Rupa Marya v. Warner Chappell Music Inc

Filing 323

NOTICE OF MOTION AND MOTION for Attorney Fees Plaintiffs' Notice of Motion and Motion for Award of Attorneys' Fees and Expenses and for Incentive Compensation Awards; Memorandum of Points and Authorities in Support Thereof filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. Motion set for hearing on 6/27/2016 at 09:30 AM before Judge George H. King. (Attachments: # 1 Declaration of Randall S. Newman, # 2 Declaration of Daniel J. Schacht, # 3 Declaration of Kara M. Wolke, # 4 Proposed Order) (Manifold, Betsy)

1 FRANCIS M. GREGOREK (144785)
[e-mail]
2 BETSY C. MANIFOLD (182450)
[e-mail]
3 RACHELE R. RICKERT (190634)
[e-mail]
4 MARISA C. LIVESAY (223247)
[e-mail]
5 BRITTANY N. DEJONG (258766)
[e-mail]
6 WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
7 750 B Street, Suite 2770
San Diego, CA 92101
8 Telephone: [phone]
9 Facsimile: 619/234-4599
10 Interim Lead Counsel for Plaintiffs and the [Proposed] Class
11

UNITED STATES DISTRICT COURT

12

CENTRAL DISTRICT OF CALIFORNIA -

13

WESTERN DIVISION

14 GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,
15
Plaintiffs,
16
17

v.

18
19 WARNER/CHAPPELL MUSIC,
INC., et al.
20
Defendants.
21
22
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24
25
26
27
28

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Lead Case No. CV 13-04460-GHK (MRWx)
DECLARATION OF DANIEL J. SCHACHT
IN SUPPORT OF FINAL APPROVAL OF
CLASS ACTION SETTLEMENT AND
REQUEST FOR ATTORNEYS’ FEES AND
EXPENSES

Room:
Judge:
Date:
Time:

650
Hon. George H. King, Chief
Judge
June 27, 2016
9:30 a.m.

1

The undersigned, Daniel J. Schacht, under penalty of perjury, hereby declares

2 and states as follows:
3

1.

I am an attorney duly licensed to practice law in the State of California

4 and I am admitted to practice in this Court. I am a partner of the law firm Donahue
5 Fitzgerald LLP (“DF”), one of Plaintiffs’ counsel in this litigation. I have personal
6 knowledge of the matters set forth herein and, if called upon, I could and would
7 competently testify thereto.
8

2.

I submit this Declaration in support of Plaintiffs’ motions for final

9 approval of the Settlement and for an award of attorneys’ fees and reimbursement of
10 expenses. These motions and supporting memoranda of law are filed concurrently
11 herewith.
12

3.

Attached hereto as Exhibit A is a copy of my firm’s resume, setting

13 forth the qualifications of my firm and the attorneys who have worked on the Action.
14

4.

This Declaration sets forth the nature of the work my firm performed in

15 the litigation to demonstrate why Plaintiffs’ Counsel’s request for attorneys’ fees and
16 expenses is reasonable and should be approved by the Court.
17

5.

As the Court is likely aware, the Action was extensively investigated by

18 Plaintiffs’ Counsel before it was commenced, and was actively and aggressively
19 litigated by Plaintiffs’ Counsel until the Settlement was reached on February 8, 2016.
20 For their part, Defendants (and, to a lesser extent, the Intervenors) vigorously
21 defended themselves against Plaintiffs’ claims. Nothing about the litigation was
22 simple.
23

6.

My firm represented Plaintiff Rupa Marya prior to the litigation, and

24 represented all Plaintiffs throughout the litigation. We were involved in most of the
25 major efforts by Plaintiffs’ Counsel. Those efforts fell into seven distinct phases of
26 the litigation: (a) Pre-filing Investigation and Initial Complaint Drafting;
27 (b) Amended Complaint Drafting; (c) Motion to Dismiss Response; (d) Discovery;
28 (e) Cross-Motions for Summary Judgment; (f) Settlement Negotiations; and
1
SCHACHT DECL.
CASE NO. CV 13-04460-GHK (MRWX)

1

(g) Settlement Approval and Administration. Our work in each phase of the litigation

2

is described in detail below.

3

7.

The information in this declaration regarding the firm’s time and

4

expenses is taken directly from time and expense printouts and supporting

5

documentation prepared and/or maintained by the firm in the ordinary course of

6

business. I am the partner who oversaw and conducted the day-to-day activities in

7

this litigation and I reviewed these printouts (and backup documentation where

8

necessary or appropriate) in connection with the preparation of this declaration. The

9

purpose of this review was to confirm the accuracy of the entries on the printouts as

10

well as the necessity for, and reasonableness of, the time and expenses committed to

11

the litigation. As a result of this review, reductions were made to both time and

12

expenses in the exercise of billing judgment. As a result of this review and the

13

adjustments made, I believe that the time and the expenses for which payment is

14

sought as set forth in this declaration are reasonable in amount and were necessary

15

for the effective and efficient prosecution and resolution of the litigation. In addition,

16

I believe that the expenses are all of a type that would be normally charged to a fee-

17

paying client in the private legal market.

18

8.

After the reductions referred to above, the number of hours spent on

19

litigation by my firm is 894.041. The fee amount for attorney/paraprofessional time

20

based on the firm’s current billed rates is $351,570.80. The hourly rates shown below

21

are the usual and customary rates set by the firm for each individual, and are rates

22

that are actually billed to, and paid by, clients of the firm. My firm would usually

23

seek a Lodestar factor of three in this kind of complex litigation.

24

A.

Pre-filing Investigation and Initial Complaint Drafting

25

9.

