Representative Matters
Media, Entertainment, and Intellectual Property
Copyright Litigation
Defended successfully Warner Communications, Inc. against company holding certain rights to Tom Wait’s music. Third Story Music, Inc. v. Waits, 1995 Cal. App. (1995)
Represented musician Jack White and the White Stripes in copyright litigation against music producer seeking ownership of copyright interest in White Stripes songs. Diamond v. Gillis, 357 F. Supp. 2d 1003 (E.D. Mich. 2005)
Represented music band Smashing Pumpkins in obtaining summary judgment in action alleging copyright infringement and state law claims relating to production of music video. Morrill v. Smashing Pumpkins, 157 F. Supp. 2d 120 (C.D. Cal. 2000)
Rights of Publicity
Represents band No Doubt in the band's suit against Activision Publishing, Inc. over the use of its likeness in a video game. No Doubt v. Activision Publishing, Inc., 702 F. Supp. 2d 1139 (C.D. Cal. 2010)
Represents band No Doubt in the band's suit over the use of its likeness in a video game. No Doubt v. Activision Publishing, Inc., 192 Cal. App 4th. 1018 (2011)
Competitor Suits
Represented record company and recording artist Anita Baker in defending against competitor’s efforts to prevent record label from signing singer formerly under contract with competitor. Beverly Glen Music, Inc. v. Warner Communs., Inc., 178 Cal. App. 3d 1142 (1986)
Represented radio production company in litigation relating to challenge to “top 10” song countdown format. Watermark, Inc. v. United Stations, Inc., 219 U.S.P.Q. 31 (C.D. Cal. 1982)
Commercial Litigation and Appeals
Represented investment banking firm in litigation and appeal relating to licensing requirements for the sale of a business. All Points Traders, Inc. v. Barrington Assocs., 211 Cal. App. 3d 723 (1989)
Represented real estate development company in action against international engineering and construction firm for damages for breach of contract to transfer real property. Ersa Grae Corp. v. Fluor Corp., 1 Cal. App. 4th 613 (1991)
Represented judgment creditor in bankruptcy proceeding and related appeals challenging claim as time barred. Classic Auto Refinishing Inc. v. Marino, 181 F.3d 1142 (1999)
Represented bank in action on promissory note. Lincoln Natl. Bank v. Dworsky, 218 Cal. App. 3d 852 (1990)
Representation of a law firm in connection with Anti-SLAPP proceedings. Gerbosi v. Gamis, Weil West & Epstein, 193 Cal. App. 4th. 435 (2011)
Appellate and Constitutional Litigation
Represented concert promoter in suit against City for denying access to public forum based on content of performers’ expression, in violation of First Amendment. Cinevision Corp. v. City of Burbank, 745 F.2d 560 (9th Cir. 1984)
Represented City of Simi Valley in connection with defense of ordinances concerning adult businesses. Young v. City of Simi Valley, 216 F.3d 807 (2000)
Defended City in action by developer raising constitutional challenges to zoning and land use regulations and permit denial. Litton Intl. Dev. Corp. v. City of Simi Valley, 616 F. Supp. 275 (1985)
Represented candidate for California Assembly in challenging application of state unfair competition laws to political campaign messages. O’Connor v. Superior Court of Kern County, 177 Cal. App. 3d 1013 (1986)
Represented parties seeking to maintain confidentiality of search warrant and other pre-indictment investigation materials. Times Mirror Co. v. United States, 873 F.2d 1210 (9th Cir. 1989)
Represented City in obtaining reversal of Section 1983 liability judgment in action by ballot measure proponent in connection with police action against proponent. Sloman v. Tadlock, 21 F.3d 1462 (9th Cir. 1994)
Represented Los Angeles Mayor Tom Bradley in challenge to enactment of City ordinance. Pulskamp v. Martinez, 2 Cal. App. 4th 854 (1992)
Pro Bono Litigation
Represented petitioner in Supreme Court action finding racial segregation in California’s prison system unconstitutional. Johnson v. California, 543 U.S. 499, 125 S. Ct. 1141 (2005)
Submitted amicus brief on behalf of Brady Center to Prevent Gun Violence in Supreme Court cases concerning Second Amendment challenges to firearms restrictions and criminal sanctions relating to firearms possession. District of Columbia v. Heller, 128 S. Ct. 2783 (2008), and United States v. Hayes, 555 U.S. ___ (2009)
At the request of California Supreme Court, represented indigent death row defendant in appeal of conviction and habeas corpus petition. People v. Williams, 44 Cal. 3d 1127, 751 P.2d 901 (1988); In re Williams, 7 Cal. 4th 572, 870 P.2d 1072 (1994)
Other Reported Decisions
United States v. Halbert, 640 F.2d 100 (9th Cir. 1981)
United States v. Gardner, 611 F.2d 770 (9th Cir. 1980)
United States v. Vasquez, 597 F.2d 192 (9th Cir. 1979)
United States v. General Dynamics Corp., 644 F. Supp. 1497 (1986)
United States v. Seide, 492 F. Supp. 164 (1980)
Affiliations
Law
Fellows of the American Bar Foundation
Litigation Counsel of America, Fellow
American Bar Association, Litigation Section
Former Co-Chair of Financial Institutions Fraud Sub-Committee
Federal Civil Rights Panel
Central District of California, Member
Los Angeles County District Attorney
Task Force on Workers' Compensation Fraud, Member
Chancery Club
Public Counsel, Board Member
Western Justice Center Foundation
Board of directors; Executive committee
Legal Aid Foundation of Los Angeles
Los Angeles County Bar Association, Litigation Section
National Institute of Trial Advocacy, Instructor
State Bar of California
District of Columbia Bar Association
New York State Bar Association
Civic
Los Angeles Ethics Commission
“Cowan Commission,” Consultant
Independent Commission on the Los Angeles Police Department
“Christopher Commission,” Counsel
Rampart Independent Review Panel
Deputy General Counsel
Board of Police Commissions
“Judge Webster Study,” Special advisor
Temple Israel of Hollywood, Board Member
Big Sunday, Inc., Board Member
Oakwood School, Executive Committee
Westside Jewish Community Center, Vice President
Al Wooten Jr. Heritage Society, Advisory board
American Youth Soccer Organization (AYSO)
Commissioner
George Washington University National Council of Arts and Sciences
Member Emeritus, Past Chair
Publications, Presentations,
Appearances & Teaching
Visiting Professor, American Criminal Procedure, University Biznesa Augstskola Turiba, Riga, Latvia
California Causes of Action, James Publishing, Editorial advisory board
University of California, Berkeley, CA, Oct “My Life in Prison: One Corporate Litigation Lawyer's Experiences with California Murderers and Their Constitutional Rights.”
American Bar Association panels
American Film Institute
Association of Business Trial Lawyers
California Accountants Society
Georgetown University
National Institute of Trial Advocacy
UCLA School of Law
University of southern California
Recognition
California Lawyer Attorneys of the Year Award (CLAY)
- Pro Bono, 2006
Best Lawyers in America
- Bet-the Company and Commercial Litigation, 2000–11
Prior to Kendall Brill Klieger
Proskauer Rose LLP, Los Angeles, Managing Partner, 2000–2010
McCambridge, Deixler and Marmaro, Founding Partner, 1984–2000
Manatt, Phelps & Phillips, Partner, 1981–1983
U.S. Department of Justice
- Assistant United States Attorney Los Angeles, 1978–81
- Special Assistant to the U.S. Attorney for the Central District of California, 1981
Bar and Court Admissions
California, 1976
District of Columbia, 1982
New York, 2008
U.S. District Court, California
- Central, Eastern, Northern and Southern Districts