Devin A. McRae

Devin McRae is a business litigator with an emphasis in entertainment, intellectual property, partnership and employment disputes, including those concerning breach of contract, breach of fiduciary duty, copyright and trademark infringement, idea submission, royalties and participations, representation agreements, performer agreements, operating agreements, distribution agreements, trade secrets, discrimination, harassment and wrongful termination. Mr. McRae also has extensive experience in real estate, investment and insurance coverage-related disputes.

His clients include prominent artists, actors, writers and producers; production companies; law firms; talent agents and agencies; talent managers and management firms; television networks; accounting firms; and insurance companies. In connection with his representation of clients in the television industry, Mr. McRae is a member of the Academy of Television Arts & Sciences. He is routinely called upon by the media to provide commentary on high profile issues of entertainment law and litigation. He has been selected for inclusion in Southern California Super Lawyers Editions each year since 2016, Southern California Super Lawyers–Rising Stars Editions 2009, 2011-2015, and has been named in The Best Lawyers in America© each year since 2016 for Intellectual Property Litigation and each year since 2019 for Entertainment Law – Motion Pictures and Television. In 2016, the Daily Journal selected Mr. McRae as one of California’s “Top 40 Under 40” lawyers. Mr. McRae is AV Preeminent Peer Review Rated by Martindale-Hubbell.

Mr. McRae’s success as a trial lawyer started early while in his fifth year of practice he single-handedly obtained a $6 million trial verdict on behalf of his client. In addition to significant trial and arbitration experience, Mr. McRae has successfully briefed and argued matters before the California Courts of Appeal and the Ninth Circuit Court of Appeals.

Prior to co-founding Early Sullivan, Mr. McRae practiced at the Los Angeles Glaser Weil firm and international firms Dorsey & Whitney and LeBoeuf, Lamb, Greene & MacRae. He received his law degree in 2002 from UCLA School of Law. He received a Bachelor of Arts degree in Economics from the University of New Mexico where he graduated summa cum laude and was a member of Phi Beta Kappa.

Prior to law school, Mr. McRae was an amateur boxer and competed in the Los Angeles Golden Gloves competition. He lives in Manhattan Beach with his wife and three children. In his free time, he enjoys surfing, and training and competing in Brazilian jiu jitsu.

• Representing artist Tony Moore in dispute with Robert Kirkman relating to creation and copyright ownership of “The Walking Dead.”
• Representing executive producers of “The Glass House” in defeating an effort by CBS to enjoin the show based on allegations of copyright infringement and misappropriation of trade secrets.
• Representing Endemol in defense of copyright and trademark infringement action relating to “Wipeout.”
• Representing the producer of “Scare Tactics” in dispute concerning foreign distribution agreements.
• Representing various artists in connection with intellectual property and contract rights, resolving numerous matters prior to litigation.
• Representing owner of “Terminator” movie franchise in dispute over performance of executive producer contract.
• Representing Fidelity in defense of wrongful termination and ERISA actions.
• Obtaining summary judgment of bad faith claim for credit insurer based on application of genuine dispute doctrine in LG Infocomm U.S.A., Inc. v. Euler Am. Credit Indem. Co, 419 F. Supp. 2d 1248 (S.D. Cal. 2005).
• Obtaining $6 million trial judgment for plaintiff in professional negligence action.
• Obtaining summary judgment for corporate board of directors and officers in shareholder direct and derivative action alleging fraud and breach of fiduciary duty; obtaining affirmation on appeal.
• Representing investors in securities fraud arbitration.
• Representing Fidelity, Chicago Title, Lawyers Title, Ticor Title, and their insureds in various real estate and property litigation.
• Representing luxury condominium developer in complex disputes with joint venture partners and lenders.
• Obtaining reversal of removal order in Desire v. Gonzales, 245 Fed. Appx. 627 (9th Cir. 2007) (pro bono).