Stubbs Alderton & Markiles, LLP is proud to announce that Dan Rozansky has been included in the Los Angeles Business Journal’s 2021 list of “Leaders of Influence: Litigators & Trial Lawyers.” The issue features the region’s top litigators. Dan was selected for his high-profile representations in disputes including Hollywood Unlocked, Inc. and Jason Lee Johnson v. Lifetime Entertainment Services, A&E Television Networks Home Brewed Productions, and his role as lead counsel for Funrise in a licensing dispute against Space Run. 


To view the full list, click here.

Legal Ramifications Recording Video Calls

Consider Legal Ramifications Before Recording Video Calls

With 95% of the country subject to various stay-at-home orders and countless employees working from home for the foreseeable future, an important issue has arisen that must be considered by those conducting business online: How confidential are the conversations that we have through online videoconferencing platforms such as Zoom, Microsoft Teams, and Skype?

While video conferencing has been available for quite some time, the recent stay-at-home orders issued as a result of the COVID-19 outbreak undoubtedly have increased the popularity of such tools. In fact, within the last month, videoconferencing platforms such as Zoom have become the preferred method of conducting not only business meetings, but also school lessons, therapy sessions, religious services, birthdays and even happy hours.

In light of the perceived novelty of these videoconferencing platforms, as well as the fact that people have been forced to embrace this technology seemingly overnight, there is a concern that users of these platforms may not fully comprehend the legal implications that accompany their use.

In light of the recent spate of news about Zoombombing — whereby strangers pop in on meetings, shout obscenities, and sometimes even record it to post on TikTok and other social media platforms — professionals appear to be gaining some level of awareness that such platforms may not be private after all. In fact, this has led to a number of recently filed lawsuits against Zoom.

These same professionals that rely on online video conferencing platforms like Zoom, Microsoft Teams and Skype may not, however, be aware of how their use of this technology can expose them to civil or criminal liability.

One obvious way in which users can unwittingly risk liability is by unlawfully recording videoconference calls. The vast majority of states, including New York and New Jersey, are one-party consent states, which means that it is lawful to record conversations so long as one party to the conversation consents.[1] However, California, like a handful of other states, is a two-party consent state.

Two-party consent states require that all parties to a confidential communication consent to the recording.[2] Courts have applied the term “communication” as used in Section 632 of the California Penal Code broadly to include not only audio recordings of conversations, but also video recordings.[3][4]

A communication is considered “confidential” where a party “has an objectively reasonable expectation that the conversation is not being overheard or recorded.”[5] Failure to obtain consent before recording the communication can lead not only to civil liability but also to criminal penalties such as fines and even jail time.[6]

While many people know that consent should be obtained before recording a confidential phone conversation, such as in the context of a call with a customer care representative or when wanting to record a conversation in a two-party consent state, the applicability of such laws to videoconferencing platforms may not be intuitive to all participants.

Indeed, the ease with which a videoconference can be recorded without the use of third-party applications may lull one into recording the communication without even considering legal ramifications.

For example, a host on Zoom can record the conference with a single click of a button — which merely results in a tiny red circle popping up on the participants’ screen with the word “recording” in small font. This warning may be easy to miss and could lead to disputes over whether the participants have the requisite notice that they are being recorded.

On Microsoft Teams, the ability to record a conference is not limited to the host but instead extends to any individual within the same organization as the host.

When a user records a conversation via Microsoft Teams, a banner appears notifying all participants of the recording via a message that reads: “Recording has started. By joining the meeting, you have given consent for it to be recorded.” Similarly, a recording on Skype is documented by a banner notifying the users that the call is being recorded.

There also may be confusion regarding whether a participant in a videoconference has a “reasonable expectation” of privacy.

For example, whereas just a few weeks ago it might have been reasonable to assume that videoconference participants were situated in private offices or conference rooms secluded from third parties, the stay-at-home orders have forced workers to participate in videoconferences from their homes — where the conversations may be readily overheard by roommates, significant others and children.

In such quasi-public circumstances, is it reasonable to assume that the video conference is confidential? Perhaps not.

Nevertheless, regardless of where the participants are located or whether the platform provides an obvious or discrete warning that the videoconference is being recorded, from a best-practices standpoint, the prudent course of action is to treat a videoconference the same way you would treat a conference conducted in person or via telephone.

