CEB book: California Business Litigation. About the Authors

Transcription

1 CEB book: California Business Litigation About the Authors HON. ROBERT B. BROADBELT is a Superior Court Judge in Los Angeles County. Prior to his 2012 appointment to the court by Governor Edmund G. Brown, Jr., he was a partner in Browne Woods George LLP for 24 years, and then of counsel to Leader Counsel LLP, in Los Angeles. Judge Broadbelt earned a B.A. degree in 1981 from the University of California, Berkeley, and a J.D. in 1984 from the University of Southern California Law School. As a practicing attorney he specialized in complex business litigation, including Internet law, unfair competition, trade secrets, noncompete agreements, interference with business relations, defamation, and First Amendment and other constitutional issues. He also represented the California State Senate and individual State Senators in redistricting, voting rights, and other litigation. ALLAN BROWNE is a senior partner with the firm Browne Woods & George LLP in Los Angeles. Mr. Browne earned a B.A. degree in 1960 from the University of California, Los Angeles, and an LL.B. in 1963 from the University of Southern California, where he was a member of the Board of Editors and Editor in Chief of the Southern California Law Review. He was the founder and first President of the Association of Business Trial Lawyers. He is a past member of the Board of Trustees of the Los Angeles County Bar Association and a past member of the Board of Governors of the Beverly Hills Bar Association. He has also served as a Judge Pro Tem of the Beverly Hills Municipal Court and as an arbitrator for the Los Angeles County Superior Court. Mr. Browne was the planner, editor, and contributing author of Competitive Business Practices (2d ed Cal CEB 1991), the predecessor of California Business Litigation. His practice specialties are complex business litigation, unfair competitive business practices, insurance bad faith, and legal malpractice. He has written extensively on a wide range of litigation and business law topics. GREGORY L. DOLL is an associate with the firm Browne Woods & George LLP in Los Angeles. Mr. Doll earned a B.A. degree in 1993 from the University of California, Los Angeles, where he graduated summa cum laude, and a J.D. in 1997 from the University of Southern California, where he was Editor of the Southern California Law Review and graduated Order of the Coif. During law school, Mr. Doll served as a judicial extern for the Hon. Robert M. Takasugi in the United States District Court for the Central District of California. He has litigated numerous cases involving intellectual property, unfair competition, tort, contract, environmental, entertainment, civil liberties, and constitutional issues. DONNA L. DUTCHER is an associate with the firm Browne Woods & George LLP in Los Angeles. Ms. Dutcher earned a B.S. degree in 1993 from Pittsburg State University, where she graduated summa cum laude, and a J.D. in 1999 from Harvard Law School, where she

2 was an Editor, Deputy Editor in Chief, and Editor in Chief of the Harvard Negotiation Law Review. N. KEMBA EXTAVOUR is an associate with the firm Browne Woods & George LLP in Los Angeles. Ms. Extavour earned a B.A. degree from Stanford University in 1993 and a J.D. in 1996 from the University of California, Berkeley, School of Law. Her specialty is business litigation. MILES J. FELDMAN is a partner with the firm Browne Woods & George LLP in Los Angeles. Mr. Feldman earned a B.A. degree in Rhetoric (with honors and distinction) from the University of California, Berkeley in 1989, and a J.D. in 1994 from the University of California, Berkeley, School of Law, where he was a member of the Moot Court Board and an Editor of the Berkeley Technology Law Journal. Mr. Feldman also served as a judicial extern for the Hon. D. Lowell Jensen in the United States District Court for the Northern District of California. He dedicates his practice to litigating business, entertainment, and intellectual property disputes. Mr. Feldman frequently lectures and contributes to legal journals and books on copyrights, rights of publicity, trade secrets, non-disclosure agreements, unfair competition, California s Talent Agency Act, and the litigation of entertainment industry transactions. He was a co-author of Competitive Business Practices (2d ed Cal CEB 1991), the predecessor of California Business Litigation. ROBERT D. FISH, principal and founding partner of Fish & Associates PC, Irvine, specializes in patent prosecution, intellectual property litigation, trademark filings, and patent enforcement, including licensing and arbitration. Mr. Fish received his B.A. in 1974 from the University of Pennsylvania and his J.D., cum laude, in 1990 from the California Western School of Law. He oversees numerous active patent and trademark matters, including extensive foreign filings. He has litigated in state and federal courts throughout the United States, has overseen cases in several European countries, and has successfully appealed before the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, and the Federal Circuit Court of Appeals. He is a member of the American Bar Association, the State Bar of California, the Federal Circuit Bar Association, the Association of Business Trial Lawyers, the Orange County Bar Association, and the Orange County Technology Alliance. Mr. Fish is the author of several books, including Cost Effective Patenting (2004), Strategic Patenting (2007), White Space Patenting (2011), and Green Fields Patenting (2011). ERIC M. GEORGE is a partner with the firm Browne Woods & George LLP in Los Angeles. Mr. George earned an A.B. degree with honors in 1990 from Georgetown University and a J.D. with honors in 1993 from Georgetown University Law Center. He served as a law clerk for the Hon. D. Lowell Jensen in the United States District Court for the Northern District of California and as Deputy Legal Affairs Secretary to California Governor Pete Wilson. From , Mr. George also served as Counsel to the United States Senate Judiciary Committee. SYLVIA P. LARDIERE is a partner with the firm Browne Woods & George LLP in Los Angeles. Ms. Lardiere earned a B.A. degree in 1979 from the University of California, Berkeley, where she graduated summa cum laude, and a J.D. in 1982 from the University of Pennsylvania. She specializes in business and employment related litigation.