Before commencing the Action, my firm conducted an initial review of

26
27
28

1

This figure includes twenty (20) additional hours that Andrew S. Mackay and Daniel J. Schacht reasonable
anticipate spending on travel to and attendance at the June 27, 2016 hearing, and conferences with the client
regarding the hearing.

2
SCHACHT DECL.
CASE NO. CV 13-04460-GHK (MRWX)

1

the case, which included, but was not limited to, the following: (1) investigating the

2

legal status of Happy Birthday to You; (2) reviewing and analyzing the potential

3

claims; (3) researching corresponding case law; (4) meeting with the client; and

4

(5) preparing the initial complaint. Because of the unique and ground-breaking nature

5

of the claim, considerable time was spent determining the legal claims and the bases

6

for a class action lawsuit. In addition, the pre-litigation investigation included

7

reviewing many historical documents, which also led to a greater than usual time

8

spent in this phase of the litigation.

9
10
11
12
13
14
15
16

10.

The work performed by the attorneys of my firm during this phase of the

litigation is summarized below:
Attorney
Andrew S. MacKay
Daniel J. Schacht
Jonathan N. Osder
William R. Hill
Katherine Hall
TOTALS:

Position
Partner
Partner
Partner
Partner
Paralegal

Hours Worked Hourly Rate
Lodestar
76.3
$460.00 $35,098.00
148.9
$420.00 $62,538.00
5.4
$500.00
$2,700.00
0.7
$515.00
$360.50
3.5
$155.00
$542.50
234.8
$101,239.00

17

B.

Amended Complaint Drafting

18

11.

During this phase of the litigation, my firm assisted with:

19

(1) researching and analyzing the potential claims; (2) meeting with the client;

20

(3) corresponding with co-counsel; and (4) preparing the consolidated and amended

21

complaints.

22
23
24
25
26
27
28

12.

The work performed by the attorneys of my firm during this phase of the

litigation is summarized below:
Attorney
Andrew S. MacKay
Daniel J. Schacht
Jonathan N. Osder
William R. Hill
Casey L. Williams
Hilary Frech

Position Hours Worked Hourly Rate
Partner
12.2
$460.00
Partner
22.9
$420.00
Partner
3.5
$500.00
Partner
1.4
$515.00
Associate
0.6
$310
Paralegal
0.9
$155

Lodestar
$5,612.00
$9,618.00
$1,750.00
$721.00
$186.00
$139.50

3
SCHACHT DECL.
CASE NO. CV 13-04460-GHK (MRWX)

1

TOTALS:

41.5

$18,026.50

2

C.

Motion to Dismiss Response

3

13.

During this phase of the litigation, my firm assisted with:

4

(1) researching and analyzing the potential arguments contained in the motion;

5

(2) meeting with the client; (3) corresponding with co-counsel; (4) corresponding

6

with opposing counsel; and (5) preparing the opposition to the motion to dismiss.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

14.

The work performed by the attorneys of my firm during this phase of the

litigation is summarized below:
Attorney
Andrew S. MacKay
Daniel J. Schacht
Jonathan M. Wong
William R. Hill
TOTALS:

Position
Partner
Partner
Partner
Partner

Hours Worked Hourly Rate Lodestar
18.8
$460.00 $8,648.00
88.5
$420.00 $37,170.00
0.3
$465
$139.50
0.6
$515.00
$309
108.20
$46,266.50

D.

Discovery

15.

During this phase of the litigation, my firm assisted with preparing and

conducting discovery, including, but not limited to: (1) initial disclosures;
(2) discovery requests; (3) discovery responses; (4) subpoenas; (5) depositions; and
(6) production of documents.
16.

The work performed by the attorneys of my firm during this phase of the

litigation is summarized below:
Attorney
Andrew S. MacKay
Daniel J. Schacht
William R. Hill
Casey L. Williams
Jason M. Flom
Robert K. Walker
Joe Symes
TOTALS:

Position Hours Worked Hourly Rate Lodestar
Partner
10.5
$460.00 $4,830.00
Partner
65.6
$420.00 $27,552.00
Partner
0.1
$515.00
$51.50
Associate
40.8
$310 $12,648.00
Associate
3.0
$295
$885.00
Associate
1.1
$225
$247.50
Paralegal
2.2
$155
$341.00
123.3
$46,555.00

27
28
4
SCHACHT DECL.
CASE NO. CV 13-04460-GHK (MRWX)

1

E.

Cross-Motions for Summary Judgment

2

17.

During this phase of the litigation, my firm assisted with: (1) reviewing

3

and responding to of the opposing party’s Motion for Summary Judgment;

4

(2) preparing

5

(3) preparing for and attending hearings on the cross-motions for summary judgment;

6

and (4) reviewing and responding to Defendants’ Motion for Reconsideration.

7
8
9
10
11
12
13
14
15
16
17

18.

and

supporting

Plaintiffs’

Motion

for

Summary

Judgment;

The work performed by the attorneys of my firm during this phase of the

litigation is summarized below:
Attorney
Andrew S. MacKay
Daniel J. Schacht
Jonathan N. Osder
Casey L. Williams
Robert K. Walker
Megan S. Shaked
May A. Whitaker
Padmini Cheruvu
Noah R. Drake
Katherine Hall
TOTALS:

Position
Partner
Partner
Partner
Associate
Associate
Associate
Associate
Associate
Law Clerk
Paralegal

Hours Worked Hourly Rate Lodestar
25.6
$460.00 $11,776.00
122.34
$420.00 $51,382.80
1.7
$500.00
$850
39.8
$310 $12,338.00
50.2
$225 $11,295.00
0.9
$335.00
$301.50
4.3
$190.00
$817
13.3
$300
$3,990
24.7
$155
$3,828.5
0.7
$155
$108.50
283.54
$96,687.30

18

F.

