The following is a small selection of past cases Clay has resolved for his clients:
Wright Entertainment Group, LLC v. Britney Spears
U.S. 9th Circuit Business Court
Attorney Clay Townsend litigated with Britney Spears on behalf of her former manager Johnny Wright for Breach of Contract.
• Breach of Contract, Accounting
• Client (Johnny Wright) was the former manager for Spears, Backstreet Boys, *NSYNC and currently manages Justin Timberlake, Janet Jackson, The Jonas Brothers and other artists.
• Status: Settled. After an accounting performed on Ms. Spears, an amicable, confidential settlement agreement was entered.
Rear Window: The Sheldon Abend Trust v. Steven Spielberg
U.S. District Court Southern District of New York
Clay Townsend filed copyright infringement claims against Steven Spielberg, DreamWorks, LLC and various other major motion picture entities.
• The Sheldon Abend Revocable Trust v. Steven Spielberg; DreamWorks, LLC; Paramount Pictures Corporation; Viacom, Inc.; Cold Springs Pictures, Montecito Picture Co.; and United International Pictures, B.V.
• Copyright infringement claims against Steven Spielberg, DreamWorks, LLC and various other major motion picture entities filed on September 5, 2008.
• Client (The Sheldon Abend Revocable Trust) alleged that Spielberg and the other named defendants’ production and exploitation of the motion picture released in 2007 entitled Disturbia violates the Trust’s copyright in the original short story by Cornell Woolrich entitled Rear Window.
• Status: Settled. An amicable confidential settlement was reached with Mr. Spielberg and Paramount Pictures prior to the Southern District of New York’s entry of summary judgment in favor of the defendants. The Trust agreed to the voluntarily dismissal of its claims.
Curly Neal, et al v. Harlem Globetrotters International, Inc. and FUBU Clothing Company
Federal Court, District of Arizona
Clay Townsend represented Curly Neal and former Harlem Globetrotters in a Lanham Act case.
• Lanham Act, Right of Publicity, False Light
• Clients were six former Harlem Globetrotter players.
• Status: Settled. Confidential 7 figure settlement after 2 days of trial in Phoenix
Hard Rock Academy Partners, Inc. v. Hard Rock Cafe International Inc
9th Circuit Business Court
Clay represented licensee of the Hard Rock brand for Breach of Contract.
• Tortious Interference, Breach of Contract
• Client was a licensee of the Hard Rock brand for education and musical instruments business
• Status: Settled. An amicable confidential settlement was reached a week before trial.
Mary Demetree & Lee Chira v. Bobby Ginn, Ginn Development Co., & Hammock Beach River Club American Arbitration Association
Attorney Clay Townsend represented clients in a Breach of Contract case.
• Breach of Contract for Purchase and Sale of Real Estate.
• Clients (Mary Demetree and Lee Chira) sold Bulow Creek property near Palm Coast to Ginn, but Ginn failed to pay approximately $7 million due to Clients.
• Status: Settled. Confidential settlement entered by the parties 2 days before the
start of a one week trial. Successfully defeated defendants’ motion for summary judgment on all grounds.
Isham v. The City of Ft. Lauderdale Police Dept.
Attorney Clay Townsend represented a widow against Fort Lauderdale Police Department in death of business man.
• Negligent police chase against a sovereign defendant
• A successful business owner was killed in an illegal hot pursuit by unauthorized undercover officers.
• Status: Jury verdict awarded $1.9 million.
• $17.5 million judgment after verdicts in July 2014 in Orange County after an almost 3-week trial in a real estate development action (Good Gateway, LLC/ SEG Gateway, LLC v. Orlando Gateway Partners, LLC, et al.); and
• $900,000 verdict in June 2015 in West Palm Beach County after a week-long trial in a personal injury action (Blackwell v. Simmons).
• Commercial suit against Conor Dwyer (Olympic Swimmer) in business court in Florida by his former manager (Wright Entertainment & Sports Productions, LLC v. Dwyer) (confidential settlement in July 2015);
• Derivative suit against a multi-member limited liability company in business court in Florida involving multi-millions in damages where the members received an amicable settlement (First Oriental Market, LLC v. Wai K. Pang) (confidential settlement in May 2015);
• Commercial suit against Ryan Lochte (Olympic Swimmer) by his former manager in business court in Florida (Wright Entertainment & Sports Productions, LLC v. Lochte) (confidential settlement in December 2013);
• Copyright infringement suit in federal court in Virginia on behalf of a renowned international composer regarding musical arrangements, choreography, and other intellectual property elements performed at Busch Gardens Williamsburg (Nemo Studios v. Sea World, et al.) (confidential settlement in October 2013);
• Copyright infringement suit in federal court in Missouri regarding theme park development ideas (Revere Entertainment Studios v. Anheuser-Busch, Inc., et al.) (confidential settlement in August 2012);
• Film licensing suit regarding Disturbia/ Rear Window in federal court in California regarding the unauthorized exploitation of the client’s intellectual property rights in the iconic “Rear Window” motion picture (Abend v. NBC Universal Inc., et al.) (confidential settlement in July 2012);
• Copyright infringement regarding the unauthorized international exploitation of Michael Douglas and Catherine Zeta-Jones literary property in a motion picture (American Rights Management v. Reliance Mediaworks, et al.) (confidential settlement in New York in August 2011);
• Securities fraud suit where Clay represented attorney Mark Nejame and a group of 46 other plaintiffs who had lost their investment in a Texas oil company having acquired shares directly from the oil company, the directors and/or officers, as well as other brokers. The defendants went bankrupt and Clay successfully brought E and O claims against the defendants (Mark Nejame, et al v. Mark Western, et al) (settled for $700,000 in June 2011); and
• Copyright infringement suit regarding Disturbia/ Rear Window against Steven Spielberg, Paramount Pictures, and Viacom Inc. in federal court in New York regarding the unauthorized exploitation of the client’s intellectual property rights in the iconic “Rear Window” motion picture (Abend v. Spielberg, et al.) (confidential settlement in March 2010).
Backstreet Boys v. Pearlman (U.S. District Court for the Southern District of New York)
• Breach of Fiduciary Duty, Constructive Fraud, Fraud
• $4 million in claims litigated in federal court
• Resolution: Settled in U.S. Bankruptcy Court for the Middle District of Florida in 2015
Backstreet Boys Litigation (9th Cir. Business Court)
• Hall v. Pearlman – Breach of Fiduciary Duty, Constructive Fraud, Fraud
• Clients are former members, managers and shareholders of the Backstreet Boys
• Resolution: Confidential settlement one day before trial
• Williams v. Pearlman – Breach of Fiduciary Duty, Constructive Fraud, Fraud
• Clients were former managers and shareholders in the Backstreet Boys Inc.
• Resolution: Confidential settlement prior to trial
Clients (Mary Demetree and Lee Chira) sold Bulow Creek property near Palm Coast to Ginn, but Ginn failed to pay approximately $7 million due to the Clients
Resolution: Confidential settlement entered by the parties 2 days before the start of a one week trial.
Successfully defeated defendants’ motion for summary judgment on all grounds