News

Chambers USA Labels Caldwell Leslie "An Outstanding Firm." Caldwell Leslie & Proctor is “an outstanding firm of smart, aggressive and conscientious lawyers,” according to Chambers USA 2010: The Client’s Guide. Our firm was ranked as one of California’s top eight specialist firms in White-Collar Crime & Government Investigations, based on extensive, independent research by Chambers & Partners, publishers of worldwide legal directories for 20 years. Shareholders Michael Proctor and Michael Leslie were singled out as leading individuals in their practice areas (white-collar and environmental law, respectively). See the rest of our ranking and profile at the Chambers website.

Caldwell Leslie wins $30 million arbitration verdict. Robyn Crowther led a team including co-trial counsel David Willingham, along with Albert Giang and Heather Pearson, in a three-week arbitration that resulted in an award of more than $30 million to the client. The confidential proceeding involved two large, multinational corporations. The arbitrator awarded Ms. Crowther's client 100% of the compensatory damages sought as well as attorneys' fees and costs in an amount to be determined at a future hearing.

“Top Women Litigators” – Three Years in a Row. For the third straight year, a Caldwell Leslie lawyer has been named one of California’s Top Women Litigators by the Los Angeles Daily Journal, as Robyn Crowther makes the list of the top 100 for the second time. In 2009, the prestigious honor went to Linda Burrow. We congratulate our colleagues for being ranked among the state’s most elite attorneys.

Michael Proctor honored as among top 100 litigators. Michael Proctor was voted as among the top 100 attorneys in Los Angeles County by Law & Politics and Los Angeles magazine for the year 2010.

Pro Bono Effort Wins New Home, New Start for Family. In concert with Bet Tzedek Legal Services, Caldwell Leslie's Aron Ketchel and Jeanne Fugate went to bat for a 29-year-old single mother and her two sons, aged 2 and 4, when they were forced to evacuate their rental unit by a host of health and safety hazards—mold and termite damage, faulty wiring, lead paint contamination, exposed hot water pipes and a leaky ceiling. The CLP team won a significant settlement from the landlord that allowed the family to move into new, safe lodgings.

David Willingham chosen as Top Lawyer Under 40 in California. David Willingham was recently selected by the Los Angeles Daily Journal to be listed in its publication of the Top 20 Under 40 lawyers in California. This prestigious award recognizes Mr. Willingham as one of the elite lawyers in the state.

Caldwell Leslie Named 2010 "Pro Bono Firm of the Year." Acclaimed legal services organization Bet Tzedek provides legal assistance to more than 10,000 of Los Angeles County's poorest and most vulnerable citizens, and has successfully partnered with Caldwell Leslie & Proctor on a variety of cases to combat elder abuse, protect tenants from slum housing conditions and fight for workers whose wages have been withheld. Our firm has been proud to work with the dedicated attorneys at "House of Justice" to make a difference for people in need, and we are honored to receive Bet Tzedek's 2010 Elyse S. Kline Justice Award as "Pro Bono Firm of the Year."

Caldwell Leslie wins dismissal of Prop. 65 action-for the second time. Mike Leslie and Sandy Tholen recently won a dismissal with prejudice of an action brought under California’s Proposition 65, involving alleged failures to warn and alleged releases from an old landfill in Huntington Beach. This was actually the second time they won the case, since the plaintiff refilled the claims after the Caldwell Leslie team, working closely with other defendants, won the first case on demurrer. After the first trial judge dismissed the case, the plaintiff appealed, and Mike Leslie and Sandy Tholen won affirmance of that ruling on appeal. In an issue of first impression, the Court of Appeal held that there could be no Prop. 65 liability where the defendants were merely remediating past disposal at a site under the oversight of state agencies. Yet, the plaintiff then changed the allegations slightly to try to avoid the Court of Appeal’s opinion, and refilled the case in Orange County Superior Court. After taking the demurrer under submission, the court dismissed the action with prejudice on the grounds of res judicata and collateral estoppel, thus ending the litigation-again.

Linda Burrow selected as top litigator in California. Linda M. Burrow was recently named by the Los Angeles Daily Journal as a member of the Top Women litigators in California. The prestigious award recognizes Ms. Burrow as one of the elite lawyers in the state. This is the second year in a row that a Caldwell Leslie attorney has been awarded this honor. Robyn C. Crowther won the award last year.

Caldwell Leslie team obtains $45 million judgment for studio client. Caldwell Leslie was engaged by a studio client to file a breach of contract action against a Dubai-based company that defaulted on a $45,000,000 agreement to exhibit products on Indian television. After Caldwell Leslie's team strenuously litigated the case for months, including obtaining a dismissal of defendant's key counterclaim for fraud in the inducement, the defendant defaulted. Our attorneys Linda Burrow, Jeanne Fugate and Lennette Lee were ultimately able to obtain a default judgment in the full amount of $45,000,000, plus more than $3,000,000 in prejudgment interest and our full fee request.