Settlement Negotiations

19

19.

During this phase of the litigation, my firm assisted with: (1) analysis

20

and advice regarding settlement; and (2) preparation and review of the settlement

21

agreement.

22

20.

The work performed by the attorneys of my firm during this phase of the

23

litigation is summarized below, excluding the time my firm spent on the fee and

24

expense application:

25
26
27
28

Attorney
Andrew S. MacKay
Daniel J. Schacht
Casey L. Williams
TOTALS:

Position Hours Worked Hourly Rate Lodestar
Partner
14.1
$460.00 $6,486.00
Partner
14.3
$420.00 $6,006.00
Associate
10.2
$310 $3,162.00
38.60
$15,654.00
5
SCHACHT DECL.
CASE NO. CV 13-04460-GHK (MRWX)

1

G.

Settlement Approval and Administration

2

21.

During this phase of the litigation, my firm assisted with the approval

3

and administration of the settlement agreement.

4
5

22.

The work performed by the attorneys of my firm during this phase of the

litigation is summarized below:

6

Attorney
Andrew S. MacKay
Daniel J. Schacht
Daniel H. Senter
Padmini Cheruvu
TOTALS:

7
8
9
10

23.

11

Position Hours Worked Hourly Rate Lodestar
Partner
27.52
$460.00 $12,650.00
3
Partner
29.4
$420.00 $12,348.00
Associate
3.1
$295
$914.50
Associate
4.1
$300 $1,230.00
64.1
$27,142.50

I graduated from the University of California, Berkeley School of Law,

12

was admitted to the California Bar in December 2008, and am a partner at DF. I am

13

the head of DF’s Music and Entertainment Practice and co-chair of the firm’s

14

Intellectual Property Group. DF currently represents internationally known musicians

15

such as Carlos Santana, Journey, Amon Tobin, and The Doobie Brothers in various

16

copyright and intellectual property matters, including music publishing matters. DF

17

also recently represented the company with the top app in Apple’s App Store in

18

music, copyright, and other matters, and represents many prominent software

19

companies in copyright infringement litigation. My billing rate is $420 per hour, an

20

amount I actually charge clients and which clients routinely pay. I have spent 491.94

21

hours on work related to this matter.

22

24.

Andrew S. MacKay graduated from the University of California,

23

Berkeley School of Law, was admitted to the California Bar in December 1998, and

24

is a partner at my firm. Mr. MacKay is General Counsel for DF, and the co-chair of

25
2

26

This figure includes ten (10) additional hours that Mr. MacKay reasonably anticipates spending on travel
to and attendance at the June 27, 2016 hearing, and conferences with the client regarding the hearing.

27

3

28

This figure includes ten (10) additional hours that Mr. Schacht reasonably anticipates spending on travel to
and attendance at the June 27, 2016 hearing, and conferences with the client regarding the hearing.

6
SCHACHT DECL.
CASE NO. CV 13-04460-GHK (MRWX)

1

firm’s Litigation Practice Group. He specializes in intellectual property litigation,

2

and has represented numerous clients in various copyright and intellectual property

3

matters. Mr. MacKay’s billing rate is $460 per hour, an amount he actually charges

4

clients (as are all other rates listed herein), and he has spent 185 hours on work

5

related to this matter.

6

25.

Jonathan M. Wong graduated from the University of California, Davis

7

School of Law, was admitted to the California Bar in December 1983, is a past

8

president of the Alameda County Bar Association, and is a partner at my firm. Mr.

9

Wong is an experienced attorney, which a focus on litigation and considerable

10

experience with class actions. His billing rate is $465 per hour and he has spent 0.3

11

hours on work related to this matter.

12

26.

Jonathan N. Osder graduated from the University of San Francisco

13

School of Law, was admitted to the California Bar in January 1994, and is a partner

14

at my firm. Mr. Osder specializes in intellectual property law, and has worked

15

extensively with clients on enforcement of their intellectual property rights. His

16

billing rate is $500 per hour and he has spent 10.6 hours on work related to this

17

matter.

18

27.

William R. Hill graduated from the University of California, Berkeley

19

School of Law, was admitted to the California Bar in December 1984, and is a

20

partner at my firm. Mr. Hill is an experienced attorney and one of the firm’s chief

21

intellectual property litigators. His billing rate is $515 per hour and he has spent 2.8

22

hours on work related to this matter.

23

28.

Megan S. Shaked graduated from the University of California, Hastings

24

School of Law, was admitted to the California Bar in December 2010, and is an

25

associate at my firm with a focus on litigation. Her billing rate is $335 per hour and

26

she has spent 0.9 hours on work related to this matter.

27
28

29.

Robert K. Walker graduated from the University of California, Hastings

School of Law, was admitted to the California Bar in December 2013, and is a
7
SCHACHT DECL.
CASE NO. CV 13-04460-GHK (MRWX)

1

former DF associate. The billing rate for an associate of his level while he was

2

employed at DF is $225 per hour and he spent 51.30 hours on work related to this

3

matter.

4

30.

Jason M. Flom graduated from the University of California, Hastings

5

School of Law, was admitted to the California Bar in December 2012, and is an

6

associate at my firm with a focus on litigation. His billing rate is $295 per hour and

7

he spent 3.0 hours on work related to this matter.

8

31.

