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.
February 2010
Russ August & Kabat Attorneys Recognized as 2010 Southern California Super Lawyers
Russ August & Kabat provides its clients with the highest quality, most responsive and most effective legal representation possible. Founded in 1990, the firm 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, Russ August & Kabat has established itself as one of the top midsize law firms in Los Angeles.
Russ August & Kabat is proud of its 2010 Southern California Super Lawyers: Larry Russ, Richard August, Jules Kabat, David Gabor and Marc Fenster.
Super Lawyers are the top 5 percent of attorneys in each state, as chosen by their peers and through independent research. Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations.
January 27, 2010
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.
Top Arbitration
Oxford Street Properties LLC v. Rehabilitation
Associates LLC, Fedora Investment Corp.
Cause:
Oxford claimed the defendants engaged in fraud, economic duress, and breach of fiduciary duty in connection to their actions with respect to a historic renovation project in downtown Los Angeles’ Gallery Row. Rehabilitation and Fedora counterclaimed for fraud and construction defect.
Result:
Arbitrator awarded the plaintiffs $29.1 million and rejected the fraud counterclaim. Arbitrator also found the construction defect counterclaim to be mooted by his grant of Oxford’s recission claims.
Plaintiffs’ trial team:
Jules L. Kabat, Russ, August & Kabat in Los Angeles
Defense:
Law Offices of Thomas A. Nitti; Lance Robbins Attorney at Law
Arbitrator:
Richard Chernick, JAMS
FOR IMMEDIATE RELEASE
October 2009
The USC Marshall School of Business and the USC Roski School of Fine Arts present
Captains of the Fashion Industry Lecture Series: “How to Set Up and Start an Apparel Fashion Company”
A panel discussion featuring:
RON FRIEDMAN, CPA, Principal, Stonefield Josephson, Inc.
ILSE METCHEK, President, California Fashion Association
LARRY RUSS, Attorney, Founding Partner, Russ, Kabat & August
moderated by MARK I. WERTS, Founder and CEO, American Rag Cie.
Monday, November 2, 2009 | 7–9 pm
Gin D. Wong Auditorium
Harris Hall 101 USC University Park Campus
Free and open to the public
Ron Friedman, CPA, is a principal at Stonefield Josephson, Inc., a California-based accounting, audit, tax, and consulting firm. Mr. Friedman provides consulting for closely held and emerging businesses. His services to these clients include forecasting and budgeting, profit enhancement, succession planning, exit strategies, preparation for sale of a business, assistance in procuring financing, and workout and reorganization consulting. His industry concentrations include apparel, manufacturing, distribution and retail.
Ilse Metchek is president of the California Fashion Association. Established in 1995 in response to circumstances surrounding an egregious act of subverted labor law issues, the CFA has since become a multi-pronged association, dealing with all the significant issues affecting the apparel and textile industry of California. Ms. Metchek has run the CFA since its establishment and has continued to grow individual corporate memberships, with an outreach to allied associations globally.
Larry Russ is a founding partner and the head of the litigation department of Russ August & Kabat. Directly after being admitted to the California Bar in 1978, Mr. Russ launched his career by successfully compelling Levi-Strauss & Co. to cease fixing resale prices on men’s jeanswear. Throughout his career, Mr. Russ has successfully represented clients in the direct marketing industry and the apparel industry. Additionally, Mr. Russ consults with established and emerging companies in connection with e-commerce, financing, expansion, mergers and acquisitions, initial public offerings, strategic alliances and intellectual property issues.
In addition to his law practice, Mr. Russ serves as a member of the Board of Directors of American Rag Cie. Mr. Russ has also served on the Board of Tarrant Apparel Group (TAGS) and regularly participates as a consultant to various Boards of Directors in connection with business management and legal issues.
