Represented InnovateMR, LLC, a global online sampling technology firm, in its significant growth investment from CIVC Partners, a Chicago-based private equity firm. The investment will provide Innovate with additional capital and resources to support its growth. Read more about the deal here.
Represented Green Hasson & Janks, an LA-based accounting, tax and advisory firm, in its acquisition of Orlando, Mitts, Moore & Company, a San Jose-based accounting firm. Read more about the deal here.
Represented Criminal Productions, LLC, one of the top narrative audio storytelling studios, founded by former public radio journalists Phoebe Judge and Lauren Spohrer, in its sale to Vox Media. Criminal has launched three successful podcast franchises that garner millions of downloads a month, highlighted by its breakout narrative series Criminal, one of the first and biggest true crime podcasts, and followed by the hopeful series This Is Love and the daily program Phoebe Reads a Mystery. Read about the deal here.
Represented Pixelogic in its investment in MetaMedia, an entertainment technology company, to accelerate its global expansion. Read about the deal here.
Represented leading podcaster Roman Mars in his sale of 99% Invisible to SiriusXM. Read about the deal here.
Acted as counsel to one of the largest general unsecured trade creditors and member of the Official Committee of Unsecured Creditors in the chapter 11 bankruptcy cases of Chrysler LLC and certain of its affiliates in the United States Bankruptcy Court for the Southern District of New York; successfully obtained payment in full for the client through negotiations with purchaser of the debtors’ business operations.*
Acted as counsel to over 29 related entities comprising one of the largest independent power generation companies in the world, both as debtors out of court and as debtors in a chapter 11 bankruptcy case, and successfully restructured over $11 billion in debt in seven months.*
Acted as counsel to Japan Airlines (JAL) in the Aloha Airlines chapter 11 bankruptcy pending in Hawaii. JAL had service agreements with Aloha Airlines that were put at risk due to Aloha’s bankruptcy filing. The practice structured a successful result for JAL that allowed its contracts to remain fully intact with assignees whom JAL approved.*
Acted as counsel to American Racing, Inc., in its $24 million acquisition of the assets of Weld Wheels, Inc., a manufacturer and distributor of premium aftermarket automobile, light truck, racing, and sport wheels to both domestic and international customers. Negotiated stalking horse bidder protections and purchase agreement, and advised client throughout sale process taking place through auction of assets in US Bankruptcy Court, Western District of Kansas. Successfully consummated client’s purchase as successful bidder.*
Acted as counsel to State of California Ex Rel. Department of Water Resources and handled all bankruptcy aspects regarding State of California in the chapter 11 bankruptcy case of California Power Exchange, the operator of several types of markets for wholesale electricity who matched suppliers and purchasers of electricity.*
Acted as counsel to Missoula Area Economic Development Corporation (MAEDC) in representing its interests in the bankruptcy case of Smurfit-Stone Container Corporation and its affiliates, with particular emphasis on Smurfit’s abrupt closure in early January 2010 of its paper mill in Missoula County, Montana.*
Acted as counsel to a national bank in the chapter 11 bankruptcy case of the largest grower and seller of palm trees in the country. Successfully negotiated the $78 million loan facility secured by farmland in Arizona and California.*
Acted as counsel to a fund that holds a credit linked note of several hundred million dollars issued as part of an integrated transaction with various US and foreign Lehman Brothers entities, as a creditor in the Lehman Brothers US and international insolvency proceedings.*
Acted as counsel to committees of creditors in extremely adversarial chapter 11 bankruptcy cases of the owner and operator of Gas Company Tower Building, a 52-story premier office building in downtown Los Angeles. As a result of the committee’s request for participation in mediation, settlement was reached and a plan of reorganization was confirmed that paid unsecured creditors in full plus 7% interest , while restructuring more than US$400 million in debt.*
Acted as counsel to the committee of creditors of Bell Brand Snack Foods, Inc. , a snack food manufacturer and distributor. Negotiated a consensual plan of reorganization that provided for immediate 90 percent payout to general unsecured creditors before any payments on secured or unsecured debts owed to affiliates.*
Acted as counsel to the committee of creditors of Babaeian Transportation Co., Inc., dba Checker Cab Company, dba Burbank Taxi, dba Pasadena Taxi, dba San Fernando Checker, possessing a fleet of taxi cabs in California’s San Fernando Valley. Caused appointment of a chapter 11 trustee to preserve the estate’s assets for sale; actively participated with the trustee who ultimately sold the assets and made distributions to unsecured creditors.*
