PRACTICE AREAS

KBK attorneys have litigated complex copyright, trademark, trade secret, idea submission, licensing, distribution, right of publicity, and defamation disputes involving all types of media and entertainment companies. Examples of representative matters include:

Copyright, Trademark, and Idea Submission

  • Secured a dismissal, a public apology, and monetary compensation for legendary composer Hans Zimmer and several companies in a copyright infringement claim concerning the musical score for the Academy Award-winning film “12 Years A Slave.”
  • Obtained a favorable bench trial ruling and appellate rulings for the heirs of the creator of “Hawaii Five-0” in a rights dispute with the creator’s former talent agent.
  • Obtained summary judgment for the band Smashing Pumpkins in an action alleging copyright infringement and state law claims relating to production of a music video.
  • Represented the band No Doubt in its suit against Activision Publishing, Inc. over the use of its likeness in a video game.
  • Represented musician Jack White and the White Stripes in a copyright litigation against a music producer seeking ownership of copyright interest in The White Stripes’ songs.
  • Represented Viacom and Viacom Media Networks in a copyright infringement lawsuit involving the hit TV children’s show Paw Patrol.
  • Defended BET in a putative class action alleging copyright violations involving synchronization rights.
  • Represented Nickelodeon cable television network in idea submission action related to the television program “True Jackson, V.P.” and in trademark and trade dress infringement action related to the children’s television program “The Fresh Beat Band.”
  • Defended MTV Networks in copyright infringement action related to O.J. Simpson’s “Juiced” reality television project.
  • Successfully defended Warner Communications, Inc. against a company holding certain rights to Tom Wait’s music.
  • Represented Electronic Arts in copyright action related to “The Sims” video game franchise and in trademark infringement actions related to “EA SPORTS Active” and “Mirror’s Edge” video games.
  • Represented multiple defendants – a TV production company, broadcast network, and producers – in a copyright infringement action involving a hit reality TV series. Obtained summary judgment, after discovery, in favor of the clients on the copyright infringement claim.
  • Represented a radio production company in litigation relating to a challenge to a Top 10 song countdown format.
  • Defended TV networks in a class action suit brought by composers and music recording companies. The plaintiffs alleged that KBK’s clients had committed copyright infringement resulting from the use of music in TV programming.
  • Currently representing Viacom and Viacom Media Networks, as well as the production company and producers, in a copyright infringement lawsuit involving the hit VH1 television show “Love & Hip Hop.”
  • Resolved litigations between TV networks over reality-TV formats.
  • Advised and counseled clients on the use and infringement of trademarks related to numerous entertainment properties and brand-name retail goods.
  • Filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in the Viacom v. YouTube case on behalf of a group of legal and economics scholars from multiple universities including Harvard, Yale, and Columbia in a Digital Millennium Copyright Case.
  • Filed an amicus brief on behalf of Google, Yahoo!, and AltaVista to the U.S. Court of Appeals for the Ninth Circuit in a fair use doctrine case

Licensing, Royalties and Distribution

  • Obtained summary judgment for the estate of Robert Philpott, who was sued by the ex-wife of Dick Wolf, creator of the “Law & Order” TV franchise, based on allegations he negotiated a divorce settlement that denied her franchise-related revenue.
  • Secured a settlement for a Screen Media Ventures subsidiary after obtaining summary judgment ruling establishing its right to receive monies under a distribution agreement.
  • Obtained summary judgment on behalf of a broadcast network in a case alleging it failed to pay royalties to composers of background music.
  • Represented Screen Media Ventures in litigation with Universal Studios Home Entertainment concerning the parties’ former distribution relationship.
  • Achieved a pre-trial settlement for several leading entertainment studios in a multibillion-dollar dispute concerning licensing and distribution of pay television services in Australia.
  • Represented Paramount Home Entertainment in a dispute with Rank DMS in an alleged breach of a “most favored nations” provision in connection with distribution services for home entertainment products.
  • Resolved on behalf of a media company a distribution fee audit and dispute concerning its fantasy titles.
  • Represented heirs of the creator of the television show, “Hawaii Five-0,” in a bench trial, jury trial, and appellate proceedings involving rights dispute with the creator’s former talent agent.
  • Represented Screen Media Ventures in litigation with a major studio concerning the parties’ former distribution relationship.
  • Obtained summary judgment on behalf of a broadcast network facing allegations of failure to pay royalties made by composers of background music. Claims involved the release of an episodic TV series from the 1950s to 1970s on videocassette and DVD, and the royalties for the synchronization licenses of the compositions.
  • Currently representing NBCUniversal in a significant dispute related to the sale and distribution of a slate of films now owned by a hedge fund.

