Jennifer Brockett represents businesses in commercial and intellectual property litigation. She regularly represents businesses in pursuit of claims of misappropriation of trade secrets, computer hacking, and unfair competition. Jennifer’s practice focuses on complex litigation involving highly regulated industries, including health care, franchise, and energy. Jennifer’s work includes trials in both state and federal court and arbitrations. Jennifer served as the chair of the State Bar Committee on the Administration of Justice, and co-authored California’s Model Jury Instructions regarding trade secrets (required for use in all trade secret matters tried in California).
Business Torts and Commercial Litigation Highlights
Pacific Rim Housing Corporation v. Brackenhoff Management Group, Inc.
Successfully represented the plaintiff at trial establishing breach of contract and fiduciary duties based on the defendant property manager’s submission of false information to HUD. (2011)
Fatburger Corporation v. Warlick, Warlick v. FogCutter Capital Corporation
Pursuing claims of breach of fiduciary duty and breach of contract against former CEO of fast food chain, and defending against CEO's cross-claims; defending a related action of stock dilution. (2009)
U.S. Trust Company v. Lehman Brothers, U.S. Trust Company v. Thomas Giddings
Plaintiff's counsel in action alleging misappropriation of trade secrets and employee raiding against Lehman Brothers and individual defendants recruited by Lehman Brothers. (2008)
Siwajian v. CPLM
Defended medical group against putative class action claims regarding billing practices. Case was voluntarily dismissed by the plaintiff. (2009)
People v. CHA Hollywood Medical Center
Defended hospital charged with violation of California Business and Professions Code section 17200 arising from two alleged incidents of homeless patient discharges. (L.A. Cnty. (Cal.) Super. Ct. 2008)
Intellectual Property Highlights
Samson Investments, AVV v. Local Billing, LLC
Represented defendants in copyright infringement and DMCA claims. (2011)
Activision v. DoubleFine
Defended game developer’s right to publish video game originally developed under contract with Activision. Case settled shortly after DoubleFine defeated Activison’s motion for preliminary injunction. (2009)
Milton H. Greene Archives, Inc. v. BPI Communications, Inc.
Summary judgment decision established new protections for the use of publicity photos. Obtained a substantial award of attorneys' fees against the plaintiff for successfully defending a book publisher by establishing that photographs of Marilyn Monroe appearing in a biography were in the public domain. Both decisions were affirmed on appeal. 378 F. Supp. 2d 1189 (2005), 2009 WL 766527 (9th Cir. 2009)
Shamrock v. Showtime Networks
Successfully intervened on an emergency basis to set aside a Temporary Restraining Order which attempted to prevent Showtime Networks from promoting and broadcasting its premiere Mixed-Martial Arts program. (L.A. Cnty. (Cal.) Super. Ct. 2007)
Ivanova v. Columbia Pictures Industries, Inc. and Laparade v. Columbia Pictures Industries, Inc.
Representation of Columbia Pictures in a six-party dispute regarding ownership of 39 classic Spanish-language motion pictures starring the Mexican actor Cantinflas. Columbia Pictures prevailed after a three-week trial; affirmed on appeal. 217 F.R.D. 501 (CDCA. 2003); 2004 WL 2487633 (9th Cir. Nov. 5, 2004), cert. denied, 545 U.S. 1115 (2005); 387 F.3rd 1099 (9th Cir. 2004), cert. denied 545 U.S. 1159 (2005). 387 F.3d 1099 (9th Cir. 2005)