3 MELODIE K. LARSEN is a partner with the firm Burke, Williams & Sorensen, LLP in Los Angeles. Ms. Larsen earned a B.A. degree in 1978 from California State University at Los Angeles and a J.D. in 1983 from the University of California, Berkeley, School of Law, where she was an Associate Editor of the Industrial Relations Law Journal. She also served as a judicial extern for the Hon. Stephen Reinhardt of the Ninth Circuit Court of Appeals. She has been an update author of Competitive Business Practices (2d ed Cal CEB 1991), the predecessor of California Business Litigation. Ms. Larsen is a member of the Association of Business Trial Lawyers, Women in Cable and Communications, and Women Lawyers of Los Angeles. She has a broad litigation and employment practice, and has litigated disputes involving wrongful discharge, discrimination, sexual harassment, wage and hour, copyright, trademark, idea submission, unfair competition, cable television, and other general business disputes. Ms. Larsen was one of the attorneys successfully representing Quality King Distributors, Inc. in the action leading to the Supreme Court decision entitled Quality King Distribs., Inc. v L Anza Research Int l, Inc. (1998) 523 US 135, 118 S Ct 1125, which clarified the application of the copyright first sale doctrine to products sold for export. SONIA Y. LEE is a partner with the firm Browne Woods & George LLP in Los Angeles. Ms. Lee earned a B.A. degree in 1992 from the University of California, Berkeley, and a J.D. in 1997 from Loyola Marymount University, where she was a member of the St. Thomas More Law Honor Society and Articles Editor of the Loyola Law Review. Her specialty is civil litigation. MICHAEL J. OLECKI is a partner with the firm Browne Woods & George LLP in Los Angeles. Mr. Olecki earned a B.A. degree in 1981 from Haverford College and a J.D. in 1986 from the University of Virginia, where he was Notes Editor for the University of Virginia Law Review and graduated Order of the Coif. He served as a law clerk for the Hon. Edward N. Cahn in the United States District Court for the Eastern District of Pennsylvania. Mr. Olecki is a member of the Association of Business Trial Lawyers and an arbitrator listed with the Los Angeles Superior Court Arbitration Panel. He is a co-author of Competitive Business Practices (2d ed Cal CEB 1991), the predecessor of California Business Litigation. He has lectured on the use of mock juries in preparing for trial; the California summary judgment statute; preparing witnesses for videotaped depositions; insurer recoupment of monetary contributions from additional policy sources; and on an insurer s obligation to defend all causes of action brought against the insured. He has a highly successful litigation practice, with experience in a wide range of areas, including trademark and trade secret disputes. LAURENCE H. PRETTY is a partner with the firm Hogan & Hartson in Los Angeles. He earned a B.S. degree in Engineering with honors in 1958 from London University and a J.D. with honors in 1968 from George Washington University, where he graduated Order of the Coif. Following graduation, he was a law clerk for the U.S. Court of Customs and Patent Appeals. He has served as Chair of the Intellectual Property Law Section of the State Bar of California and as a Council member of the Intellectual Property Law Section of the American Bar Association. Mr. Pretty was also a member of the Board of Directors of the American Intellectual Property Law Association and has served as President of both the Los Angeles Intellectual Property Law Association and the Association of Business Trial Lawyers. He is an Adjunct Lecturer in patent and trademark law at the University of

