litigation
PDFMSK’s Litigation Practice is comprised of attorneys who offer skillful representation to clients in a wide range of businesses and industries. We frequently try cases, both to judges and juries, and regularly handle administrative trials and hearings before federal, state, and local agencies. We are experienced in handling arbitrations, mediations, and other forms of alternative dispute resolution and actively provide litigation-avoidance counseling to our clients.
entertainment & intellectual property litigation
- Trademark and Trade Dress Infringement and Dilution Disputes
- Domain Name Disputes
- Antitrust, Unfair Competition and False Advertising Disputes
- Merchandising and Licensing Disputes
- Trade Secrets Disputes
- Copyrights & Patents
We assist clients in protecting its patents, trade secrets, trademarks, service marks, copyrights, and Internet domain names. We operate at the cutting edge of intellectual property litigation. Our trial lawyers are well versed in complex multi-faceted litigation in state, federal, and administrative courts including courts of appeal.
business & commercial litigation
- Complex Commercial Disputes
- Breach of Contract and Fiduciary Duty Claims
Our business and commercial litigation practice is diverse, sophisticated and often entails high-profile cases and clients. We represent both plaintiffs and defendants in civil matters and aggressively advance our client’s interests, whether we are prosecuting or defending claims.
Our attorneys litigate in both federal and state courts and before administrative and regulatory agencies. The cases the firm handles often involve contractual disputes and business torts, such as fraud and breach of fiduciary duty in complex business settings. In addition, we have handled entertainment, employment, securities, environmental, real estate, construction and unfair competition cases.
Our clients range from public companies to partnerships, small businesses and wealthy individuals. Our lawyers have substantial trial experience and approach each case as a potential trial. This allows our attorneys to focus on the core issues of the case and efficiently litigate these issues. Our trial expertise reaps substantial benefits for our clients during trial, and our "trial-ready" philosophy helps us to obtain better settlements prior to trial through mediation or arbitration proceedings.
corporate and partnership disputes
- Corporate and Partnership Dissolutions
- Breach of Contract and Fiduciary duty claims
Anyone who has served as an officer or director of a corporation or who has been a partner in a partnership, knows that disputes between the principals of a company or partnership are all too frequent. Officers, directors and partners often have legally enforceable obligations of due care, loyalty and honesty to the company, shareholders, partners and to each other. When these fiduciary duties are breached, litigation often follows. Our lawyers prosecute or defend such claims on behalf of officers, directors and partners in disputes arising in diverse business settings.
We have successfully handled litigation involving disputes over control of corporations, minority shareholder claims, corporate mismanagement, dissipation of assets and corporate and partnership dissolutions. This area of the law is particularly intriguing because of the range of options available to the parties. Our lawyers work hand-in-hand with the client to devise and execute a strategy that best fits the particular circumstances of the case. We have secured successful results for numerous clients, either through trial or settlement.
In addition, we are often consulted when potential corporate or partnership disputes appear on the horizon. Our experienced attorneys have been able to provide consultation and creative strategies to prevent the dispute from becoming a litigation matter.
securities litigation
- Shareholder Derivative Actions
- Crisis Management
We represent numerous clients in defending class and derivative actions and in litigating tender offers, allegations of insider trading and other major securities-related matters. Our securities litigators have the expertise to recognize critical issues early and we work with our clients to avoid the pitfalls that can turn a defensible lawsuit into a corporate disaster. Our lawyers have successfully represented officers and directors, shareholder groups, securities broker-dealers and underwriters in securities class actions, mismanagement claims and SEC investigations, among other areas.
Spotlight
If you’ve ever received an SEC Wells notice, a summons from a former business partner, or notice of a class action against your company, then you understand the anxiety these can trigger. With legal disputes a fact of life in today’s business world, having excellent counsel to calm your nerves and artfully enforce or defend your rights is critical.
