In the News: 2009

firm obtains highest settlement in state history
for a non-Celebrity right of publicity case

In December 2009, PE&G obtained a $600,000 settlement on behalf of three actors whose images were used without authorization in advertising by the now defunct Countrywide Home Loans and its successor, Bank of America. Sergio Gonzalez, Rachel Jacobsen and Jake DeAnda performed in a television commercial for Countrywide in 2004. Countrywide took still photos of the actors at the shoot without their knowledge or consent, and proceeded to use them in direct mail and online advertising for several years. The defendants' conduct was particularly egregious since they had been caught several times and had promised repeatedly to stop using the images. To the firm's knowledge, this is the highest settlement or verdict in state history for a pure right of publicity case for non-celebrity plaintiffs. The case is Gonzalez v. Countrywide Home Loans, Inc. - San Francisco Superior Court Case Number: CGC 09 485949.

firm at forefront of fight against banking industry
over Debit card overdraft Fees

PE&G is involved as counsel to consumers in three federal court class action cases against the banking industry's practice of using so-called "overdraft protection programs" as major profit centers -- alleging these programs are employed without adequate disclosures to bank customers and in a manner that maximizes a customer's overdraft charges. According to one report, banks earned billions of dollars in fees derived from these programs, mostly on the backs of working poor and middle class families. The New York Times recently editorialized against the practice, calling it the "debit card trap," because it often results in a "domino effect" of cascading fees charged to an account holder. According to an F.D.I.C. report in 2008, bank debit cards "can carry an annualized interest rate that exceeds 3,500 percent." The Times later ran a lead article on overdraft fees, and the NBC Nightly News also ran a piece about the practice, featuring an Army private's fight against fees charged to him for transactions of less than five dollars a piece. The firm is partnered with one of the country's top class action law firms and two public interest groups in taking on this pernicious practice. For more information about these lawsuits, please contact Nick Carlin or David Given at the firm.

randy erlewine named northern california
super lawyer for 5th consecutive year

Randy Erlewine has been selected as a Super Lawyer in the 2009 list of Northern California Super Lawyers, an honor given to the top 5% of attorneys practicing in Northern California. This is the fifth consecutive year Randy has been named a Super Lawyer.

firm obtains preliminary injunction
in trade secrets case

PE&G successfully obtained a preliminary injunction in federal court for client Vinyl Interactive LLC, an online lead generation company, preventing a former employee and his new employer from using Vinyl's trade secrets. Vinyl, a San Francisco company, operates a website called Free College Scholarships, which connects potential students with schools and offers users a chance to win a college scholarship. In its Complaint, Vinyl alleged that a former employee misappropriated Vinyl's trade secrets, and went to work for a competitor, which shortly thereafter launched a similar website. On May 1, 2009, US District Court Judge Claudia Wilken granted Vinyl's motion for a preliminary injunction, finding that Vinyl had shown a likelihood of success on the merits of its trade secrets misappropriation claims. Click here for the opinion. The matter settled soon thereafter.

Lawsuit Seeks to Protect Emergency Room Patients from Unlawful Balance Billing by SF General Hospital

In June of 2009, PE&G filed a class action lawsuit in San Francisco Superior Court against the City and County of San Francisco challenging the practice by San Francisco General Hospital of "balance billing" emergency room patients, i.e. billing a patient directly for an amount over and above the amount the patient's health insurer has deemed to be the "allowed amount" for such services. The California Supreme Court has confirmed that the practice is illegal, and that any disputes over the bills should be resolved between the hospital and the insurer, but San Francisco General continues to do it. The complaint seeks restitution for those patients who have been overcharged and an injunction to prevent San Francisco General from continuing to balance bill patients. The case is Combrisson v. City and County of San Francisco. For an article about the case from the Daily Journal, click here.

Security Guard Licensing:
Firm Achieves Significant Public Benefit

In February of 2009, PE&G settled a bouncer violence case against the owner and operator of a number of popular San Francisco nightclubs and the security guard company that employed the bouncer. The firm's client, a prominent San Francisco attorney and teacher at Hastings College of the Law, was brutally assaulted by a security guard and busboy at the club. The security guard was unlicensed, in violation of state licensing laws, which require, among other things, a criminal background check. The firm's investigation revealed that the guard had a long record of convictions for violent crimes. The complaint alleged assault and battery and violation of the state security guard licensing statutes and unfair competition laws. The case settled before trial for a confidential amount and an agreement by the club owners only to use licensed security guards at all of their clubs.

Who Was Responsible for "Facebook":
Firm Helps Resolve Dispute with Leading Social Network

PE&G represented Think Computer Corporation in its trademark dispute with Facebook, Inc., which the parties recently settled.  For a copy of the parties' joint press release regarding their settlement, click here.  For a copy of an article about the settlement from the San Jose Mercury News, click here.

firm sought out for music industry expertise

PE&G represented Dave Buckner in his case against the popular thrash rock band PAPA ROACH.  Buckner's complaint, filed in the Sacramento County Superior Court, sought damages and an accounting for royalties and other entitlements in connection with his 15-year involvement as a founding member of the band. David Given has previously been involved in leaving member cases for such platinum and multi-platinum acts as 4 NON-BLONDES, CAKE, MARILYN MANSON, SOCIAL DISTORTION and RED JUMPSUIT APPARATUS. He has also been consulted as a music industry expert in several high profile rock-and-roll divorces, including those of Jerry Garcia (GRATEFUL DEAD, JERRY GARCIA BAND), Tre Cool (GREEN DAY) and Lars Ulrich (METALLICA). For a copy of the complaint in Buckner v. Papa Roach, click here. For a copy of an article about the case that appeared in the Sacramento Bee, click here. The Buckner matter settled on confidential terms.

firm hired in dispute over major art collection

PE&G was recently retained to represent an interested party in a high profile dispute over the world's largest private collection of Papua New Guinea tribal art. Part of the collection is on exhibit at the de Young Museum in San Francisco. The case has received wide media attention, including feature articles in the San Francisco Chronicle and The New York Times.

Smart Money Interviews David Given

Smart Money magazine recently interviewed David Given for his thoughts on practical ways for small business owners to protect their intellectual property. For a copy of the article entitled "Quick Tips: Six Ways to Fend Off Copycats," click here.