Commercial Litigation

Kendall Brill & Klieger represents and advises companies in a wide range of complex commercial disputes, including class actions, claims for fraud, breach of contract and licensing disputes, trade secret misappropriation, unfair competition, and securities law issues.

Selected representative matters are described in more detail below.

Class Actions

Defended casual gaming company in putative class action by online customers alleging breach of contract, unfair competition, and improper early termination fees.

Represented leading publishing company in class action claiming violations of the Telephone Consumer Protection Act.

Defended Viacom/BET in a putative class action alleging copyright violations involving synchronization rights.

Defended putative class action against Harmonix Games, MTV Networks, and Electronic Arts for alleged unfair competition, breach of implied warranty, and violation of the Consumer Legal Remedies Act related under the video game “Rock Band.”

Contract Disputes and Business Torts

Defend Paramount Pictures Corporation in federal securities, contract and business tort actions related to complex domestic and international film financing transactions.

Represent Electronic Arts in defending against claims by Activision for alleged interference with contract and related tort claims.

Represent Screen Media Ventures in litigation with Universal Studios Home Entertainment concerning former distribution relationship.

Represent Hachette Book Group in a breach of contract action brought by William Paul Young, author of the best-selling book The Shack.

Represented Paramount Home Entertainment in dispute with Rank DMS (formerly Deluxe Media Services) related to home video distribution services.

Defended Showtime pay television service in dispute alleging tortious interference with boxing promoter agreement.

Defended Showtime pay television service in contract dispute relating to license fee audit of motion picture studio.

Represented founder and franchisor of Improv comedy club in franchise and licensing disputes.

Represent restaurant franchisor in breach of contract and business tort disputes with franchisees.

Represent foreign and domestic high-tech companies in patent licensing disputes.

Conduct internal investigations into frauds committed by executives employed by domestic and multinational companies.

Trade Secrets and Unfair Competition

Represented CBS Interactive in trade secret misappropriation action against competing company and its principals.

Represent registered investment company in trade secret misappropriation and business tort dispute.

Advise and defend companies in connection with public and private enforcement actions relating to allegations of unfair competition.

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