Case Review

A fresh view can make all the difference.

$5 Million Judgment reduced by over 70%.

We are often asked to step into a case after judgment, or after a final decisional step has been completed to obtain a result more in line with the client’s initial hopes or expectations. We have extensive appellate experience, in California and Massachusetts state Courts, as well as federal courts within in the 1st, 2nd, and 9th Circuits, including the Bankruptcy Appellate Panel, representing appellants and appellees.

Through our review practice, we are able to build on the good work of prior counsel while achieving new results. Often a distinctive perspective, a fresh view, can make all the difference in working to an innovative and favorable outcome. Applying strategic and creative thinking, leading to on-the-mark advice, often colored by the value of hindsight, allows for fresh and welcome results.

Representative Cases

Child Abduction

Mom, Dad, and Daughter lived in the US. After they divorced in 2017, Dad moved to Bulgaria and Mom and Daughter to Toronto. Thereafter, Dad flew to Canada and absconded to Bulgaria with Daughter. Mom filed an action in Canada, where the Court required Daughter be returned to Mom immediately. Dad then brought an action post hac in the US Court that granted the divorce to approve his taking Daughter to Bulgaria, which it did, claiming continuing jurisdiction. We were then retained to file a Petition for Writ of Mandate to divest that US Court of, and confirm the Canadian Court’s, jurisdiction. The Appellate unanimously granted our Writ and Canadan jurisdiction.

Charities Acquisition of a Plane

A charity that served the Central American Community purchased a plane without prior written Board approval, or an expert opinion of the need and propriety of the same. The IRS was made aware of and was preparing to commence an investigation into the purchase. We were brought in as counsel to review and rectify any governance missteps or omissions. We recognized the vulnerabilities of the charity’s actions, interviewed the Board, and memorialized its express, but unwritten, intent, commissioned a focused review of the transportation needs of the charity from a previously used expert, which supported the charity’s decision to purchase the plane. After presenting the broker with the expert report, we were also able to obtain a return of the portion of the purchase price. No IRS action was thereafter taken.

Settlement After Judgment

In an entertainment law case, actors sued a production company, obtaining a several million dollars judgment for the unauthorized distribution of a film for which they had not provided appropriate releases. We were substituted in as counsel for defendants after the judgment was overturned by the 9th Circuit and successfully negotiated a settlement that released our clients from all liability and allowed them to retain all sums earned from the marketing and sale of the video.

$5 Million Judgment reduced by over 70%:

In an entertainment law case, actors sued the same production company, obtaining a judgment of approximately $5,000,000 arising from the unauthorized distribution of a film for which they had not provided appropriate releases. Again substituted in as counsel for defendants, We successfully negotiated a settlement after entry of judgment requiring payment of only a fraction of the judgment amount.

$2.3 Million Lease Liability Reduced to Zero

We represented lessees, an entertainment company and its primary investor, in a dispute after it vacated their premises immediately after executing their lease. The lessor sought recovery of the $2,300,000 due under the lease. We successfully negotiated a resolution in which the lessor released the lessees from all liability under their lease.

Settlement After Judgment Entered

In an entertainment law case, a personality sued a production company that used her intellectual property (“IP”) in a production without permission. We were substituted in as the production company’s counsel after a seven-figure judgment was entered against it and negotiated a settlement in which the production company altered its use of the IP, paid no damages and retained all sums earned from the video.

$4.25 Million Judgment reduced to $1 Million

We represented the defendant, an entertainment company, in the renegotiation of a $4,250,000 judgment entered in a patent infringement claim. Plaintiff agreed to accept a $1,000,000 settlement, paid over-time, contigent on defendant receiving proceeds from a pending case, which it never did.