Today’s business environment is variable, complex, and ambiguous. Business owners, general counsel, and corporate executives must find new and delicate balances between managing risk and accomplishing business goals. Trusted advisors who know how to be business enablers and not obstacles are critical to managing these treacherous waters.
The attorneys in MSK’s litigation practice have a broad range of legal expertise -- from contract disputes to class action cases to complex securities litigation. With a refined ability to know how and when to masterfully settle high stakes claims, and the ferocity and brilliance of seasoned trial lawyers, MSK’s litigators deliver results.
Cases
Cases
wage & hour
-
Represented 10 major motion picture studios and TV networks in class actions alleging that hundreds of thousands of workers were not timely paid wages. Includes claims for waiting time penalties and claims under California Business & Professions Code § 17200.
product liability
-
Represented the distributor of an active aircraft insecticide ingredient in class action litigation by pilots and flight attendants claiming injury from exposure to the insecticides on international flights. We were successful in defeating the claims through various pretrial motions.
-
Represented a client who was sued in a series of individual and class action lawsuits arising out of its manufacture, over a period of some 20 years, of an allegedly defective product used in residential home construction. Negotiated a creative settlement of the entire liability case, which resulted in the insurers funding the settlement agreement and waiving all coverage claims against the client.
real estate
-
Represented Wherehouse, Inc. in its acquisition of an independent retail chain of approximately thirty music stores. We also represented Wherehouse in various lease disputes with landlords, including renewals, the appropriate manner to set and reset rents, and related issues.
-
Represented Neiman Marcus Group, Inc. in a complicated lease dispute between NMG’s Beverly Hills specialty retail store and the owner of the property on which the store is located. Also represented NMG in property tax reassessment negotiations and business license tax disputes.
securities litigation
-
Defended a computer peripherals manufacturer, its chairman, and its CEO against securities fraud class actions and shareholder derivative actions.
-
Represented the Chairman and CEO of a major independent entertainment company in consolidated securities class action litigation arising out of an IPO.
insurance
-
Represented a biotechnology company in obtaining coverage for damages resulting from FDA-ordered recall of our client’s products. The firm obtained an eight-figure settlement well in excess of the annual policy limits after the carrier denied the claim and sued for rescission of the policy.
-
Represented a Fortune 100 technology company on insurance coverage issues arising from hostile takeover litigation. The firm successfully obtained reimbursement of $6 million in defense costs from the insurer issuing directors and officers coverage. The firm was also able to implicate the client’s liability insurer based upon certain defamation claims in the underlying litigation.
environmental
-
Defended a Southern California based industrial company against charges of violations of the Clean Water Act and Resource Conservation Recovery Act filed by the Army Corps of Engineers and the Environmental Protection Agency, ultimately resulting in dismissals with prejudice of the actions.
-
Defended a number of manufacturers and property owners in connection with CERCLA/Superfund litigation involving deep aquifer and soil contamination.
construction
-
Successfully obtained a jury verdict for our client, a major construction company, in a complex matter involving a personal injury claim at a construction site. The claims for contractual and common law indemnification against our client were also dismissed.
-
Represented corporation in multiple cases involving construction defects, property damage, mechanics liens, and complex insurance coverage issues, resulting in favorable six figure settlements for the client.
-
Represent numerous contractors and subcontractors in various dealings with insurance companies including tendering of claims, coverage disputes, premium disputes, reimbursement demands, and other defense related issues.
anti-trust & unfair competition
-
Defended a Harcourt Brace subsidiary that provided BAR/BRI Bar review courses against Sherman Act § 2, Clayton Act and Robinson-Putman Act claims through trial and appeal.
-
Represented a major automaker in a suit alleging antitrust and California Business & Professions Code § 17200 claims. The case was settled favorably for our client after a successful summary adjudication motion defeating several of the plaintiff’s key claims.
