Representative Matters
- Represented a prominent cryptocurrency investor who had $24 million of cryptocurrency stolen by a 15-year-old hacker who breached AT&T’s customer security system by executing a “SIM swap.” The hacker was aided in accessing its customers’ accounts by an AT&T retail store employee who was bribed with $200. The lawsuit was filed in 2018. The federal judge granted two motions to dismiss and then a motion for summary judgment. The trial court ruled that the Federal Communications Act did not protect the personal information on the victim's phone that the hacker had commandeered. Mr. Terpin appealed, arguing that the hacker gained control of his phone number through a fraudulent SIM swap, received password reset messages for his online accounts, and stole $24 million in cryptocurrency. In the first-of-its-kind precedential decision, the Ninth Circuit reversed the grant of summary judgment and remanded the case for trial. The Court of Appeal held that Section 222 of the Federal Communications Act imposes a duty on telecommunications carriers to protect “customer proprietary network information” (CPNI). Thus, the telecom giant can be liable for damages when it allows a hacker to get into its system, access the customer's AT&T account, steal the CPNI, and thereby purloin his assets. Following remand, the case settled. Terpin v. AT&T Mobility, LLC, 118 F.4th 1102 (2024).
- Obtained unanimous Second Circuit Court of Appeal decision affirming order granting summary judgment and dismissing defamation claims against clients Barstool Sports, Inc., Dave Portnoy and other Barstool personalities in high-profile defamation and fraud lawsuit in the Southern District of New York brought by actor Michael Rapaport arising out of a failed business relationship between the parties and related public comments and social media posts. Rapaport v. Barstool Sports Inc., No. 22-2080-cv (2024)
- Prevailed on appeal involving question of statutory interpretation, achieving reversal of trial court ruling that had precluded our client, the Canyon City Foundation, a community non-profit organization in Azusa, from collecting transfer fees from home sales in order to fund its operations. In reversing the trial court, the Court of Appeal adopted our interpretation of the relevant law and ruled that our client was entitled to continue collecting the transfer fees from each sale, allowing our client to continue funding its charitable efforts. Abella et al. v. Canyon City Foundation, Court of Appeal, Second District, No. B339618 (2024)
- Secured order compelling dispute to arbitration after two successful appeals to the Nevada Supreme Court on behalf of Golden Boy Promotions, the boxing promotion company founded by world champion boxer Oscar de la Hoya, in connection with a lawsuit brought by professional boxer, Shane Mosley. Mosley contended that Golden Boy wrongfully redeemed Mosley’s shares in Golden Boy after Mosley chose to no longer have his professional fights promoted by Golden Boy. Pound for Pound Promotions Inc. vs. Golden Boy Promotions Inc. (2023)
- Successfully defended favorable ruling from the Trademark Trial and Appeal Board (“TTAB”) in the Federal Circuit Court of Appeals for the licensor of trademark rights in the popular YOGI TEA brand. The TTAB ruled that our client’s co-owner improperly attempted to register the trademark YOGI for certain beauty and wellness products because she didn’t get the consent of our client or submit the application jointly with our client. The decision, which was affirmed in full by the Federal Circuit Court of Appeals, helped cement the trademark rights of our client in the face of attempted encroachment by the other co-owner. Puri v. Yogi Bhajan Administrative (2021).
- Secured a unanimous trial and then appellate victory in the Singapore International Commercial Court. The client, a plaintiff in a high stakes dispute at the intersection of bankruptcy law, business litigation, and trust law retained Greenberg Glusker as counsel on U.S. bankruptcy law issues. Alongside Singaporean lead counsel and corresponding experts on U.S. trust and estates law, our firm was part of the team that assisted with briefing and argument on U.S. bankruptcy law in the Singaporean trial and appellate court. The judgment, which was then affirmed on appeal, resulted in a finding that a trust valued at over $40M was beneficially owned by our client. (2021)
- Successfully represented Fifty-Six Hope Road Music, Ltd. and Hope Road Merchandising, owners of the rights to Bob Marley’s name, image, likeness, and music, in obtaining dismissal of a lawsuit filed by Royal Palm Filmworks over an unauthorized biopic. After receiving a cease and desist letter warning that the proposed film did not have the rights to use Marley’s images or music, Royal Palm filed an action claiming the estate had interfered with its production. The court granted the motion to dismiss without leave to amend. The case is notable in the developing area of law surrounding biopics, where celebrities have increasingly sought to stop producers from capitalizing on their fame. Royal Palm Filmworks, Inc. v. Fifty‑Six Hope Road Music, Ltd., No. 17‑56313 (2019)
- Successfully defended Univision Communications Inc. in a case brought by Jenni Rivera Enterprises, owner of Jenni Rivera’s intellectual property rights, arising out of Univision’s publication of allegedly confidential information in a 26-episode series about the late singer. Plaintiff alleged that Rivera’s former manager breached a non-disclosure agreement and Univision is alleged to have induced that breach. Univision appealed following the trial court’s denial of its anti-SLAPP motion. In a published opinion, the California Court of Appeals reversed, holding that the First Amendment provided a complete defense. A group of leading law professors and First Amendment lawyers successfully petitioned the Court of Appeals to publish the decision because of its importance. Jenni Rivera Enterprises, LLC v. Latin World Entm't Holdings, Inc., 36 Cal. App. 5th 766 (2019)
- Prevailed on behalf of Toho-Towa Co. Ltd. in a dispute concerning the distribution in Japan of the motion picture The Good Shepherd. The case resulted in a published opinion from the California Court of Appeal (July 2013) addressing alter ego liability issues.
- Successfully represented Starpoint Properties, LLC, a Los Angeles real estate development and management company, in connection with numerous lawsuits seeking to recover more than $8 million in loans made to Ezri Namvar and his related businesses and family members. Starpoint Properties, LLC v. Namvar, 201 Cal. App. 4th 1101 (2011)
- Represented the world-famous entertainer Michael Flatley in a claim for civil extortion and intentional infliction of emotional distress against a lawyer who threatened to accuse Flatley of various crimes if Flatley did not pay his client millions of dollars. In response, the lawyer filed an anti-SLAPP motion, which was denied and appealed all the way to the California Supreme Court. We prevailed, and the published decision, Flatley v. Mauro, is one of the seminal cases in anti-SLAPP law, which established that the anti-SLAPP statute does not apply to conduct that is illegal as a matter of law. Flatley v. Mauro, 39 Cal. 4th 299 (2006)
- On trial team for Unocal Corporation in defense of CERCLA cost recovery action; briefed successful motion for summary judgment and Ninth Circuit appeal on grounds that plaintiff had failed to satisfy RI/FS and public participation elements of the NCP. Ninth Circuit unanimously affirmed, holding in a precedential decision that NCP compliance is a prima facie element of a CERCLA section 107(a) cost recovery claim. See Carson Harbor Village, Ltd. v. Unocal Corporation, 433 F. 3d 1260 (2006) Carson Harbor Village, Ltd. v. Unocal Corp., 287 F. Supp. 2d 1118 (C.D. Cal. 2003).
