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In the News: 2010 |
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Court Issues Stinging Rebuke To Banks' Attempt At Harassment Through Intrusive Discovery In Consolidated Overdraft Fee Cases December 16, 2010 -- The federal judge presiding over the nationwide multi-district litigation on the legality of the banks' debit card overdraft fee practices granted total victory to PE&G's clients, denying the banks' motion to compel the firm's clients to provide the banks' lawyers with sensitive and private information and documents. The firm objected that the information sought by the banks was either not relevant, was already in the banks' possession, or invaded the the clients' right to privacy, and that it was all done purely for the purpose of harassment. The judge agreed, calling the banks' actions "duplicitous" and rejecting the banks' motion in its entirety. For a copy of the court's order, click here. Firm's balance billing case December 3, 2010 -- In a major victory for PE&G and for victims of balance billing, the San Francisco Superior Court, on November 30, 2010, denied the City and County of San Francisco's attempt to dismiss a class action brought by the firm against the City for balance billing practices at San Francisco General Hospital. The City had argued that the prohibition against balance billing did not apply to patients who are covered by health insurance plans regulated by the California Department of Insurance (as opposed to those regulated by the California Department of Managed Health Care). The Court rejected this argument and allowed the case to continue. The Court had previously denied the City's attempt to block plaintiff's discovery efforts and case is now proceeding into the discovery phase. The case is Combrisson v. City and County of San Francisco. Firm's Overdraft Fee Litigation Against Bank of America Ordered to Proceed to Discovery November 18, 2010 -- The federal district court judge overseeing the vast multi-district litigation ("MDL") against the country's largest commercial banks over their multi-billion dollar overdraft fee practices has ordered PE&G's case against the largest such bank, Bank of America, to proceed to discovery. As a "First Tranche" case in the MDL, the firm's case against Bank of America will advance before the cases against many other banks. Sixteen bank customers from seven different states have brought suit against the bank alleging that the bank's overdraft fee practices are deliberately designed to increase the frequency of such charges and to foster multiple charges in the event of a single overdraft from a customer's account. The firm is also participating in cases against BB&T and M&T Bank. Those cases are currently on appeal to the 11th Circuit Court of Appeals as those banks attempt to enforce what the firm contends are unfair arbitration clauses; argument is pending. For more on this case, click here and here. Firm Vindicates Patient's Balance Billing Rights October 21, 2010 -- In the first of multiple cases filed by the PE&G challenging the practice of “balance billing” by hospitals and other health care providers (i.e., charging patients for the balance of their bill over and above the amount the patient's health insurer deems reasonable), San Bernardino County has settled with the firm's client, agreeing to drop its $50,000 lawsuit against the client for a balance bill from Arrowhead Regional Medical Group (a County Hospital), and to pay the client’s attorneys' fees. Firm Obtains TRO And Preliminary Injunction October 19, 2010 -- Extending its winning streak in trade secrets cases, PE&G successfully obtained a Temporary Restraining Order for client Potrero Media Corporation ("PMC") in San Francisco Superior Court. The order enjoins a former PMC employee and his alleged conspirators from using PMC’s trade secrets and from doing business with PMC’s clients. PMC, one of the nation’s top online lead generation companies, alleges in the lawsuit that a former PMC employee conspired with a PMC client to steal PMC’s customers and to use PMC’s trade secrets to unfairly compete with PMC. The TRO was obtained only days after PMC realized what its former employee was doing and referred the matter to the firm. On August 24, 2010, Superior Court Judge Charlotte Woolard made a finding that PMC was likely to succeed on the merits and issued a Preliminary Injunction extending the injunction throughout the duration of the case. The litigation is now in the discovery phase. Firm Continues To Protect Performing Artists October 19, 2010 -- Building on its record-shattering settlement in Gonzalez v. Countrywide Home Loans, PE&G achieved another substantial settlement in a right of publicity/unauthorized use case. In 2006, Jodi Fung, a Los Angeles based television and internet personality, did a photo shoot for AT&T, for which she was paid $750 for a time limited license. After the license expired, AT&T continued to use the photos in advertising, in particular in large posters in its Cingular stores. Despite numerous requests from Ms. Fung and her talent agent, JE Talent, to AT&T and its ad agency to remove the ads or negotiate a new license, nothing was done. Within weeks of the case being referred to legal counsel, the firm negotiated a $65,000 settlement for the client. Firm Champions Rights Of Visual Artists: October 19, 2010 -- While most other countries protect the rights of visual artists (such as painters and sculptors) by providing for a royalty to be paid to them every time their works are resold (generally known as the “droit de suite”), in the U.S., only the State of California provides such a right – known as the “resale royalty.” Under that law, the artist is generally entitled to a percentage of the resale price. The purpose of the law is to give artists – who tend to become well known only later in life – an opportunity to share in the appreciation in value of works which they may have sold for a pittance when they were young. (See