4 California, Los Angeles, School of Law. Mr. Pretty has written extensively for a variety of publications about patent litigation issues. He is the editor and co-author of the book Patent Litigation, published by the Practising Law Institute, and for over 10 years, served as Chair of the Practising Law Institute s program on Patent Litigation. He is registered to practice before the U.S. Patent and Trademark Office. MARCY RAILSBACK is a partner with the firm Browne Woods & George LLP in Los Angeles. Ms. Railsback earned a B.A. degree with high honors in 1974 from San Diego State University, where she was a member of the Phi Kappa Phi Honor Society, and a J.D. in 1978 from the University of California, Hastings College of the Law, where she was a member of the Thurston Society, Associate Research Editor of the Hastings Law Journal, and graduated Order of the Coif. Ms. Railsback is a member of the Association of Business Trial Lawyers, and was a co-author of Competitive Business Practices (2d ed Cal CEB 1991), the predecessor of California Business Litigation. She primarily practices in the areas of business and real estate litigation, unfair competition, and defamation. WILLIAM T. RINTALA is a partner with the firm Rintala, Smoot, Jaenicke & Rees in Los Angeles. Mr. Rintala earned a B.A. degree in 1961 from Stanford University and a J.D. in 1967 from the University of California, Berkeley, School of Law, where he was Executive Director of the California Law Review and graduated Order of the Coif. Following law school, he was law clerk for the Hon. Murray Draper, First Appellate District, Division 3 of the California Court of Appeal. Mr. Rintala has served as a member of the Board of Directors and as Chair of the Amicus Brief Committee of the Beverly Hills Bar Association. He is also a member of the Association of Business Trial Lawyers. He is presently a member of the Board of Directors of the Legal Aid Foundation of Los Angeles, and formerly served as a member of the Board of Directors of Public Counsel. Mr. Rintala was a co-author of Competitive Business Practices (2d ed Cal CEB 1991), the predecessor of California Business Litigation. He also authored chapters in the second and third editions of California Civil Appellate Practice (3d ed Cal CEB 1996). He has lectured on copyright issues for both CEB and the Practising Law Institute. He has handled copyright, trademark, and unfair competition cases for Warner Bros., Twentieth Century-Fox Film Corporation, CBS, William Morris Agency, and Host Marriott Corporation and was co-counsel for the heirs of Margaret Mitchell in a successful suit to establish ownership of the motion picture sequel rights to Gone With The Wind. He has also litigated a wide range of business disputes, including trade secrets, franchise issues, Uniform Commercial Code, wrongful termination, breach of contract, and talent agency disputes. PETER W. ROSS is a partner with the firm Browne Woods & George LLP in Los Angeles. Mr. Ross earned a B.A. degree in 1980 from Carleton College, where he graduated magna cum laude and Phi Beta Kappa, and a J.D. in 1983 from Stanford Law School. He was a co-author of Competitive Business Practices (2d ed Cal CEB 1991), the predecessor of California Business Litigation, and has lectured on a variety of subjects involving competitive business practices at programs presented by CEB, CJER, and others. Mr. Ross regularly litigates in both state and federal court. His practice covers the spectrum of business litigation, ranging from theft of trade secrets, unfair business practices, intellectual property problems, partnership disputes, advertising and First Amendment issues, professional malpractice and employment issues to environmental problems.

