Jennifer J. McGrath
Jennifer J. McGrath represents entertainment and business clients in a variety of disputes, with an emphasis on intellectual property litigation, including copyright, trademark and breach of implied contract matters. Ms. McGrath specializes in counseling individual and corporate clients in the entertainment and new media fields with regard to policing privacy, reputation and intellectual property rights.
Ms. McGrath was part of the legal team which recently prevailed at trial, winning a $140 Million verdict for client Hulk Hogan in his invasion of privacy case against Gawker Media LLC and two of its editors.
Ms. McGrath also handles high profile business and personal disputes on behalf of music, television and film clients and celebrities, including those involving employees, investment partners, managers and other representatives, and the paparazzi. Ms. McGrath assists such clients with a variety of agreements, including employment agreements, nondisclosure/confidentiality agreements and settlement agreements. Ms. McGrath also litigates a variety of general business claims involving breach of contract, breach of fiduciary duty and fraud.
Ms. McGrath was previously a partner at Kinsella, Weitzman, Iser, Kump and Aldisert LLP and Harder Mirell & Abrams LLP, and a litigation associate at Greenberg Glusker LLP, practicing primarily in the areas of entertainment and intellectual property litigation. Ms. McGrath has been recognized as a 2015 and 2016 Super Lawyer, and was previously recognized as a Super Lawyer Rising Star (2009) by Southern California Super Lawyers, a Thomson Reuters business. Ms. McGrath is a graduate of UCLA Law School, and a graduate of UCLA, summa cum laude and Phi Beta Kappa.
AREAS OF PRACTICE:
ENTERTAINMENT AND INTELLECTUAL PROPERTY LITIGATION
- Right of Publicity
- Privacy Rights, including TROs and Injunctions
- Trademark Infringement, including Lanham Act claims
- Copyright Infringement, Idea Submission and Implied Contract claims
- Defamation (Libel and Slander)
- Profit Participation, Royalty and Audit matters
- Licensing and Merchandising
- New Media
- Terminating Internet Imposters & Infringers
- Talent Agencies Act
- Advertising and Promotions
GENERAL BUSINESS LITIGATION
- Breach of contract
- Business torts including fraud, breach of fiduciary duty, constructive fraud, tortious interference with business relations, conversion, unjust enrichment and professional negligence
- Unfair competition
- Trade secrets
- TRO and injunction proceedings
- Successfully prosecuted claims of fraud and breach of fiduciary duty against world famous music celebrity’s business manager in connection with the misappropriation of client funds, resulting in large settlement for plaintiff.
- Helped obtain seven figure malpractice settlement against well-known television producer’s representatives in connection with negligence in the drafting of a contingent compensation clause in the producer’s talent agreement;
- Defeated Motion for TRO to prevent client from attending major industry trade show based on erroneous claim of trademark infringement; settled underlying claim with minimal cost to client.
- Represented both individual clients and entities in connection with claims of fraud, breach of fiduciary duty and breach of contract in connection with illegal tax shelters marketed and sold by major Big Four accounting firms, obtaining six and seven-figure settlements for numerous such clients.
- Assisted with successful arbitration of tax shelter claim; after judgment (including attorneys’ fees) in client’s favor, the claims were ultimately settled for a seven-figure sum.
- Represented defendant in trade dress dispute in Federal Court, helping to obtain a favorable settlement on the eve of trial as a result of successful motions in limine to exclude evidence of damages.
- Negotiated seven-figure employment agreement on behalf of editor-in-chief of major, “Top 25” print and online magazine.
- Argued breach of implied contract matter involving dispute between screenwriters before the California Appellate Court.
- Handled all aspects of defense of numerous state and federal court nuisance lawsuits brought by paparazzi, employees and others against celebrity clients, including cases involving claims of assault and battery and employment actions.
- Has represented both plaintiffs and defendants regarding claims of copyright and idea theft involving both fully realized screenplays and reality show concepts; analyzes materials for similarities under applicable standards and counsels clients.
- Juris Doctor, University of California, Los Angeles School of Law
- Bachelor of Arts in History, University of California, Los Angeles, summa cum laude, Phi Beta Kappa
- Named a 2015 and 2016 Super Lawyer by Southern California Super Lawyers, a Thomson Reuters business.
- Named a Rising Star by Southern California Super Lawyers, a Thomson Reuters business.
- Member, SAG-AFTRA
- Member, Academy of Television Arts & Sciences
- Member, Association of Business Trial Lawyers
- Member, Los Angeles County Bar Association
- Member, Beverly Hills Bar Association
- Member, American Bar Association