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The Ninth Circuit Affirms Katten's Summary Judgment for Nicholas Clainos in Iconic Rock Memorabilia and Copyright Case

Firm News | December 14, 2017

Bill Graham was the legendary concert promoter behind Bill Graham Presents, the company that introduced and promoted some of the biggest music legends in history. When Graham died tragically in a helicopter crash, his estate plan named company president and one of Graham's closest friends, Nicholas Clainos, executor of the estate and trustee of Graham's children's trusts.

The Los Angeles Litigation team of partners Zia Modabber and Tami Kameda Sims, associate Joanna Hill, and paralegal Carol Winter represented Mr. Clainos when Graham's surviving sons sued him. The sons claimed that Mr. Clainos had breached his fiduciary duty and converted estate assets that included copyrights, trademarks and iconic rock memorabilia through a complicated series of transactions taking place over a decade.

The district court granted summary judgment for our client on the grounds that there were no triable issues of fact. The Graham sons appealed to the Ninth Circuit, and this week the Ninth Circuit, on de novo review, affirmed summary judgment finding that, despite their being hundreds of "facts" taking place over decades, there were no factual disputes that entitled the Grahams to a trial on any of their claims.

Watch Ninth Circuit oral arguments here.

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