In other words, before recording a conference with your clients, your co-workers, students, patients or fellow happy hour revelers, make sure to obtain their consent before hitting the record button — especially if one or more of the participants is located in a two-party consent state.

In the context of these recorded conversations, consent can easily be obtained regardless of which videoconference platform is being used by simply announcing at the beginning of the videoconference — once all participants have joined — that you are recording the conversation. By continuing in the recorded conference, the participants are deemed to have consented.

For this very reason, a person recording a videoconference on Skype will see a message at the top of their screen urging them to “[a]void legal snags by telling people they’re being recorded,” despite the banner disclosing the fact that the call is being recorded.

Alternatively, Zoom has its own consent feature that requires participants to click on a consent button before recording can begin. Though it is not necessary to use this feature to obtain consent, it may nevertheless remove any ambiguity as to whether or not the participants are deemed to have consented.[7]

Attorneys should not only avail themselves of one of these simple means of obtaining consent prior to recording a videoconference, but also should advise their clients to do the same.

Clients preoccupied with responding to and resolving various business emergencies caused by COVID-19 may not have call recording laws at the top of their mind when participating in videoconferences. Accordingly, now more than ever, clients may appreciate prospective advice on ways to avoid civil and criminal liability.

Separately, attorneys should review their written discovery requests to confirm that they are expressly requesting copies of any recorded videoconferences. Because videoconferencing is now a necessary component of how many businesses communicate, and in light of the user-friendly recording options discussed above, obtaining copies of recorded videoconferences may be a useful tool in civil litigation — whether or not the conference was recorded with consent.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

We will continue to closely monitor developments regarding these matters. You can view prior alerts and additional guidance regarding COVID-19-related matters at our resource center.

To view the published article on LAW 360 visit here.

Legal Ramifications Recording Video Calls - Dan RozanskyDaniel Rozansky is a Partner of the firm in the Business Litigation Practice.

Clients engage Dan before disputes ever arise to advise on strategies to minimize litigation risk and to put clients in a position for a successful outcome if litigation does arise.  For example, he regularly reviews television pilots, screenplays and other material in development to assist those clients in identifying and avoiding potential liabilities; he advises clients, including Fortune 100 companies, on best practices for recording communications; he counsels clients on best practices to protect trade secrets and other confidential information; and he guides clients contemplating exiting unfavorable business relationships.  When disputes arise, Dan brings his decades of experience at AmLaw 100 and 200 firms and his relentless approach help achieve the best possible outcome for his clients.  This approach has led Dan to be recognized as an industry leader, including being listed as a top entertainment and media litigator in Chambers USA (2011-2019).  In 2013, 2014, and 2016, he was featured in Variety’s “Legal Impact Report,” which names the top attorneys who are making a significant impact in the entertainment industry.

In areas of entertainment and media litigation, Dan Rozansky represents clients across multiple platforms including film, television, music, concerts and touring, and digital media.  As a result of his well-recognized skills, Dan has prevailed in a number of high-stakes entertainment cases, including some of Hollywood’s most significant cases in the areas of copyright, trademark, First amendment, profit participation, reality television, right of publicity, rights of privacy and breach of implied contract.

Legal Ramifications Recording Video Calls - Cristy JonelisCrystal Jonelis is Senior Counsel in the Firm’s Business Litigation Practice. Crystal is well-versed in all aspects of business and commercial litigation, having overseen numerous cases from inception to winning verdicts (and even the subsequent winning appeals).  However, her primary focus is in the area of entertainment and media litigation, with particular emphasis in the anti-SLAPP arena.

Crystal has represented a wide variety of clients on both the plaintiff and defense side, including television and motion picture producers, reality television production companies, radio stations, film financiers, banks, investment firms, transportation companies, and credit card companies.

Crystal takes pride in her ability to help clients reach their endgame in the most efficient way possible, without sacrificing the quality of work product.  Crystal is cognizant that cases often take left turns, and she is able to quickly adapt to respond to any obstacle that is thrown her way during the complex litigation process.

Crystal is a board member and secretary of Ballet For All Kids, a non-profit that provides national classical ballet and dance instruction to children of all abilities and needs.

For more information on our Business Litigation Practice, contact Daniel Rozansky at

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[1] See, e.g., N.Y. Penal Law §§ 250.00, 250.05; N.J. Stat. §§ 2A:156A-3, 2A:156A-3-4.

[2] Cal. Pen. Code § 632.