Caldwell Leslie noted as among top Southern California White Collar Criminal Defense firms. Caldwell Leslie & Proctor's white collar practice was singled out in the 2009 Top Southern California Law Firms, recently published by the Los Angeles Daily Journal. The article acknowledged the firm's demonstrated ability to defend those at the highest level of corporate fraud cases, and refers to Michael J. Proctor and David K. Willingham, the Co-Chairs of the firm's White Collar Crime and Corporate Compliance practice group.

David Willingham to Speak at ABA’s National Securities Fraud Institute on Pay-To-Play. David Willingham was recently selected to speak as a panelist at the ABA’s National Securities Fraud Institute in Washington, DC. The panel, to be held on October 15, 2009, will focus on the Securities and Exchange Commission’s efforts to regulate Pay-to-Play activity in the institutional investor realm. The selection recognizes Mr. Willingham’s expertise in the field of securities fraud and defending clients before the SEC.

Caldwell Leslie secures judgment for Robert De Niro. The California Court of Appeal affirmed a complete defense judgment that the firm obtained on behalf of our client, Oscar®-winning actor Robert De Niro. Chris Caldwell, Robyn Crowther, David Codell, and Jeanne Fugate handled the appeal after winning the case in the trial court. The Caldwell Leslie team won summary judgment against Fireman’s Fund Insurance Co., which insured the film Hide and Seek in 2003, and had accused Mr. De Niro of intentionally withholding information about his cancer diagnosis during a cast medical examination. The case was dismissed in favor of Mr. De Niro. Click here and here for the articles.

Caldwell Leslie wins summary judgment for major studio. Linda Burrow and Laurie Martindale recently won summary judgment for a major motion picture studio accused of copyright infringement. In holding that the Plaintiff could not, as a matter of law, demonstrate that his script was used as the basis for a film produced by the studio, United States District Judge Margaret Morrow agreed with Caldwell Leslie that there was no evidence that the film’s creators ever had access to the Plaintiff’s script, and held that the Plaintiff’s script and the studio’s film were not at all “similar,” thus precluding Plaintiff’s copyright infringement claim.

Caldwell Leslie obtains summary judgment on $40 million copyright infringement and breach of contract claims. Chris Caldwell, Andrew Esbenshade and Alison Mackenzie obtained summary judgment for Warner Bros. and all individual defendants in a copyright infringement and contract case in which the plaintiffs claimed damages of $40 million. Plaintiffs alleged that the Warner Bros. film We Are Marshall infringed the copyright in their documentary and that they had reached a contract with the producers of the film for credit and compensation from We Are Marshall. United States District Judge Gary A. Feess granted Caldwell Leslie's motion on all claims as to all defendants, finding that the parties did not reach an enforceable agreement and that there was no copyright infringement. Click here and here for articles.

The Eleventh Circuit affirms dismissal of trademark action against Warner Bros. The Eleventh Circuit recently held that summary judgment was appropriate on a trademark claim based on a finding of no likelihood of confusion. Linda Burrow and Jeanne Fugate had obtained the dismissal of the lawsuit, which alleged that the reality dating show “Elimidate Ironman Challenge” infringed on the Ironman Triathlon trademarks. In ruling for Warner Bros., the Eleventh Circuit affirmed the district court’s ruling that the “Elimidate Ironman Challenge” did not infringe the Ironman Triathlon trademarks because the term “ironman” is commonly used to describe persons of unusual endurance and thus the Plaintiff’s marks were entitled only to limited protection. Click here for a copy of the district court opinion.

Elder abuse case victory saves client's home for Thanksgiving. A pro bono triumph was achieved by Michael Roth, Laurie Martindale and Andy Esbenshade on behalf of an 86-year-old client victimized by a “gypsy scam” to take his house and virtually all of his assets. The Caldwell Leslie team pursued a civil case against the two abusers who removed our client from his own home, while helping the District Attorney assemble a criminal case. The abusers ended up being convicted of grand theft and our client's money and home were restored to him two days before Thanksgiving 2008.

Caldwell Leslie team achieves victory for retail giant. A Caldwell Leslie team led by Michael Roth and Linda Burrow derailed a potential class action against Best Buy, Inc., brought by a plaintiff who claimed he did not receive an extra promotional DVD in a box set of the “Smallville” TV series. Ruling that the alleged class was not sufficiently numerous and that any class members shared no commonality of interest, the judge granted Caldwell Leslie’s motion to deny class certification.

David Willingham selected as Co-Chair of ABA’s National Securities Fraud Committee. David K. Willingham was recently appointed as Co-Chair of the American Bar Association’s national Securities Fraud Committee. The two-year appointment to the ABA’s Securities Fraud subcommittee recognizes Mr. Willingham’s experience and expertise in the area of securities fraud and securities defense.

Robyn Crowther selected as Top 75 Litigator in California. Robyn C. Crowther was recently named by the Los Angeles Daily Journal as a member of the Top 75 Women attorneys in California. The prestigious award recognizes Ms. Crowther as one of the elite litigators in the state. Click here for the article.