Category Archives: Bet-the-Company Litigation
Bet-the-Company Litigation Strategy Secures Client’s Future
Restful Groups’ Trial Strategy: Connect Dry Data With Theme
Jay Spillane Named One of 2015 ‘Best Lawyers in America’
By Staff
Spillane Trial Group PLC announced today that Jay Spillane is listed in the 2015 edition of Best Lawyers in America. Jay was selected by his peers for inclusion in the 21st edition of the publication because of his successful commercial litigation practice, which centers on high-stakes lawsuits.
To select the nation’s best lawyers, the publication conducts peer-review surveys through which thousands of lawyers are evaluated annually. Only lawyers who meet the publication’s stringent requirements make the list. For 2015, 52,488 lawyers representing 137 different practice areas are included.
Best Lawyers is the legal profession’s oldest and most respected peer-review publication. read more
Jay Spillane Delivers Update on Anti-SLAPP Litigation to ProVisors LLP Group
By Staff
Anti-SLAPP litigation, an overview and recent developments, was the topic of a recent lunch seminar Jay Spillane, along with Akin Gump partner Michael Small, delivered to the Los Angeles LLP ProVisors affinity group in early August. Anti-SLAPP suits are authorized by California Code of Civil Procedure Section 425.16 as a defense to a strategic lawsuit against public participation (SLAPP). The anti-SLAPP statute was enacted to counter lawsuits that “chill” the “valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.”
SLAPP and anti-SLAPP motions are maneuvers parties employ in many bet-the-company lawsuits, and the procedures differ from typical civil cases. read more
U.S. Supreme Court’s Petrella Presages Significant Increase in Copyright Lawsuits
Frank Petrella wrote three works, including a 1963 screenplay, about the life of boxer Jake LaMotta. Both Petrella and LaMotta assigned rights to make a motion picture based upon these works. United Artists, a division of MGM, used the rights to make the hit 1980 film “Raging Bull.” Petrella died in 1981.
A twist in the copyright law provides that under certain circumstances a deceased author’s heirs may renew copyright in the author’s work free of any assignments the author made during his lifetime.
Paula Petrella, Frank Patella’s daughter and heir, renewed the copyright in the 1963 screenplay in 1991. Beginning in 1998, Paula Petrella’s counsel wrote MGM to assert that she now owned the rights to the 1963 screenplay, which MGM needed to license from her for any continued exploitation of “Raging Bull.” read more
Ten-Year-Old ‘Perfect 10 v. CCBill’ Decision Withstands Test of Time
June marked the ten-year anniversary of the trial court’s Perfect 10 v. CCBill decision, one of the earliest — and still one of the most important — decisions determining Internet Service Providers (“ISP’s”) liability for the content of third parties on hosted sites. I had the privilege of being part of the team representing CCBill in this bet-the-company case, accomplishing a win that helped establish the Internet as the ubiquitous place it is today.
The Internet has afforded astonishing new channels for lawful commerce as well as unlawful activities. Previously, to engage in widespread libel or infringement one needed access to print media. read more
Spillane Trial Group Saves Pope Francis’ Favorite Film
Fans of ‘Babette’s Feast’ Will Have Continued Access to The Film in Modern Media
The lawsuit to determine Spillane Trial Group client Josi W. Konski’s copyright ownership of Babette’s Feast, winner of the 1988 Academy Award for Best Foreign Language Film, settled during trial this month. As a result, Konski’s rights to resume and expand upon his re-release of the film in Blu-ray and DVD formats were confirmed. Konski agreed to pay royalties to the estate of Gabriel Axel, the late director of the film, pursuant to a modified royalty agreement.
Babette’s Feast received recent attention as Pope Francis’s favorite film. read more
National Law Journal Discusses Restful Groups Multi-District Litigation Wins with Jay Spillane
Fraud and misappropriation charges are always disruptive to a business, resulting in high-stakes litigation that can destroy a company before it even has its day in court. Spillane Trial Group client Restful Group Entities recently faced down such charges in multi-district, cross-country litigation that not only had the client praising the quality of their representation but also attracted the attention of the National Law Journal, which wrote about the litigation as a case study of how to handle such “bet-the-company” cases.
Legal writer Amanda Bronstad asked Jay Spillane, among other queries, to describe the complex proceedings.
“Including the two bankruptcies, there are seven actions that we’re handling,” said Spillane. read more
Spillane Trial Group PLC Restores Peace to Cemetery Client Restful Groups
LOS ANGELES, September 21, 2013 – Spillane Trial Group PLC achieved an unqualified series of victories on behalf of the Restful Group Entities, and managers Barry Seidman and Steven Pearl, in a cross-country series of cases asserted by disgruntled investors. The rulings from three separate forums – a Los Angeles arbitration, Southern California bankruptcy court actions and a Fairfax County, Virginia Circuit Court proceeding – exonerated the company and its principals of all claims of fraud, mismanagement and breach of fiduciary duty. Earlier this year, Spillane Trial Group successfully set aside a writ of attachment where one of the investors had attempted to seize the Restful Entities’ assets prior to trial. read more