The Captains of the Fashion Industry Lecture Series is organized by the USC Marshall School of Business and the USC Roski School of Fine Arts and is sponsored by Mark Werts. The series began in February, 2008, with a lecture by Millard “Mickey” Drexler, Chairman and CEO of J. Crew Group and former CEO of Gap Inc. Since then, the Captains of the Fashion Industry Lecture Series has hosted an impressive roster of fashion magnates, including Robert Hanson, President of Levi Strauss Americas; Mossimo Giannulli of Mossimo; Bob McKnight, cofounder, Chairman of the Board, President, and CEO of Quiksilver; Jerome Dahan, founder and CEO of Citizens of Humanity; and Adriano Goldschmied, cofounder of Diesel S.p.A. Lectures and panel discussions in the series have covered a wide range of fashion-related topics and issues, from creative design, to brand building, to business decisions, attracting attention from students, faculty, the fashion industry, and the press.
For more information, please contact Donna Stein, USC Roski School of Fine Arts, at 213-740-6261 or donna.stein@usc.edu.
August 5, 2009
Brando Trust Wins Victory in State of California Court of Appeal
Court Rules Against Appellant Deborah Brando Ruling Plaintiff’s Attempt to Disturb the Closed Estate of Marlon Brando Was Improper
BEVERLY HILLS, CA–(Marketwire – August 5, 2009) – The State of California Court of Appeal has ruled in favor of the Brando Trust and decided against an appeal made by plaintiff Deborah Brando (nee Presley) who petitioned to revoke the decision of the probate May 2007 court orders upholding Avra Douglas, Larry Dressler and Mike Medavoy as co-executors of the Brando Estate.
The Court of Appeal decision represents the third failed attempt by the Plaintiff to challenge the will and reopen the estate. The Plaintiff’s original challenge was denied when the probate court dismissed her first attempt on January 16, 2008.
The Plaintiff filed her second attempt on January 28, 2008. On May 29, 2008, the probate court dismissed her second petition because she did not have standing to seek the revocation of Marlon Brando’s codicil previously admitted to probate; she was barred from seeking revocation because the applicable statute of limitations had expired; and she had not provided grounds sufficient for the probate court to grant the relief she requested.
Stemming from her failed second attempt, the Plaintiff filed her petition to the State of California Court of Appeal, which heard oral arguments on the appeal on July 23, 2009. The Court of Appeal issued its unanimous decision on July 30, 2009, seven days later.
The Court of Appeal’s decision affirms the probate judgment on two grounds: (1) The petitioner does not have standing to challenge the will; and (2) her attempt to challenge the will is untimely. The Court of Appeal awarded Douglas, Medavoy and Dressler their costs on appeal.
The Court of Appeal’s decision affirms that Plaintiff’s attempt to disturb the closed estate of Marlon Brando was improper as a matter of law. The opinion also confirms that Plaintiff has no interest in the Estate of Marlon Brando and that her attack on the closed estate is untimely.
Michael S. Brophy, litigation partner at Russ, August and Kabat, is the attorney that handled the appeal for the discharged co-executors. Brophy is also handling related civil litigation filed by Deborah Brando (nee Presley). Elizabeth A. Bawden, partner at Larson & Bawden LLP, handled the underlying probate proceeding.
Brophy states: “The Court of Appeal’s opinion confirms that the probate court orders are the final word on these estate issues. Avra Douglas, Mike Medavoy, and Larry Dressler served as co-executors of the valid will of Marlon Brando and in that capacity acted appropriately under the terms of the will and the laws of the State of California.”
Brophy added: “It is unfortunate that the appellant continued to seek to disturb the closed estate, even after the probate court explained that her action was inappropriate. The probate statutes are designed to provide certainty and to prevent untimely attacks like these. The statutory protections and procedures prevent disinterested parties from using untimely, false accusations to disturb settled transactions and distributions.”
“We are delighted by the ruling of the Court of Appeal and look forward to continuing to carry out all of our responsibilities as co-trustees according to Marlon Brando’s wishes. We have dealt with numerous lawsuits involving Marlon Brando’s Estate since 2004 and we look forward to having the one remaining lawsuit resolved in the very near future so that the Trust can focus its time, attention and valuable resources on building a strong and successful business on behalf of the beneficiaries,” said the Brando Trust.
Source: Brando Trust
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.