Rights of Privacy and Publicity/Libel and Slander

  • Successfully defended a television network against claims of invasion of privacy arising from television programming.
  • Defended an environmental activist website against claims that a photograph of a celebrity’s personal residence infringed her privacy rights and misappropriated her publicity rights.
  • Represented Showtime pay television service in an action alleging Lanham Act and right of publicity violations in connection with the misattribution of motion picture.
  • Represented MTV Networks and Dickhouse Productions in an action alleging statutory and common law misappropriation of likeness in connection with reality television program “Rob Dyrdek’s Fantasy Factory.”
  • Represented a world famous athlete in libel and slander action related to an article in In Touch Weekly
  • Represented Viacom Inc. and Viacom Media Networks in an action involving numerous tort claims, including misappropriation of likeness and defamation, arising out of the production and broadcast of a reality TV program.
  • Retained by video-game manufacturers and developers to handle litigation over the rights to use likenesses and images.

Trade Secrets and Unfair Competition

  • Successfully represented Outfront Media in defeating a competitor’s challenge to a major public transit contract.
  • Reached a mutually beneficial resolution in litigation concerning allegations of misappropriation of trade secrets for an online content network in its claims against a competitor after taking over the matter from another firm weeks before trial.
  • Represented a registered investment company in a trade secret misappropriation and business tort dispute.
  • Defended digital media startup against claims that the owner had misappropriated assets from a prior company.
  • Represented a major digital media company in a trade secret misappropriation action against a competing company and its principals.
  • Defended Electronic Arts in an action alleging misappropriation of boxers’ likenesses for use in “Fight Night” video game.

Our attorneys represent and advise companies in a wide range of complex commercial disputes, including class actions, as well as claims for fraud, trade secret misappropriation, unfair competition, securities violations, and breach of contract. Examples of representative matters include:

