Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Courthouse Steps

By ALM Staff | Law Journal Newsletters |
March 01, 2004

CASE CAPTION: Breakwater Partners LP v. John E. Bryson (and a group of directors and officers), Michael D. Eisner and The Walt Disney Co., L.A. Superior Court # BC310518. (This is the first numbered of a series of similar suits filed in L.A. Superior Court. All but the derivative suit are stockholder class actions.)

CAUSE OF ACTION: Breach of fiduciary duty.

COMPLAINT ALLEGATIONS: To entrench themselves at the company, Eisner and the members of the Disney board of directors failed to fairly consider a buyout bid from Comcast. The defendants failed to maximize the value of Disney common stock.

PLAINTIFFS' COUNSEL: In the above cited case, Michael D. Braun of Los Angeles' Stull, Stull & Brody (310-209-2468).


CASE CAPTION: Ralph Andrews v. dick clark productions Inc. and Mosaic Media Group Inc., L.A. Superior Court # BC311363.

CAUSE OF ACTION: Age discrimination.

COMPLAINT ALLEGATIONS: Andrews is a 76-year-old producer of successful game shows, including “You Don't Say.” In late 2001, he decided to return to the creative side of broadcasting, so he contacted Clark. This led to a series of meetings that led Andrews to believe the defendants were sincere about hiring him. After dick clark productions was sold to Mosaic, a Mosaic executive assured Andrews that opportunities would emerge and later invited Andrews to continue pursuing employment. But after being told there were no positions available, Andrews wrote Clark, who replied that the last people hired were ages 27 and 30 and that “people our age are considered dinosaurs.” “The letter devastated Mr. Andrews. It was an admission that the reason dick clark productions did not offer a position to Mr. Andrews was because of his age.”

PLAINTIFFS' COUNSEL: Roxanne Davis and Phillip R. Maltin of Santa Monica, CA's The Davis Maltin Law Firm (310-566-2088).

CASE CAPTION: Breakwater Partners LP v. John E. Bryson (and a group of directors and officers), Michael D. Eisner and The Walt Disney Co., L.A. Superior Court # BC310518. (This is the first numbered of a series of similar suits filed in L.A. Superior Court. All but the derivative suit are stockholder class actions.)

CAUSE OF ACTION: Breach of fiduciary duty.

COMPLAINT ALLEGATIONS: To entrench themselves at the company, Eisner and the members of the Disney board of directors failed to fairly consider a buyout bid from Comcast. The defendants failed to maximize the value of Disney common stock.

PLAINTIFFS' COUNSEL: In the above cited case, Michael D. Braun of Los Angeles' Stull, Stull & Brody (310-209-2468).


CASE CAPTION: Ralph Andrews v. dick clark productions Inc. and Mosaic Media Group Inc., L.A. Superior Court # BC311363.

CAUSE OF ACTION: Age discrimination.

COMPLAINT ALLEGATIONS: Andrews is a 76-year-old producer of successful game shows, including “You Don't Say.” In late 2001, he decided to return to the creative side of broadcasting, so he contacted Clark. This led to a series of meetings that led Andrews to believe the defendants were sincere about hiring him. After dick clark productions was sold to Mosaic, a Mosaic executive assured Andrews that opportunities would emerge and later invited Andrews to continue pursuing employment. But after being told there were no positions available, Andrews wrote Clark, who replied that the last people hired were ages 27 and 30 and that “people our age are considered dinosaurs.” “The letter devastated Mr. Andrews. It was an admission that the reason dick clark productions did not offer a position to Mr. Andrews was because of his age.”

PLAINTIFFS' COUNSEL: Roxanne Davis and Phillip R. Maltin of Santa Monica, CA's The Davis Maltin Law Firm (310-566-2088).

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers Image

In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Fresh Filings Image

Notable recent court filings in entertainment law.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.