Blog« back to blog homeSubscribe to RSS feed
Early Sullivan Selected to 2020 Edition of Benchmark Litigation California
Category: Awards | Tuesday, October 15th, 2019 | Comments Off on Early Sullivan Selected to 2020 Edition of Benchmark Litigation California
The firm is honored to be been profiled in this year’s edition of Benchmark Litigation California, in the area of Entertainment. Benchmark Litigation is the definitive guide to the market’s leading litigation firms and lawyers.
To view the firm’s profile on the Benchmark Litigation site, click here.
Devin McRae Quoted in Los Angeles Business Journal
Category: News, Publications | Friday, October 4th, 2019 | Comments Off on Devin McRae Quoted in Los Angeles Business Journal
Kailin Che Quoted in CBC Article
Category: News | Friday, September 27th, 2019 | Comments Off on Kailin Che Quoted in CBC Article
Kailin Che was recently quoted in the CBC article “B.C.’s housing speculation tax faces first major legal challenge” The article details a lawsuit filed by homeowners asserting that British Columbia’s speculation tax is unconstitutional.
Kailin, an attorney working on the lawsuit, states “I believe this petition is the first step to building a larger constitutional challenge that might evolve into a greater class action… And we anticipate there will be other lawsuits to follow.”
Early Sullivan Prevails on Behalf of Client My Instant Guru (“MIG”) Regarding Data Storage Master Service Agreement
Category: News, Press, Results | Friday, August 23rd, 2019 | Comments Off on Early Sullivan Prevails on Behalf of Client My Instant Guru (“MIG”) Regarding Data Storage Master Service Agreement
After a week-long arbitration, in Arya Group vs. My Instant Guru, the Hon. Richard A. Stone (Ret.) ruled in favor of Early Sullivan client, My Instant Guru (“MIG”), in its dispute with high-end architectural firm Arya Group, which was seeking damages just south of $50 million. Scott Gizer acted as lead counsel for MIG in the arbitration.
Arya claimed that MIG, which Arya hired for networking, backup, and disaster recovery services, set up a faulty computer network and failed to maintain sufficient backups for MIG’s files. As a result, when Arya’s server crashed, Arya claims to have lost all of its data, including architectural drawings (CAD files) that would cost tens of millions of dollars to recreate. Arya alleged five claims against MIG: (1) a breach of contract claim based on MIG’s alleged failure to maintain backups; (2) a negligence claim based on MIG’s purported duty; (3) breach of fiduciary duty; (4) negligent misrepresentation; and (5) fraud.
MIG argued that it fully performed as required and that the server crash and loss of data occurred because Arya failed to heed MIG’s warnings and follow MIG’s advice. Based upon the testimony of the parties and witnesses, the documentary evidence and the arguments of counsel, the Arbitrator ruled in favor of MIG regarding Arya’s claims against it. “Arya failed to heed MIG’s explicit and repeated advice regarding the server upgrade,” the ruling reads. The arbitrator found “there were simply too many opportunities for Ayra to protect itself, or allow MIG to protect it, to permit a finding for Arya in this matter.”
Eric Early Recognized in the Los Angeles Business Journal’s 2019 “Top Litigators & Trial Lawyers”
Category: Awards, News | Monday, August 19th, 2019 | Comments Off on Eric Early Recognized in the Los Angeles Business Journal’s 2019 “Top Litigators & Trial Lawyers”
Early Sullivan Managing Partner Eric Early has been named to the Los Angeles Business Journal’s 2019 “Top Litigators & Trial Lawyers.” LABJ noted Eric’s regular representation of Fortune 500 real estate companies and individuals. The prestigious issue also highlights Eric’s political endeavors, mentioning his 2020 run for Congress after receiving almost one million votes running for California’s Attorney General in 2018.
Please click here to see the full publication.
Eight Early Sullivan Attorneys Named Best Lawyers In America
Category: Awards, News | Thursday, August 15th, 2019 | Comments Off on Eight Early Sullivan Attorneys Named Best Lawyers In America
Early Sullivan attorneys Eric Early, Bryan Sullivan, Scott Gizer, Devin McRae, Sophia Lau, Stephen Ma, Christopher Ritter, and David Giannotti have been recognized among the top lawyers in the nation in the 2020 edition of The Best Lawyers in America, one of the oldest and most distinguished guides to the legal profession.