Acted as counsel to the committee of unsecured creditors of Taxi Systems, Inc. in Southern California. General unsecured creditors included more than 400 personal injury claimants in addition to numerous trade creditors. Extensive negotiations resulted in a confirmed plan of reorganization providing for 100 percent payout on trade claims, with election offered to personal injury claimants either to continue to litigate their claims or to receive 100 percent of cash settlement amounts over time, such payments collateralized by assets of the debtor, the debtor’s parent and certain of the debtor’s principals.*
Acted as counsel to the Official Committee of Unsecured Creditors in the chapter 11 bankruptcy cases of Pacific Energy Resources Ltd., and certain of its affiliates, which engage in the acquisition, exploitation and development of oil and gas properties, primarily in the US.*
Acted as counsel to the Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case for Quantum Fuel Systems Technologies Worldwide, Inc., dba Quantum Technologies .*
Acted as counsel to the Santa Barbara Star Motors, Inc., dba Gregg Motors as debtor-in-possession. Sold all assets, including multiple franchises, in controlled liquidation for the benefit of creditors.*
Acted as counsel to the Hollywood Roosevelt Hotel landmark hotel in Hollywood, California, in connection with its restructuring through Chapter 11 bankruptcy.*
Acted as counsel to one of the country’s largest home builders as debtor-in-possession. Confirmed plan of reorganization restructuring over US$300 million in liabilities, including US$55 million in unsecured claims.*
Acted as counsel to Solutia Inc. and its affiliates in their chapter 11 cases involving more than US$3 billion of funded debt and other obligations and complex liability issues, including environmental, mass tort, retiree, pension and indemnification issues.*
Acted as counsel to Relativity Fashion LLC and related entities, a set of high-profile producers, directors, and writers, in negotiating business transactions and protecting their claims.*
Acted as counsel to AOG Entertainment, Inc. and Core Media Group, a set of high-profile producers, directors, and writers, in negotiating business transactions and protecting their claims.*
Represented CineVizion in its sale to Platinum Equity, as part of Platinum’s larger acquisition of Deluxe Entertainment’s distribution business. The transaction reunites CineVizion’s founders Cyril Drabinsky and Warren Stein, the former long-time CEO and COO of Deluxe, back in those roles. Read about the deal here.
Represented Datassential, the leading provider of data, intelligence and market research to the food service industry, in its significant growth investment from Spectrum Equity, a leading growth equity firm investing in the information economy. The investment represents the first institutional capital into Datassential and positions the company to continue its rapid growth while supporting the expansion of its client services team, staff of analysts and experts, sales and marketing capabilities and new product innovation. Read about the deal here.
Represented the majority owner of a 100,000+ sq. ft. shopping center that had multiple owners. Despite a contentious battle with the other owners and the lender, we were able to successfully resolve the disputes resulting in a confirmed Chapter 11 plan of reorganization.
Represented AVP Pro Beach Volleyball, based in Southern California, in its bankruptcy and eventual sale to a new owner, which breathed new life into what is today viewed as the premier pro beach volleyball tournament.
Represented Reference Clothing Company in its Chapter 11 proceedings, which included maximizing profitability in under-market leases and other lease issues for its 60 retail locations. We eventually guided the apparel company in its sale through a successful auction to the Forever 21 chain.
Represented East Coast Bagel Co. in its bankruptcy and reorganization. The process included bringing in strategic investment advisors, marketing assets, finding the optimal buyer, and guiding the company through an auction process that maximized return to creditors and maintained the multi-location chain’s brand.
Represented owners of a Radisson hotel (200+ keys) in greater Los Angeles as debtor and debtor in possession. Our attorneys guided the owners through a successful Chapter 11 process, which included an asset sale and contentious claims in a companion case.
Represented office, industrial, retail, and multi-family commercial landlords in their lease disputes involving claims for breach of lease, tenant defaults, guaranty litigation, and other disputes.
Represented real estate agents, brokers, mortgage companies, and brokerage firms in connection with purchase and sale agreements, non-disclosure litigation and breach of fiduciary duty claims.
Represented clients in construction defect litigation, involving both residential and commercial properties.