[3] See People v. Gibbons , 215 Cal. App. 3d 1204, 1209 (1989) (“we find that ‘communication’ as used in the privacy act is not limited to conversations or oral communications but rather encompasses any communication, regardless of its form, where any party to the communication desires it to be confined to the parties thereto.”).

[4] Whether a video recording is considered as communication by a particular state is largely irrelevant in the context of the video recorded conference call as there is an aural component in all of the communications.

[5] Flanagan v. Flanagan , 27 Cal. 4th 766, 777 (2002).

[6] Cal. Pen. Code §§ 632(a), 637.2.

[7] Although Zoom’s consent feature is not part of the default setting, Consumer Reports recently recommended that Zoom change its default recording setting to require the prior consent of all participants in the conference. See https://www.consumerreports.org/video-conferencing-services/zoom-teleconferencing-privacy-concerns

Stubbs Alderton & Markiles' litigators, Partner Dan Rozansky and Associate Celina Kirchner, successfully defended SA&M client Second Generation, Inc. before the California Court of Appeal.

Second Generation, a clothing distributor, entered into an agreement with Kody Brand, a clothing manufacturer, wherein Kody Brand would manufacture and ship various items of clothing that Second Generation would then distribute to major retailers in the United States.  Kody Brand’s subsidiaries (all referred to as “Kody”) all performed different parts of the manufacturing and distribution process, but the entities were operated by the same employees and often performed overlapping tasks.  After several years, Kody Brand began delivering shipments late then ceased shipping altogether.

Second Generation included a “liquidated damages” provision in its contract with Kody Brand.  If a party to a contract with a liquidated damages provision breaches, the contract provides either a set damages amount or a formula for calculating how much the breaching party must pay in damages.  Second Generation’s liquidated damages provision set damages at 2% of the contract price for any late order per day late.

When Second Generation demanded that Kody pay liquidated damages, Kody refused, and Second Generation sued.  SAM filed a successful summary judgment motion on behalf of Second Generation.  As a result of the summary judgment motion, Second Generation was awarded more than $2.5 million in liquidated damages and nearly $1 million in fees and interest.  Moreover, all of the Kody Defendants were held to be the alter egos of one another, which made all of the defendants jointly and severally liable.  This was critical as the primary stakeholders had considerable assets but the entities had nothing.  Kody appealed from the $3.5 million judgment in Second Generations favor.   After extensive briefing and oral argument, the Second Appellate District upheld the trial court’s decision on alter ego as well as the enforceability of the liquidated damages provision.

The Kody defendants argued that the liquidated damages award should be overturned, particularly since the liquidated damages award was more than seven times the actual damages Second Generation incurred.  In enforcing the liquidated damages provision, the court rejected Kody’s hindsight test and instead focused the efforts Second Generation made at the time it entered to contract to ascertain the range of damages it would incur in the event of a breach.

Equally significant is that the Court of Appeal upheld the trial court’s finding of alter ego against all of the defendants.  There is a paucity of cases in which courts find alter ego liability on summary judgment, and appellate courts are even less likely to uphold such a finding on appeal.  In affirming the alter ego ruling, the Second Appellate District stated that SAM had presented “a veritable mountain of evidence” of alter ego liability and that an inequitable result would follow if the Kody defendants were not found to be jointly and severally liable.

Through the hard work and legal strategy formulated by the SAM team, Second Generation was able to obtain and uphold a high liquidated damages award and will be able to pursue the damage award from each of the defendants, who are jointly and severally liable.

For more information about our Business Litigation Practice please contact Dan Rozansky at

Calif. Justices Create Arbitration Compromise Conundrum

The California Supreme Court’s recent decision in Heimlich v. Shivji[1] provides litigants in arbitration valuable guidance on when and how to notify arbitrators of existing offers to compromise made pursuant to California Civil Procedure Code Section 998.

As most know, Section 998 is a cost-shifting statute intended “to encourage the settlement of litigation without trial, by punishing the party who fails to accept a reasonable settlement offer from its opponent.”[2] More specifically, Section 998 imposes mandatory and discretionary penalties on a party that declines to accept a settlement offer made under Section 998 and then fails to obtain a more favorable judgment at trial or arbitration.