May A. Whitaker graduated from the University of California, Hastings

9

School of Law, was admitted to the California Bar in December 2014, and is a

10

former DF associate. The billing rate for an associate of her level while she was

11

employed at DF is $190 per hour and she spent 4.3 hours on work related to this

12

matter.

13

32.

Padmini Cheruvu graduated from the University of California, Hastings

14

School of Law, was admitted to the California Bar in December 2014, and is an

15

associate at my firm with a focus on intellectual property litigation. Her billing rate

16

for intellectual property litigation matters is $300 per hour and she has spent 17.4

17

hours on work related to this matter.

18

33.

Casey L. Williams graduated from the University of California,

19

Hastings School of Law, was admitted to the California Bar in December 2011, and

20

is an associate at my firm with a focus on litigation. Her billing rate is $310 per hour

21

and she has spent 91.4 hours on work related to this matter.

22

34.

Daniel H. Senter graduated from the University of Southern California

23

School of Law, was admitted to the California Bar in December 2010, and is an

24

associate at my firm with an emphasis on intellectual property litigation. His billing

25

rate is $295 per hour and he has spent 3.1 hours on work related to this matter.

26
27
28

35.

Katherine Hall is a paralegal at DF. DF’s billing rate for paralegals and

law clerks is $155 per hour. Ms. Hall spent 4.2 hours on work related to this matter.
36.

Joe Symes is a former paralegal at DF. He spent 2.2 hours on work
8
SCHACHT DECL.
CASE NO. CV 13-04460-GHK (MRWX)

1
2
3
4
5
6

related to this matter.
37.

Hilary Frech is a former paralegal at DF. She spent 0.9 hours on work

related to this matter.
38.

Noah R. Drake is a former law clerk at DF. He spent 24.7 hours on work

related to this matter.
39.

DF is a recognized leader in intellectual property litigation. Notable

7

intellectual property cases that DF has litigated include: (1) PhoneDog v. Kravitz,

8

N.D. Cal. Case No. 11-03474 (lead counsel, oft-cited trade secret case regarding

9

Twitter accounts); (2) Symantec Corp. v. CD Micro, Inc., 286 F.Supp.2d 1265 and

10

286 F. Supp. 2d 1278 (D. Or. 2003) (lead counsel, $10 million treble damage award

11

for trademark counterfeiting and copyright infringement, with officer’s personal

12

liability); (3) Vernor v. Autodesk, Inc., 621 F.3d 1102 (9th Cir. 2010) (co-counsel,

13

important software copyright and first sale doctrine case); (4) Adobe Systems, Inc. v.

14

Kornrumpf, Case No. 12-16616 (9th Cir. 2014) (oral argument assistance, software

15

copyright and the first sale doctrine case); and (5) Autodesk, Inc. v. RK Mace

16

Engineering, Inc., 2004 WL 603382 (N.D. Cal. March 11, 2004) (lead counsel,

17

jurisdictional effects test for copyright infringement). In its music practice, DF has

18

represented some of the world’s most prominent artists and their heirs.

19

40.

The resumes of all the attorneys listed above are attached hereto as

20

Exhibit A. Based on my experience practicing law in the area of intellectual property

21

litigation, it is my opinion that the hours charged and the rates are reasonable and

22

consistent with community standards. Furthermore, the hours were necessarily

23

incurred.

24

H.

Expenses

25

41.

During the prosecution of the Action, my firm incurred $27,225.13 in

26

reasonable and necessary out-of-pocket expenses, summarized in the following table:

27
28

Expense

Amount
$1,500.00

Expert Fees
9

SCHACHT DECL.
CASE NO. CV 13-04460-GHK (MRWX)

Meals, Hotels & Transportation
Computer/Legal Research
Telephone/Telecopier
TOTAL:

1
2
3

$5,794.03
$19,925.28
$5.82
$27,225.13

4
5

42.

6

The following is additional information regarding certain of these

expenses:

7

(a) Expert fees: $1,500.00. These expenses have been paid to an expert

8

who provided valuable consulting services regarding music publishing

9

practices and who is a recognized leader in that field.

10

(b) Transportation, Hotels & Meals: $5,794.03. In connection with the

11

prosecution of the case, the firm has paid for travel expenses to attend among

12

other things, depositions, document productions, court hearings and status

13

conferences.

14

(c)

Legal Research: $19,925.28. In this case, vendors such as Pacer,

15

Bloomberg, Courtlink, Lexis and Westlaw and other specialized databases

16

were used to obtain access filings, court orders, factual databases, legal

17

research and for cite-checking briefs. The expense represents the expense

18

incurred by my firm for use of these services in connection with this litigation.

19

The charges for these vendors vary depending upon the type of service

20

requested. In addition, legal research was conducted by purchasing historical

21

books in order to evaluate potential claims and arguments.

22

43.

The expenses we incurred in this Action are reflected in the books and

23

records of my firm. These books and records are prepared from expense vouchers,

24

check records and other source materials and are an accurate record of the expenses

25

incurred.

26

44.

