Michael S. Brophy

Michael S. Brophy: Attorney with Withers Bergman LLP
  • Partner at Withers Bergman LLP (417 Attorneys)
  • 1925 Century Park East, Suite 400, Los Angeles, CA 90067
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Biography

Michael is a partner in the trust and estate litigation team.

His broad knowledge is in the areas of trust and succession disputes, family business and commercial litigation, and intellectual property matters.

Michael has extensive experience in trust and estate litigation, including will and trust contests, accounting disputes, breach of duty actions, elder abuse and conservatorship disputes, document interpretation matters, and other contested probate and fiduciary-related matters.

He also has experience in contract, real estate, copyright, Lanham Act, trade secret, and unfair competition matters.

In addition to litigation matters, his experience includes risk assessment and counseling, alternative dispute resolution, and administrative proceedings.

Michael has successfully represented a wide range of clients from successful individuals and families to multinational Fortune 500 companies. He has also represented large institutional fiduciaries, individual trustees, and charities.

Dates

Joined
2015

Partner
2015

Talks

‘The Kids Are Not Alright: Drafting Estate Plans to Prevent Future Public Family Disputes,’ Conejo Valley Estate Planning Council

‘Help! The Gardener is Stealing My Inheritance!’ Beverly Hills Bar Association, Trusts & Estates Section

‘What Every Future Lawyer Needs to Know About Serving as the Family Fiduciary’, UCLA Tax and Estate Planning Law Association

‘Navigating Legal Issues in the Electronic Age’, Association of Corporate Counsel of America, Southern California Chapter

‘Perspectives on Trustee Fees: Evaluating ‘Reasonableness’ in Trust Planning, Administration and Litigation’, Beverly Hills Bar Association

‘Privacy Protection: What Every In-House Counsel Needs to Know About: Managing and Protecting Private Employee, Consumer and Company Information’, Association Of Corporate Counsel of America, Southern California Chapter

Track record

Represented an individual trustee in a bench trial obtaining a complete and decisive verdict in favor of the fiduciary. Defeated allegations of breach of duty and requests for surcharge.

Represented the co-trustees of the living trust of a deceased celebrity in defeating fraud claims in arbitration. Also represented the co-trustees in resolving untimely claims, including arguing and winning an appeal of a judge’s decision dismissing the barred claims.

Represented the co-executors of the estate of a deceased celebrity in defeating and resolving creditor and contract claims.

Advised a trust-owned partnership and assisted it in successfully retrieving misappropriated funds.

Represented charity in a challenge to a charitable trust, successfully resolving the matter in mediation. Involved allegations of elder abuse and undue influence.

Obtained and enforced a default judgment for a major auction house in an art fraud matter, seizing known California assets.

Advised a trust beneficiary regarding certain trust administration disputes and successfully used litigation to compel an uncooperative trustee to take steps to distribute the assets according to the trust’s terms.

Represented members of a limited liability company in the fashion industry defeating breach of fiduciary duty claims at trial.

Advised foreign entertainment client and successfully resolved a film finance dispute with a production company.

Advised an advertising agency in a dispute with a rock music group regarding music used in a commercial.

Counseled major television studio regarding risk management in non-scripted programming.

Represented family business in real estate dispute, prevailing before the California Court of Appeal.

Represented importer of book lights in defeating a request for a temporary restraining order and preliminary injunction regarding claims of trade dress infringement regarding product design.

Southern California Super Lawyer in Trust and Estate Litigation 2014-2018.

Southern California Super Lawyer Rising Star from 2008-2013.

Publications

‘Animal Capital,’ Family Capital - February 27, 2019, quoted

‘Preventing and Avoiding Costly Conflicts’ , Trusts & Estates - July 25, 2018, co-author

‘Uber to Pay Waymo $245 Million to Settle Blockbuster Self-Driving Secrets Case,’ San Francisco Chronicle - February 9, 2018, quoted

‘Four Days, $245 million: How Waymo v. Uber Came to an End,’ CNET - February 9, 2018, quoted

‘Waymo Will Get Driverless Car Due Diligence Report, but Little Time to Use It’, The Recorder - September 14 2017, quoted

‘Parse the Issues Involving Guardians in Legal Proceedings,’ Estate Planning, July 2017, co-author

‘Arbitration: Beware of the Unintended Risks’, Los Angeles Daily Journal, co-author

‘Privacy Protection: What Every In-House Counsel Needs to Know About: Managing and Protecting Private Employee, Consumer and Company Information’, Association Of Corporate Counsel of America, Southern California Chapter, contributor

‘Largest Firm’s Split Decisions’, Los Angeles Business Journal, referenced

Areas of Practice (10)

  • Families and family offices
  • Owners and entrepreneurs
  • Talent and creatives
  • Sport
  • Beneficiaries and heirs
  • Family businesses
  • High-net-worth individuals
  • Trustees, executors and fiduciaries
  • Media and reputation
  • Private companies

Education & Credentials

Contact Information:
310 277 9918  Phone
310 861 1708  Fax
www.withersworldwide.com/people/michael-brophy
University Attended:
American University, B.A., magna cum laude, 1995
Law School Attended:
Harvard Law School, J.D., magna cum laude, 1998
Year of First Admission:
1998
Admission:
2000, 9th Circuit Court of Appeals; 2003, U.S. District Court for the Southern District of California; 2008, U.S. District Court for the Eastern District of California; 2010, U.S. District Court for the Eastern District of Texas; 2011, Federal Circuit Court of Appeals; 2000, U.S. District Court for the Central District of California; 1998, State of California
Memberships:

Memberships

LGBT Bar Association Board of Governors

Los Angeles County Bar Association, Diversity in the Profession Committee

Beverly Hills Bar Association

California State Bar

ISLN:
913886234
Transactions:
Representative Transactions: Trust & Estate Litigation; Represented an individual trustee in a bench trial obtaining a complete and decisive verdict in favor of the fiduciary.; Represented the co-trustees of the living trust of a deceased celebrity in defeating fraud claims in arbitration.; Represented the co-executors of the estate of a deceased celebrity in defeating employment and contract claims.; Represented trust-owned partnership in successfully retrieving misappropriated residual funds.; Represented charity in a challenge to a charitable trust, successfully resolving the matter in mediation.; Intellectual Property, Media & Entertainment; Represented importer of book lights in defeating a request for a temporary restraining order and preliminary injunction regarding claims of trade dress infringement regarding product design.; Represented a major chemical manufacturer in resolving a trade secret dispute with a former independent contractor.; Counseled major television studio regarding risk management in non-scripted programming.; Represented foreign entertainment client in successfully resolving a film finance dispute with a production company.; Represented a well-known music group in a trial with their former attorneys.; Represented an advertising agency in a dispute with a rock music group regarding a commercial.; Commercial Disputes; Obtained and enforced a default judgment for a major auction house in an art fraud matter, seizing known California assets.; Counseled major talent agency regarding employment and contract related issues.; Represented members of a limited liability company in the fashion industry defeating breach of fiduciary duty claims at trial.; Represented family business in real estate dispute, prevailing before the California Court of Appeal.

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (3)

Documents by this lawyer on Martindale.com

Los Angeles, California

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