Ten-Year-Old ‘Perfect 10 v. CCBill’ Decision Withstands Test of Time

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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

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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

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