5 NICK J. G. SANCHEZ is an associate with the firm Browne Woods & George in Los Angeles. Mr. Sanchez earned his B.A. in 1995 from Yale University, where he played quarterback for the Bulldogs varsity football team. He obtained his J.D. in 2000 from the University of Southern California, where he co-founded Project Pears, a nonprofit organization providing college preparatory training for economically disadvantaged highschool students. During law school, Mr. Sanchez also served as a law clerk in the California Governor s Office, Legal Affairs Unit. His areas of specialty are civil litigation, government, and legislative practice. BENJAMIN D. SCHEIBE is a founding member and partner of the firm Browne Woods & George LLP in Los Angeles. Mr. Scheibe was awarded a B.A. degree in 1978 from the University of California, Berkeley, where he was a member of Psi Chi, the National Honor Society in Psychology, and a J.D. in 1981 from the University of California, Los Angeles, School of Law, where he graduated Order of the Coif and was a member of the UCLA Law Review. He has served as both the Chair and Vice-Chair of the American Bar Association s Committee on Intellectual Property, Tort and Insurance Practice Section. He is also an active participant in the Association of Business Trial Lawyers and the California State Bar s Committee on Trade Secrets. Mr. Scheibe was a co-author of Competitive Business Practices (2d ed Cal CEB 1991), the predecessor of California Business Litigation. He has written extensively on various business litigation-related issues, including trade secrets, insurance coverage for business disputes, and the First Amendment. He is a business litigator and trial attorney who concentrates his practice in the areas of business disputes, trade secret misappropriation, unfair competition, intellectual property rights, elections law, and First Amendment issues. JOHN A. STURGEON is a partner with the firm White & Case in Los Angeles. Mr. Sturgeon earned an A.B. degree with honors in 1957 from Stanford University and a J.D. in 1962 from Stanford Law School. Mr. Sturgeon was a co-founder of the 1000-member Association of Business Trial Lawyers and has served on its Board of Governors. He is a Fellow of the American College of Trial Lawyers and a Fellow of the American Bar Association. He is also a member of the Los Angeles County Superior Court Arbitration Panel. In 1995, he was selected as one of the 100 most prominent Los Angeles business lawyers by the Los Angeles Business Journal. Mr. Sturgeon was a co-author of Competitive Business Practices (2d ed Cal CEB 1991), the predecessor of California Business Litigation. He has represented several banks, including Bank of America, Northern Trust Bank, and Wells Fargo Bank, in major lender liability cases and in cases involving general banking issues. His practice also includes trade secret and unfair competition cases, defense of securities class actions, real property disputes, trust and probate litigation, business torts, and disputes among partners and shareholders. Active in public issues, Mr. Sturgeon represented 70 California cities challenging the constitutionality of the Legislature s allocation of property tax revenue. He also represented the California Republican Party in reapportionment litigation before the California Supreme Court. He has handled over 40 appellate proceedings before the California Court of Appeals, the Ninth Circuit Court of Appeals, and the California Supreme Court.

6 About the 2015 Update Authors IRA G. BIBBERO is an associate with the firm Browne George Ross LLP in Los Angeles. Mr. Bibbero earned a B.S. and an M.S. in computer engineering from Case Western Reserve University and a J.D. from the University of California, Los Angeles, School of Law. He served as an appellate court attorney for Justice Norman Epstein of the California Court of Appeal. Mr. Bibbero is experienced in business litigation, Indian law, and appellate practice. He is update author of chapter 3. ROBERT D. FISH is the update author of chapter 8; see his biography in the About the Authors section of this book. JONATHAN L. GOTTFRIED is a partner with the firm Browne George Ross LLP in Los Angeles. Mr. Gottfried earned a B.A. from Yale University and a J.D. from Harvard University. He served as law clerk to the Honorable Myron Thompson of the U.S. District Court for the Middle District of Alabama and to the Honorable Sonia Sotomayor of the U.S. Court of Appeals for the Second Circuit. He works on trial and appellate matters involving a wide range of business disputes, with a focus on intellectual property. Mr. Gottfried has handled pro bono matters referred by the Electronic Frontier Foundation and Human Rights First. He is update author of chapter 6. BENJAMIN D. SCHEIBE is a partner with the firm Browne George Ross LLP in Los Angeles and is the update author of chapters 1, 2, 4, and 10 and update co-author of chapter 6; see his biography in the About the Authors section of this book. KEITH J. WESLEY is a partner with the firm Browne George Ross LLP in Los Angeles. Mr. Wesley received a B.A. magna cum laude from Ohio Wesleyan University and a J.D. from George Washington University Law School. He served as an extern for the Hon. Patricia Hemann, United States District Court, Northern District of Ohio, and as a law clerk for the Hon. Ferdinand F. Fernandez, United States Court of Appeals for the Ninth Circuit. His practice encompasses all facets of business litigation, and he has particular expertise in the areas of trademark, trade dress, copyright, trade secrets, false advertising, and unfair competition. He is update author of chapter 10.