Mitchell A. Kamin

• Obtained summary judgment for Sony Music Entertainment, with dismissal of all contract and intellectual property claims brought by former music manager regarding 70’s rock act.
• Represented an international video game publisher in copyright infringement claims by major record labels and publishing companies regarding licensing of sound recordings and compositions. Successfully resolved all claims without litigation.
• Obtained summary judgment for a Chinese pharmaceutical client whom a competitor had sued for trademark infringement. Following targeted discovery and an early motion for summary judgment, the court dismissed all of the competitor's causes of action and invalidated the competitor's mark.
• Represented Azusa Pacific University in a variety of matters, including a civil suit against a former asset manager who misused his position and violated his fiduciary duties to the university. Achieved favorable settlement including repayment of improperly obtained funds.
• Defended a jury consulting firm against international insurance company alleging billing fraud over fifteen year professional relationship. Successfully resolved civil lawsuit and secured non-prosecution of related federal criminal investigation.
• Represented ballot initiative sponsors in a high-profile First Amendment case in the U.S. Court of Appeals for the Ninth Circuit, which upheld the district court order refusing to enjoin Measure B, a Los Angeles County ballot initiative passed by voters in 2012 that aims to prevent the spread of sexually transmitted diseases.
• Successfully moved a residential real estate transaction case from court to arbitration after a pre-emptive suit from the plaintiff and prevailed on all claims, including breach of contract and fraud, at arbitration. Notwithstanding adversary’s claim that a liquidated damages provision limited recovery, obtained an award more than three times the amount of the provision, as well as punitive damages for fraud.

Advisory Work

• Regular advise major film and television content creators in disputes with distributors.
• Leading internal “culture review” for major entertainment company, to develop and reinforce workplace policies that promote diversity and inclusion and mitigate risk of inappropriate workplace conduct.
• Managed the national and international introduction of gaming and social gaming products for an S&P 500 company. Assessed legality of products in the U.S. and abroad, which included analysis of federal law, such as the Federal Wire Act, as well as various regulatory authorities in U.S. states and other countries.
• Counseled European cable network on legal issues arising from deals with domestic movie studios, enabling it to protect its rights and avoid litigation.

White Collar

• Represented airbag manufacturer Takata Corporation in connection with criminal investigation by U.S. Department of Justice that resulted in the company’s February 27, 2017 plea to one count of wire fraud.
• Represented dozens of executives and employees of a Fortune 500 technology company under investigation for potential violations of the U.S. Foreign Corrupt Practices Act (FCPA). Coordinated three parallel investigations by the U.S. Department of Justice, the U.S. Securities and Exchange Commission, and the company’s audit committee. Also represented senior executives from other companies in similar investigations.
• Conducted an internal investigation and persuaded the Department of Justice to decline prosecution of an international gaming company for alleged violations of the Federal Wire Act.
• Represented at trial numerous individuals charged with serious crimes and offenses in New York state courts, including a three-week jury trial that incorporated novel litigation around the use of experts in eyewitness identification and another jury trial in which acquittal was achieved for an elderly foster mother.

Public Interest, Pro Bono, and Policy Work

• Obtained nationwide injunction against Attorney General Jeff Sessions and the Department of Justice, stopping DOJ practice of requiring local law enforcement agencies to cooperate in federal civil immigration enforcement in order to better qualify for receipt of federal law enforcement funding.
• Obtained nationwide injunction against President Trump and all branches of the military prohibiting enforcement of ban on transgender service in the military.
• Successfully tried case in U.S. District Court in Baton Rouge for three Death Row inmates at the Louisiana State Penitentiary at Angola. Court found that excessive summer heat conditions in confinement on Angola’s death row constituted cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution.
• Achieved an unprecedented settlement—on the eve of trial—in a federal civil rights lawsuit against the city of Orange, California and Orange County concerning the 19-year wrongful imprisonment of Dewayne McKinney for a crime he did not commit.
• Filed amicus briefs in significant California and U.S. Filed amicus briefs in significant California and United States Supreme Court cases, including two that represented the interests of indigent Holocaust survivors: Republic of Austria v. Altmann, 541 U.S. 677 (2004) and American Insurance Association v. Garamendi, 539 U.S. 396 (2003).