Contracts can Limit Ability to Use Otherwise Freely Available Facts or Ideas

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Here in Tinsel Town, I regularly read about lawsuits where the plaintiff claims that his or her screenplay was revealed to someone who turned it into a hit film or show without consent or payment.  Just as regularly, I read that the case ended in judgment for the defense, as the judge granted a motion finding insufficient similarity between the plaintiff’s writing and the film or show.

These rulings are often grounded in a distinction in the law that copyright only protects original expressions but not ideas.  In other words, one cannot copyright the general idea of a mild-mannered person who doubles as a superhero with prodigious powers, but copyright law will protect the writings and images in “Superman” comics and stories.  read more

New Arena for Entertainment Litigators: Elder Competency

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Many attorneys in Los Angeles identify as “entertainment lawyers” or “entertainment litigators.” “Entertainment,” however, is not a body of law unto itself like, say, patents.  Rather, entertainment lawyers market experience with the customs and practice of the industry and the numerous legal issues the industry faces, such as copyright, trademark, contracts and right of publicity.  For those of us who try entertainment cases, being an entertainment litigator means comfort with multiple courthouses, as these issues can arise under federal, state or even bankruptcy law.

I recently had the experience of handling an entertainment case in a specialized world not usually experienced by business litigators, probate.  read more

Cosby Deposition Battle Demonstrates Power of Pretrial Tool

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The California Court of Appeal recently issued an order temporarily staying the pretrial depositions of Bill Cosby and his former attorney, Martin (“Marty”) Singer, in a defamation action filed by former supermodel Janice Dickinson.  The action arises from statements by Singer in which Singer called Dickinson’s account of being raped by Cosby in 1982 a “lie.”  https://deadline.com/2015/11/bill-cosby-marty-singer-depositions-paused-janice-dickinson-1201621842/

Dickinson never pressed charges or sued over the 1982 incident.  Dickinson claims that when she wrote an autobiography, the publisher would not permit her to include the rape story.  Finally, when a number of women went public with their charges against Cosby, Dickinson stated that Cosby drugged and raped her in a November 18, 2014 interview.  read more

Employment Trials: T.J. Simers wins $7m verdict for Age Discrimination Case

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California’s courtrooms are likely to be filled with employment cases for the foreseeable future. California has a significant and growing body of laws governing the field of employment. These include detailed regulations concerning wages and hours, which have been the grist for numerous class action lawsuits. There are also serious state laws forbidding discrimination against employees based upon factors including race, gender, age and medical condition.

The latter were at issue in the recent trial of claims by longtime Los Angeles Times sports writer T.J. Simers that he was effectively fired from the Times due to age and medical condition. Simers resigned from the paper in September 2013, allegedly under pressure from the Times due to his age and medical condition, a recent mild stroke. read more

The Trial Lawyer as Generalist

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I belong to a business development network where members can post needs broadcasted on blast emails. A request for a litigation attorney often asks for a lawyer who specializes in the type of case in question – a “defamation lawyer” or a “policy holder litigator.”

At larger firms it is common for lawyers to cultivate specialization, so that the firm as a whole can market depth of knowledge in any given subject. Specialization certainly promotes clear marketing.

I, however, have avoided undue specialization, and have tried to follow in the steps of old school trial lawyers, available to appear in any matter contested in court. read more