For example, if a plaintiff declines a defendant’s Section 998 offer to settle the matter for $50,000, but then recovers only $30,000 at trial, the plaintiff is prevented from recovering any costs she incurred after the defendant made the 998 offer.[3] In addition, the plaintiff must pay the defendant for all his post-offer costs, even though the plaintiff ultimately prevailed in the matter.[4] The court or arbitrator also has discretion to order the plaintiff to pay the defendants’ reasonable post-offer expert costs.[5]

The decision to issue or accept a 998 offer can alter the economics of a case where the prevailing party is entitled to attorney fees as a matter of law or contract. If there were a prevailing party fee provision, the prevailing plaintiff in the above example would be limited to recovering only those attorney fees predating the offer, whereas the defendant would be entitled to all his attorney fees postdating the offer.[6] Either party can make a 998 offer up to 10 days prior to trial or arbitration.[7] Critically, a 998 offer is not admissible to prove liability.[8]

In Heimlich, the plaintiff and respondent Alan Heimlich, an attorney, sued his former client, the defendant and appellant Shiraz Shivji, for outstanding legal fees. Shivji made a 998 offer, offering to pay Heimlich $30,001 to settle the case, which Heimlich rejected.[9] Later, the court granted Shivji’s motion
to compel arbitration pursuant to an arbitration clause in the parties’ retainer agreement. In the arbitration, Shivji also filed claims against Heimlich, seeking a refund of fees already paid, and made a second 998 offer, offering to pay Heimlich $65,001, which Heimlich did not accept.[10]

The arbitrator issued a final award, granting $0 to both Heimlich and Shivji and directing that “each side will bear their own attorneys’ fees and costs.” Within six days of the issuance of the award, Shivji informed the arbitrator of the two prior 998 offers to Heimlich.[101] Accordingly, because Heimlich had failed to obtain a more favorable result, Shivji sought costs from Heimlich. The arbitrator, however, took the position that because he had issued his final arbitration award, he no longer had jurisdiction to take any further action in the matter.[12]

Shivji filed a motion to confirm the award with the trial court, attaching a memorandum of costs seeking $76,684.02 from Heimlich. The trial court confirmed the award but refused to add costs, stating that a request for costs under Section 998 in connection with an arbitration must be resolved by the
arbitrator.[13]

The court of appeal reversed, holding that Shivji timely submitted his post-award request to the arbitrator.[14] The appellate court noted that a determination regarding a 998 offer must necessarily follow an arbitration award and that Shivji could not have notified the arbitrator of the 998 offer prior to the award, as such offers are not admissible in trial or arbitration. The appellate court further held that the trial court had authority to vacate the arbitrator’s award because the arbitrator had refused to hear evidence material to the controversy.[15]

The California Supreme Court granted review and first determined that Shivji was required to request costs from the arbitrator.[16] The court then examined whether Shivji was required to make the request before or after the arbitrator issued his award. The court found that the appellate court erred by determining that Shivji was prevented from revealing the 998 offer prior to the issuance of an award.[17] In particular, though Section 998 provides that a 998 offer “cannot be given in evidence upon the trial or arbitration,”[18] the court found a 998 offer may nevertheless be admissible to prove unrelated matters. Thus, Shivji could have informed the arbitrator of the 998 offer prior to the issuance of the award.[19]

The court further held, however, that Shivji was not obligated to inform the arbitrator of the offer prior to the issuance of the final award.[20] The court acknowledged that notifying an arbitrator of a 998 offer prior to the arbitrator issuing his or her final award is enough to potentially influence the arbitrator’s award. In particular, the admission that a party made a 998 offer, even if the amount of the offer is not disclosed, “could influence a merits determination by signaling that the defendant is willing to pay at least some amount.”[21]

Moreover, even if a party alerts an arbitrator of the existence of the 998 offer without disclosing the amount or the identity of the party that actually made the offer, the arbitrator nevertheless may logically assume that the party informing the arbitrator is the party who has the incentive to ensure that the arbitrator is aware of the offer; that is, “the party whose offer was rejected.”[22] Accordingly, requiring parties to inform an arbitrator of a 998 offer prior to the issuance of the award could cause parties reservations about making a 998 offer, thereby undermining the very purpose of Section 998, which is
to promote settlement.[23]

In addition, the court observed that in amending Section 998 to apply to private arbitrations, the legislature intended “to place parties in arbitration on equal footing with parties in civil actions.”[24] A rule requiring “parties in arbitration to disclose settlement offers before an award is made would contradict the goal of equal treatment.”[25]

Taking all this into account, the court ruled “[c]onsistent with practice in civil litigation, for 15 days after  issuance of a final award, a party to an arbitration may submit a cost request asserting rejection of an earlier 998 offer.”[26]