The expenses we incurred were necessary and appropriate for the

27

prosecution of this Action, all of which was at risk in this litigation. These expenses

28

are a necessary part of litigation of this magnitude and scale and were essential to
10
SCHACHT DECL.
CASE NO. CV 13-04460-GHK (MRWX)

EXHIBIT A
EXHIBIT A
Page 12

Daniel J. Schacht
Partner
1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]
[e-mail]

Overview
Daniel Schacht works with creative entrepreneurs and content creators to protect their rights in traditional and
emerging media. He practices general business and entertainment law and focuses on copyrights and
trademarks, from registration to licensing to litigation. He has represented talented individuals and international
businesses in a myriad of negotiations, as well as at trial, appeals, arbitration, and mediation.
This fall, Daniel will be teaching music law at his alma mater, U.C. Berkeley School of Law. His commitment to his
community includes serving as pro bono counsel to two of Oakland’s Community Benefit Districts. He previously
served on the boards of Oakland Art Murmur, which brings international attention to Oakland’s vibrant arts
scene, and the Great Wall of Oakland, which showcases visual art from Oakland and around the world. He
provides pro bono services as well as presentations on the law and business of music for the California Lawyers
for the Arts.
During law school, Daniel served as president of both the Sports and Entertainment Law Society and Parents at
Boalt and was a member of the Berkeley Technology Law Journal. He spent his junior year at the Universität
Hamburg and is proficient in German. Before law school, he worked for a decade in the Bay Area music scene as
a bassist, sound engineer, studio owner, and producer.

Affiliations
•
•
•
•
•
•

Law Firm Partner, Startup Legal Garage, University of California, Hastings College of the Law
Member, Alameda County Bar Association
Member, Rotary Club of Oakland 3
Member, California Lawyers for the Arts
Former member, Board of Directors, Great Wall of Oakland
Former member, Board of Directors, Oakland Art Murmur

Honor & Awards
•

Recipient, American Jurisprudence Award for Intellectual Property in Entertainment

Education
•
•

J.D., University of California, Berkeley School of Law, 2008
B.A., Cornell University, 1995, with Distinction

1

EXHIBIT A
Page 13

Andrew S. MacKay
Partner
1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]
[e-mail]

Overview
Andrew S. MacKay specializes in intellectual property, employment law, and commercial litigation. His clients
range from start-up businesses to corporations such as Autodesk, Inc., and Dyson Ltd. His work has resulted in
favorable judgments, preliminary and permanent injunctive relief, and settlements for his clients. He is a cochair of the firm’s Litigation Practice Group and serves as General Counsel for the firm.
Andrew’s intellectual property practice includes both pre-litigation enforcement work and litigation in the areas
of copyright, trademark, trade dress, domain name, trade secret, and patent. His copyright cases have involved
infringement of his client’s rights in business software, music, architectural drawings, videogames, books and
eBooks, and artwork. These matters often involve removal of online infringing content under the provisions of
the Digital Millennium Copyright Act (DMCA) and claims related to the circumvention of technological measures
designed to control access to a work.
Andrew represents companies in litigation in federal and state court and trademark prosecution before the
Patent and Trademark Office (PTO). He protects client against trademark counterfeiting and infringement of
marks for business names and products, such as software, musical recordings, and household products like
bladeless fans. He has experience with trade dress matters involving franchise design and layout and product
design, for products such as chairs and other furniture, and product packaging, for products such as nutritional
supplements.
Andrew enforces his clients’ rights in domain names both through lawsuits involving claims such as
cybersquatting and Uniform Domain-Name Dispute Resolution Procedures (UDRP). His work involves monitoring
and enforcement efforts for both existing and new domain name registrations that are substantially similar to
his clients’ trademarks or that involve intentional misspelling of his clients’ trademark, known as typosquatting.
Andrew has experience protecting clients’ trade secrets such as customer lists, production manufacturing and
design, and online and physical distribution of products. His patent practice involves prelitigation enforcement
and litigation of both design and utility patents. He frequently advises companies in computer and internet law,
such as branding and claims of online defamation.
Aside from intellectual property matters, Andrew’s litigation experience includes:
•
•
•
•

Commercial litigation which focuses on complex issues of contract interpretation covering disputes
ranging from software licenses and product warranties to distribution and reseller agreements
Shareholder, indemnity, and insurance disputes
Trust and estate disputes
Real estate

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Andrew S. Mackay
•

Employment law issues including claims of discrimination and harassment and unpaid wages. He has
represented employers in class actions and administrative proceedings. He also counsels clients
regarding compliance with employment laws.

Affiliations
•

•

Member, Marin County Bar Assocaition
o Member, Intellectual Property Section
o Member, Litigation Section
o Member, Employment Law Sections
Member, Alameda County Bar Association

Honor & Awards
•
•

Recipient, Anthony F. Draggonette Award for Outstanding Achievement in Civil Litigation Trial Practice
Recipient, American Jurisprudence Award for Civil Litigation Trial Practice

Education
•
•

J.D., University of California, Berkeley School of Law, 1998
B.A., Yale University, 1995, summa cum laude

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Padmini Cheruvu
Associate
1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]
[e-mail]

Overview
Padmini Cheruvu is a litigation associate with a focus on intellectual property, employment and business
disputes. She has assisted clients in all stages of litigation, including discovery, pre-trial motions and trial
preparation. She has experience representing business owners in:
• Employment law matters involving wage and hour claims
• Commercial and business litigation matters involving contractual disputes and business torts
Padmini’s intellectual property practice concentrates on the prosecution and defense of:
• Trademark infringement cases
• Trade secret misappropriation issues
• Trademark Trial and Appeal Board (TTAB) proceedings.
During law school, Padmini was the operations editor for the Hastings Communications and Entertainment Law
Journal and a staff editor for the Hastings Science and Technology Law Journal. During her final year, she
participated in the Hastings Workers’ Rights Clinic, where she counseled low-income workers in a wide range of
employment issues, and the Hastings Mediation Clinic, where she mediated cases in the San Francisco Small
Claims Court. She was a teaching assistant in legal writing and research and a singer and musical director of
Hastings Legal Notes.

