CBM Attorney Will Present a Program in Germany entitled: "Benefitting from International Licensing - Focus USA"

Dr. Siegmar Pohl will give a presentation entitled "Benefitting from International Licensing - Focus USA" for medianet Berlin-Brandenburg, an association of media and technology companies in Germany's capital region. Dr. Pohl will guide participants through legal and practical issues Germans face when they do business in the U.S. Do I have to register copyrights, trademarks, designs or patents in the U.S.? Is it useful to establish a U.S. subsidiary? What liability risks exsist and what strategies can I use to protect myself and my IP? The presentation, followed by a discussion, will take place on May 21, 2008 from 6-8 pm at H/D/I - Gerling, Krausenstraße 9-10, in Berlin. For further information on attending the presentation please visit www.medianet-bb.de.

CBM Partner Receives Ph.D.

Carroll, Burdick & McDonough would like to congratulate Partner, Dana Beldiman, who successfully defended her Doctor of Law thesis in Germany and will be awarded her degree magna cum laude. The firm now boasts 4 partners who possess a Doctor of Law degree: Dr. Matthew Kemner, Dr. Alexander Imberg, Dr. Siegmar Pohl, and Dr. Dana Beldiman.

Partner Obtains Reversal of $21.5 Million Judgment

David Rice obtains Ninth Circuit reversal of a $21.5 million judgment against Golden Channels, a cable TV company in Israel.

After a bench trial handled by another firm, the federal district court in Los Angeles had ruled that Golden Channels breached a contract with Warner Brother International Television to supply cable TV programs. Based on estoppel, implied contract, and anticipatory repudiation theories, the district court awarded Warner over $21.5 millions dollars in past and future damages, including attorney fees and costs.

Before the Ninth Circuit, Mr. Rice persuaded the three-judge panel that the district court's legal conclusions were not supported by it own factual findings or the record. In a decision issued April 15, 2008, the Ninth Circuit reversed the judgment and held that Golden Channels did not breach its contract, remanding the case to the district court for further proceedings consistent with that decision. Click here to review the 9th Cir. opinion.

CB&M represents international companies, including Israeli companies, doing business in the United States, in commercial & business disputes and business transactions. If you would like to know more about our Israeli practice, please contact ocohen or at 415-743-2551. Ms. Cohen-Supple is the Vice Chair of CB&M's Commercial Litigation Group and is licensed to practice both in Israel and California.

Partners' Jurisdictional Expertise Protects German Client

In the face of a commercial complaint seeking hundreds of millions of dollars, partners Matthew Kemner, Troy Yoshino, and David Rice protected a major corporate client from ever needing to answer. Following their own win before the trial court, where they quashed service of the summons for lack of personal jurisdiction, Matthew, Troy and David secured affirmance from the Second District Court of Appeal in Los Angeles. The plaintiff, a California company, alleged that our client interfered with its prospective business relations, in connection with its effort to become a U.S. distributor of fuel-efficient cars manufactured in Europe. On a complex factual record -- considering even the evidence to which our team successfully objected in the trial court -- the Court of Appeal agreed that the plaintiff had failed to show our client had sufficient contacts with California to subject it to jurisdiction here.

Binion Published in Coverage

Robert Binion recently published an article on nanotechnology and insurance coverage issues in Coverage, the publication of the Insurance Coverage Litigation Committee of the American Bar Association. The article discusses the hypothetical risks of nanotechnology, which has been compared to asbestos, as well as the coverage issues implicated by unique aspects of nanotechnology. Mr. Binion will be speaking on these issues at the ABA conference in February 2008 in Tucson, Arizona. read article

Team Wins Summary Judgment for Insurer and Prevails on Appeal

Partners Jack T. Friedman, Laurie J. Hepler and Larry B. Panek secured a summary judgment victory – now final after all appeals – for their client Fidelity and Guaranty Insurance Company ("F&G"). The win established that F&G had no duty to defend or indemnify its insured with respect to an accident that resulted in a death and catastrophic injuries.

CBM's client insured a car dealership, whose employee rented a vehicle from the dealership's sister entity. The employee was involved in an accident that caused his own death and substantial injuries to his passenger. The passenger and the employee's survivors sued the car rental agency and the insured dealership. The dealership tendered the suit to F&G for defense and indemnity. Reserving its right to contest coverage and to seek reimbursement, F&G agreed to defend its insured, and eventually paid its policy limit to settle the underlying suit with the injured parties.

Represented by Friedman and Panek, F&G then pursued and won a summary judgment of no coverage. The insured appealed that judgment to California's First Appellate District, Division 5, but Hepler defeated that appeal as well as a subsequent petition for Supreme Court review that attracted several amici on the insured's side.

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