In making this ruling, the court rejected Heimlich’s argument that an arbitrator’s powers automatically terminate upon the issuance of a final award.[27] Rather, relying on both legislation and the Federal Arbitration Act, the court found that, even upon issuance of a final award, the arbitrator has ongoing jurisdiction to “amend the award and address the undecided issue.”[28] Thus, regardless of whether the ruling is designated as interim or final, the “arbitrator has implicit power under section 998 to consider the request [for costs] and amend any award accordingly.”[29]

Unfortunately for Shivji, however, despite the arbitrator’s error in failing to consider Shivji’s timely request for costs, there were no grounds for the court to vacate the arbitrator’s denial of costs. The court noted that “an arbitrator’s legal or factual error in determining which party prevailed may not be reversed.”[30] Thus, although Shivji “was legally entitled” to wait until after the arbitrator issued his award before raising the 998 offer, by doing so “he ran the risk that the arbitrator would erroneously refuse to award costs, leaving him without recourse under the narrow grounds for vacation or correction contained in the statutory scheme.”[31] Thus, the California Supreme Court reversed the appellate court’s judgment.[32]

The California Supreme Court’s ruling leaves parties that made or intend to make a 998 offer in arbitration with difficult choices. More specifically, parties can (1) inform the arbitrator prior to an award being rendered that a 998 offer has been made, and run the risk that the arbitrator’s decision will thereafter be influenced, or (2) wait and timely inform the arbitrator that a 998 offer has been made after an award is issued, and run the risk that the arbitrator will improperly find the request untimely, thereby leaving the party with no grounds to vacate the bad ruling. Moreover, an arbitrator may unknowingly force a party to disclose the existence of a 998 offer by requesting that the issue of attorney fees and costs be included in the parties’ post-arbitration briefs (in which case the party may also be compelled to disclose the amount of the 998 offer prior to the issuance of a final award).

To avoid placing parties in these difficult situations, arbitrators should take a more active role in their case management efforts. In particular, arbitrators should, as a matter of course, inform all parties at the beginning of a case that, in an effort to encourage settlement and the exchange of 998 offers, the arbitrator will issue an interim award. After the issuance of the interim award, the parties may timely inform the arbitrator of any 998 offers before the arbitrator issues his or her final award. Indeed, dispute resolution providers, such as JAMS and AAA, can explicitly incorporate this procedure into their
rules.

In the meantime, parties should take affirmative steps to protect themselves. For example, the court in Heimlich suggested that “[p]arties may also agree to jointly tell an arbitrator, before any award is announced, that a 998 offer was made and rejected, without identifying the terms or who made the offer. Such notice would permit the arbitrator to designate an otherwise final award as interim and then consider the parties’ presentations concerning costs and fees.”[33]

If the opposing party refuses to jointly inform the court, the party making the 998 offer can also notify the case manager, where applicable, and request that the case manager inform the arbitrator that the existence of a 998 offer necessitates that the award be designated as interim. Another option is for a party to preemptively raise the possibility at the initial conference that 998 offers may be exchanged, and request that the arbitrator issue an interim award following the arbitration hearing and allow the parties to subsequently brief issues relating to attorney fees and costs.

To view the article on Law360 visit here.

 

About Daniel Rozansky

Daniel Rozansky is a Partner of the firm in the Business Litigation Practice. Clients engage Dan before disputes ever arise to advise on strategies to minimize litigation risk and to put clients in a position for a successful outcome if litigation does arise.  For example, he regularly reviews television pilots, screenplays and other material in development to assist those clients in identifying and avoiding potential liabilities; he advises clients, including Fortune 100 companies, on best practices for recording communications; he counsels clients on best practices to protect trade secrets and other confidential information; and he guides clients contemplating exiting unfavorable business relationships.  When disputes arise, Dan brings his decades of experience at AmLaw 100 and 200 firms and his relentless approach help achieve the best possible outcome for his clients.  This approach has led Dan to be recognized as an industry leader, including being listed as a top entertainment and media litigator in Chambers USA (2011-2019).  In 2013, 2014, and 2016, he was featured in Variety’s “Legal Impact Report,” which names the top attorneys who are making a significant impact on the entertainment industry.

