Firm News
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Russ August & Kabat Attorneys Secured a Complete Vindication for Absolute Software in a 7-year Patent Case Russ August & Kabat attorneys Irene Lee and Marc Fenster secured a complete vindication for a software company that pioneered the field of tracking and monitoring mobile devices. The Federal Circuit not only affirmed the summary judgment on non-infringement in favor of Absolute Software, but also reversed the summary judgment on non-infringement of Absolute Software's patents against Stealth Signal. See Article. See Opinion. |
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Russ August & Kabat Partner Larry C. Russ' American Rag Branches Out with Industrie Denim Stores Russ August & Kabat attorney and founding partner, Larry C. Russ, is involved in both representing apparel companies in copyright and trademark infringement matters and representing clients in the fashion industry. In addition, he is personally involved in the apparel world. Mr. Russ is one of the owners of American Rag, an LA-based, fashion-forward chain of retail stores. He and his partners at American Rag recently signed a deal with Levi Strauss to open specialty denim stores called "Industrie Denim". Levi Strauss is a principal and investor in the company. This month, Industrie Denim opened its first stores in San Francisco and Scottsdale. For more information, See Press Release and Article. |
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Russ August & Kabat Attorneys Recognized as 2011 Rising Stars Russ August & Kabat is proud of Alexander C.D. Giza, Andrew D. Weiss, Irene Y. Lee, Michael S. Brophy, Nathan D. Meyer and Robert F. Gookin who have been recognized as 2011 Southern California Rising Stars by the publishers of Los Angeles Magazine. See Article. |
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Russ August & Kabat Wins $11.6 Million Jury Verdict In Patent Case Russ August & Kabat attorneys Marc A. Fenster, Jules L. Kabat, Alexander C.D. Giza, Adam S. Hoffman, Benjamin T. Wang, Michael S. Brophy, and Stanley H. Thompson, Jr. won a unanimous jury verdict of $11.6 million in favor of their client, Clear With Computers, LLC ("CWC"), on June 17, 2011. CWC sued Hyundai Motor America, Inc. in the Eastern District of Texas for infringement of U.S. Patent No. 7,606,739, which relates to customized sales proposals. After a week-long trial, the jury found infringement of all asserted claims of the patent, and rejected Hyundai's defenses of invalidity by anticipation, obviousness and inadequate written description. In addition, the jury awarded CWC more damages than the $10 million CWC requested in its closing arguments, awarding $11.6 million in damages through trial. Hyundai was represented by Gene C. Schaerr, Peter McCabe III, and John Moss of the international law firm of Winston & Strawn LLP, and Douglas R. McSwane, Jr. of Potter Minton P.C. See Article. |
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Russ August & Kabat Attorneys Larry Russ and Nathan Meyer Publish Article in California Lawyer Magazine Russ August & Kabat lawyers Larry C. Russ and Nathan D. Meyer co-authored an article, "Protectable Plaids," which was published in the June 2011 issue of California Lawyer Magazine. A ruling last year in a battle between two apparel rivals offers guidance for future copyright claimants. In Express LLC v. Forever 21, Inc. (2010 WL 3489308 (C.D. Cal.)), a Los Angeles federal judge rejected a manufacturer's copyright claims based on the use of purportedly protectable plaid designs on shorts. See Article. |
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Russ August & Kabat Wins Back-to-Back Summary Judgment Rulings and Motion
for Clarification In Texas Patent Case Russ August & Kabat attorneys Benjamin T. Wang, Marc Fenster, Alex Giza, Adam Hoffman, Michael Brophy and Stanley Thompson won back-to-back summary judgment rulings and a motion for clarification on behalf of client, Clear With Computers, LLC. Judge Leonard Davis of the Eastern District of Texas granted the motions. The Court agreed that defendant Hyundai Motor America, Inc. could not avoid liability for infringement of the patent-in-suit, which relates to customized sales proposals, under the theory of divided infringement. The Court held that "CWC presented overwhelming evidence" in support of its motion. In addition, the Court simultaneously denied Hyundai's own cross-motion for summary judgment of non-infringement based on Hyundai's theory of divided infringement. See Order. |
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United States Supreme Court Unanimously Affirms i4i v. Microsoft, Siding With Amici Represented By Russ August & Kabat Russ August & Kabat attorneys Alexander C.D. Giza, Marc A. Fenster, Larry C. Russ, Jules L. Kabat, and Benjamin T. Wang represented six former U.S. PTO Commissioners and Directors with the filing of an amicus brief in the i4i v. Microsoft case. Amici argued that the Supreme Court should uphold the clear and convincing standard of proof for patent invalidity. On June 9, 2011, the Supreme Court unanimously agreed, upholding the standard even in instances where the U.S. PTO had not considered certain prior art. See Opinion. |
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Russ August & Kabat Closes $200+ Million Dollar Real Estate Deal Russ August & Kabat lawyers Richard L. August, Deborah R. Clark and Matthew A. Rips closed a $200+ million dollar acquisition of a mixed-use high rise apartment and retail complex in Bethesda, Maryland, which included more than 400 apartments as well as Whole Foods, LA Fitness and other major retailers. The project included not only the acquisition of the real estate, but also the formation of an equity joint venture and the restructuring an assumption of existing debt financing. |