Contract Disputes and Business Torts

  • Obtained a complete defense victory at the trial and appellate court level for Paramount Pictures Corporation in federal securities, contract, and business tort action related to a complex domestic and international film financing transaction.
  • Won summary judgment and an appeal for Current TV LLC in a lawsuit filed by a consultant seeking a multi-million dollar “finder’s fee” in connection with the sale of Current to Al Jazeera.
  • Successfully defended a record company and recording artist Anita Baker against a competitor’s efforts to prevent the record label from signing Baker, who was formerly under contract with the competitor.
  • Secured summary judgment and a financial award on behalf of Viacom International Inc. in a lawsuit against toymaker MGA Entertainment Inc. for breach of contract over unpaid advertising bills and a 2012 co-finance agreement with Viacom to broadcast a TV series based on the toymaker’s line of Lalaloopsy dolls.
  • Successfully represented Outfront Media in defeating a competitor’s challenge to a major public transit contract.
  • Obtained summary judgment on behalf of Creative Artists Agency in an action asserting tort and contract claims related to a highly successful TV series.
  • Represented Wasserman Media Group in a variety of sports- and entertainment-related disputes.
  • Defended media companies in actions involving major injuries suffered in accidents that occurred during the filming of theatrical motion pictures and TV shows.
  • Representing heirs of a holocaust survivor in a federal court action against a Spanish state-owned museum for restitution of fine art looted by Nazis.
  • Defended a TV producer in the appellate courts against charges that the producer discriminated against a pregnant actress. The producer was alleged to have terminated the actress rather than retain her as the vixen in the cast of a prominent soap opera.
  • Represented a real estate development company in an action against an international engineering and construction firm for damages for breach of contract to transfer real property.
  • Represented judgment creditors in a bankruptcy proceeding and related appeals challenging claim as time barred.
  • Represented China National Coal Development Corp. in a dispute regarding the dissolution of a coal-mining joint venture in northeastern China.
  • Represented a major film studio in litigation arising from the failure and bankruptcy of a Japanese TV distributor.
  • Served as counsel for Sonatrach, the Energy Ministry of Algeria, in a breach-of-contract action to recover $44 million in contract fees relating to a hydrochemical plant constructed in Algeria.
  • Represented a major studio and its broadcast network in a $100 million breach of contract dispute with its largest affiliate group.
  • Successfully defended a media group at the trial court and on appeal in a lawsuit filed by a former executive who asserted claims of fraud, legal malpractice, and constructive discharge in violation of public policy.
  • Defended Electronic Arts against claims by Activision for alleged interference with contract and related tort claims.
  • Represented Screen Media Ventures in litigation with Universal Studios Home Entertainment concerning former distribution relationship.
  • Represented Hachette Book Group in a breach of contract action brought by William Paul Young, author of the best-selling book “The Shack.”
  • Defended Showtime pay television service in dispute alleging tortious interference with a boxing promoter agreement.
  • Defended Showtime pay television service in a contract dispute relating to a license fee audit of motion picture studio.
  • Represented founder and franchisor of Improv comedy club in franchise and licensing disputes.
  • Represented the attorney sued by DC Comics in connection with his work on behalf of heirs and estate of the authors of Superman.
  • Represented Paramount Pictures Corporation and DW Studios Production in a personal injury action related to an accident during the filming of “Transformers 3.”
  • Represented a restaurant franchisor in breach of contract and business tort disputes with franchisees.
  • Won a favorable award for an online toy retailer in a multimillion-dollar breach of contract dispute concerning a fulfillment services agreement.
  • Defeated claims of improper termination of agreement, misrepresentation, promissory fraud, and theft of intellectual property brought against an aircraft manufacturer in a multimillion-dollar dispute arising out of an exclusive purchase agreement with a key supplier.
  • Obtained summary judgment on behalf of a major talent agency in an action asserting tort and contract claims related to a highly successful television series.
  • Represented a major studio and its broadcast network in a $100 million breach of contract dispute with its largest affiliate group.

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 a leading publishing company in a class action claiming violations of the Telephone Consumer Protection Act.
  • Defended BET in a putative class action alleging copyright violations involving synchronization rights.
  • Defended a 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 with respect to the video game “Rock Band.”
  • Successfully defended Citibank before the LA Superior Court, the California Court of Appeal, the California Supreme Court, and the U.S. Supreme Court in a consumer class action challenging credit-card late fees. Prevailed on the basis that state consumer laws were preempted by the National Bank Act when the argument eventually came before the U.S. Supreme Court.
  • Currently representing Paramount Pictures in a putative class action related to the treatment of home video revenues on films produced prior to 1981 for purposes of reporting and payment to profit participants. The case is one of several brought against all of the major movie studios.
  • Represented a class of plaintiffs in a substantial securities and ERISA class action against a major electronics firm.
  • Represented opt-out plaintiffs from the Tyco International, Inc. securities class action.
  • Represented a class of plaintiffs in a substantial securities and ERISA class action against a major electronics firm.
  • Represented opt-out plaintiffs from the Tyco International, Inc. securities class action.
  • Successfully defended Citibank before the U.S. and California Supreme Courts and lower courts against a consumer class action challenging credit-card late fees.
  • Represented Morgan Stanley in the trial of a class action alleging improper payment of “greenmail” to a corporate raider.
  • Represented brokerage firm in putative class action alleging misrepresentations and market manipulation in the sale of auction-rate securities.

Video Gaming

  • Defended Electronic Arts in an action alleging misappropriation of boxers’ likenesses for use in “Fight Night” video game.
  • Achieved dismissal of Racketeer Influenced and Corrupt Organization (RICO) Act, antitrust, and commercial bribery claims brought against a videogame developer and publisher by a global sports entertainment company. The plaintiff claimed damages in excess of $100 million in an action arising out of the alleged bribery of licensing agents and award of a video-game license to a joint venture.
  • Litigated on behalf of Activision Publishing against a video-game developer related to the development of a phenomenally popular World War II-based video game. The case included breach of contract and fraud claims by both parties, all of which were settled before trial.
  • 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 with respect to the video game “Rock Band.”
  • Retained by video-game manufacturers and developers to handle litigation over the rights to use likenesses and images.
  • Represented the band No Doubt in its suit against Activision Publishing, Inc. over the use of its likeness in a video game.
  • Represented Electronic Arts in copyright action related to “The Sims” video game franchise and in trademark infringement actions related to “EA SPORTS Active” and “Mirror’s Edge” video games