Affiliations
•

Member, Alameda County Bar Association

Honor & Awards
•
•

Recipient, CALI Excellence for the Future Award
Recipient, Witkin Award – Negotiations and Settlement

Education

J.D., University of California, Hastings College of the Law, 2014
B.S., University of California, Los Angeles, 2011

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Casey Williams
Associate

1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]
[e-mail]

Overview

Casey Williams is a litigation associate with a focus on employment and business matters. In addition, a
significant portion of her practice is devoted to working with nonprofit organizations with corporation
formation, tax-exemption applications, and governance issues. She is an active volunteer at the Low Income
Landlord Clinic and Immigration Clinic operated by the Volunteer Legal Services Corporation, the nonprofit arm
of the Alameda County Bar Association.
Casey teaches Legal Aspects of Human Resource Management at the College of Extended Learning at San
Francisco State University. The class is a primer on legal issues employers and human resource professionals
routinely encounter, including wage and hour, discrimination, employee leave, and hiring and termination
issues.
Prior to joining the firm, Casey served as an extern for the Hon. Claudia Wilken of the U.S. District Court for the
Northern District of California. During law school, she served as a production editor for the UC Hastings Science
& Technology Law Journal and was a member of the board of the moot court team.

Affiliations
•
•
•
•

•
•
•

Member, Council of Business Advisors
Member, Business Law and Real Property Law sections - State Bar of California
Member, Business Law Section - American Bar Association
Member, Alameda County Bar Association (ACBA), 2011-present
o Member, Executive Committee, Barristers Section, 2013-2015
o Commissioner, Judicial Appointments Evaluation Committee, 2014-present
Pro Bono Attorney and Volunteer, Volunteer Legal Services Corporation, 2011-present
o Supervising Attorney, Low Income Landlord Clinic, 2014-present
o Coordinating Attorney, Immigration Law Clinic, 2012-present
Volunteer, Resilient Communities Legal Café, Sustainable Economics Law Center , 2015-present
Member, Earl Warren Inn of Court, 2015-present

Honors & Awards
•
•
•

Nominee, Jack Berman Award of Achievement, State Bar of California, 2016
Named, Volunteer of the Year, Volunteer Legal Services Corporation, 2014
Recipient, Wiley W. Manuel Certificate for Pro Bono Legal Services, State Bar of California, 2013

Education

J.D., Hastings College of the Law, University of California, San Francisco, 2011
B.A., University of California, Berkeley, 2007
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Robert K. Walker
1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]

Overview
Robert K. Walker’s practice focuses on business law and on intellectual property with an emphasis on copyright,
entertainment, and technology law.
In addition to his practice, Rob is a research fellow with the Technology and Privacy Project at the University of
California Hastings College of the Law. He has published articles on copyright law and privacy law in the
Northwestern University Law Review, Cardozo Law Review, Notre Dame Law Review, and the Hastings Law
Journal.
While in law school, Rob served as a student liaison to the American Bar Association Forum Committee on
Communications Law and an editor of the Hastings Law Journal. Before law school, he worked as a video
producer, director, and editor for CNNMoney.com and TVGuide.com and as a technology project manager for
Condé Nast publications. While at CNN, he was a member of the production team that won a 2008 Peabody
Award for distinguished public service in broadcasting. He holds a professional certificate in entertainment
media management from New York University.

Education
•
•

J.D., University of California, Hastings College of the Law, magna cum laude
B.A., University of Virginia, with high distinction

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William R. Hill
Partner

1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]
[e-mail]

Overview

William “Rock” Hill is a partner in Donahue Fitzgerald with thirty years of experience focused primarily on
litigation, intellectual property and commercial law. His intellectual property practice encompasses all aspects of
IP management and litigation, from copyrights, trademarks, and trade secrets to patent litigation. He also
represents retailers, manufacturers, and contractors in various commercial matters, and employers in workrelated disputes before federal and state regulatory agencies and in mediations, arbitrations, and trials.
Rock is one of the firm’s chief commercial and intellectual property litigators. He has prosecuted thousands of
individuals and businesses charged with infringing copyrights and trademarks, pirating domain names, and
misappropriating trade secrets, negotiating settlements or filing lawsuits as appropriate. To date, his efforts
along with his colleagues in the firm have resulted in recoveries of over $500 Million for software companies
such as Microsoft, Autodesk, Novell, Symantec, Macromedia, Aldus, and Adobe, along with members of the
Business Software Alliance and the Software & Information Industry Association.

Rock’s intellectual property practice extends to non-technology companies as well. He has successfully
represented major supermarket chains and restaurants in trademark litigation over the use of protected marks.
He has prosecuted and defended clients in numerous cases involving local, regional, and national infringement
of intellectual property rights.
Rock maintains an active commercial practice as well. He has served as lead trial attorney in over thirty jury and
non-jury trials in both state and federal court, in addition to handling numerous mediations and arbitrations. He
has defended several multi-million dollar class action cases, including Berger, et al. v. Property I.D., et al. class
action in federal court in Los Angeles, where he obtained a dismissal in a case ultimately settled with the other
defendants in excess of $25 million.
Rock served as the firm’s CEO from 1998 through 2005. During law school, he was an extern for the U.S. Court of
Appeals for the Ninth Circuit.