article on the subject by firm partner Nick Carlin.) Unfortunately, many dealers, collectors and auction houses ignore this law, and many artists are unaware of their rights or don’t assert them for fear of retaliation. PE&G recently vindicated the resale royalty rights for prominent California painter Roland Petersen. In 2007, Christie’s auction house sold three of Petersen’s paintings, one showing here, for almost $300,000 but failed to notify him. Even after Petersen found out about the sales and demanded the royalty, Christie’s refused to pay. After the matter was referred to legal counsel, the firm quickly settled the case for the full amount of the resale royalty owed, plus interest, plus attorneys' fees. (If you are an artist and believe that you are entitled to resale royalties which have not been paid, feel free to contact us for a consultation.) Firm Opens Santa Monica Office August 30, 2010 -- Effective Sept. 1, PE&G has established an office in Southern California. Located on Second Street in downtown Santa Monica, the firm's Los Angeles area office will be staffed by attorney Kara Wolke, who became of counsel to the firm last month. Ms. Wolke's focus is on commercial and class action litigation, as well as on entertainment law and intellectual property matters. David Given Leads Panel August 16, 2010 -- David Given moderated a panel discussion on the recent summary judgment decision in the Viacom/YouTube litigation at the American Bar Association's 2010 Annual Meeting, held in San Francisco. The panel was sponsored by the ABA's Forum on the Entertainment and Sports Industries. The panel explored how Viacom and YouTube framed the issues on summary judgment as well as how the rules adopted in the court's decision apply across internet service providers in the online distribution of entertainment-related content. For a copy of the panel materials, which include the court's decision in the case, click here. Firm Appointed to Leadership Position July 16, 2010 -- PE&G was recently appointed co-team leader in the multi-district litigation initiated by bank customers of the nation's largest commercial bank, Bank of America, over that bank's overdraft fee practices. The firm will oversee the case against Bank of America, direct and participate in all discovery in the case, and help prepare the case for an eventual trial or other resolution. In March 2010, the judge presiding over this and a series of other similar cases against six of the nation's largest banks sustained the firm's position in the face of multiple legal objections raised by the banks. For a copy of the court's 50-page decision, click here. The firm is also participating in cases against BB&T and M&T Bank. Firm Successfully Defends May 18, 2010 -- A federal judge has decided in favor of PE&G's client in a case testing the limits of free speech on the internet. Teaming with lawyers from the Electronic Frontier Foundation, the firm successfully defended the First Amendment rights of an anonymous online speaker against a subpoena served on Yahoo! seeking his/her identity. Together with lawyers from the EFF, the firm filed a motion to quash the subpoena in the U.S. District Court for the Northern District of California, which federal district court judge Susan Illston granted. For a copy of Judge Illston's decision, click here. The matter settled shortly thereafter; the case against the client was dismissed, and a confidential amount was paid to the client and the client's attorneys. Firm Represents Cult-Rock Hero Roky Erickson May 6, 2010 -- PE&G recently obtained judgment in the San Francisco federal court in favor of Roky Erickson (of The 13th Floor Elevators fame) and related publishing and production companies on claims arising from the unauthorized sale and distribution of "Roky Erickson & The Aliens -- The Evil One." On its release, the album received four stars in Rolling Stone magazine (and later a 8.0 rating from pitchfork.com), and has since become an underground favorite. Roky's turbulent life in and out of the music business (he has been called "the great lost pioneer of rock and roll") was chronicled in the documentary film entitled "You're Gonna Miss Me" released by Palm Pictures in 2005. The judgment allows the clients to reclaim their rights to the songs and masters on this classic album. Firm in Rights Deal for Men Are From Mars April 19, 2010 -- PE&G recently represented the rights-holders in negotiations with Los Angeles-based production company BermanBraun and studio Summit Entertainment over the acquisition of film and television rights to the phenomenally successful book series Men Are From Mars Woman Are From Venus. The "Mars/Venus" titles, authored by world-renowned self-help guru John Gray, have sold more than 50 million copies worldwide, and the first book of the series (released in 1992 by HarperCollins) was on the New York Times best-seller list for nearly seven years. For a copy of an article from The Hollywood Reporter about the deal, click here. Firm Helps Settle Multi-Jurisdictional Dispute April 14, 2010 -- PE&G recently participated in protracted, multi-party negotiations concerning legal proceedings in three different jurisdictions, which have lead to the settlement of a dispute over the world's largest (and possibly, most important) private collection of New Guinea tribal art. A report on the settlement, which preserves the vast majority of the collection for exhibition at San Francisco's deYoung Museum, appeared on the front page of the San Francisco Chronicle. For a copy of that article, click here. Daily Journal features article January 26, 2010 -- California's leading legal newspaper, The Daily Journal, featured a guest column on the front page of its Jan. 25, 2010 issue by David Given, in which he gave his perspective on the ongoing copyright infringement battle between Viacom and YouTube/Google. For a copy of the article, entitled "Viacom v. YouTube: Clash of the Titans," click here.
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