Represented retail landlords nationwide to enforce their lease rights in asset sales and reorganizations during Chapter 11 bankruptcies. National multi-location retail tenants have included Kmart, Payless Shoes, Sports Authority, Toys R Us, Hometown Buffet, Hollywood Video, Linens ‘n Things, Mervyns, Bally’s Hotels and Casinos, Circuit City, Anchor Blue, KB Toys, RadioShack, Fresh & Easy, and Mattress Firm.
Represented home purchasers in a dispute over fraudulent representations and concealment during the sales process. Negotiated a favorable resolution involving re-purchase of the home by the sellers.
Represented an actuarial company in a dispute involving trade secrets, accounting, and restrictive covenants on competition.
Represented a major coffee retail chain in a trademark, trade secret, and unfair competition suit brought by a store designer.
Represented a Fortune 500 land development company in prosecuting an extortion and defamation lawsuit against parties who launched a highly orchestrated Internet attack on the company.
Represented a petroleum company in individual actions resulting from an oil spill.
Represented a utility company in disputes with municipalities over public work fees.
Represented a utility company in a putative class action involving electric metering. Obtained the dismissal of class allegations.
Represented a utility company against claims brought by a power provider for enforcement of PURPA and for damages under various 42 U.S.C. § 1983 theories. Negotiated a voluntary dismissal of most claims and prevailed on summary judgment on the remaining claims.
Represented utility company in action by owner of wind generation facilities seeking $30 million for alleged breach of interconnection agreements. Obtained a favorable settlement following successful motions and agency decision.
Lead trial counsel for a major energy company in dispute with one of the world’s largest oil companies. The oil company sought $32 million plus punitive damages based on alleged lost profits and equipment damages from electrical interruptions to a California refinery. After a four-week trial in federal court (Central District of California), the jury returned a straight defense verdict in our favor on all claims. This case was profiled in Law360.
Represented an online provider of conference call services in trademark enforcement and prosecution matters.
Represented and counseled various websites operators about appropriate procedures for triggering DMCA safe harbor protection.
Represented a technology company in a design patent, copyright, and trade secret dispute concerning 3D glasses.
Represented new media company in action over alleged misappropriation of name and likeness of celebrity doctor for website content and marketing campaign. Negotiated voluntary dismissal of claims.
Represented advertising agency in contract and copyright dispute over alleged use of images beyond the scope of the license with photographer. Negotiated favorable settlement.
Represented advertising agency in contract and intellectual property dispute involving alleged misappropriation of a fictional character for use in an advertising campaign. Negotiated favorable resolution after filing Motion to Dismiss.
Lead trial counsel for a marketing and promotions company in a two-week arbitration proceeding against world’s largest automaker. Obtained an arbitration award for money damages and credit for creative work product based on breaches of contract.
Represented high-profile executive of an entertainment company in a dispute over separation and continuing rights in intellectual property.
Represented individual entertainers, athletes, models, and other celebrities in matters involving tabloid stories, personal service contracts, endorsements, and manager/agent claims.
Represented a production company in an AFMA arbitration against a foreign distribution company over minimum guarantee payments. Negotiated a favorable resolution.
Represented a television studio against participation claims brought by heirs of the creators of a popular soap opera. Negotiated a favorable resolution.
Represented New Line Cinema against accounting and breach of contract claims by writer-director-producer Peter Jackson. Plaintiff also asserted so-called “vertical integration” claims related to distribution licenses involving affiliated companies.
Represent a trust controlling literary rights to science fiction works in copyright and participation accounting disputes against a production company.
Represented a production company in an action brought by a professional athlete concerning a reality television show. The asserted claims included right of privacy, right of publicity, trademark infringement and dilution, and false advertising. Secured a prompt resolution.
Represented a production company in a privacy dispute concerning content of a reality television program. Prevailed on an anti-SLAPP motion and obtained attorneys’ fees award.
Represented production companies and studios in a host of disputes involving copyright and state law implied contract claims for alleged theft of ideas. Prevailed in summary judgment and negotiated early resolutions.
Represented a motion picture studio in a copyright and trademark dispute over animated character rights. Prevailed on a dispositive motion and obtained a $2 million attorney fee award.
Represented television studio and series creator in copyright action. Obtained complete dismissal of action through motion, and secured six-figure award of attorneys’ fees against plaintiff.
