July 2009
Russ August & Kabat Attorneys Marc A. Fenster, Irene Y. Lee and Michael S. Brophy Named 2009 Southern California Rising Stars
Rising Stars are the top 2.5% percent of attorneys in each state, under 40 years old and/or who have been practicing for 10 years or less, as chosen by their peers and through an independent research. Law & Politics performs the polling, research and selection of Rising Stars in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Rising Stars is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Russ August & Kabat is proud of its 2009 Southern California Rising Stars: Marc A. Fenster, Irene Y. Lee and Michael S. Brophy.
Marc A. Fenster’s practice focuses on intellectual property and litigation, with an emphasis on high-technology patent litigation. Mr. Fenster is head of RAK’s Intellectual Property Department. He handles complex commercial cases involving patents, trademarks, copyrights, securities, licensing, class-actions and contracts. In addition, Mr. Fenster advises clients regarding various intellectual property and licensing issues in a non-litigation context, particularly start-up high-tech clients seeking to protect and exploit their intellectual property assets.
Irene Y. Lee’s practice focuses on intellectual property matters, with an emphasis on patent and trademark enforcement and licensing. As a registered patent attorney licensed to practice before the U.S. Patent and Trademark Office, she brings her patent prosecution experience to strategizing litigation matters and licensing issues. Through patent, trademark and Internet-related litigation, she has enforced intellectual property rights of some of the world’s largest medical device, computer software and apparel companies, as well as small to medium-sized businesses and individuals. She provides preventative counseling through rendering opinions and reviewing potential investments concerning intellectual property. She is fluent in Korean.
Michael S. Brophy’s practice focuses on probate litigation, intellectual property, entertainment, and employment matters. He has extensive experience in trust and estate litigation, copyright, Lanham Act, trade secret, patent, unfair competition, contract, and wrongful termination matters. In addition to litigation matters, his experience includes risk assessment and counseling, alternative dispute resolution, and administrative proceedings. Mr. Brophy has successfully represented a wide range of clients from multinational Fortune 500 companies to small production companies. He has also represented large institutional fiduciaries and individual trustees.
MAY 05, 2009
RUSS 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 graduated from Harvard Law School in 1998 and was previously a litigation partner at Winston & Strawn LLP. Mr. Brophy’s practice focuses on probate litigation, copyright, trademark, trade secret, patent, entertainment and employment matters.
Mr. Brophy’s probate litigation experience adds depth to the firm’s trust and estate litigation practice. Mr. Brophy’s clients include large institutional fiduciaries, professional trustees handling high profile trusts, and individual trustees, executors and beneficiaries. Mr. Brophy recently obtained a decisive verdict in favor of his client, a trustee, in a trial involving claims of breach of fiduciary duty.
Russ August and Kabat’s trust and estate litigators combine litigation and trial expertise with an understanding of California trust and probate law and procedures. The firm handles a variety of trust and estate controversies, including will and trust contests, accounting disputes, rejected creditor’s claims, interpretation disputes, and breach of fiduciary duty claims. In addition, the firm handles all aspects of civil litigation, including discovery, motion practice, alternative dispute resolution, contested probate hearings, trials and appeals.
APRIL 10, 2009
FOR IMMEDIATE RELEASE
RUSS, AUGUST & KABAT WINS ARBITRATION AWARD OF APPROXIMATELY $30,000,000.00, INCLUDING $10,000,000.00 PUNITIVE DAMAGES, FOR ITS CLIENTS AGAINST ENTITIES RELATED TO LANCE J. ROBBINS.
Finally ending almost a year and a half of a very contentious arbitration before JAMS arbitrator Richard Chernick, Oxford Street Properties, LLC, Prudential Construction and Management, Inc. and Frank Gamwell, represented by their lawyer Jules L. Kabat of Russ, August & Kabat, obtained an award of approximately $30,000,000.00, including $10,000,000.00 punitive damages, against Rehabilitation Associates, LLC and Fedora Investment Corp., two entities related to Lance J. Robbins.
Oxford proceeded against Rehabilitation and Fedora for fraud, economic duress, rescission and breach of fiduciary duty and other claims, arising from their and Robbins’ conduct regarding the Main Mercantile Building historic renovation project in downtown Los Angeles’ thriving Gallery Row.
