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Bryan Sullivan Interviewed by Business Insider UK
Category: News | Monday, March 27th, 2017 | Comments Off on Bryan Sullivan Interviewed by Business Insider UK
Bryan Sullivan was recently the focal point of James Cook’s Business Insider article “A lawyer explains what you should do if your private photos are posted online.” Following the hacks of Emma Watson and other famous actresses earlier this month, a number of questions have been raised about privacy and copyright issues. In the article, Bryan explains the various options available to victims of hacking, which include sending copyright notices, litigation, and buying the rights to a leaked photo.
To read the full article, click here.
Bryan Sullivan Quoted in The Wrap on Snoop Dogg Video
Category: News | Thursday, March 16th, 2017 | Comments Off on Bryan Sullivan Quoted in The Wrap on Snoop Dogg Video
The Wrap recently asked Bryan Sullivan to comment on whether Snoop Dogg could find himself in legal trouble over his “Lavender” music video, in which the rapper shoots a Donald Trump lookalike with a toy gun. According to Bryan, it is unlikely Snoop will face any legal consequences.
To read the article with Bryan’s comments, click here.
Early Sullivan Obtains Summary Judgment on Behalf of Client in Class Action Insurance Matter
Category: News | Wednesday, March 8th, 2017 | Comments Off on Early Sullivan Obtains Summary Judgment on Behalf of Client in Class Action Insurance Matter
Judge Rules Insurance Premiums Were Reasonable
By Justin Kloczko
In a case that bucks the trend, a Los Angeles County judge has granted summary judgment to a mortgage lender accused of force-placing insurance policies on its borrowers in exchange for kickbacks.
The ruling ends a class action alleging Sun West Mortgage Co. Inc. forced inflated flood insurance premiums on its borrowers by colluding with Proctor Financial Inc., a Michigan lender-placing insurance company, in return for kickbacks to the mortgage company.
Judge John Shepard Wiley Jr. issued his oral tentative decision on March 2, ruling the price of the premium was reasonable and that plaintiffs submitted no evidence to prove a scheme. Johnson v. Sun West Mortgage Company Inc., BC541571 (L.A. Super. Ct., filed Aug. 21, 2015).
Plaintiffs’ attorney John M. Kennedy, of Garrell Law P.C., said he hopes to win the case on appeal.
“The trial court considered evidence not in the record. We established a triable issue that the price of the lender-placed insurance was not ‘necessary’ to protect the lender’s interests as it included charges that should not have been charged to the borrowers,” he said.
Scott Gizer, a partner at Early Sullivan Wright Gizer & McRae LLP, who represented Sun West, described the case as a “shotgun lawsuit to shake down a quick settlement.”
Plaintiffs alleged Sun West installed “unconscionably high” premiums, to the tune of 10 times more than the market rate, for borrowers with lapsed policies. Named plaintiff Charles Johnson, a retired police officer, canceled his insurance after a Sun West representative told him he didn’t need it, and was later hit with a $2,600 annual premium for being in default, plaintiffs said.
The lawsuit claimed five causes of action, including breach of contract and unjust enrichment.
Sun West said it showed evidence that the premium was in line with the market rate and even lower than what the federal government was offering.
“These lawsuits have been filed all around the country. We put in evidence that our client asked for competitive bidding on this insurance, got three bids, and picked the lowest one,” Gizer said.
Sun West attorneys said the company doesn’t have a legal obligation to find the lowest possible premium, but only to ensure the rate is reasonable.
Wiley agreed, striking from the record a report by the plaintiffs that alleged Sun West could have procured lower prices if it didn’t enter into contract with Proctor.
Gizer said the report was rife with generalities. “They’ve seemed to … do no due diligence, and hope something comes out in discovery,” he said of the lawsuit.
Davis Wright Tremaine LLP attorney Joseph E. Addiego II, who represented Proctor, did not return requests for comment.
The win for Sun West comes amid a number of cases in which mortgage lenders and insurers have paid multimillion-dollar settlements to resolve similar lawsuits.
