Sports and entertainment law

Represented Lord Leslie Benzies, co-creator of Grand Theft Auto, one of the most popular and profitable video games in the world, in a case involving his royalties and other compensation for the successful games he developed as president of Rockstar North.  The claims against his former partners and co-creators included breach of contract, constructive discharge, and tortious interference with economic relations. They counter-claimed for trade secret theft and breach of contract.  After considerable discovery, we achieved a favorable settlement for our client.

Represented tennis legend Andre Agassi in breach of contract claim. Arbitration panel rendered confidential result after four-week arbitration.

Markowitz Herbold, along with Goldstein, Borgen, Dardarian & Ho; Ackermann & Tilajef PC; and India Lin Bodien, Attorney at Law, are representing plaintiffs in a federal class action lawsuit against Nike, Inc. for pay inequity and gender discrimination.

Plaintiffs allege that Nike’s corporate culture devalues and demeans its female employees. The suit alleges that for years, Nike has engaged in practices that have perpetuated gender-based pay disparities, such as hiring women at lower salaries than men, discriminating during the performance review process, and promoting women less frequently than male employees doing substantially similar work. The plaintiffs also allege a culture of sexual harassment and gender discrimination at Nike. According to legal scholar Elizabeth Tippett of the University of Oregon, this is the “first big case where we've seen a #MeToo case being litigated in court.”

Represented owners of ski resort in lawsuits filed against them by former officer and shareholder for breach of fiduciary duty and violations of securities laws. Settled prior to trial.

Represented Hollywood Entertainment against claims for $225 million in damages for breach of revenue sharing agreement for distribution of video cassettes. Hollywood counterclaimed for discrepancies in accounting and antitrust violations. Settled during second week of trial.

Represented convertible equity members to enforce their rights to purchase a golf club and related facilities. Obtained temporary restraining order precluding increase in dues and injunctive relief requiring sale to members. Prevailed in court to mandate sale. Prevailed in arbitration to obtain multi-million dollar discount of sales price.

Represented media/entertainment/restaurant company in defense of breach of licensing agreement claims brought by licensor. Settled prior to trial.

Represented sports marketing company in dispute with major league baseball player and "superagent" regarding alleged breach of agreement to negotiate. Resolved case prior to the initiation of litigation.

Represented adidas in Clark County, Nevada District Court in a breach of contract dispute. adidas sued the defendant company for its failure to pay for more than $500,000 worth of merchandise, and sued to collect on a personal guaranty. The defendant counterclaimed for the value of the loss of the business, in the amount of $65,000,000.  After a nearly two-week bench trial, the judge ruled in our client’s favor awarding the full prayer, plus attorneys’ fees against both the business and its personal guarantor. The defendant received nothing for its counterclaims.

Represented former professional NBA star in a federal court lawsuit against accounting firm for fraud and breach of fiduciary duty. Resolved by settlement.

Represented sports marketing company in dispute with sports icon regarding termination of endorsement agreement. Resolved case in first meeting with opposing party.

Represented radio station owner in federal court action to enforce FTC order requiring another radio station to change frequency. Filed simultaneous lawsuit in state court to obtain damages arising from the radio station's failure to timely comply. Resolved by settlement.

Represented client against athlete and "superagent" who alleged breach of multi-million dollar endorsement agreement. Successfully disentangled relationship and avoided litigation.

Represented client in confidential arbitration against athlete for breach of endorsement agreement. Successfully resolved matter within days of filing demand for arbitration.

Represented adidas America in breach of sponsorship agreement claim. Parties reached a confidential settlement that included severing the relationship.

Represented former Nike sales executive against claims by Nike to prohibit him from selling footwear for Oakley based on noncompetition agreement. Preserved severance payments and partially defeated broad injunction, thus allowing client to continue to work in footwear division of Oakley.