Professional Experience Mr. Brown's practice focuses on complex commercial litigation in federal and state courts, at both the trial and appellate levels. Mr. Brown has substantial experience defending nationwide consumer class actions on behalf of e-commerce, direct marketing, entertainment, and media companies. Mr. Brown also has a wide range of experience in commercial cases involving, among other areas, banking and lender liability, online advertising, e-commerce and entertainment, land use and outdoor advertising, defamation, and the Foreign Sovereign Immunities Act. In addition, Mr. Brown defends e-commerce and direct marketing companies in FTC investigations. Mr. Brown also has extensive experience representing retailers, banks, and online companies in lawsuits and government investigations under the Americans with Disabilities Act and state disability access laws. Mr. Brown's ADA expertise encompasses issues of physical access as well as access to websites, ticketing and banking kiosks, and other interactive media. In addition to handling ADA litigation, Mr. Brown advises health insurers, retailers, property developers, e-commerce companies, nonprofit foundations and educational institutions on a wide variety of ADA issues. Representative Matters (Past 10 years) Ticketmaster v. RMG, (U.S. District Court, Central District of California). Obtained a judgment for $18 million and an injunction prohibiting the manufacture, distribution and use of bots to illegally access Ticketmaster's website. Also obtained dismissal of antitrust counterclaims. 507 F. Supp. 2d 1096 (C.D. Cal. 2007); 536 F. Supp. 2d 1191 (C.D. Cal. 2008). NML Capital v. Spaceport Systems and Republic of Argentina, (U.S. District Court, Central District of California). Defeated lawsuit by bond creditor seeking to enforce $300 million judgment against foreign sovereign. Creditor sought injunction and attachment to prevent the launch of multinational satellite to conduct scientific survey of oceanic conditions. 788 F. Supp. 2d 1111 (C.D. Cal. 2011). Blanks v. Greenfield, (Los Angeles County Superior Court). Successfully defended executive in dispute over $140 million in profits from exercise infomercial, resulting in published decision by Second Appellate District under the Talent Agencies Act. 106 Cal. App. 4th 743, 131 Cal. Rptr. 2d 179 (2003). In re Ticketmaster Sales Practices Litigation, (U.S. District Court, Central District of California). Defense of consolidated, putative class action against Ticketmaster and TicketsNow alleging deception in the online sale of tickets. The trial court has preliminarily approved a nationwide class settlement. Blackford v. Huntington Beach City Council, (Orange County Superior Court). Successfully challenged proposed ballot measure in municipal election, resulting in published decision by Fourth Appellate District. 94 Cal. App. 4th 1417, 115 Cal. Rptr. 2d 439 (2002). DePhillips v. Ticketmaster, (Los Angeles County Superior Court). Obtained dismissal of putative class action alleging that Ticketmaster's website discriminated against people with visual disabilities. Then obtained dismissal of appeal. Yan v. Chinese Daily News, (Los Angeles County Superior Court). Successfully defended newspaper against defamation claim by high-profile Chinese dissident. Attorneys' fees awarded under anti-SLAPP Act. King Media v. Nederlander and Staples Center, (Los Angeles County Superior Court). Successfully defended Nederlander Organization and Staples Center in lawsuit by concert promoters claiming that tickets were not properly sold for New Year's Eve concert event. Gracenote v. Musicmatch, (U.S. District Court, Northern District of California). Defended Musicmatch in patent infringement action regarding online digital music services. Prevailed on summary judgment as to noninfringement and patent invalidity. Graham v. Goldman Sachs, (U.S. District Court, Central District of California). Obtained dismissal of lawsuit claiming violation of state and federal law regarding affiliate's operating policies. Affirmed on appeal. Ticketmaster/National Federation of the Blind, Represented Ticketmaster in negotiations with National Federation of the Blind regarding access to Ticketmaster's website, resulting in widely publicized agreement. Representative Published Cases (Partial) Huntington Beach City Council v. Superior Court, 94 Cal. App. 4th 1417, 115 Cal. Rptr. 2d 439 (4th Dist. 2002). Greenfield v. Superior Court, 106 Cal. App. 4th 743, 131 Cal. Rptr. 2d 179 (2d Dist. 2003). Memberships & Activities AV-rated by Martindale-Hubbell. Admitted to practice in the courts of California, the United States District Courts in California, and the Ninth Circuit Court of Appeals. Speaking Engagements Speaker at annual International Ticketing Association conference in 2011 on "Understanding the New ADA Regulations." |