Last month, HSBC Group agreed to pay $4 million to settle claims with the state of Massachusetts that it profited from commissions and kickbacks related to forced-placed insurance policies. In 2015, mortgage lender Ocwen Financial Corp. and insurance provider Assurant Inc. agreed to pay $140 million to settle a class action in which Ocwen was accused of inflating prices of force-placed insurance in exchange for kickbacks from Assurant.
This case, however, is different, said Gizer.
“They were creating insurance subsidiaries. That’s kind of how they were getting their kickbacks. They were keeping all their money in-house. We contracted it out to a third party to give us a lowest price,” said Gizer.
As appeared in Los Angeles and San Francisco Daily Journal
Bryan Sullivan Quoted in The Wrap
Category: News | Thursday, March 2nd, 2017 | Comments Off on Bryan Sullivan Quoted in The Wrap
Bryan Sullivan was recently quoted in Brian Flood’s The Wrap article “Michael Rapaport Escalates Beef With ESPN’s ‘Twinkie-Eating F-Boy’ Dan Le Betard,” which discusses whether the sports show host could be sued for defamation after falsely claiming the actor had a sexually transmitted disease on Twitter. According to Bryan, there is a possibility of litigation because such a claim would constitute defamation per se.
“Just because it happened over Twitter rather than orally or in print makes no difference,” said Bryan. “It has been coined Twibel – libel through Twitter.”
To read the full article, click here.
Devin McRae Quoted in The Hollywood Reporter on Oscars Flub
Category: News | Tuesday, February 28th, 2017 | Comments Off on Devin McRae Quoted in The Hollywood Reporter on Oscars Flub
Devin McRae was quoted in The Hollywood Reporter regarding the infamous 2017 Oscars blunder that incorrectly awarded “La La Land” with the “Best Picture” award rather than the actual winner, “Moonlight.” PricewaterhouseCoopers, the accounting firm that has tallied Academy votes and delivered results for the past 83 years, has formally accepted responsibility for the error. According to Devin, the mistake isn’t likely to go to litigation, but the Academy could theoretically accuse PricewaterhouseCoopers of breaching a duty of care.
“The contract could have spelled out the duties of PricewaterhouseCoopers including an obligation to present the right results,” said Devin. “They’ve been doing this so long, they might have developed a contract that’s really detailed. The Academy might attempt to get a price break, telling PWC, ‘You have to take a hit. This is the worst possible error you can make.’”
To read the full article, click here.
Devin McRae’s Onza Partners/NBC Copyright Lawsuit Featured in Multiple Publications After Judge Refuses to Dismiss Case
Category: News | Thursday, February 16th, 2017 | Comments Off on Devin McRae’s Onza Partners/NBC Copyright Lawsuit Featured in Multiple Publications After Judge Refuses to Dismiss Case
Devin McRae’s representation of Spanish producer Onza Partners was featured in Ashley Cullins’ Hollywood Reporter article “‘Timeless’ Lawsuit Survives Motion to Dismiss”; Ted Johnson’s Variety article “Judge Refuses to Dismiss ‘Timeless’ Copyright Lawsuit”; and Dominic Patten’s Deadline article “NBC & Sony’s Move To End ‘Timeless’ Ripoff Suit Rejected – For Now.”
Devin represents Onza Partners in its lawsuit claiming that NBC’s TV show “Timeless” rips off the storyline of Spanish series “El Ministerio del Tiempo.” U.S. District Court Judge Steven Wilson denied Sony and other defendants’ motion to dismiss Onza Partners’ lawsuit.
Devin McRae Quoted Extensively in USA Today on Johnny Depp Fraud Lawsuit
Category: News | Wednesday, February 1st, 2017 | Comments Off on Devin McRae Quoted Extensively in USA Today on Johnny Depp Fraud Lawsuit
USA Today recently asked Devin McRae to comment on actor Johnny Depp’s lawsuit against former business management company The Management Group, which alleges fraud, negligence, breach of fiduciary duty, and more. In response to the filing, TMG filed a countersuit claiming that Depp alone is responsible for his financial troubles. According to Devin, disputes of this kind in the industry are not uncommon, due to the substantial amount of trust that entertainers place in their business managers.