In areas of entertainment and media litigation, Dan represents clients across multiple platforms including film, television, music, concerts and touring, and digital media.  As a result of his well-recognized skills, Dan has prevailed in a number of high-stakes entertainment cases, including some of Hollywood’s most significant cases in the areas of copyright, trademark, First amendment, profit participation, reality television, right of publicity, rights of privacy and breach of implied contract.

Dan’s achievements are not limited to the entertainment industry.  He has successfully represented clients in the real estate, toy, banking, insurance, restaurant, clothing, luxury goods, and travel industries, in such areas as trade secrets, partnership, contract, and unfair competition disputes. While Dan is known for his willingness to “take it all the way”, Dan’s goal is to design a strategy to put his clients in the best position for early dismissal including through motions to dismiss, anti-SLAPP motions, summary judgment motions, and favorable settlements.  As a result, not only has Dan achieved early dismissal of multiple claims and actions, but he has also prevailed in cases short of trial, resulting in significant recoveries.  When cases do go to trial, Dan has achieved great success at the state, federal and appellate levels.  In all instances when his clients prevail, Dan looks for opportunities to recover their attorneys’ fees and has, in fact, recovered millions of dollars in fees for his clients.

Outside of work, Dan enjoys spending time and traveling with his wife and two daughters. Dan sits on the Board of Directors at Vista del Mar, a non-profit organization founded in 1908 that provides comprehensive, family-centered social, educational, and behavioral health services, which encourage children, adolescents and their families to lead self-reliant, stable, and productive lives.

About Crystal Jonelis
Crystal Jonelis is Senior Counsel in the Firm’s Business Litigation Practice. Crystal is well-versed in all aspects of business and commercial litigation, having overseen numerous cases from inception to winning verdicts (and even the subsequent winning appeals).  However, her primary focus is in the area of entertainment and media litigation, with particular emphasis in the anti-SLAPP arena.

Crystal has represented a wide variety of clients on both the plaintiff and defense side, including television and motion picture producers, reality television production companies, radio stations, film financiers, banks, investment firms, transportation companies, and credit card companies.

Crystal takes pride in her ability to help clients reach their endgame in the most efficient way possible, without sacrificing the quality of work product.  Crystal is cognizant that cases often take left turns, and she is able to quickly adapt to respond to any obstacle that is thrown her way during the complex litigation process.

Crystal is a board member and secretary of Ballet For All Kids, a non-profit that provides national classical ballet and dance instruction to children of all abilities and needs.

For more information about your Business Litigation Practice, please contact Dan Rozansky at

------------

[1] 7 Cal. 5th 350 (2019)
[2] See Elite Show Services, Inc. v. Staffpro, Inc., 119 Cal. App. 4th 263, 268 (2004).
[3] See Cal. Civ. Proc. Code § 998(c)(1).
[4] Id.
[5] Id.
[6] See Scott Co. of Cal. v. Blount, Inc., 20 Cal. 4th 1103, 1107 (1999).
[7] Cal. Civ. Proc. Code § 998(b).
[8] Id. at § 998(b)(2).
[9] Heimlich¸ 247 Cal. Rptr. 3d at 607.
[10] Id.
[11] Id.
[12] Id.
[13] Id. at 607-08.
[14] Id. at 608.
[15] Id.
[16] Id.
[17] Id. at 610.
[18] Cal. Civ. Proc. Code § 998(b)(2).
[19] Heimlich¸ 247 Cal. Rptr. 3d at 610.
[20] Id.
[21] Id. at 611.
[22] Id.
[23] See id.
[24] Id.
[25] Id.
[26] Id. at 614.
[27] Id. at 612.
[28] Id.
[29] Id. at 614.
[30] Id. at 616.
[31] Id. at 618.
[32] Id. at 619.
[33] Id. at 615 n.8.

Stubbs Alderton & Markiles is pleased to announce that Daniel Rozansky has been ranked in the 2019 edition of Chambers and Partners for Litigation: Media & Entertainment. He has received this honor for the past 8 years consecutively. Chambers and Partners rank individual lawyers in their practice area(s) on the basis of their legal knowledge and experience, their ability, their effectiveness, and their client-service. The rankings are determined by 150 editors and researchers who talk to lawyers and clients year-round, conducting in-depth phone interviews.