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Russ August & Kabat Files Amicus Brief in United States Supreme Court on Behalf of Six Former U.S. Patent and Trademark Office Commissioners and Directors in the i4i v. Microsoft Case Russ August & Kabat attorneys Alexander C.D. Giza, Marc A. Fenster, Larry C. Russ, Jules L. Kabat, and Benjamin T. Wang represented six former U.S. PTO Commissioners and Directors with the filing of an amicus brief in the i4i v. Microsoft case, a patent case currently pending before the U.S. Supreme Court. The case involves the proper legal standard of proof required to invalidate a U.S. patent. See Brief. |
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August & Kabat Attorneys Recognized as 2011 Southern California
Super Lawyers Russ August & Kabat is proud of Larry Russ, Richard August, Jules Kabat, David Gabor and Marc Fenster, all of who have been recognized as 2011 Southern California Super Lawyers by the publishers of Los Angeles Magazine. See Article. |
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Russ August & Kabat Files Amicus Brief in United States Court of Appeals for the Federal Circuit on Behalf of Five Former U.S. District and Trial Court Judges in the TiVo v. EchoStar Case Rehearing En Banc Russ August & Kabat attorneys Alexander C.D. Giza, Marc A. Fenster, Larry C. Russ, and Jules L. Kabat represented five former federal trial court judges with the filing of an amicus brief in the TiVo v. EchoStar case, a patent case currently pending before the Federal Circuit en banc. The case involves the appropriate discretion exercised by trial court judges in patent contempt proceedings. See Brief. |
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August & Kabat Victory In Forever 21 Fashion Case Russ August & Kabat lawyers Larry C. Russ and Nathan D. Meyer prevailed in a year-long copyright and trade dress case, obtaining summary judgment rejecting claims of copyright infringement and trade dress infringement against Forever 21. The case involved alleged copying of five garments. This is the first case against Forever 21 regarding alleged copying of garments to proceed to final judgment. See Opinion. |
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August & Kabat Closes $81.5 Million Dollar Real Estate Deal Russ August & Kabat lawyers Richard L. August, Deborah R. Clark and Matthew A. Rips represented a client in connection with a joint venture acquisition of an $81.5 million apartment complex in Ventura County. See Article. |
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August & Kabat Partners Larry C. Russ and Michael S. Brophy Published
in the Los Angeles Daily Journal Russ August & Kabat is proud of Larry C. Russ and Michael S. Brophy who authored the article, "Arbitration: Beware of the Unintended Risks", published in the Los Angeles Daily Journal. When an arbitrator makes a mistake, even clear errors of law, there is little that can be done to fix the decision. See Article. |
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August & Kabat Attorneys Recognized as 2010 Rising Stars Russ August & Kabat is proud of Michael S. Brophy, Irene Y. Lee, Nathan D. Meyer and Andrew D. Weiss who have been recognized as 2010 Southern California Rising Stars by the publishers of Los Angeles Magazine. See Article. |
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August & Kabat Court of Appeal Victory Russ August & Kabat lawyers Jules L. Kabat and Michael S. Brophy won an appeal to the California Court of Appeal, obtaining an opinion strongly affirming their $14 million plus Los Angeles Superior Court judgment for the firm's client. The case involved fraud, breach of fiduciary duty and breach of contract regarding a development project in Malibu. See Opinion. |
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August & Kabat Attorneys Recognized as 2010 Southern California
Super Lawyers Russ August & Kabat is proud of Larry Russ, Richard August, Jules Kabat, David Gabor and Marc Fenster, who have been recognized as 2010 Southern California Super Lawyers by the publishers of Los Angeles Magazine. See Article. |
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Jules
L. Kabat of Russ August & Kabat Featured in Daily
Journal's Special Supplement: Top Plaintiff Verdicts of 2009 Russ August & Kabat is proud of Jules L. Kabat, who was featured in the Daily Journal's Special Supplement Section: Top Plaintiff Verdicts of 2009. Jules was recognized for obtaining one of the "Top 5 Arbitration Awards" for his work on Oxford Street Properties LLC's case, in which he prevailed in a year and a half long arbitration on his clients' claims of fraud, economic duress, rescission, breach of fiduciary duty and other claims, obtaining $29.1 million, including $10 million in punitive damages. See Article.
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August & Kabat Founding Partner Larry C. Russ Spoke on Fashion Industry
Panel at USC Russ August & Kabat attorney
and founding partner Larry C. Russ was
invited to speak on a panel for USC's Captains of the Fashion Industry
Lecture Series titled, How
to Set Up and Start an Apparel Fashion Company.
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August & Kabat Defeats Attempt to Reopen the Estate of Marlon Brando Russ August & Kabat attorneys Michael
S. Brophy and Robert Gookin successfuly represented Avra Douglas,
Larry Dressler and Mike Medavoy, the discharged co-executors
of the (closed) Estate of Marlon Brando, in a State of California
Court of Appeal. The unanimous Court of Appeal affirmed the
probate court's dismissal of plaintiff Deborah Brando's (nee
Presley) petition seeking to probate an earlier version of
Marlon Brando's will and to reverse all of the probate orders
relating to the closed Estate of Marlon Brando.