Advertising

  • Argued successfully against constitutional law scholar Laurence Tribe in a case that preserved the authority of cities to support mass transit infrastructure through agreements for the display of advertising.
  • Successfully defended at trial and on appeal several of the largest national media companies in litigation with cities over fees and restrictions related to outdoor advertising.
  • Defended TV networks and retail stories in consumer false-advertising claims.
  • Represented a major media company in defense of claims arising from text-messaging advertising.

KBK is the firm other lawyers hire for their own litigation needs. Our lawyers have represented and advised local, regional, national, and international law firms accused of professional malpractice or other breaches of professional responsibilities arising from all legal services disciplines, including litigation, entertainment, intellectual property, tax, securities, real estate, financial services, estate planning, and partnership matters. KBK lawyers have obtained summary judgment orders, arbitration awards, and trial verdicts in favor of some of the nation’s largest law firms. Examples of representative matters include:

  • Obtained summary judgment in favor of a national law firm in a legal malpractice action in which the plaintiff alleged that its lawyers had caused the plaintiff to enter into a poor settlement of underlying litigation, which had cost the client millions of dollars.
  • Obtained a binding arbitration award in favor of a national law firm and an award of fees and costs as the prevailing party in a legal malpractice action arising from the negotiation and drafting of transaction documents for the sale of a mortgage origination business to a publicly traded investment bank.
  • Successfully represented an international law firm in three consolidated actions brought by over 600 Names at Lloyd’s. The law firm faced claims arising out of billions in losses the plaintiffs suffered when their Lloyd’s Syndicates were forced to pay huge asbestosis claims. Summary judgment obtained as to approximately 400 of the plaintiffs. Also obtained summary adjudication on all claims which posited an intended beneficiary theory of liability and had motions for summary judgment of the remaining claims pending when the cases settled on very favorable terms.
  • On appeal, won dismissal of a lawsuit under the anti-SLAPP statute on behalf of a law firm facing defamation and trade libel claims filed by a company over statements the law firm made in a press release.
  • Obtained summary judgment for a national law firm in a lawsuit filed by a national franchisor for legal malpractice arising from the law firm’s representation of the franchisor in litigation against franchisees.
  • Successfully defended a regional law firm and its partners against malpractice claims arising from the sale of real estate owned by an LLC. The plaintiffs sought over $25 million in damages. Obtained summary judgment and an award of attorney fees and costs, which were affirmed on appeal.
  • Obtained summary judgment for an international law firm in a legal malpractice action filed by real estate developers arising out of a failed development agreement with the City of Los Angeles involving over $400 million in alleged damages. Summary judgment was affirmed on appeal.
  • Successfully represented an international law firm in a legal malpractice action arising from the firm’s representation of a real estate developer in underlying complex land use proceedings over the proposed development of a large tract of land in Los Angeles County. The plaintiff originally sought $120 million in damages. Obtained summary judgment in favor of the law firm.
  • Obtained a defense victory for a regional law firm in an action regarding legal malpractice brought by over 20 investors in a wind energy partnership. Obtained summary judgment and an award of attorney’s fees for the client.
  • Successfully represented a national law firm sued for malicious prosecution arising from complicated underlying litigation of copyright and trademark infringement claims which were decided against the firm’s client. Prevailed on an anti-SLAPP motion with an award of $315,000 in fees and costs as the prevailing party. At the time, this was the single largest anti-SLAPP fee award in California history among all reported decisions.
  • Successfully represented a national law firm sued for malicious prosecution arising from the dismissal of an action brought by the firm’s client for breach of contract, trade libel, and intentional and negligent interference with economic advantage. Obtained summary judgment for an international law firm sued for legal malpractice arising from the firm’s representation of its client in the sale of a downtown office building.