Headlines
Headlines
- Profiles in Diversity Journal, November 20, 2024
- The Hollywood Reporter , November 20, 2024
- November 7, 2024
- October 24, 2024
- Variety , October 9, 2024
- August 15, 2024
- Law360, August 15, 2024
- Law 360, July 31, 2024
- Super Lawyers , June 11, 2024
- Chambers USA, June 6, 2024
- June 4, 2024
- Law360, May 28, 2024
- Variety , April 30, 2024
- Super Lawyers, April 22, 2024
- April 17, 2024
- Billboard , April 1, 2024
- Billboard , April 1, 2024
- Law360, February 20, 2024
- January 27, 2024
- January 10, 2024
- January 2, 2024
- Business Wire , December 11, 2023
- November 2, 2023
- Profiles in Diversity Journal , October 12, 2023
- Gregory Hessinger and Christine Lepera Named to The Hollywood Reporter's 2023 NYC Power Lawyers ListThe Hollywood Reporter, September 27, 2023
- September 22, 2023
- August 17, 2023
- June 23, 2023
- June 6, 2023
- Chambers USA, June 1, 2023
- Los Angeles Business Journal, May 22, 2023
- April 19, 2023
- Billboard, February 2, 2023
- January 10, 2023
- Business Wire , December 19, 2022
- Law360, December 16, 2022
- November 2, 2022
- September 29, 2022
- September 8, 2022
- Chambers USA, June 1, 2022
- Los Angeles Business Journal, May 16, 2022
- Page Six, May 16, 2022
- New York Post , May 9, 2022
- April 20, 2022
- Chambers Global Guide 2022 , March 3, 2022
- Billboard , February 24, 2022
- January 20, 2022
- January 14, 2022
- January 6, 2022
- January 6, 2022
- Billboard, January 5, 2022
- January 5, 2022
- The Hollywood Reporter , December 3, 2021
- Business Wire , November 16, 2021
- November 4, 2021
- October 5, 2021
- Business Wire , August 24, 2021
- August 19, 2021
- National Bar Association , July 24, 2021
- June 9, 2021
- May 27, 2021
- Chambers USA, May 20, 2021
- January 21, 2021
- The Hollywood Reporter, December 9, 2020
- December 9, 2020
- Billboard, December 3, 2020
- November 2020
- Vice , October 30, 2020
- August 20, 2020
- Boxing Scene, August 9, 2020
- July 14, 2020
- Law360, June 26, 2020
- Law360, June 25, 2020
- The National Black Lawyers, June 5, 2020
- Billboard , May 26, 2020
- Law360, April 29, 2020
- Chambers USA , April 23, 2020
- Billboard , April 23, 2020
- April 15, 2020
- March 17, 2020
- March 4, 2020
- The Hollywood Reporter, February 19, 2020
- Billboard , February 18, 2020
- Fordham Lawyer Magazine (Fall/Winter 2020: The Tech Issue)
- January 2, 2020
- December 16, 2019
- December 12, 2019
- October 28, 2019
- Profiles in Diversity Journal, October 2, 2019
- August 15, 2019
- July 3, 2019
- June 20, 2019
- Law360, May 9, 2019
- April 25, 2019
- March 2019
- January 30, 2019
- January 1, 2019
- December 6, 2018
- November 1, 2018
- October 31, 2018
- August 15, 2018
- April 17, 2018
- March 11, 2018
- January 4, 2018
- November 1, 2017
- October 20, 2017
- January 23, 2017
- January 20, 2017
- January 12, 2017
- December 21, 2016
- December 16, 2016
- November 18, 2016
- November 17, 2016
- New York Law Journal, November 11, 2016
- November 1, 2016
- October 20, 2016
- New York Law Journal, September 29, 2016
- September 21, 2016
- September 21, 2016
- September 20, 2016
- June 29, 2016
- June 20, 2016
- June 14, 2016