Daniel RozanskyDaniel Rozansky is a Partner of the firm in the Business Litigation Practice. Clients engage Dan before disputes ever arise to advise on strategies to minimize litigation risk and to put clients in a position for a successful outcome if litigation does arise.  For example, he regularly reviews television pilots, screenplays and other material in development to assist those clients in identifying and avoiding potential liabilities; he advises clients, including Fortune 100 companies, on best practices for recording communications; he counsels clients on best practices to protect trade secrets and other confidential information; and he guides clients contemplating exiting unfavorable business relationships.  When disputes arise, Dan brings his decades of experience at AmLaw 100 and 200 firms and his relentless approach help achieve the best possible outcome for his clients.  This approach has led Dan to be recognized as an industry leader, including being listed as a top entertainment and media litigator in Chambers USA (2011-2018).  In 2013, 2014, and 2016, he was featured in Variety’s “Legal Impact Report,” which names the top attorneys who are making a significant impact in the entertainment industry.

In areas of entertainment and media litigation, Dan represents clients across multiple platforms including film, television, music, concerts and touring, and digital media.  As a result of his well-recognized skills, Dan has prevailed in a number of high-stakes entertainment cases, including some of Hollywood’s most significant cases in the areas of copyright, trademark, First amendment, profit participation, reality television, right of publicity, rights of privacy and breach of implied contract.

Dan’s achievements are not limited to the entertainment industry.  He has successfully represented clients in the real estate, toy, banking, insurance, restaurant, clothing, luxury goods, and travel industries, in such areas as trade secrets, partnership, contract, and unfair competition disputes. While Dan is known for his willingness to “take it all the way”, Dan’s goal is to design a strategy to put his clients in the best position for early dismissal including through motions to dismiss, anti-SLAPP motions, summary judgment motions, and favorable settlements.  As a result, not only has Dan achieved early dismissal of multiple claims and actions, but he has also prevailed in cases short of trial, resulting in significant recoveries.  When cases do go to trial, Dan has achieved great success at the state, federal and appellate levels.  In all instances when his clients prevail, Dan looks for opportunities to recover their attorneys’ fees and has, in fact, recovered millions of dollars in fees for his clients.

Stubbs Alderton & Markiles, LLP is pleased to announce that six lawyers have been named to the 2018 Southern California Super LawyersSuper Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. Lawyers are selected to a Super Lawyers list in all 50 states and Washington, D.C.

Stubbs Alderton & Markiles, LLP would like to congratulate the following attorneys named to the 2018 Super Lawyers list –

Scott Alderton is a founding partner of the Firm, Managing Partner, and a member of the Firm’s Executive Committee.  Scott is co-chair of the Firm’s Venture Capital and Emerging Growth Practice Group and chair’s the Firm’s Interactive Entertainment and Video Games Group. Scott advises both public and private clients across a number of industries, including technology, manufacturing and distribution of goods in commerce, finance, the Internet, interactive video games, and new media industries.

Kevin D. DeBré is the chair of the Firm’s Intellectual Property & Technology Transactions Practice Group.  Kevin advises entrepreneurs and companies that use intellectual property to build their businesses.  Kevin has particular expertise in structuring and negotiating technology commercialization and patent licenses, strategic alliances, research and development collaborations, trademark licensing and brand merchandising agreements and manufacturing, distribution and marketing arrangements.  He also counsels clients on compliance with data security and privacy laws and regulations.

Jeff Gersh is a Partner of the Firm. He has litigated, arbitrated, or mediated complex business and commercial matters, for both plaintiffs and defendants, whether individuals, public or private corporations, partnerships, limited liability companies and/or its members, shareholders and partners, involving various types of disputes, including contract matters, trade secrets, intellectual property (trademarks, copyrights and trade dress) negligence and fraud, employment, real estate, license agreements, the apparel and garment industry, and general business matters.

Daniel Rozansky is a Partner of the Firm in the Business Litigation Practice. Dan concentrates his practice on entertainment, privacy, First Amendment and complex business and real estate disputes. Dan’s areas of focus are entertainment finance, anti-SLAPP motions, unfair competition, trade secrets, intellectual property, surreptitious tape recording, reality television, profit participation, rights of privacy and publicity, real estate, partnership disputes and First Amendment issues. He represents clients both at the trial and appellate levels in state and federal court on a wide array of issues.

Michael Sherman is an accomplished trial lawyer in high-stakes, “bet-the-company” litigation, and has represented both large and early-stage companies as well as entrepreneurs in all facets of business and complex commercial litigation. He has evenly split his litigation practice on both the plaintiff and defense side of cases, has first-chaired numerous trials in complex matters in industries as varied as energy, securities, healthcare, environmental, consumer products, technology, project development/finance, advertising, real estate and apparel, and is highly skilled in class actions and unfair competition law.