The following attorneys earned a spot in the 2020 edition for their work in the following practice areas:
Eric Early: Commercial Litigation; Entertainment Law – Motion Pictures and Television; Entertainment Law – Music; Litigation – Real Estate
Bryan Sullivan: Commercial Transactions / UCC Law; Entertainment Law – Music
Scott Gizer: Commercial Litigation
Devin McRae: Entertainment Law – Motion Pictures and Television; Litigation – Intellectual Property
Sophia Lau: Commercial Litigation; Entertainment Law – Music; Litigation – Intellectual Property
Stephen Ma: Entertainment Law – Music
Christopher Ritter: Entertainment Law – Motion Pictures and Television; Litigation – Intellectual Property
David Gianotti: Environmental Law; Litigation – Environmental
“Best Lawyers” is one of the oldest and most respected guides to the legal industry. The selection process is based on a comprehensive peer-review process designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within common legal practices and geographical areas. Corporate Counsel magazine has called “The Best Lawyers in America” “the most respected referral list of attorneys in practice.”
Early Sullivan Prevails for Client Sun West in Bench Trial Over Defective Loan
Category: News, Press, Results | Friday, August 2nd, 2019 | Comments Off on Early Sullivan Prevails for Client Sun West in Bench Trial Over Defective Loan
Following a bench trial before the Honorable Dennis J. Landin, a statement of decision was issued in favor of Early Sullivan client Sun West regarding a defective loan it was sold by First Alliance Home Mortgage LLC (“First Alliance”). First Alliance entered into a correspondent agreement with Sun West through which First Alliance would sell loans to Sun West that Sun West would then sell on the secondary market to certain governmental entities, including Fannie Mae and Ginnie Mae. Sun West was required to repurchase the loan in question from Fannie Mae because it did not meet certain regulations relating to borrower reserves. When Sun West demanded that First Alliance repurchase this loan from Sun West, First Alliance refused to do so claiming that Sun West should have caught the borrower reserve problem before purchasing the loan because Sun West had underwritten the loan.
At the trial, First Alliance again argued Sun West was the underwriter, but the evidence at trial showed that First Alliance was the final underwriter of the loan and that Sun West only performed a more limited underwriting review. Further, the evidence established that even if Sun West personnel were engaged in duties similar to those of an underwriter, they were not given the information about the borrower’s insufficient cash reserves until after the time of closing and, thus, could not have caught the issue. Therefore, the judge ruled that First Alliance was obligated under the parties’ contract to repurchase the loan.
First Alliance further argued that Sun West did not sufficiently attempt to mitigate the damages. The court found this unpersuasive as Sun West was not obliged to sell the loan on the open market, and it made efforts to convince Fannie Mae to keep the loan and sought further documentation from First Alliance to rectify the deficiency, which was never produced. Additionally, Sun West proposed a “lender credit” to Fannie Mae to reduce the risk. Due to the reasons listed above the court ruled in Sun West’s favor stating it “did all it was required to do under the law.”
Click “Download PDF” to read order.
Kailin Che Quoted in CBC Article
Category: News | Tuesday, June 25th, 2019 | Comments Off on Kailin Che Quoted in CBC Article
Kailin Che was recently quoted in the CBC article “Air Canada imposes ‘no fly’ ban, demands $18K from woman after ticket scam.” The article details the legal battle between Air Canada and a customer who unknowingly purchased fraudulent airline tickets.
Supreme Court Strikes Down Ban on “Immoral” and “Scandalous” Trademarks
Category: News | Monday, June 24th, 2019 | Comments Off on Supreme Court Strikes Down Ban on “Immoral” and “Scandalous” Trademarks
This morning, the Supreme Court ruled on the Iancu v. Brunetti case stemming from clothing line FUCT’s unsuccessful efforts to obtain a trademark. The Supreme Court ruled that “the Lanham Act’s prohibition on registration of “immoral or scandalous” trademarks violates the First Amendment.” This follows the 2017 Supreme Court decision in Matal v. Tam in which the Court held in favor of Simon Tam, lead singer of the rock group “The Slants,” who chose his band’s moniker to “’reclaim’ the term and drain its denigrating force as a derogatory term for Asian persons.” The Supreme Court in that case affirmed the ruling of the en banc Federal Circuit that “the disparagement clause [was] facially unconstitutional under the First Amendment’s Free Speech Clause.” To the delight of some and the dismay of others, today’s revolutionary decision paves the way for FUCT and potentially other traditionally taboo monikers to apply for federal trademarks.
Peter Scott, Diane Luczon Named 2019 Southern California “Rising Stars” by Super Lawyers
Category: Awards | Friday, June 14th, 2019 | Comments Off on Peter Scott, Diane Luczon Named 2019 Southern California “Rising Stars” by Super Lawyers
The firm is pleased to announce that Peter Scott and Diane Luczon have been selected by Thomson Reuters as 2019 Southern California “Super Lawyers” Rising Stars. The “Rising Stars” distinction honors attorneys under the age of 40 in the Southern California region who earned the highest point totals in the “Rising Stars” nomination, research and blue ribbon review process.