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White O'Connor
trial lawyers have a well-established record of trial court victories from
both sides of the counsel table, representing both defendants and plaintiffs
in high-stakes business, commercial and entertainment lawsuits. Our wealth
of experience, as both defending and prosecuting attorneys, gives White
O'Connor a unique advantage in formulating creative courtroom strategies.
The breadth
of our practice, and the depth of our talent, is reflected in the following
examples of our most recent trial victories - from the defensive side
of the courtroom:
- Mike O'Connor and Allison Brehm have obtained numerous temporary restraining orders and
injunctions prohibiting stalking, harassment and violence, on behalf of
individuals who have been at the center of media attention -- including
radio personalities and high-ranking executives of motion picture
studios and television networks.
- After removing a multi-million-dollar
consumer class action against a leading national brokerage firm from
state court to federal court, Andy White and Edward Weiman
in October 2006 won dismissal of the action, with prejudice, and denial
of plaintiff's motion to remand to state court, based on a unique
application of the Securities Litigation Uniform Standards Act.
- Defeating novel theories of copyright
infringement, Andy White, David Fink, and Allison Brehm in August 2006
won a motion to dismiss all claims against two major television
production companies based on their creation and production of a popular
primetime television series.
- In June 2006, Andy White and Allison
Brehm obtained summary judgment, in New York state
court, against claims for fraud, breach of contract and unjust
enrichment based on an alleged finder's fee agreement for the financing
of a motion picture.
- In December 2005, on behalf of a
major motion picture studio, Mike O'Connor, Ed Weiman, and Allison
Brehm secured summary judgment on an idea submission claim
relating to one of the most successful comedies released in 2005.
- Michael O'Connor, Lee Brenner,
Keri Campbell and Dana Clausen won a trial in December 2005 against a
radio personality who asserted claims for age discrimination and breach
of contract against his employer, a major radio network.
- Defending a major motion picture
studio, Andy White, David Fink, Edward Weiman and Allison Brehm in
April 2005 won the dismissal, with prejudice, of copyright and
accounting claims brought against the studio in connection with a
landmark motion picture.
- In April 2005, Keri
Campbell won a trial against a wrongful termination claim brought by a
former top executive of a national radio network.
- On the eve of a jury trial in
March 2005, Keri Campbell won a summary judgment on behalf a real estate
developer, protecting the developer against an action to set aside the
purchase of a commercial property.
- Defending two major film
production studios and an Oscar-nominated director and screenwriter,
Andy White, Lee Brenner and Allison Brehm won the dismissal in July
2004 of all state law claims arising from an idea submission and, in
February 2005, ultimately secured the dismissal with prejudice of the
only remaining claim for copyright infringement.
- After securing federal court orders
dismissing all of a plaintiff's federal copyright claims and most of her
state law claims based on the creation of a successful cable TV series,
Andy White and Lee Brenner secured an extremely favorable settlement in
January 2005, on the eve of a further motion to dismiss plaintiff's
surviving claims.
- In October 2003, Mike O'Connor and
Keri Campbell won a federal court trial defending an independent
production company against claims of fraud and breach of contract in
connection with the production and distribution of two motion pictures.
- In October 2002, Andy White, David
Fink, and Mary Kate Woods won summary judgment for a national television
network against "reverse confusion" trademark infringement claims over
merchandising related to one of television's most popular programs.
- Andy White and David Fink won summary
judgment for a national television network in April 2001, against
trademark infringement claims over a popular television soundtrack.
- In August 2000, we opposed a
request for a preliminary injunction to stop our client's release of the
season's hottest soundtrack CD; our team of Andy White, Mike O'Connor,
David Fink, and Lee Brenner defeated that request, in federal court in
Chicago, less than 48 hours after we were retained.
- Winning a three-week jury trial in May
1999, Mike O'Connor and Lee Brenner secured a defense verdict against a
music video production company claiming tortious interference with
contract; that jury verdict was unanimously affirmed on appeal in
September 2000.
- On behalf of a major motion
picture studio and a television network, Andy White secured a summary
judgment in October 1999 against a writer who claimed motion picture
rights to a hit television series from the 1960's.
- Defending one of America's
largest telecommunications companies, David Fink won a 1998 dismissal of
a multi-million dollar class action brought by all users of a national
long distance service.
- Andy White and Mike O'Connor won
a 1998 trial for a national television network, securing a directed
verdict against privacy and defamation claims arising from a nationally
broadcast TV news program.
- During jury selection in a
1998 defamation trial in Oklahoma, Andy White secured a very favorable
settlement for a TV production company against claims attacking a
broadcast news report.
While the
majority of our practice is devoted to defending our clients against
serious business lawsuits, White O'Connor has achieved equally spectacular
success from the plaintiff's side of the counsel table. Our outstanding
trial skills are confirmed by a number of multi-million dollar trial
verdicts and judgments on behalf of numerous business and entertainment
clients, including the following examples:
- In March 2005, Andy White and David Fink won a multi-million dollar settlement on
behalf of a national TV network, in a breach of contract lawsuit against
one of Hollywood's most prolific distributors of TV properties, based on
the distribution of a highly successful TV series.
- In July 2003, Michael O'Connor and Edward Weiman secured a ruling from the Court of
Appeals for the Ninth Circuit, on behalf of a major motion picture
studio, which confirmed a $2.7 million judgment against an insurance
carrier for the carrier's failure to defend its insureds in a lawsuit
for intentional interference with prospective economic advantage,
intentional interference with contract, and slander of title.
- In July 2003, Mike O'Connor and
Keri Campbell won a $1.6 million judgment in an arbitration between two
co-producers regarding the production, distribution and financing of two
motion pictures.
- Representing a major motion picture
studio, Michael O'Connor and Edward Weiman secured summary judgment in
January 2003 on a multi-million dollar claim for bad faith denial of
insurance coverage arising from an underlying claim of copyright
infringement.
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Representing Japan's oldest manufacturer of motor vehicles, Andy White,
in April 2000, won jury verdicts of falsity and actual malice - the first
jury verdicts ever recorded against Consumer Reports - in a highly publicized
defamation and product disparagement trial.
- Andy
White won jury verdicts in September
1999 totaling $8 million - including findings of "malice, oppression
and fraud" - against billionaire John Kluge and his Metromedia International
Group for fraud and breach of contract arising from Metromedia's 1997
sale of Orion Pictures to MGM; those jury verdicts prompted a highly
advantageous settlement on the eve of the punitive damages trial.
- Andy
White and David Fink won the largest jury verdict ever
recorded in a malicious prosecution action - $33.6 million - the third
largest jury verdict in California in 1995.
- In another
record-setting result, on behalf of a national hotel company Mike O'Connor
won a $23 million jury verdict for insurance bad faith claims against
Harbor Insurance Co.
- Andy
White won a 1995 jury verdict for $8.1 million against American Film
Technology, Inc., and its Board of Directors, on contract and business
tort claims asserted by the company's former CEO.
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WHITE O'CONNOR FINK & BRENNER LLP
10100 Santa Monica Blvd., Twenty-Third Floor
Los Angeles, CA 90067
310.712.6100 Telephone
310.712.6199 Facsimile |
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