Joe Stubbs is a founding partner of the Firm, and a member of the Firm’s Executive Committee. He is co-chair of the Firm’s Venture Capital and Emerging Growth Practice Group, and of the Firm’s Mergers and Acquisitions Practice Group. Joe practices in the areas of corporate and securities law, emphasizing the corporate representation of both publicly-held and privately-held emerging growth and middle-market companies, venture capital and private equity firms, angel investment groups and investment banks.

The official Super Lawyers 2018 publication can be read in its entirety here.

For more information about Stubbs Alderton & Markiles, contact Heidi Hubbeling at or (310) 746-9803.

Stubbs Alderton & Markiles' Partner Dan Rozansky was featured in the Hollywood Reporter in a roundup of Hollywood law firm promotions and hires.

To read the full article visit here.

Dan concentrates his practice on entertainment, privacy, First Amendment and complex business and real estate disputes. In addition to his diverse litigation experience, Dan also counsels a broad array of clients on developing the best strategies to avoid disputes. For entertainment clients, he regularly reviews television pilots, screenplays and other material in development to assist those clients in identifying and avoiding potential liabilities. Dan’s areas of focus are entertainment finance, anti-SLAPP motions, unfair competition, trade secrets, intellectual property, surreptitious tape recording, reality television, profit participation, rights of privacy and publicity, real estate, partnership disputes and First Amendment issues. He represents clients both at the trial and appellate levels in state and federal court on a wide array of issues.

For more information on our Litigation Practice, contact Dan Rozansky at

Los Angeles, CA, January 16, 2018 (Newswire.com) -  Stubbs Alderton & Markiles, LLP, Southern California’s leading business law firm, has announced that Dan Rozansky has joined the firm as a partner in its Sherman Oaks office. Mr. Rozansky will join the Business Litigation practice group.

“Dan is a fantastic addition to our firm” commented Scott Alderton, Managing Partner. “Not only does he augment our litigation practice at a very senior level, which is the fastest growing segment of our firm, he also brings a synergy to our entertainment and digital media practices, which are at the core of our technology expertise. Dan would be a great asset to any firm in the country, and we feel very fortunate that Dan chose to join Stubbs Alderton & Markiles.”

Mr. Rozansky concentrates his litigation practice on entertainment, privacy, First Amendment and complex business and real estate disputes. Recognized as an industry leader, Dan has been listed as a top entertainment and media litigator in Chambers USA (2011-2016). In 2013, 2014, and 2016, he as featured in Variety’s “Legal Impact Report,” which names the top attorneys who are making a significant impact in the entertainment industry. Prior to joining Stubbs Alderton & Markiles, he worked at Jenner & Block’s Los Angeles office.

Dan Rozansky stated, “I am thrilled to be joining the firm. It is rare to find a business law firm of this size with such high quality corporate lawyers and litigators under the same roof. I chose Stubbs Alderton because its technology focus and deep bench of talented attorneys will allow me to continue delivering excellence to my clients.”

To read Dan Rozansky’s full bio, click here.

To view the full press release, visit here.
To view the story on the SFV Business Journal, visit here.

About the Stubbs Alderton & Markiles Business Litigation Practice
The Firm’s business litigators have significant depth and breadth of resources and a detailed knowledge of clients’ industries and business concerns. As trusted counselors to middle market businesses, and particularly early stage, growth companies and entrepreneurs, we understand that how a company or entrepreneur handles dispute risk oftentimes is the difference between business success and failure. For more information about the Business Litigation practice at Stubbs Alderton, click here.

About Stubbs Alderton & Markiles, LLP
Stubbs Alderton & Markiles, LLP is a business law firm with robust corporate, public securities, mergers and acquisitions, intellectual property and business litigation practice groups focusing on the representation of venture backed emerging growth companies, middle market public companies, large technology and Internet companies, entertainment, video games and digital media companies, investors, venture capital funds, investment bankers and underwriters. The firm’s clients represent the full spectrum of Southern California business with a concentration in the technology, entertainment, video games, apparel, consumer electronics, and medical device sectors. The firm’s mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of the firm. For more information, please visit www.stubbalderton.com.

Contact:
Heidi Hubbeling
Stubbs Alderton & Markiles, LLP
(310) 746-9803

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