Affiliations
•
•
•
•

Member, State Bar of California
Member, Alameda County Bar Association
Member, Litigation Counsel of America
Member, Advisory Board of Directors, Oakland Boys and Girls Club

Honors & Awards
•

Named, Super Lawyer – Northern California, Super Lawyers Magazine, 2004-2009

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William Hill

•

Awarded, AV Preeminent

® Peer Review Rating, Martindale-Hubbell

Education

J.D., University of California, Berkeley School of Law, 1984
M.A., Stanford University, 1981
B.A., University of California, Berkeley, 1978

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Jonathan Osder
Partner
1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]
[e-mail]

Overview
Jonathan’s area of expertise is intellectual property law. His practice extends internationally and he is often
engaged in cutting edge legal issues that involve:
•
•
•
•
•
•
•
•

Copyrights
High technology, including computer, Internet, and new media law
Trademarks
Domain name disputes
Patent enforcement and licensing
Unfair competition
Rights of publicity
General civil matters

Jonathan counsels diverse clients, including prominent software companies, manufacturers, musicians,
universities, computer programmers, authors, artists, professors, producers, professional athletes,
restaurateurs, photographers, and other entrepreneurs on how to secure, protect, license, transfer, and enforce
their proprietary rights. This includes helping clients identify their valuable intellectual property assets,
preparing proper documentation to memorialize their ownership rights, and facilitating recordation and
registration of those rights with the appropriate government agencies. In the copyright context alone, he has
worked on over 1,000 copyright registration applications for registration with the U.S. Copyright Office.
As a professional negotiator, Jonathan has substantial experience and has demonstrated his expertise through
his handling of many multi-million dollar negotiations for which he also drafted complex agreements. He is an
experienced and talented negotiator and drafter of various agreement types, including license, intellectual
property transfer, software and website development, consultation, distribution, settlement, non-disclosure,
advertising, Internet, computer-related, publishing, merchandise, synchronization, public performance, musician
tour, character licensing, recording, endorsement, sponsorship, and right of publicity agreements.
Jonathan helps supervise the firm’s IP enforcement programs, including its software license compliance, domain
name enforcement, and patent enforcement programs conducted on behalf of clients such as Autodesk, Inc.,
UK-based Dyson Technology Limited, Monster, Inc., Denmark-based Sitecore Corporation, the Software &
Information Industry Association, and Symantec Corporation. He has negotiated the recovery of several million
dollars prosecuting civil claims of software copyright infringement on behalf of clients such as Autodesk, Intuit,
and trade organizations whose members include Adobe Systems, Apple Computer, Autodesk, Microsoft
Corporation, Network Associates, Novell, and Symantec.

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Jonathan Osder
Internationally, Jonathan provides legal support to attorneys worldwide. Two noteworthy matters include
negotiating a sponsorship deal with then Formula One racing world champion Jenson Button and, in connection
with the 120th anniversary of the Eiffel Tower, clearing rights to Hollywood blockbuster films for The Société
d’Exploitation de la Tour Eiffel, so famous scenes featuring the Eiffel Tower could be publicly displayed there.
Jonathan served as the firm’s chief operations officer from 2005-2014. While awaiting his California Bar results,
he worked in Melbourne, Australia for Phillips Fox Solicitors, one of Australia’s largest law firms, which has since
merged with DLA Piper. During law school, Jonathan served as a comments editor of the University of San
Francisco Law Review.

Affiliations
•
•

Member, Intellectual Property Section, State Bar of California
Member, Alameda County Bar Association

Honor & Awards
•

Awarded, AV Preeminent

® Peer Review Rating, Martindale-Hubbell

Education
•
•

J.D., University of San Francisco, 1993
B.A., University of California, Berkeley, 1989

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Jonathan McNeil Wong
Partner
1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]
[e-mail]

Overview
Jonathan McNeil Wong heads the firm’s immigration and nationality law practice, advising and representing
domestic and international companies that are hiring foreign nationals to work in the United States. He
recommends immigration strategies to employers and represents them before the Departments of State and
Homeland Security. He has handled the immigration process for U.S. companies seeking the services of foreign
engineers, scientists, technical specialists, and marketing and operations personnel in diverse business sectors
ranging from architecture to zoological science. He is also experienced in the transfer of foreign executives,
managers, and other key personnel to American branches of foreign companies. In employment circumstances
involving access to trade secrets and other proprietary information, he assists employers in evaluating the
foreign worker’s background and structuring a relationship that protects his clients’ interests.
An experienced litigator, Jonathan counsels employers and defends them against claims of wrongful
termination, discrimination and sexual harassment, and other employment-related issues. He has also
represented plaintiffs in employment-related individual and class litigation. He has served as trial counsel in
multiple trials, has represented clients in numerous mediations and arbitrations, and has successfully argued his
clients’ cases before California and federal appeals courts. He was lead counsel for instatement procedures and
was responsible for negotiating the settlement of all claims made by 1,200 employees in a class action lawsuit
settled by a consent decree. His litigation practice also includes advising clients, in-house counsel, and partner
law firms on electronic discovery best practices, technology assisted review, and compliance with new federal
and state electronic discovery rules.
Jonathan advises employers on personnel disputes, employee discipline, demotions, and terminations. He drafts
and reviews employee policy manuals, checking for compliance with all federal, state, and local regulations. He
also counsels employers on workplace safety and OSHA compliance and on the implications of the Americans
With Disabilities Act. He assists employers in complying with federal, state, and local requirements governing
wages, hours, and other conditions of employment and defends them in administrative proceedings brought by
government agencies. As part of his employment and labor law practice, Jonathan negotiates and drafts
employment agreements for key employees, executives, and officers. His labor relations practice concentrates
on advising employers regarding union elections, employee grievances, contract interpretation and collective
bargaining strategies and techniques.
Jonathan is the recipient of multiple awards for his provision of pro bono legal services to the indigent. He is
fluent in French, German, Spanish, and Mandarin Chinese. In law school, he was an editor of the U.C. Davis
School of Law Law Review and received the Patrick Hopkins Law Prize.

