Ahern v. Scholz (1996) - Client, the former manager of the band BOSTON, sued the band's
lead guitarist to enforce his contractual rights to royalties generated by the album Third Stage. After prevailing at trial, the client's claims were upheld by the First Circuit. The decision of the
trial court was the subject of a feature article in the Entertainment Law Update section of
California Law Business Magazine.Amdahl v. Profit Freight Systems (1997) - Client succeeds
in asserting that its liability (for damaged computer products) was limited by the terms of the Shipper's Letter of Instructions and not subject to the standards of liability applicable to common carriers. Victory in the trial court is affirmed on appeal by the Ninth Circuit. Anglin et al. v. Barber
(Commerce Investments) (1997) -
Client succeeds in defending against claims made by investors in two different real estate partnerships. The case involves complex financial, legal and accounting issues. Client is absolved of any liability and is awarded over $80,000 in costs and attorney's fees both in the trial court and on appeal.
"Big Soul" v. Tobin (1996) - Client, the former manager of such acts as TIFFANY, succeeds in proceeding against
him before the California Labor Commission under the state's Talent Agencies Act. The decision is considered so unusual that the leading commentator in the field reprints the decision in full in his monthly
reporter, terming it "a rare victory for personal managers." See 19 Entertainment L. Rptr. 8:11 (January 1998). Dead Kennedys v. Jello Biafra
(2003) - Client, legendary punk rock band DEAD KENNEDYS,
achieves complete victory on appeal brought by band's
former frontman Jello Biafra from jury verdict in client's favor following three week trial. Appellate decision
upholds over $200,000 in compensatory and punitive damages, together with the band's right to continue to control all of its creative works and musical properties. In
related federal court procedings, firm attorneys successfully argued to remand
the action to state court, convincing the federal court to award the firm's clients
over $12,000 in costs and attorney's fees for having to fight off removal of their action from state court. The case has been the subject of feature articles in the S.F. Weekly, S.F. Examiner, and Spin Magazine
. The trial judge was later the subject of a feature article in The Recorder, San Francisco's daily legal
newspaper. Doobie Brothers v. Paul Curcio, et al. (1999) - client, world famous classic rock band the
DOOBIE BROTHERS, brings
suit
against Clearwater, Florida-based promoter Paul Curcio and three former members of the band to prevent them from touring and promoting themselves as the "Original" DOOBIE BROTHERS in violation of federal trademark law. The firm succeeds in obtaining a
Preliminary Injunction
against these individuals on short notice, following a hearing in which Federal District Judge Anne Conway praised the firm's work and preparation. In further proceedings, the firm convinced
the court to find defendants in contempt of the injunction and to award the band costs and attorney's fees. Case eventually results in entry of permanent injunction against defendants, later upheld by the 11th Circuit Court of Appeals. SELECTED EMPLOYMENT CASES Garcia v. Garcia
(1997) - Judge Michael B. Dufficy finds that the Estate of Jerry Garcia must honor a separation agreement
entered into by the late musician and his ex-wife (firm client) Carolyn "Mountain Girl" Garcia. Upon praising the tenor of the Garcia's marital dissolution and the quality of Mrs. Garcia's defense, Judge
Dufficy awards client partial attorney's fees and the right to the remainder of the dissolution agreement, totalling more than $4.5 million. The case was followed by local and national media, broadcast live on
CourtTV, and covered by leading news outlets like The New York Times, CNN,
The San Francisco Chronicle and The American Lawyer. The Recorder later published an update on the estate proceedings.
Guercio v. Chicago Records
(2005) - Client former producer of the band CHICAGO, files suit against band and its record company for breach of settlement agreement. Following a jury trial and accounting, Client recovers judgment for nearly $700,000. The case later selled in mediation.
Lee v. Gateway Center LLC (2001) - Client
Sodexho
moves to intervene post-judgment in existing commercial lease dispute for the purpose of applying for award of its costs and attorney's fees. Federal District Court Judge Thelton E. Henderson accepts firm's novel intervention theory and grants client's motion. Parties subsequently stipulate to award of costs and fees in client's favor.
Leeson v. Steuart Street Venture (1997) - Two clients win a $2.2 million jury verdict after a New
Year's Eve skirmish with security personnel at Harry Denton's Bar & Grill, a popular Financial District watering hole. The case was followed by numerous media outlets including
The Recorder and The San Francisco Chronicle
. Maritime Hall v. Parker
(1998) - Client alleged, that rap star KRS-ONE used two of its sound recordings on the album "I Got Next" but refused to pay or credit it as the tracks' producer. The firm successfully opposed the rap star's motion for summary judgment, leading to a published decision helping to establish the law of joint authorship of sound recordings under the Copyright Act.
Medical Self Care v. National Broadcasting Company (2003) – Firm represents receiver of failed Bay Area dot-com in claim against NBC relating to
its investment in client company. On cross-motions for summary judgment, firm succeeds in convincing Federal District Court Judge Laura Swain that NBC is in breach of its agreement to allow
client to assign almost $10 million in advertising time on the NBC television network to ConAgra, a Fortune 50 company. The case settled in mediation soon thereafter.
Mendler v. Winterland (2000) - Client, the world's largest purveyor of music industry merchandise, won a defense
verdict after a photographer sued for copyright infringement. In a 2-1 decision, the Ninth Circuit
remanded
the copyright infringement claim on a closely contested issue involving the use of digital technology and photography. Back in the trial court, the firm successfully
defended the six-figure damages claim, convincing the trial court to reduce it to less than $10,000. Newton v. Diamond, et al.
(2003) - Firm participates as counsel on amicus curie brief in ground-breaking case involving jazz musician James Newton's claim of copyright infringement against the Beastie Boys and related parties. The Ninth Circuit Court of Appeals adopts many of the arguments firm makes on behalf of clients DJ Shadow, Om Records, legendary record producer Denzil Foster (En Vogue) and others in support of Beastie Boys' position that digital sampling of three note musical composition is not an infringement of Newton's musical score, in the process establishing that sampling is not de facto infringement in all cases.
Tinker v. Airali
(1998) - Client successfully sued music producer defendant for fraud and breach of contract in connection with a partnership to develop new musical artists, resulting in jury verdict of $346,000.
Watts v. Watts (2000) - Clients, daughters of famed Eastern philosopher Alan Watts, are forced to arbitrate issues involving rights to the deceased's literary works brought by a
disinherited sibling. Firm successfully defends
clients' position, resulting in victory before the Arbitrator and an award of costs and attorney's fees. Earlier, the firm
prevailed before U.S. District Judge Charles A. Legge against separate claims made by other disinherited siblings involving so-called "renewal" copyrights.
Winterland v Bolton (1999) - Client sought to recover multimillion dollar unrecouped
royalty balance from popular musical performer Michael Bolton for failure to deliver and release "studio album" within requisite period. In this decision, the firm successfully argues to allow amendment to
Winterland's complaint for additional breaches of the parties' agreement. The case was settled soon thereafter on terms favorable to the client.
Winterland v. Fenton (1993) - Client, the holder of exclusive licenses to sell products exhibiting pictures of
popular music artists brought, suit for damages under Lanham Act and California's right to publicity law against unlicensed producers and distributors of poster books and calendars which contained photographs of the
musicians. Trial was successfully concluded, with significant monetary award and permanent injunction granted. |
