 | KEVIN L. VICK
|
Partner |
|
Kevin Vick is a litigator with more than two decades’ experience representing clients in the
entertainment, media, technology, fashion and other industries. His trial and arbitration
experience includes successfully defending motion picture companies and talent agencies in jury
and bench trials. Kevin also has represented Broadway producers and sports agencies in
arbitration on both the plaintiff’s and defense sides. His appellate experience includes
successful representations of major internet, media and entertainment clients, as well as
individuals. He regularly litigates defamation, copyright, trademark, Section 230, publicity
rights, idea submission, invasion of privacy, and anti-SLAPP matters, as well as business
disputes involving breach of contract, trade secrets and partnerships.
Kevin is a former Trustee of the Los Angeles County Bar Association’s Board of Trustees, a
Chair Emeritus of the Entertainment and Intellectual Property Section of the Bar Association,
and he also served on the Bar Association’s Diversity, Equity and Inclusion committee. He has
taught First Amendment law at the University of Southern California Law School. He has been
named a Super Lawyer in Intellectual Property Litigation by Super Lawyers magazine since
2015.
Kevin graduated with honors from Stanford University and Harvard Law School, and clerked for
the Honorable Florence-Marie Cooper of the United States District Court for the Central District
of California.
Kevin speaks Spanish, having lived and worked in Barcelona, Spain for three years between
college and law school, and has represented Spanish-language media clients in litigation.
NOTABLE REPRESENTATIONS
Home Decor Center, Inc. v. Google Inc. (C.D. Cal. 2013, 9th Cir. 2015). Kevin led a team including partner Jean-Paul Jassy that
obtained summary judgment for Google against claims for trademark infringement and unfair competition under
the Lanham Act and interference with contractual relations relating to Google’s AdWords program. The court
granted summary judgment based on trademark invalidity, Section 230 and other grounds. The Ninth Circuit
affirmed summary judgment in favor of Google on appeal.
Kaplan Stahler Agency v. Gumer (Los Angeles Superior Court 2013). Kevin and partners, including Jassy, were
hired one month before trial and successfully defended a boutique literary talent agency, against breach of
contract, wrongful constructive discharge and related claims brought by a former employee. The agency
prevailed on those claims after a three-week bench trial and post-trial briefing.
A.H. v. Labana, 2022 WL 17687172 (Cal. Ct. App. 2022) Kevin led a team that prevailed in the Santa Clara Superior Court and the Court of Appeal on an anti-SLAPP motion brought on behalf of a client who had been sued for defamation in connection with statements connected to a protest march. The trial court struck the defamation claim based on Section 230 of the Communications Decency Act, and the Court of Appeal affirmed that Labana’s sharing on information on Twitter qualified her as interactive computer service user entitled to immunity under Section 230(c)(1).
Successfully represented a sports agency in a 2022 arbitration, resulting in a sizeable recovery for client on its claims for breach of contract.
Newell v. Univision Communications, Inc. (Los Angeles Superior Court 2021). Kevin and colleagues successfully defended Univision in defamation case arising from television coverage regarding issues of wage theft. The court granted Univision’s anti-SLAPP motion, struck the plaintiff’s entire complaint, and subsequently awarded Univision fees and costs pursuant to the anti-SLAPP statute.
Successfully represented online dating companies in a number of 2020-2022 arbitrations based on Section 230 of the Communications Decency Act and other defenses.
First Amendment Coalition v. County of San Diego (San Diego Superior Court 2019). Kevin led a team including partner Jean-Paul Jassy and associate Elizabeth Baldridge in obtaining public records regarding complaints of sexual harassment and sexual misconduct made against employees of San Diego County’s District Attorney’s Office. The County also agreed to pay nearly $100,000 in attorneys’ fees and costs. A summary of the case is available here.
Cussler v. Crusader Entm't, LLC (Los Angeles Superior Court 2008). Kevin was a core member of a trial team that
successfully defended a production company against claims for breach of contract and fraud in connection with
the motion picture “Sahara.” After a 15-week trial, plaintiff – who had sought more than $100 million in damages – was
awarded nothing.
Riggs v. MySpace, Inc., 444 F. App'x 986 (9th Cir. 2011). Obtained dismissal of negligence claims pursuant to the Communications Decency Act, 47 U.S.C. § 230(c)(1), where plaintiff had sued based on MySpace’s deletion of her online profile.
Stephen Slesinger, Inc. v. The Walt Disney Co., 155 Cal. App. 4th 736 (2007). Kevin was part of a team that
successfully defended The Walt Disney Co. at the trial and appellate levels against a lawsuit relating to the
intellectual property and merchandising rights to the children’s character “Winnie the Pooh.”
Diaz v. NBC Universal, Inc., 337 Fed. App'x 94 (2d Cir. 2009). Kevin was part of a team that successfully defended NBC Universal at the trial and appellate levels against libel claims in connection with the motion picture "American Gangster."
People v. Conrad R. Murray (Los Angeles Superior Court 2011). Kevin and his colleagues represented Sony
Pictures Entertainment Inc. in connection with a successful motion to quash a subpoena from former Michael
Jackson physician Conrad Murray seeking rehearsal footage from the weeks before the singer’s death.
| |
| HONORS
Super Lawyers Super Lawyer, Intellectual
Property Litigation, 2015-present
ASSOCIATIONS
Board of Trustees of Los Angeles County Bar Association
Past Trustee, 2017-2020
Past Member, Diversity and
Inclusion Committee, 2018-2021
Entertainment Law and Intellectual
Property Section of Los Angeles County Bar
Association
Past Chair
State Appellate Judicial Evaluation Committee (SAJEC) of Los Angeles County Bar Association
Member, 2020-present
ADJUNCT PROFESSOR
Univ. of Southern California Law School
First Amendment Law
CLERKSHIP
Law Clerk to Hon. Florence-Marie Cooper, U.S.
District Court for the Central District of California,
2001-2002
EDUCATION
Harvard Law School (JD, cum laude, 2001)
Stanford University (BA, with honors and
distinction, 1995)
|