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Jonathan M. Wong

Affiliations
•
•
•
•

Member, American Immigration Lawyers Association
Member and former president, Alameda County Bar Association
Former president, Volunteer Legal Services Corporation - Alameda County Bar Association
Instructional Faculty, San Francisco State University Extended Learning

Honor & Awards
•
•
•
•
•

Recipient, Pro Bono Leadership Award, Volunteer Legal Services Corporation, 2013
Recipient, Pro Bono Angel Award, California Lawyer Magazine, 2007
Recipient, Distinguished Service Award, Alameda County Bar Association, 2003
Recipient, President’s Pro Bono Service Award, State Bar of California, 2000
Named, Super Lawyer – Immigration, Northern California, Super Lawyers Magazine, 2008-2012

•

Awarded, AV Preeminent

® Peer Review Rating, Martindale-Hubbell

Education
•
•

J.D., University of California, Davis, School of Law, 1982
B.A. Pomona College, 1979

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Jason M. Flom
Associate
1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]
[e-mail]

Overview
Jason M. Flom represents corporate and individual clients in an assortment of matters, specializing in civil
litigation. He has defended and prosecuted intellectual property infringement cases, defended employers in
employment cases, opposed a class action claim, represented ex-business partners in relationships that have
degraded beyond repair, advocated for creditors in bankruptcies and litigated real property disputes.
In law school, Jason served as the executive editor of the Communications and Entertainment Law Journal and
spent a semester serving low income clients at the Hastings Civil Justice Clinic. He continues to represent lowincome clients in partnership with the East Bay Community Law Center.

Affiliations
•
•

Member, Alameda County Bar Association
Member, State Bar of California

Honor & Awards
•

Recipient, Witkin Award for Academic Excellence in Advanced Corporations

Education
•
•

J.D., University of California, Hastings College of the Law, 2012
B.A., Westmont College, cum laude

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Daniel H. Senter
Associate
1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]
[e-mail]

Overview
Daniel Senter represents a variety of individual and corporate clients, with an emphasis on intellectual property,
entertainment, and general business law. Primary areas of his practice include:
•
•
•
•
•
•
•

Intellectual property, entertainment, and business contracts
Copyright filings and enforcement
Broadcast, webcast, and podcast counseling
Trademark filings – domestic and international
Trademark Trial and Appeal Board (TTAB) proceedings
Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings
IP and general business litigation

Prior to joining Donahue Fitzgerald, Daniel worked at another Bay Area law firm, where his practice included
copyright and trademark counseling, as well as state and federal court litigation. Prior to that, he worked in
juvenile public defense in Alameda County.
During law school, Daniel served as an editor of the Los Angeles Public Interest Law Journal. He was a quarterfinalist in the Hale Moot Court Honors Program and a clinical participant in the Intellectual Property and
Technology Law Clinic.
Since 2012, Daniel has provided pro bono legal assistance to local artists as a panel attorney with the California
Lawyers for the Arts. He also volunteers with The Bay Bridged, a music and arts events organization, where he
produces concerts and writes music reviews.

Affiliations
•
•

Member, Copyright Society
Member, California Lawyers for the Arts

Honor & Awards
•
•
•

Named, Outstanding Young Lawyer, National Association of Counsel for Children, 2014
Awarded, Jefferson Award, CBS, 2013
Awarded, Irmas Fellowship, USC Gould School of Law, 2010

Education
•
•

J.D., University of Southern California Gould School of Law, 2010
B.A., Harvard University, 2004, cum laude

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Megan S. Shaked
Associate
1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]
[e-mail]

Overview
Megan Shaked’s practice focuses on employment and business matters. She has assisted individuals as well as
corporations, nonprofits, and public entities with such matters as contract disputes, construction litigation,
securities offerings, trademark enforcement, and wage and hour disputes.
Megan coaches the Trial Advocacy Team at the College of the Law, U.C. Hastings, in mock trial competitions. She
is an active member of the UCLA Alumni Association, where is assists with the Alumni Association Scholarship
Program.
During law school, Megan was a member of the Trial Advocacy Team and participated in the Civil Justice Clinic.

Affiliations
•
•

Member, Alameda County Bar Association
Member, Alumni Association, University of California, Los Angeles

Honors & Awards
•

•
•

Recipient, Outstanding Performance in the Individual Representation Clinic, Civil Justice Clinic, College of
the Law, U.C. Hastings
Recipient, CALI Excellence for the Future Award
Recipient, Witkin Award for Academic Excellence

Education

J.D., University of California, College of the Law, U.C. Hastings, 2010
B.A., University of California, Los Angeles, cum laude

EXHIBIT A
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May A. Whitaker
1999 Harrison Street, Floor 25
Oakland, CA 94612
[phone]

Overview
As a member of the firm’s Business and Corporate, Employment, and Litigation practice groups, May Whitaker
advised private companies on the formation and operation of business entities, intellectual property,
employment, securities and general commercial litigation matters. She has a broad range of experience in
handling complex business transactions for established and emerging entities, including drafting and reviewing
corporate documents and agreements in connection with reorganizations and conversions, strategic alliances,
private equity financing, and mergers and acquisitions.
During law school, May served as the production editor for the Berkeley Journal of Gender, Law & Justice and as
secretary of the Boalt Hall Student Association. She also served as the Berkeley Chapter Director of the Iraqi
Refugee Assistance Project. She helped co-found the Boalt Veteran Assistance Project and completed a field
placement at the Housing and Economic Rights Advocates in Oakland. Before law school, May worked for nearly
a decade in the private sector for a prominent Bay Area general engineering construction company.

Education
•
•

J.D., University of California, Berkeley School of Law, 2014
B.A., San Francisco State University, 2010, summa cum laude

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