Firm Argues and Wins 9th Circuit Appeal on behalf of The Elvis Presley Estates

Los Angeles, CA — January 2010

LTL recently won an appeal before the United States Court of Appeals for the Ninth Circuit on behalf of the Elvis Presley Estates. Circuit Judges Pamela Rymer, Andrew Kleinfeld, and Barry Silverman, in a 3-0 decision, agreed with LTL that defendants had committed fraudulent conveyance to avoid a multi-million copyright judgment. Defendants retained several major law firms, which filed numerous appellate motions, all of which were denied by the Ninth Circuit. The oral argument can be heard here. [9th Circuit Oral Argument ].

Partner K. Luan Tran, who briefed and argued the appeal, stated the following: “We are extremely pleased that, after reviewing our supporting evidence, the Ninth Circuit has confirmed that the defendants fraudulently dissipated their assets in an effort to avoid the $3+ million judgment the clients obtained below.” He added: “We are determined to aggressively pursue every avenue possible to execute the judgment.”

LTL has also filed a separate lawsuit in the Los Angeles Superior Court to go after defendants’ co-conspirators in the fraudulent conveyance.

Firm Settles International Arbitration for over $4.1 million in Cash and Stock

Los Angeles, CA — January 2010

The Firm was recently referred an arbitration matter from a nationally renowned law firm less than 4 months before the hearing. The client–one of Israel’s largest venture capital firms–sought contingency counsel, as the estimated legal fees to complete the arbitration on an hourly basis were nearly $1 million dollars. The respondent in the arbitration was a publicly traded company represented by O’Melveny & Myers.

After substituting in, the Firm immediately went to work, reviewing over 30,000 pages of documents and preparing to take and defend fact and expert witness depositions. After about seven weeks and two depositions, the case settled for an upfront cash payment and several million shares worth over $4.1 million dollars.

Firm Argues and Wins 9th Circuit Appeal on behalf of The Elvis Presley Estates

Los Angeles, CA — January 2010

LTL recently won an appeal before the United States Court of Appeals for the Ninth Circuit on behalf of the Elvis Presley Estates. Circuit Judges Pamela Rymer, Andrew Kleinfeld, and Barry Silverman, in a 3-0 decision, agreed with LTL that defendants had committed fraudulent conveyance to avoid a multi-million copyright judgment. Defendants retained several major law firms, which filed numerous appellate motions, all of which were denied by the Ninth Circuit. The oral argument can be heard here. [9th Circuit Oral Argument ].

Partner K. Luan Tran, who briefed and argued the appeal, stated the following: “We are extremely pleased that, after reviewing our supporting evidence, the Ninth Circuit has confirmed that the defendants fraudulently dissipated their assets in an effort to avoid the $3+ million judgment the clients obtained below.” He added: “We are determined to aggressively pursue every avenue possible to execute the judgment.”

LTL has also filed a separate lawsuit in the Los Angeles Superior Court to go after defendants’ co-conspirators in the fraudulent conveyance.

Firm Argues Significant Trademark 9th Circuit Appeal on behalf of Hana Financial

Los Angeles, CA — January 2010

LTL partner Enoch Liang just finished arguing a complicated trademark matter before the United States Court of Appeal for the Ninth Circuit (Judges Pregerson, Reinhardt, and Wardlaw). The issues on appeal involved trademark priority, territoriality, and fraud on the Trademark Office. The oral argument can be heard here [9th Circuit Oral Argument ].

The client first turned to LTL for assistance during the last round of appellate briefing. After seeing LTL’s deep knowledge in trademark matters, the client substituted out its appellate counsel at a full service business law firm with offices around the West Coast.

From the beginning, LTL faced an uphill battle. Not only was the client seeking to overturn a summary judgment ruling below, but LTL had little input into the opening appellate briefs. In fact, LTL never had a chance to review the factual record until after all briefing was finished. Nonetheless, LTL prepared for the oral argument through an in-depth review of the factual record, the cases, and a lengthy, videotaped moot court.

While the Ninth Circuit’s decision is still pending, both the client and LTL are confident that the Ninth Circuit understood that the District Court should not have granted summary judgment below.

Firm Finishes 2010 With a Perfect Record

Los Angeles, CA — January 2010

I. A Perfect 2010: LTL Finishes Undefeated in Trials and Appeals

In 2010, LTL achieved excellent results for its clients at trial and arbitration. In the last 12 months, LTL tried six cases through trial or arbitration—winning four of them (with the last two still under submission). The most significant victory in 2010 was where LTL defeated an $18 million claim brought against LTL’s client.

However, victories at trial may be meaningless if they are not defended on appeal. In the past year, LTL briefed and argued five appeals, including three in the Ninth Circuit. LTL has won four of the five appeals (with the fifth currently under submission).

According to LTL partner K. Luan Tran: “In litigation, it is hard to have a ‘perfect’ record. 2010 was unusual in the sense that LTL won every single trial or arbitration and every single appeal, including two instances where LTL substituted in for the appeal after another firm had lost the case below. We are looking forward to replicating this feat in 2011, which will be starting off with a bang—LTL already has two jury trials scheduled to start in the first week of January.”

Indeed, right before Thanksgiving, a LTL associate won another trial. Just a few months after joining LTL, Caleb Liang tried a two-week bench trial, as the “first chair,”, against a seasoned trial lawyer. The Court found liability and awarded LTL’s client 90% of the damages requested by Mr. Liang. Just as important for LTL’s client, the Court also awarded full attorneys’ fees and costs.

According to partner James Lee: “Because every single one of our associates has been a ‘first chair’ trial lawyer, they have an excellent understanding of litigation’s ‘end game.’ Knowing what will ultimately matter at trial is invaluable and gives our associates a clear edge in preparing a case for trial, including during the discovery process.”

II. LTL in the News

In a recent edition of the Daily Journal, LTL’s client Thomas McKeever, General Counsel of Actuate Corporation, was interviewed. In the interview, Mr. McKeever discussed why he has retained LTL to litigate 75% of Actuate’s currently active litigation matters.

“Different cases are different shapes and sizes, and you need to find the right lawyers for those particular jobs. In the case of Lee Tran & Liang . . ., I have a lot of . . . cases around half a million dollars or around a million dollars in potential damages that I just don’t think are economical to bring to the larger firms. They’re a young, hungry firm, a spin-out of a very good Los Angeles firm. . . . They are flexible about working with me to find a way to manage expenses and matching expenses with revenue. . . . ”

-Daily Journal, Dec. 7, 2010