Damages in “Idea Submission” Cases

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Among my clients are writers who developed an idea for a show or movie — anything from an outline or treatment to a full script – presented that idea to a studio or producer, and then afterwards believed the idea was used in a finished product without the author’s permission.  Although California courts have clearly determined such plaintiffs have potential claims, the amount or type of damages they can recover remains unsettled.

These cases rarely present a viable claim of copyright infringement.  A copyright claim should involve significant copying of expression, not merely alleged copying of ideas, themes or plot.  Additionally, few prospective plaintiffs want to proceed with a copyright claim when they hear that, if they lose, a   judgment could be entered against them for the other sides’ attorneys’ fees. read more

National Law Journal Discusses Restful Groups Multi-District Litigation Wins with Jay Spillane

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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

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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

Spillane Trial Group Sponsors Silicon Beach Fest 2013

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In June, Spillane Trial Group was pleased to be among the sponsors of the second annual Silicon Beach Fest, the area’s largest technology startup festival that highlights the rapidly growing tech entertainment sector in Los Angeles. The festival celebrated the collaboration springing up between entertainment technology and Hollywood through panel presentations, parties, demos, startup pitches and events June 19-22 at various locations along the beach in Venice and Santa Monica.

The festival was organized by Digital LA founder Kevin Winston, who was inspired by Austin’s South by Southwest conference. Digital LA is a Los Angeles entertainment and technology organization that hosts weekly networking events. read more

Hollywood Versus Silicon Valley

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For more than 100 years Hollywood has been the world’s epicenter of creative content and home to the film, television and music industries.  The law of copyright – the exclusive legal right of creators and owners of creative works to publish, perform, copy and distribute such works – enabled the ascent of these industries and protected them against theft of their works.  

Hundreds of miles to the north, Silicon Valley has become the world’s epicenter of technology, the densest concentration of technology companies and venture capital in the world.  Silicon Valley spawned a new kind of company, the Internet Service Provider (“ISP”), companies providing consumers with Internet access, caching, web hosting and search services.  read more