Jenner & Block

  • Epic Systems Corp. v. Tata Consultancy Services Ltd.: Won a $940 million jury verdict for Epic Systems Corp., a leading health care software company, in a substantial corporate espionage case. The verdict represented the largest verdict of any kind in Wisconsin’s history, and one of the largest trade secrets verdicts in US history.
  • Marshall, et al. v. ESPN, et al.: Represented a leading sports media licensing firm in a putative class action brought by former NCAA college athletes alleging antitrust and right of publicity violations. The defendants successfully obtained a dismissal of all claims and secured a victory in the US Court of Appeals for the Sixth Circuit.
  • Move, Inc. v. Zillow: On behalf of News Corp subsidiary Move, Inc., achieved a $130 million settlement on the first day of trial in a matter involving the three most prominent websites and companies in the online real estate industry. The case included claims for the misappropriation of trade secrets, breach of fiduciary duty, unfair business practices, breach of contract, contractual interference and other claims.
  • Sports Television Networks: Advised media companies on strategic joint ventures, rights agreements and related arrangements with professional sports teams. These included a majority of Major League Baseball’s “Biggest Cable Deals” and “Most Valuable Television Deals,” as recognized by Forbes, as well as deals innovative in their time, including the launch of the Big Ten Network.
  • Class Action Litigation: Defended dozens of consumer class actions for leading global companies, including Clorox, Kraft, Kellogg, Mondelez, Groupon and J.M. Smucker, among others.
  • MLB In-Market Streaming Rights: Advised Fox Sports Net and its regional sports networks in the acquisition from Major League Baseball Advanced Media (MLBAM) of rights to stream to mobile devices live telecasts of local MLB team games via Fox Sports Go and other authenticated platforms, commencing with the 2016 MLB season.
  • Waverly Scott Kaffaga v. Thomas Steinbeck, et al.: A team of lawyers from the Los Angeles and New York offices won a federal jury verdict of $13.15 million in damages for the Estate of Elaine Steinbeck, the late third wife of author John Steinbeck, in a weeklong trial over the rights to the writer’s works.
  • Law Firm Representation: Represented numerous leading global law firms in sensitive and high-stakes matters, earning our reputation as the “lawyer’s lawyers.”
  • WNET v. Aereo (ABC v. Aereo): In a case of critical importance to the television industry, we represented a consortium of broadcast television companies at every stage of litigation in a copyright case against Aereo, Inc., a company that captured over-the-air television programming and retransmitted that programming over the Internet without the authority of the copyright owners. The Supreme Court ruled in favor of our clients, resulting in a monumental win for broadcasters and copyright owners.
  • Fox Television Stations v. FilmOn X: Represented Fox Television Stations, which, with other broadcast networks, sued websites Aereokiller, FilmOn X and affiliate companies, for copyright infringement for streaming broadcast television signals over the internet without permission. After the Ninth Circuit overturned a district court ruling that had favored the websites, the parties settled on May 15, 2017 with the defendants stipulating to the entry of a permanent injunction precluding them from streaming the plaintiffs’ programming.
  • Yankees Entertainment and Sports (YES) Network: Represented Twenty-First Century Fox in its initial minority investment, as well as subsequent acquisition of a controlling interest, in the YES Network. Reported by Forbes at $3.4 billion, this transaction ultimately resulted in a joint venture between Fox Networks Group and an affiliate of the New York Yankees and was negotiated alongside a long-term media rights agreement.
  • Sirius XM Radio Inc. v. SoundExchange, Inc. et al.: Defended SoundExchange from antitrust claims filed by satellite radio giant Sirius XM, reaching a settlement to end the litigation before trial.
  • Aftershock Acquisition: Represented FoxNext, the immersive experiences division of Twenty-First Century Fox, in its acquisition of Aftershock, a leading creator of mobile games with studios in Los Angeles and San Francisco. The transaction was FoxNext’s first acquisition, following its formation that combined the video game, augmented/virtual reality and location-based assets of Twentieth Century Fox Film and Fox Networks Group. We also advised on the initial structuring and formation of FoxNext.
  • In re: National Collegiate Athletic Association Athletic Grant-in-Aid Antitrust Litigation: Represented Fox Broadcasting Company, Fox Cable Networks, Inc. and Fox International Channels (US) Inc. in connection with a multidistrict antitrust litigation challenging the NCAA’s amateurism rules against paying student athletes for playing football and basketball.
  • Leslie Weller v. Gillian Flynn et al.: Represented Twentieth Century Fox Film Corp., author Gillian Flynn, director David Fincher and producers Reese Witherspoon and Bruna Papandrea in securing the dismissal of a copyright infringement lawsuit filed in the Northern District of Illinois against our clients who wrote, produced, and directed the critically acclaimed movie Gone Girl based on Gillian Flynn’s best-selling novel.
  • Tanksley v. Daniels:  Defended Fox Broadcasting, Lee Daniels, and Danny Strong in a case brought by an aspiring actor and director who had created a TV pilot.  Claiming the Fox drama Empire copies his proposed pilot, the plaintiff sued for direct copyright infringement, contributory infringement, negligence and fraud. The court granted the defendants’ motion to dismiss the complaint with prejudice, with the Third Circuit upholding the ruling.
  • Brighter Sky Productions v. Marriott International: Defended a number of individual and corporate defendants in a copyright infringement lawsuit in West Virginia federal court, arising from the performance of the NBCUniversal stage musical October Sky in 2015 at the Marriott Lincolnshire Theatre near Chicago. The case was dismissed.

Los Angeles

633 West 5th Street
Suite 3600
Los Angeles, CA 90071-2054
Phone: 213 239-5100
Fax: 213 239-5199