Gail Migdal Title has been lauded by her clients as “among the finest entertainment litigators in the nation,” known for her "strong, aggressive advocacy, complemented by her innate sensitivity to the business needs of the client."
Throughout her 30 year career, Ms. Title has enjoyed an outstanding record of success, winning many cases outright, resolving others brought against her clients with minimal or no settlement payments and, whenever possible, guiding clients to resolve disputes without litigation. Indeed, in the past five years, Ms. Title has won dismissals in nearly all of her cases, including many matters of complex participation and copyright infringement, while favorably settling the remainder.
Ms. Title serves as Managing Partner of Katten's Los Angeles office, Chair of the firm's Entertainment and Media Litigation Practice and is a member of its national Executive Committee and Board of Directors.
Ms. Title has represented some of the world’s most prominent and successful entertainment companies. Her practice includes all aspects of the entertainment industry, from motion picture and television development, finance and production, to distribution in all media worldwide, and covers a broad range of legal and business issues that arise in the entertainment industry, including intellectual property, unfair competition, contract and business torts.
Ms. Title has been called upon to handle numerous precedent-setting cases involving claims of copyright infringement and theft of ideas. She is also one of the nation’s leading authorities in the area of contingent compensation, including drafting participation definitions, counseling clients in audit disputes, and litigating claims. She has extensive experience in state and federal courts, trial and appellate courts, and in arbitration tribunals. Ms. Title also frequently provides non-litigation advice and counsel to her clients.
In the last year alone, Ms. Title's representative matters have included:
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Kevin Sorbo, et al. v. Universal Studios, LLP: complex profit participation and fraud action involving several hundred million dollars in claims brought against her client by actor Kevin Sorbo in connection with the popular TV series “Hercules.” The court dismissed Sorbo's fraud claims on demurrer and all 24 claims for breach of contract on summary judgment. In April 2009, after more than five years of litigation, the California Court of Appeal affirmed in full the judgment in favor of Universal.
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Scottish American Media, LLC et al. v. Reveille, LLC, et al.: idea submission case alleging that defendants improperly used plaintiffs’ ideas in developing a song-contest reality television show. In April 2009, the California Court of Appeal affirmed in full the trial court’s grant of summary judgment in favor of Ms. Title’s clients.
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Todd Camhe, et al. v. Dreamworks LLC: copyright infringement and idea theft action alleging that DreamWorks improperly used plaintiffs’ works about Las Vegas in connection with the television series “Las Vegas.” In May 2009 we obtained dismissal of this action on summary judgment. The firm also prevailed in a prior case involving the “Las Vegas” series brought by a different claimant.
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Livia Milano v. NBC Universal, Inc., et al.: copyright infringement claim, alleging that the reality television show “The Biggest Loser” infringed on plaintiff’s treatment for a weight-loss competition show. Ms. Title and her team obtained a dismissal of this action on summary judgment in 2008. This litigation is one of three intellectual property cases regarding “The Biggest Loser” that she has handled with favorable results.
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Ram Ben Efraim v. Universal City Studios, et al., Don Enright, et al. v. Universal City Studios, Inc., etc: multiple actions challenging accountings and distribution practices in connection with the motion picture "Private School." Ms. Title’s team obtained dismissals of all the actions brought against her clients, as well as monetary judgments in favor of her clients. Several of these favorable outcomes have been affirmed on appeal and Ms. Title and her team currently represent her clients in the remaining appeals.
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MacIntosh and Kloor v. USA Networks Interactive, LLC et al.: breach of implied-in-fact contract and breach of confidence action alleging that plaintiffs’ ideas, services and treatment were improperly used in the television series “The 4400.” The litigation strategies implemented by Ms. Title and her team resulted in an extremely favorable settlement for her clients.
Ms. Title has successfully litigated additional intellectual property disputes, including representing Tom Clancy in Sohmer v. Clancy re the impact of the LMRA on the author's rights under the Copyright Act, and representation of television exhibitors with respect to restoration of copyrights in foreign works under GATT and the Uruguay Accords. Further, she represented Miramax and several other studios in connection with the landmark copyright preemption case, Grosso v. Miramax.
She has also successfully defended producers in profit participation cases involving series such as "Miami Vice,” "The Rockford Files," and "Simon & Simon.”
Ms. Title is a recognized leader in the Los Angeles legal community, and has received the following recognition:
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Top Women Lawyers in Business WLALA Women of Distinction award
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California’s Top 100 Leading Lawyers (Daily Journal)
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Top 100 Women Litigators (Daily Journal (2006 – 2009))
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Top 75 IP litigators in California (Daily Journal)
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100 Most Influential Attorneys in Entertainment (The Hollywood Reporter (2007-2008))
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Chambers USA: America's Leading Lawyers for Business (2006 – 2009)
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“Super Lawyer” in the Los Angeles and Orange County areas (Los Angeles Magazine and Southern California Super Lawyers Magazine (2005-2008))
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Litigator of the Year 2006 (Century City Bar Association)
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Lawdragon's 3000 Leading Lawyers in America
Ms. Title is regularly asked to lecture on a wide range of entertainment and business-related matters, and has been a commentator on MSNBC and in various print publications.
Ms. Title has been recognized for her accomplishments by the judiciary. She serves as a Lawyer Representative to the 9th Circuit Judicial Conference, Vice-Chair of the Magistrate Judge Merit Selection Panel for the Central District of California, Settlement Officer for the Central District in intellectual property matters and on the Settlement Panel for the Los Angeles Superior Court.
Ms. Title is also actively engaged in public service. She serves on the Executive Committee and Board of the Public Counsel Law Center, the largest pro bono organization in the world, and is co-chair of the organization’s William O. Douglas Dinner, which raises the bulk of the money to support the Law Center. Ms. Title also sits on the Executive Committee and Board of the Constitutional Rights Foundation, and is on the Board of Directors of the Boalt Hall Alumni Association.
Ms. Title earned her J.D. from the University of California, Boalt Hall School of Law, and her A.B. (with honors) from Wellesley College.