not the place to be penny-wise and pound foolish. Investing a smaller amount at the beginning could save enormous amounts later.

Litigating IP Disputes – When to Fight and When to Negotiate

You've authored articles like "How to Litigate Against A Copyright Troll" and take a pragmatic approach to litigation. For female founders facing copyright infringement, trademark disputes, or unfair competition claims, how should they decide whether to litigate or settle? What factors determine the best legal strategy, and how can entrepreneurs protect themselves against bad actors while managing legal costs effectively?

There is nothing more stressful or costly to a business and its owners, than litigation. My father (and former partner of 26 years) always said: "Litigation runs your financial cash register, as well as your emotional cash register, backwards."  That is why we do everything possible to help our clients avoid litigation, but when it is necessary, we understand the stressors on the business and its owners.

Litigation Prevention Strategy

Get Insurance: Look into liability defense policies which provides legal defense to a business if it is sued for infringement or other advertising violations.  Also look into "IP Abatement Insurance" or "IP Enforcement Insurance" which funds legal costs if a business needs to enforce its IP against others.

Hire Competent Counsel Early:  The best protection an entrepreneur has for its IP is an experienced IP attorney. That attorney will work closely with the entrepreneur to make sure that every “i” is dotted and every “t” is crossed, leaving no holes which could open a new business to avoidable, and potentially costly, issues. 

Put It in Writing: Reduce all agreements to writing at the outset.

The Decision to Litigate

We work diligently to resolve disputes without litigation. However, if amicable resolution fails, we assess the likelihood of success, the cost, and the damage to the business if its rights aren't enforced. 

Mandatory v Voluntary Litigation

There is a difference between legal actions that a business owner must take, and those that are optional.  For example, a copyright owner is not required to stop an infringer from using its copyrights without authorization. Such enforcement is voluntary.  However, a trademark owner is obligated to enforce its rights and stop any  infringing use. If a trademark owner does not enforce its rights, it risks losing those rights entirely.

Creating a strong, federally-protected portfolio of trademarks which are strongly enforced, is probably the most important step a new business can take to protect its trademarks. The owner of such protected brands will have an upper hand in any possible disputes, which will also serve to keep legal fees at the lower end of the spectrum. 

Building a 100% Women-Owned Law Firm – Merging Two Practices Successfully

Adwar Ivko was formed through the merger of two powerhouse firms (Furgang & Adwar and Ivko Law Group) and became the first law practice certified by The She Mark for being 100% women-run, owned, and governed. For female founders considering partnerships, mergers, or strategic collaborations to scale their businesses, what were the key factors that made this merger successful? What legal and business considerations should women entrepreneurs evaluate before joining forces with another business?

My employer, and then my partner for my first 33 years of practice, was my father. It was a respectful and wonderful partnership. However, in 2021 when my father started to think of slowing down, I started to think about next steps. I was courted by a number of firms, but none of them felt like the right fit. At that time, I was collaborating with Polina Ivko, my now partner, on a couple of matters. That experience was easy and pleasant. I had also worked with her on the Board of Governors for the American Bar Association - Forum on Entertainment and Sports Industries, and knew of her work ethic, her competence, and her overall good nature. One day, it hit me that a partnership was a marriage, and while I could not be married to any of the colleagues who had proposed, I could definitely be married to Polina.  That started a conversation that two years later became Adwar Ivko. We are now celebrating the successful completion of our second year in partnership.

"Partner Vetting" Checklist

Women have amazing instincts. Women founders should trust their guts and choose partners who make them feel supported, heard and respected.  If your partner is ethical and honest, you are starting from a good foundation. The questions you ask about a business partner are the same you would ask about a life partner: 

• How do they treat you?
• Can you trust them with private information?
• How do they treat others?
• Do they attempt to be fair?
• Are they inspirational (do they lift up those around them)?
• Do they do what they promise?
• Do they deal with conflict in a mature and honest manner?

If these questions are answered in the affirmative, it is highly likely to be a successful partnership. To be assured of that success, always set forth the understanding in a written partnership, shareholder, or operating agreement. It is the best way to avoid misunderstandings.

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