Nearly half of our attorneys have served in the United States Attorney’s Office or the office of the Federal Public Defender, bringing a wealth of experience to their white collar defense and corporate investigations practices. Throughout their careers, our attorneys have successfully defended clients in SEC investigations and lawsuits, conducted international and national investigations of corporate frauds, and won significant courtroom victories in securities fraud cases. Examples of representative matters include:

Securities, Fraud, and Government Investigations

  • Secured settlements for the former chief executive officer of the nation’s one-time largest mortgage originator in lawsuits filed by the SEC, former shareholders, and investors in mortgage-backed securities who alleged securities fraud and insider trading.
  • Represented an investment bank in connection with an SEC investigation into the structuring of synthetic collateralized debt obligations.
  • Represented a commercial bank in connection with an investigation by the New York Attorney General into the bank’s foreign exchange practices.
  • Defended a broker-dealer against fraud and other charges brought by the Financial Industry Regulatory Authority.
  • Represented a television network in a grand jury investigation relating to the content of broadcasts that allegedly depicted harm to animals.
  • Represented a Fortune 10 company during a U.S. Department of Labor investigation into alleged violations of statutorily mandated health benefits.
  • Defended the manager of a TV news station and supervisory employees of an explosives manufacturing company in two separate Occupational Safety and Health Administration homicide investigations.

Internal Investigations

  • Conducted internal and international investigations into frauds committed by executives employed by domestic and multinational companies, and defended the resulting securities claims brought by shareholders or government entities.

Financial Services and Banking Litigation

  • Successfully defended Citibank before the LA Superior Court, the California Court of Appeal, the California Supreme Court, and the U.S. Supreme Court in a consumer class action challenging credit-card late fees. Prevailed on the basis that state consumer laws were preempted by the National Bank Act when the argument eventually came before the U.S. Supreme Court.
  • Advised and counseled some of the nation’s largest banking institutions in disputes with borrowers and asset-backed insurers relating to unpaid loans and insolvencies. Disputes ranged from domestic litigation between banks and major borrowers arising from underwater real estate loans to international litigation over loan portfolios covering resort properties in the U.S. and throughout the world.
  • Represented two U.S-based international banks against claims of Vietnamese citizens who held deposits in those banks when Saigon fell and the banks’ assets were confiscated by the Communist government.
  • Represented an investment banking firm in litigation and appeal relating to licensing requirements for the sale of a business.
  • Represented a major investment bank in the trial of a class action suit alleging improper payment of “greenmail” to a corporate raider.
  • Served as counsel to the Brunei Investment Authority and related entities in cross-border litigations stemming from Prince Jefri’s management of Amedeo Group.
  • Engaged as counsel for the Bank of China in civil prosecutions in Australia, England, Hong Kong, and California to recover funds stolen during an internal fraud scheme.
  • Represented the Republic of the Philippines in worldwide actions to recover assets, in the aftermath of the overthrow of Ferdinand Marcos, that the Marcos family had secreted in the U.S., France, Switzerland, and Hong Kong.
  • Represented all of the executive vice presidents and senior vice presidents of Indymac Bank during a criminal investigation by the U.S. Attorney for the Central District of California and parallel civil investigation by the U.S. Securities and Exchange Commission (SEC).
  • Represented a former senior officer of Countrywide Bank who was being investigated by the U.S. Attorney for the Central District of California for insider trading.
  • Represented the senior vice presidents of New Century Corporation during investigations by the U.S. Attorney for the Central District of California, bankruptcy trustee, and the SEC.

At KBK, our attorneys are ranked among the top appellate litigators in California. We have appeared before the U.S. Supreme Court and federal and state appellate courts nationwide. Most of our attorneys have served as judicial clerks in the U.S. Supreme Court or the federal appeals courts, including the U.S. Court of Appeals for the Ninth Circuit and the U.S. Court of Appeals for the Second Circuit. Our attorneys also provide a strategic appellate perspective on trial litigation and are often engaged to provide advice about and litigate questions of constitutional law. Examples of representative matters include:

Entertainment, Advertising, and Technology

  • Succeeded on appeal on behalf of the heirs of the creator of the television show, “Hawaii Five-0,” in proceedings involving rights dispute with creator’s former talent agent.
  • Represented Universal Music Group before the California Supreme Court in a landmark case involving the scope of attorney-client privilege.
  • As amicus curiae, successfully represented the League of California Cities and a major outdoor advertising company in obtaining a Ninth Circuit appellate victory holding that a city contract allowing outdoor advertising in connection with mass transit did not invalidate a ban on new off-site signs on private property. Argued the appeal against constitutional law scholar Laurence Tribe.

