Nicholas F. Daum 2018-07-17T19:03:23+00:00

With a particular focus on crafting highly persuasive legal arguments before trial and appellate courts, Nicholas F. Daum has obtained successful results for clients including major entertainment-industry corporations, religious organizations, law firms, and professional advisors. Fluent in all stages of civil litigation, Mr. Daum skillfully crafts legal arguments that have helped clients resolve novel and cutting-edge legal issues, especially in the areas of commercial and contract law, First Amendment and constitutional law, and professional liability.

Education

Yale Law School, J.D., 2003

  • Cover Fellow
  • Yale Law Journal, Notes Editor
  • Yale Journal on Regulation, Executive Editor
  • Research Assistant to Professor Owen Fiss

University of California at Berkeley, M.A., History, 2000

  • Mellon Fellow

Cornell University, B.A., History and College Scholar Program, 1996

  • Magna cum laude

Clerkships

U.S. Court of Appeals for the Ninth Circuit

  • Law Clerk, Hon. Raymond C. Fisher

Media and Entertainment

  • Obtained defense-side summary judgment verdict for the estate of one of Hollywood’s most prominent business managers against a claim for hundreds of millions of dollars in a case involving novel and significant issues concerning California’s mediation privilege.
  • Secured plaintiff’s-side summary judgment of more than $14 million on behalf of his client Viacom International Inc. in a lawsuit against the toymaker MGA Entertainment Inc. for breach of contract.
  • Obtained complete defense-side victory for Paramount Pictures at trial and on appeal in a dispute over the financing for the film No Country for Old Men.
  • Obtained complete defense-side summary judgment for defendant BET Networks, Inc. in a case that involved novel First Amendment issues that were applied to performers and cast members.
  • Obtained complete victory on appeal for Current Media, LLC and former Vice President Al Gore in an action that involved the novel claim of “idea submission” of a business idea.
  • Integral member of the team that obtained a complete defense victory for Paramount Pictures at trial and on appeal in a complex commercial dispute over domestic and international film financing.
  • Obtained a successful result on a motion to dismiss for Paramount Pictures in a case that involved the film “The Godfather.” The case resulted in a successful settlement.
  • Currently representing the heirs of a holocaust survivor in a federal court action brought against a Spanish state-owned museum for the restitution of a Camille Pissarro painting that was looted by the Nazis.

Representation of Lawyers and Law Firms

  • Obtained a complete victory, in a published appellate opinion, for a law firm that had been sued for defamation after issuing a press release.
  • Obtained dismissal of an action brought against a lawyer who was representing the heirs of the original authors of the “Superman” comics.
  • Currently represents law firms in ongoing confidential legal malpractice actions.

Commercial Litigation

  • Obtained a total victory on appeal for the entertainment company Ascent Media Group and several of its executives and in-house attorneys against a lawsuit that had been filed by a former executive that claimed fraud and legal malpractice.
  • Helped achieve a complete victory on trial and appeal in a $200 million tortious interference claim that was brought against a major casino company in connection with Indian gaming in California.
  • Secured a favorable settlement for a group of founders and early employees of a major internet company in groundbreaking litigation that involved the venture capital industry.
  • Los Angeles County Bar Association, Entertainment Law and Intellectual Property Section (ELIPS), Member
  • People Assisting the Homeless (PATH), Fundraiser, Imaginary Feast Committee, Member
  • Western Center for Law and Poverty, Advisory Board Member, 2009
  • Sussman Godfrey LLP, 2004–2009
    Associate
  • California, 2005
  • U.S. District Courts
    Central, Eastern, Northern, and Southern Districts of California
  • U.S. Court of Appeals for the Ninth Circuit