Represented an elderly widow in a complex contentious trust matter spanning four years to rescind an ineffective and unwanted estate plan, defeating efforts by her child to impose a medical exam on the client, successfully opposing a petition to have a guardian appointed for the client, successfully persuading the court to dismiss certain cross-claims for which the adverse child lacked standing, defending against derivative lawsuits filed by the trust held companies, preparing for trial and favorably settling in mediation with the client’s daughter.
Represented an individual trustee in a bench trial obtaining a complete and decisive verdict in favor of the fiduciary. Defeated allegations of breach of duty and requests for surcharge.
Represented the co-trustees of the living trust of a deceased celebrity in defeating fraud claims in arbitration. Also represented the co-trustees in resolving untimely claims, including arguing and winning an appeal of a judge’s decision dismissing the barred claims.
Represented the co-executors of the estate of a deceased celebrity in defeating and resolving creditor and contract claims.
Advised a trust-owned partnership and assisted it in successfully retrieving misappropriated funds.
Represented charity in a challenge to a charitable trust, successfully resolving the matter in mediation. Involved allegations of elder abuse and undue influence.
Obtained and enforced a default judgment for a major auction house in an art fraud matter, seizing known California assets.
Advised a trust beneficiary regarding certain trust administration disputes and successfully used litigation to compel an uncooperative trustee to take steps to distribute the assets according to the trust’s terms.
Represented members of a limited liability company in the fashion industry defeating breach of fiduciary duty claims at trial.
Advised foreign entertainment client and successfully resolved a film finance dispute with a production company.
Advised an advertising agency in a dispute with a rock music group regarding music used in a commercial.
Counseled major television studio regarding risk management in non-scripted programming.
Represented family business in real estate dispute, prevailing before the California Court of Appeal.
Represented importer of book lights in defeating a request for a temporary restraining order and preliminary injunction regarding claims of trade dress infringement regarding product design.
State of California, 1998
9th Circuit Court of Appeals, 2000
U.S. District Court for the Central District of California, 2000
U.S. District Court for the Southern District of California, 2003
U.S. District Court for the Eastern District of California, 2008
U.S. District Court for the Eastern District of Texas, 2010
Federal Circuit Court of Appeals, 2011
‘Withers Partner Michael Brophy Named a Most Influential Minority Attorney,’ Withers Insight - January 2020
‘Property Report,’ Wall Street Journal - August 6, 2019, quoted
‘Animal Capital,’ Family Capital - February 27, 2019, quoted
‘Withers Adds Trust, Int’l Tax Attys From Mitchell Silberberg,’, February 2019, quoted
‘Withers Expands LA Practice as 3 Local Attorneys Seek Global Reach,’ The Recorder, February 2019, quoted
‘Preventing and Avoiding Costly Conflicts,’ Trusts & Estates - July 25, 2018, co-author
‘Zobele Mexico alleges Auto Expressions, Kraco Enterprises owes more than $800,000,’ Northern California Record - July 3, 2018, featured
‘Uber to Pay Waymo $245 Million to Settle Blockbuster Self-Driving Secrets Case,’ SF Gate and San Francisco Chronicle - February 9, 2018, quoted
‘Four Days, $245 million: How Waymo v. Uber Came to an End,’ CNET and __ iTruck.news - February 9, 2018, quoted
‘Waymo Will Get Driverless Car Due Diligence Report, but Little Time to Use It,’ The Recorder - September 14 2017, quoted
‘Parse the Issues Involving Guardians in Legal Proceedings,’ Estate Planning, July 2017, co-author
‘Car Exec Sacked in Uber Stoush,’ The Australian, June 2017, quoted
‘Silicon Valley DNA vs. NDAs,’ The Street - May 21, 2017, quoted
‘Silicon Valley DNA vs. NDAs,’ The Deal - May 19, 2017, quoted
‘Alphabet gets Access to Uber’s Secrets,’ The Australian - May 17, 2017, quoted
‘Uber Takes Hit in Car-Tech Fight,’ Wall Street Journal, Fox Business, and 4-Traders - May 16, 2017, quoted
‘Uber’s Self-Driving Car Ambitions Live Another Day,’ AZ Central, Springfield News Leader, Detroit Free Press, Cincinnati.com and USA TODAY - May 3, 2017, quoted
‘Uber Says it’s Not "Hiding Anything" in Waymo Case,’ CNET - May 3, 2017, quoted
‘Injunction Against Uber? No Decision Yet,’ Uncova - May 3, 2017, quoted
‘Uber to Waymo: We Aren’t Using Your Self-Driving Car Tech,’ CNET - April 8, 2017, quoted
‘Uber Denies Using Waymo LiDAR In Google Tech Theft Case, Says It Has Its Own,’ Forbes - April 7, 2017, quoted
‘Facing A Self-Driving Smackdown, Uber Opts For Damage Control,’ WIRED - April 7, 2017, quoted
‘Arbitration: Beware of the Unintended Risks,’ Los Angeles Daily Journal, co-author
‘Privacy Protection: What Every In-House Counsel Needs to Know About: Managing and Protecting Private Employee, Consumer and Company Information,’ Association Of Corporate Counsel of America, Southern California Chapter, contributor
‘Largest Firm’s Split Decisions,’ Los Angeles Business Journal, referenced
Los Angeles County Superior Court Civil Bench-Bar Liaison Committee
Los Angeles County Superior Court Temporary Judge Program (Judge Pro Temp)
LGBT Bar Association of Los Angeles Board of Governors
Los Angeles County Bar Association Diversity in the Profession Committee
Los Angeles County Bar Association Subcommittee on Diversity in the Judiciary Co-Chair
Los Angeles County Bar Association
Beverly Hills Bar Association
‘Help! The Gardener is Stealing My Inheritance,’ San Fernando Valley Bar Association, Probate and Estate Planning Section
‘Help! The Gardener is Stealing My Inheritance,’ South Bay Association, Trust and Estate Section
‘The Kids Are Not Alright: Drafting Estate Plans to Prevent Future Public Family Disputes,’ Conejo Valley Estate Planning Council
‘Help! The Gardener is Stealing My Inheritance!’ Beverly Hills Bar Association, Trusts & Estates Section
‘What Every Future Lawyer Needs to Know About Serving as the Family Fiduciary’, UCLA Tax and Estate Planning Law Association
‘Navigating Legal Issues in the Electronic Age’, Association of Corporate Counsel of America, Southern California Chapter
‘Perspectives on Trustee Fees: Evaluating ‘Reasonableness’ in Trust Planning, Administration and Litigation’, Beverly Hills Bar Association
‘Privacy Protection: What Every In-House Counsel Needs to Know About: Managing and Protecting Private Employee, Consumer and Company Information’, Association Of Corporate Counsel of America, Southern California Chapter