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August & Kabat Attorneys Recognized as 2009 Rising Stars Our
attorneys, Marc A. Fenster, Irene Y. Lee, and Michael
S. Brophy are recognized as 2009 Southern California Rising Stars by
the publishers of Los Angeles Magazine. |
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August & Kabat Adds Trust and Estate Litigation Expertise with Addition
of Partner Michael Brophy Russ August & Kabat is pleased to announce that Michael S. Brophy has joined the firm as a partner in the firm's litigation and intellectual property departments. Mr. Brophy's practice focuses on probate litigation, copyright, trademark, trade secret, patent, entertainment and employment matter. See Article. |
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August & Kabat Prevails on Behalf of Oxford Street Properties, LLC,
to the tune of $30 Million Russ August & Kabat attorneys Jules Kabat prevailed in a year and a half long arbitration trial on his clients' claims of fraud, economic duress, rescission, breach of fiduciary duty and other claims, obtaining $30 million, including $10 million in punitive damages. See Press Release. |
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August & Kabat Attorneys Recognized as 2009 Super Lawyers Our attorneys, Larry Russ, Jules Kabat, and David Gabor, are recognized as 2009 Super Lawyers by the publishers of Los Angeles Magazine. See Article. |  |
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August & Kabat Prevails on Behalf of South Beverly Park Homeowners RAK lawyers Steven Goldberg, David Gabor, Nathan Meyer, and Robert Satterthwaite successfully represented South Beverly Park homeowners in a case that restored the rights of the South's guests and invitees to travel freely through the gates of the adjacent and exclusive North Beverly Park. See LA Times Article, LA Business Journal Article. |
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August & Kabat Attorney Robert E. Satterthwaite Makes the Front
Page of the Los Angeles Daily Journal RAK lawyer Robert Satterthwaite is the focus of a Daily Journal article discussing the trend of younger attorneys leaving large firms for small firms, motivated by immediate trial experience and a better work-life balance. Within a year and a half of Mr. Sattherwaite leaving the 200-attorney Munger, Tolles & Olson for the 20-attorney Russ August & Kabat, he successfully took on a complex business case, in which the judge awarded his client $13 million dollars in compensatory damages. See Article.
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August & Kabat Represents South Beverly Park Homeowners RAK lawyers Steven Goldberg, David Gabor, Nathan Meyer, and Robert Satterthwaite represent South Beverly Park homeowners over restricted access to a road that residents of the16-home South Beverly Park community had been freely using for two decades. See Article. |
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Legend Tracy Austin Accuses Broker of Racket RAK lawyer Steven Goldberg represents Tracy Austin and her husband, Scott Holt, in a lawsuit alleging that their former investment broker fraudulently inflated his commissions and churned their account to generate unnecessary fees. See Article. |
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Russ August & Kabat Represents Blue Microphones Russ August & Kabat lawyers, led by Larry Russ and David Gabor, represented Blue Microphones, a leading provider of high-end microphones for the consumer and professional audio markets, in its acquisition by Transom Capital Group, a new and dynamic private equity firm. In strategically guiding Blue into this transaction, Russ August & Kabat helped the company's management strategically position itself for sale and choose a dynamic partner in order to best position Blue to maximize its future growth and expansion into new and existing markets. See article, LA Times Article. |
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Russ August & Kabat attorneys recognized as 2008 Los Angeles Super Lawyers Our attorneys are regarded as Super Lawyers by the publishers of Los Angeles Magazine. See Article. |
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Russ August & Kabat Represents Pinkberry In October, a team of Russ August & Kabat la wyers, led by Irene Lee, Marc Fenster and David Gabor resolved a matter involving a number of complex and novel issues for firm client Pinkberry. The resolution of the dispute allowed Pinkberry aggressively to move forward with its capitalization plan. In that regard, the Firm also provided advice to the company to secure a new investment of approximately $30 million to allow the company to grow from its present base in California and New York, into nation-wide operation. See Article.
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Russ August & Kabat prevails on behalf of Giant Mobile against Larry Flynt Publications RAK lawyers Larry Russ and Judy Meadow successfully represented Giant Mobile in a lawsuit alleging that the owner of Hustler Magazine, Larry Flynt Productions, wrongfully terminated the company as its exclusive distributor of adult content for mobile telephones. See Article. |
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Russ August & Kabat Attorney Recognized As A 2007 Los Angeles Rising Star Irene Lee was recognized as a Rising Star by the publishers of Los Angeles Magazine. See Article. |
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Russ August & Kabat Fends Off Suitors As reported by the Los Angeles Daily Journal, if the California law community were a pick-up scene, Russ August & Kabat would be the most eligible at the bar. "There are not that many midsize firms out there. They've all been acquired by the big firms," said Larry Russ, a founding partner of the West Los Angeles firm. "We get hit on all the time, but we will not even consider it." At the same time, Russ said, being a strong player in the competitive legal world means the firm must draw on its strengths in order to attract top talent and keep its client roster strong. See Article.
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