The arbitration trial proceeded in two phases over many weeks in October and November of 2008 and March of 2009, and resulted in findings by the arbitrator including that by, “clear and convincing evidence [Oxford] established that the conduct of Rehab, Fedora and Robbins, their agent, was oppressive, fraudulent and malicious as to Oxford and Gamwell in scheming to acquire the property by financial oppression and a course of malicious dealings intended to so weaken Oxford and Gamwell that they were unable to protect their interest in the property.” All told, the arbitrator awarded approximately $30,000,000.00, including $10,000,000.00 punitive damages.
When reached for comment, Gamwell said, “I’m excited about the award, and about the fact that I had the chance to tell my story and the legal system not only listened, it worked. It’s justice at last.” Gamwell added, “I cannot say enough good things about everybody who worked on the case at Russ, August & Kabat. They were able to handle every trick and tactic used by the other side to prevent the arbitration from going forward.”
The arbitrator awarded approximately $1,000,000.00 in attorney’s fees and costs to Gamwell and the other prevailing parties, emphasizing that Russ, August and Kabat “vigorously, effectively, and efficiently represented their client in circumstances where special demands were placed on them by the aggressive and sometimes inappropriate defensive tactics employed . . . . In all cases, the professionalism and skill exhibited [by Russ, August and Kabat] was consistent with the highest standards.”
Russ, August & Kabat trial lawyer Jules Kabat expressed gratitude for acknowledgment of his firm’s efforts and for the resounding victory he obtained for his clients.
About Russ, August & Kabat:
Russ August & Kabat is a 20+ attorney law firm that has developed a premier reputation for intellectual property, patent, real property, litigation, and corporate and finance matters. The firm’s clients range from individuals to multinational public companies.
February 2009
Smart Choice. Wise Counsel. Russ August & Kabat.
Russ August & Kabat provides its clients with the highest quality, most responsive and most effective legal representation possible. Founded in 1990, it has developed a reputation as the law firm of choice for intellectual property, patent, real property, litigation, and corporate and finance matters of all sizes. Over the years, the firm has maintained its focus while expanding its practice areas. In the process, we have established ourselves as one of the top midsize law firms in Los Angeles.
Russ August & Kabat is proud of its attorneys named in Super Lawyers ® and is honored to provide effective and economically efficient legal services to its clients for their varied matters.
Russ August & Kabat thinks and practices both locally and nationally. While the practice is Los Angeles-based, the firm is proud to represent our local, national and international clients on challenging, interesting and cutting-edge legal matters.
The firm’s philosophy is simple: its attorneys listen. Wise counsel is the product of understanding clients’ legal and business needs and working creatively and aggressively to meet those needs.
January 15, 2009
Celebrity battle over access ends — for now
A judge rules that ‘guests and invitees’ of South Beverly Park residents can enter the exclusive Westside community through the gates of adjacent North Beverly Park.
By Martha Groves
Los Angeles Times Staff Writer
In a decidedly uncivil war of haves versus haves, the South has prevailed against the North.
South Beverly Park, that is.
A Los Angeles County Superior Court judge tentatively ruled this week that “guests and invitees” of residents of the exclusive Westside community may enter through the gates of adjacent North Beverly Park.
The dispute went to court last spring after the 64-home North Beverly Park Homeowners Assn. began restricting access to a road that residents of the 16-home South Beverly Park neighborhood had been freely using for two decades.
Under the limitations, southern residents could continue to use the northern gates at Mulholland Drive.
But their nannies, gardeners and contractors had to take long detours on Benedict Canyon or Coldwater Canyon drives.
Northern residents defended the restrictions, citing security concerns and costs.
Among the South Beverly Park plaintiffs were Earvin “Magic” Johnson, Samuel L. Jackson and producer Richard Zanuck.
The northern defendants included Denzel Washington, Reba McEntire and media moguls Haim Saban and Sumner Redstone.
The battle is not over, said Jeffrey G. Huron, an attorney for the northern residents.
“It’s our intention to file written objections,” he said.
Huron added that the communities are separate and distinct.
“There is no reason why [southern] guests and invitees should not have to use the public streets like all of the other residents in the neighborhood that do not live in North Beverly Park,” he said.
Steve Goldberg, an attorney for the southern residents, said he expected the decision to stand.
If and when the ruling becomes final, he said, his clients intend to launch Phase 2: a claim for compensatory and punitive damages.