“The client has an expectation that, ‘I don’t have to review bank statements every month or manage my manager,’” said Devin. “You’re ceding a significant amount of money to (managers) to take care of everything for you, for typically a 5% fee, and for a high earner that’s a lot of money. What other situation do you do that? With that comes a lot of opportunity for malfeasance.”
To read the full article and the rest of Devin’s comments, click here.
Four Early Sullivan Attorneys Named 2017 Southern California “Super Lawyers”
Category: News, Press | Tuesday, January 24th, 2017 | Comments Off on Four Early Sullivan Attorneys Named 2017 Southern California “Super Lawyers”
The firm is pleased to announce that several of its attorneys have been selected by Thomson Reuters as 2017 Southern California “Super Lawyers.” The “Super Lawyers” distinction is given annually to the nation’s most outstanding attorneys, based on peer recognition, professional achievement, and independent research. Only the top 5% of lawyers in each state are selected to receive this honor.
The following attorneys have been recognized as “Super Lawyers” for their expertise in these practice areas:
Eric Early – Business Litigation, Entertainment & Sports, Securities Litigation (2005-2017)
Stephen Ma – Business Litigation (2014-2017)
Devin McRae – Entertainment & Sports, Intellectual Property Litigation, Business Litigation (2016-2017)
Bryan Sullivan – Entertainment & Sports, Business Litigation, Business/Corporate (2015-2017)
Devin McRae’s NBC, Onza Partners Copyright Lawsuit Featured in The Hollywood Reporter
Category: News | Monday, January 23rd, 2017 | Comments Off on Devin McRae’s NBC, Onza Partners Copyright Lawsuit Featured in The Hollywood Reporter
Devin McRae’s representation of Spanish producer Onza Partners was featured in Ashley Cullins’ Hollywood Reporter article “Spanish Producer Fires Back at Motion to Dismiss ‘Timeless’ Lawsuit,” which details the company’s suit against Sony and NBC Universal over the hit sci-fi drama “Timeless.”
“This copyright action does not deal with a fly-by-night producer alleging that his generic idea for a reality TV show was copied by a major network,” wrote Devin in an opposition to the motion to dismiss. “Instead, this case is about an infringing knock-off of a fully produced, internationally broadcast and licensed Spanish time travel adventure television series entitled ‘Ministerio del Tiempo’ created while negotiations for an American version were taking place.”
The case was also covered in Dominic Patten’s Deadline article “NBC & Sony Want ‘Timeless’ Ripoff Lawsuit Made History” and Ted Johnson’s Variety article “Producer Claims NBC’s ‘Timeless’ Infringes on Spanish Series.”
To read the full article, click here.
Scott Gizer’s 4 Corners Holdings LLC v. Nazarian Case Featured in Los Angeles Business Journal
Category: News, Press | Wednesday, January 18th, 2017 | Comments Off on Scott Gizer’s 4 Corners Holdings LLC v. Nazarian Case Featured in Los Angeles Business Journal
Scott Gizer’s representation of 4 Corners Holdings was featured in Henry Meier’s Los Angeles Business Journal article “Investor Claims Being Locked Out of Hotel Sale,” which details the alleged self-dealing by SBE Entertainment Group hotelier Sam Nazarian.
“The case is about the defendant breaching his fiduciary duty and misrepresenting how much my clients would make (on the SLS deal). We are very confident that at trial our claims will be borne out,” Gizer said.
The case (4 Corners Holdings LLC v. Nazarian et al., case number BC579079, in the Superior Court of the State of California, County of Los Angeles) was also covered in Matthew Perlman’s Law360 piece “SBE’s Nazarian Heading To Trial Over Miami Hotel Deal.”
Click “Download PDF” to read the full article.