Voting Rights Initiative and Equal Rights Challenges

  • In a landmark case, serving as co-counsel with Lambda Legal and People for the American Way Foundation, secured rights for Orange County high school students in a gay-straight alliance to be able to meet on the same terms as other student groups. Today, there are 4,000 such groups in the U.S.
  • Represented the NOW Legal Defense and Education Fund as amicus curiae in a successful U.S. Supreme Court challenge to a Texas criminal law that punished same-sex sexual conduct.
  • Won summary judgment and Supreme Court affirmance for the California State Senate in a redistricting challenge.
  • Served as special outside counsel to Los Angeles County in connection with county redistricting following the 2010 census.
  • Advised and represented clients in connection with redistricting and challenges to state and local initiative measures.
  • Represented and advised clients regarding the successful challenge to California’s Proposition 8.

First Amendment and Communications Litigation

  • On appeal, won dismissal of a lawsuit under the anti-SLAPP statute on behalf of a law firm facing defamation and trade libel claims filed by a company over statements the law firm made in a press release.
  • Successfully represented outdoor advertising companies for more than a decade in a variety of major disputes, many of which involve First Amendment issues. Matters have addressed whether government regulations unconstitutionally discriminate based on content, whether fees affecting the industry are unconstitutionally excessive, whether tolling of penalties is constitutionally required when applied to speech activities, the extent to which governments may treat government property differently than private property for purposes of outdoor advertising regulations.
  • Argued successfully against constitutional law scholar Laurence Tribe in a Ninth Circuit appeal that preserved the authority of cities to support mass transit infrastructure through agreements involving advertising.
  • Filed an amicus brief on behalf of Google, Yahoo!, and AltaVista to the U.S. Court of Appeals for the Ninth Circuit in a Fair Use Doctrine case.
  • Represented leading cell phone service provider in an appellate matter regarding private rights of action to enforce compensation provisions of the Federal Communications Act.

Complex Litigation and Criminal Appeals

  • Argued successfully before the California Court of Appeal to uphold the dismissal of tort claims in an appeal arising from a suit alleging that defendants had sold the plaintiff semiconductor processing equipment that was the source of a patent infringement claim against the plaintiff by a third party.
  • Represented leading securities industry trade groups in the filing of an amicus brief in the Fifth Circuit in a case concerning third-party liability for securities violations in civil litigation arising out of the Enron scandal.
  • Represented North County Communications Corp., a leading cell phone service provider, in an appellate matter regarding private rights of action to enforce compensation provisions of the Federal Communications Act.
  • Argued successfully before the U.S. Supreme Court to vacate a 21-month sentence for a KBK client in a pro bono
  • Represented a leading securities industry trade group in the filing of an amicus brief in the Fifth Circuit regarding third-party liability for securities violations in civil litigation arising out of the Enron scandal.
  • Successfully defended a law firm on appeal against a defamation and trade libel lawsuit concerning law firm press release.
  • Represented leading securities industry trade groups in the filing of an amicus brief in the Fifth Circuit in a case concerning third-party liability for securities violations in civil litigation arising out of the Enron scandal.

Environmental Issues

  • Served as the pro bono counsel for the Natural Resources Defense Council (NRDC) and other environmental organizations. Successfully obtained an injunction that blocked the Navy’s planned detonation of explosives near the Channel Islands Marine Sanctuary.
  • Argued before the U.S. Supreme Court on behalf of the NRDC in the Winter v. NRDC case, in which the Navy appealed a lower court’s ruling in favor of the NRDC that had limited the Navy’s use of underwater sonar during training drills because of its harmful effect on whales and other marine mammals.
  • Represented Greenpeace USA in a Ninth Circuit appeal of injunction against protest activity relating to Arctic drilling.