Goldberg said they also would seek reimbursement for attorney fees of $2 million and counting.
martha.groves@latimes.com
Wednesday, December 10, 2008
In the Slowed Economy, Young Lawyers Are Giving Small Firms a Second Look
By Rebecca U. Cho
Daily Journal Staff Writer
LOS ANGELES – A year and a half after taking on a complex business case, Robert Satterthwaite was elated by a trial judge’s tentative ruling in July, awarding his client nearly $13 million in compensatory damages.
Satterthwaite, an associate, had reason to be pleased. Two years earlier, he had been at a large firm assisting partners on major cases as a part of a team – far from taking the lead role in a case of the magnitude like the one he had just handled.
But, after moving to the 20-attorney Russ August & Kabat in Los Angeles, Satterthwaite immediately began trial work on a matter involving a failed investment project in Malibu. Elyaszadeh v. Neman, BC328019 (L.A. Super. Ct., filed January 2005).
“It’s virtually unheard of at large firms where a [young] attorney is going to be lead counsel on a commercial litigation matter,” said Satterthwaite, who moved to the firm after nearly four years with the 200-attorney Munger, Tolles & Olson. He said he moved seeking more direct responsibility over trials.
The trend is nothing new. Satterthwaite is one of many young attorneys who in recent years have made the transition from big to small firms motivated by a desire for small-firm perks, such as immediate trial experience and a better work-life balance.
What is new, however, is that with the down economy, associates are finding it more difficult to land big-firm jobs. As a result, young lawyers are re-evaluating their options in the smaller-firm market – and sometimes it’s paying off.
“People may be discovering smaller firms by necessity more than anything else,” said Delia Swan, the founder of Swan Legal Search in Los Angeles. “But maybe this will educate young lawyers that there is this alternative.”
According to West’s Peer Monitor Index, which measures legal market conditions, associate hirings at firms, both big and small, are down 6 percent from last year, with the biggest factor confronting the legal industry being the “swelling of unproductive associates” at law firms.
Last month, San Francisco’s Orrick, Herrington & Sutcliffe laid off 40 lawyers and 35 staff members. Joining several other New York firms cutting costs, White & Case slashed 70 lawyers and 100 staff members from its ranks.
David Corwin, a legal recruiter with The Brunswick Group in Los Angeles, said the demand for his services has switched in recent months from associate to partner placements.
“With the economic downturn, law firms are more hesitant to expand their ranks,” Corwin said. “There are fewer positions out there.”
He said attorneys are becoming more open-minded to their job options. While he doesn’t foresee a significant shift in the number of young attorneys jumping to small firms, he said with the supply of associates outweighing the demand, attorneys are becoming less picky in their job searches.
“At first, when attorneys tread into the waters of new firms, they’re optimistic. Oftentimes, when they see how difficult is is to find a firm, they become more concerned,” Corwin said. “With that increased concern, there’s greater flexibility.”
Some boutique firm associates, such as David A. Hatch at Hooper, Lundy & Bookman, are breathing a little easier than their big-firm counterparts.
“Hooper is not as affected by the ebbs and flows of the economy,” said Hatch, who joined the 50-attorney firm after four years at Jones Day. “Being a health care firm, people have to get health care no matter what.”
But small firms are not immune from the economic downturn and are not necessarily faring better than the big ones. Productivity at law firms nationwide is down 4.5 percent in the third quarter, according to West’s Peer Monitor Index report. Those firms emphasizing corporate work or real estate, whether large or small, are suffering.
However, small firms, as a rule, tend to be less vulnerable to market swings because they don’t have major clients, which usually use big firms to handle huge financial matters.
“Smaller firms aren’t quite as impacted at this point by the economy like some larger firms because they’re not quite as involved in some major merger, M&A, banking financing schemes, or securitized loans,” said Larry Russ, the managing partner of Russ August & Kabat. “With that particular multimillion dollar business drying up, larger firms tend to feel the heat.”
Russ said as big firms and their associates become more realistic and open with each other, he is seeing an increase in lawyer referrals to his small firm directly from the big firms.
“I think associates who have mentors at various larger firms are being more honest about their long-term plans,” Russ said. “Associates are being more realistic, but the interchange is going back and forth. Law firms are more honest about associates’ prospects about becoming partner.”
Top law school graduates also are facing fewer choices than years past and are considering smaller firms, Swan said. They are considering work in less competitve geographic markets, such as Bakersfield, Fresno and Sacramento.
Swan said she hopes young attorneys will benefit from exploring their options during the hard economic times.
“As the economy goes back, they may find they like it [where they are],” she said.
rebecca_cho@dailyjournal.com
This article appeared on Page 1