- June 2, 2016
- June 2, 2016
- June 1, 2016
- May 30, 2016
- May 26, 2016
- May 23, 2016
- April 25, 2016
- April 20, 2016
- April 11, 2016
- April 6, 2016
- March 29, 2016
- November 2015
- October 22, 2015
- September 30, 2015
- November 21, 2014
- November 3, 2014
- September 15, 2014
- August 2014
- January 2014
- November 2013
- November 2013
- August 15, 2013
- January 2013
- December 31, 2012
- November 1, 2012
- November 1, 2012
- September 11, 2012
- September 10, 2012
- August 24, 2012
- August 24, 2012
- May 2012
- April 13, 2012
- March 2012
- January 23, 2012
- January 3, 2012
- November 1, 2011
- October 10, 2011
- August 31, 2011
- July 13, 2011
- July 11, 2011
- June 13, 2011
- June 10, 2011
- June 9, 2011
- May 12, 2011
- April 14, 2011
- April 7, 2011
- April 6, 2011
- January 25, 2011
- October 1, 2010
- August 24, 2010
- July 14, 2010
- July 1, 2010
- February 24, 2010
- January 26, 2010
- December 31, 2009
- December 29, 2009
- June 29, 2009
- April 22, 2009
- April 14, 2009
- April 4, 2009
- January 30, 2009
- December 7, 2008
- November 21, 2008
- July 23, 2008
- June 18, 2008
- June 5, 2008
- May 28, 2008
- April 9, 2008
- January 30, 2008
- December 28, 2007
- June 15, 2007
- May 10, 2007
- June 1, 2006
- September 12, 2005
- March 23, 2005
- June 30, 2003
- June 2002
Publications
- Enforcement and Recovery: Practical StepsGlobal Arbitration Review , December 21, 2023
- Wolters Kluwer; The Licensing Journal, May 2020, Volume 40, Number 5 (p. 20-21)
- Law360, April 29, 2020
- James Madison Center for the Constitution Podcast, June 2017
- NYSBA Journal, May 2017
- NYSBA Commercial & Federal Litigation Section Newsletter, May 18, 2016
- ACC Docket, February 19, 2016
- Law360, November 3, 2015
- June 15, 2015
- ABA, Section of Litigation, March 12, 2015
- Law360, 2014
- The University of Texas School of Law, The Review of Litigation, 2014
- Bloomberg BNA, April 8, 2013
- Westlaw Journal, March 2011
- Entertainment Litigation (Oxford University Press, 2011), 2011
- ABA's The Woman Advocate, 2nd Edition, May 2010
- Los Angeles Daily Journal, March 2008
Alerts
- November 11, 2024
- August 20, 2024
- July 16, 2024
- December 7, 2022
- May 19, 2022
- March 11, 2022
- February 28, 2022
- October 12, 2021
- August 25, 2021
- August 23, 2021
- February 23, 2021
- December 14, 2020
- December 8, 2020
- November 23, 2020
- July 28, 2020
- June 9, 2020
- June 9, 2020
- June 3, 2020
- May 27, 2020
- May 22, 2020
- May 19, 2020
- May 19, 2020
- May 11, 2020
- April 28, 2020
- April 23, 2020
- April 21, 2020
- April 21, 2020
- April 10, 2020
- April 3, 2020
- April 3, 2020
- April 2, 2020
- March 25, 2020
- Demand for Pirated Content Surges as the Public Stays HomeMarch 23, 2020
- COVID-19: SoCal Shelter in Place OrdersMarch 23, 2020
- March 20, 2020
- March 17, 2020
- March 11, 2020
- March 6, 2020
- April 5, 2018
- March 28, 2018
- July 27, 2017
- December 16, 2015
- September 3, 2015
- August 2015
- September 11, 2012
- July 2006
Events & Speaking Engagements
- Games Industry Law Summit Vilnius 2024September 4, 2024
- Games Industry Law Summit On Tour: Limassol 2024April 19, 2024
- March 27, 2024
- March 21, 2024
