Category Archives: Bet-the-Company Litigation

A SIMPLE VIEW OF MUSIC COPYRIGHT INFRINGEMENT

The legal news wires are “rocking” with headlines in music copyright infringement cases.  The Ninth Circuit, sitting en banc, found for Led Zeppelin in the “Stairway to Heaven” litigation and euthanized the “inverse ratio rule.”  In a connected world of nearly universal access to copyrighted works, a plaintiff must show real plagiarism, not merely plausible similarities.  

Soon thereafter Judge Snyder threw out the jury’s verdict that Katy Perry’s “Dark Horse” copied a bass ostinato from Christian rapper Flame’s “Joyful Noise.”  

For copyright lawyers this news creates the sort of excitement that NFL fans experience over a tie in the last two minutes of the Super Bowl.  read more

SPILLANE WINS NINTH CIRCUIT AFFIRMANCE OF SECURITIES FRAUD JUDGMENT

On May 15, 2019 the Ninth Circuit Court of Appeals affirmed a Bankruptcy Appellate Panel decision affirming a Judgment obtained by Spillane Law Group for California Farms Investors, LLC for securities fraud.

Jay Spillane tried the underlying action, California Farms Investors, LLC v. James Roberts, in the United States Bankruptcy Court for the Central District of California.  The defendant promoted an organic lettuce venture through false and misleading statements and without disclosing that the venture was not growing its own lettuce.  California Farms Investors invested $825,000 in the form of secured notes.  The venture purchased lettuce from vendors with rights under the Perishable Agricultural Commodities Act (“PACA”), including the right to hold insiders of entities purchasing agricultural product personally liable for the purchases.  read more

THE LOST ART OF BUSINESS JURY TRIALS: WINNOW EVIDENCE AND PRE-TRY KEY THEMES

Trying cases is a lost art in the business world.  Supposedly 95% of business cases settle prior to trial.  That may be so, because I consider 95% of my business law colleagues to be litigators, not trial lawyers: those who exclusively use pleadings, discovery and motions to posture a case for settlement and who have little to no trial experience. 

If a reasonable settlement can be achieved, I advise my clients to take it.  Trying cases is expensive and uncertain.  But if you’re not eager and able to try the case if necessary, how are you going to get the best settlements?  read more

Mini-Opening Statements

“Mini-opening statements,” or short opening statements to potential jurors before jury selection (“voir dire”), are a little understood but critical aspect of trial practice.

Parties are often required to submit joint materials before the pretrial conference including a short statement of the case.  See LASC LR 3.25(f)(1).  As a stipulated document, though, it will be sanitized to the point of revealing little about the case other than identification of the parties and claims.  On the day of jury selection, a “panel” or “venire” (“to come,” from the jury summons) of thirty to forty potential jurors will enter the courtroom and sit in the gallery.  read more

Jury De-Selection

Trial attorneys have at most four opportunities to speak to a jury: 1) a brief opening statement prior to jury selection (state only and on request); 2) jury selection, or “voir dire” (“to see one say”); 3) opening statement; and 4) closing argument.  The first two are before the jury is selected, and only in the second, jury selection, is one permitted to ask potential jurors questions and hear their answers.  This golden opportunity should not be squandered through ill preparation.

In federal civil practice the judge retains tight control over voir dire and need not allow attorneys to ask questions.  read more

Spillane and Co-Counsel Win 11-1 Defense Verdict in $14 Million Elder Abuse Case

Jay Spillane, representing Intervenor Plaintiff Tommie Howard, together with Robert Levinson and Helen Kim Colindres, representing Defendant Meighan Howard, won a defense verdict on an 11-1 vote after a five-week elder abuse jury trial.

Dr. John Howard, represented by Keller Anderle, sued Meighan Howard, his daughter, claiming that a 2012 amended estate plan, which disinherited Meighan Howard’s brother and made valuable irrevocable gifts to Meighan, was procured through elder abuse, breach of fiduciary duty and constructive fraud.  Dr. Howard pointed to evidence that Meighan Howard primarily communicated with estate counsel, exerted a high degree of management over her parents’ affairs and was the beneficiary of highly valuable gifts.  read more

Spillane Wins $3 Million Arbitration Award for Investment Bankers

Spillane Law Group represented Claimants Kenneth Kilroy, Ross Kilroy and M&A Securities Group, Inc. in an arbitration against Respondent Adrienne Smith Worley, JAMS No. 1210033774, concerning an unpaid $3 million investment banking fee from the purchase and sale of Ms. Smith Worley’s shares in Young’s Market.  On August 28, 2018 the Arbitrator rendered a Final Award in favor of Spillane’s clients for the full sum requested.

Ms. Smith Worley was the heir, through her mother Janet Smith, of significant shares in Young’s Market, a venerable closely held company currently focused on distribution of spirits.  Upon her mother’s passing there was an appraisal of Ms. read more

You Just Lost The Trial, or Did You? Motions During and After Trial Can Reverse a Bad Result

I have tried numerous business cases with a fine record of success.  Trials are, however, an uncertain process, and if one tries enough cases, the most skilled trial lawyer will eventually lose a jury verdict.

When a trial lawyer hears an adverse verdict in court, should s/he walk away, shoulders slumped, counting for vindication on the power of an appellate brief due many months hence?  No.  A trial lawyer’s efforts to reverse an adverse jury verdict begins while the jury is still standing in the jury box.

The first question one must ask, seconds after hearing an adverse verdict, is whether the verdict is ambiguous or contradictory.  read more

Rights of Publicity Often Collide with First Amendment

In law school we all learned about the “four privacy rights” in first year torts class: (1) intrusion into plaintiff’s private affairs; (2) public disclosure of embarrassing private facts; (3) publicity that places plaintiff in a false light; and (4) appropriation of the plaintiff’s name or likeness.

The reason that these are called rights of “privacy” is that they all serve the value of being left alone in a society where technology multiplies the risk of intrusion into our solitude and dignity.

The fourth right, appropriation of name or likeness, alone among the four privacy rights has taken on a twin character.  read more

Spillane Trial Group Wins Retrial in Royalty Action for Estate of Late Sly Stone Manager

Spillane Trial Group won a July 25, 2016 Court of Appeal opinion in favor of the estate of the late Ken Roberts, former manager for Sly Stone.  The appellate court ordered retrial of Roberts’ breach of contract action against BMI for paying royalties assigned to Roberts to the wrong party.  https://www.courts.ca.gov/opinions/nonpub/B263923.PDF

Ken Roberts organized tours for Sly and the Family Stone from 1970 to 1973.  Roberts advanced considerable money to Sly.  Sly asked Roberts to return as his manager in 1976.  To repay Roberts for the money advanced, Sly executed a 1976 assignment of his performance royalties, administered by BMI, to Roberts.  read more