- March 15, 2024
- March 8, 2024
- November 15, 2023
- November 9, 2023
- October 14, 2023
- February 21, 2023
- February 9-11, 2023
- Federal Bar CouncilOctober 22, 2022
- October 18, 2022
- Midem Legal SummitNovember 18, 2021
- 33rd Annual North American Law Summit on Entertainment, Sports and IPNovember 12, 2021
- USC Gould School of Law's 2021 Intellectual Property InstituteSeptember 21, 2021
- The Copyright Society of the USA l 2021 Virtual Midwinter MeetingFebruary 10, 2021
- October 30, 2020
- June 25, 2020
- May 28, 2020
- Copyright Society of the USAMay 21, 2020
- May 21, 2020
- April 22, 2020
- South by SouthwestMarch 21, 2020
- The Beverly Hills Bar AssociationMarch 5, 2020
- February 18, 2020
- February 6, 2020
- Practising Law InstituteJanuary 6, 2020
- December 7, 2019
- 31st Annual North American Law Summit on Entertainment, Sports and IPNovember 14, 2019
- November 7, 2019
- Beverly Hills Bar Association's IP, Internet & New Media Law SectionJuly 18, 2019
- Practising Law InstituteJuly 8, 2019
- May 2, 2019
- April 18, 2019
- February 14, 2019
- December 10, 2018
- November 29, 2018
- October 26, 2018
- July 31, 2018
- April 18, 2018
- April 18, 2018
- April 3, 2018
- April 3, 2018
- March 13, 2018
- March 12, 2018
- March 10, 2018
- February 24, 2018
- January 18, 2018
- August 10, 2017
- August 8, 2017
- August 1, 2017
- July 13, 2017
- July 10, 2017
- June 25, 2017
- April 21, 2017
- April 5, 2017
- March 30, 2017
- 2017 ABA Section of Litigation Corporate Counsel CLE SeminarFebruary 17, 2017
- September 30, 2016
- September 21, 2016
- August 1, 2016
- June 22, 2016
- March 11, 2016
- 2015
- October 14, 2015
- July 23, 2015
- July 14, 2015
- June 5, 2015
- April 10, 2015
- December 11, 2014
- November 4, 2014
- September 8, 2014
- April 13, 2014
- April 2, 2014
- March 5, 2014
- March 4, 2014
- January 23, 2014
- October 5, 2013
- September 11, 2013
- March 26, 2013
- January 6, 2013
- November 27, 2012
- October 6, 2012
- Recent Developments in the Publishing IndustryOctober 2012
- October 5, 2012
- 2012
- February 10, 2012
- Litigation v. MediationAugust 2010
- August 6, 2010
- March 24, 2010
- January 26, 2010
- January 6, 2010
- August 18, 2009
Multimedia
Sub Practices
Practice Chairs
Attorneys
- Jacob Albertson
- Alexandra Anfuso
- Rebecca Benyamin
- James Berkley
- Theresa Bowman
- Mark Bravin
- Stacey Chuvaieva, CIPP/US/E
- Lucia Coyoca
- Karl de Costa
- Lindsay Edelstein
- Christopher Elliott
- Arthur Fine
- Stephen Foster
- Russell Frackman
- Samantha Frankel
- Albina Gasanbekova
- Kevin Gaut
- Eric German
- Mark Geylikman
- David Gordon
- Yakub Hazzard
- Brandon Hughes
- Mark Humphrey
- Hayward Kaiser
- Constance Kang
- Elaine Kim
- Seth Krasilovsky
- Eleanor Lackman
- Christine Lepera
- Adam Levin
- Marissa Lewis
- Ian Logan
- Emma Luevano
- Marc Mayer
- Paul Montclare
- Bradley Mullins
- Andrew Nietes
- Jean Nogues
- Gabriella Nourafchan Ismaj
- Gregory Olaniran
- Karin Pagnanelli
- Seth Pierce
- Lucy Holmes Plovnick, AIGP, CIPP/US
- Robert Rotstein
- Valentine Shalamitski
- Richard Sheldon
- Corey Singer
- David Steinberg
- Skyler Terrebonne
- Don Wallace, Jr.
- Matthew Williams