Representative Work

George Clinton
Delilah Rene v. Godwin Gruber LLP, et al.
Courtney Love Cobain, et al. v. David Grohl, et al.
James A. Hendrix v. Leo Branton, Jr., et al.

George Clinton, the legendary “godfather of funk,” is a celebrated songwriter, performer, producer, recording artist and visual artist. Since the Spring of 2005, Hendricks & Lewis has represented him and his entities in trials and/or appeals in California, Tennessee, Michigan and Florida, most of which concern his music and recordings and the royalties derived from them.

In one of those cases, George Clinton v. Capitol Records, Inc., et al., No. CV 06-8106 R (SHx), which is set for trial on March 25, 2008, Mr. Clinton has obtained a summary judgment of liability for copyright infringement against both Capitol Records and Priority Records, leaving only damages for trial. In another case, George Clinton v. Capitol Records, et al., No. CV 06-07484 FMC (AJWx), which is set for trial on December 9, 2008, Mr. Clinton has successfully resisted motions to dismiss his claim that Capitol Records has breached its fiduciary duty to Mr. Clinton.

In addition to litigation, Hendricks & Lewis is assisting Mr. Clinton with a broad array of copyright, trademark and contractual issues.

Following our representation of Delilah Rene, host of the popular internationally-syndicated radio program Delilah®, in a contentious litigation that resulted in a favorable settlement, we have continued to represent Ms. Rene and her business ventures in a variety of matters.  Since 2005, Hendricks & Lewis has provided general business advice to Ms. Rene,  her companies, and non-profit organization, including drafting incorporating documents, office and employee manuals, work for hire, confidentiality and licensing agreements, film, publicity and privacy rights releases.  We have also represented Ms. Rene and her production company in contract negotiations that have resulted in exciting new business and media opportunities.  In addition, we have drafted and prosecuted federal trademark applications for Ms. Rene and her companies and provided advice on protecting and managing intellectual property, including her literary works and visual art. 

Courtney Love is the widow of Kurt Cobain, a celebrated songwriter, performer, recording artist and visual artist.  Frances Bean Cobain is their daughter. In 2001, Ms. Love—on behalf of herself, Frances Bean Cobain and a California entity that had been established to receive payment for the benefit of Ms. Love and Frances Bean Cobain from revenues generated by the assets of the Kurt Cobain legacy—filed suit in state court in Seattle, Washington against (a) the surviving Nirvana band members Krist Novoselic and David Grohl; (b) an LLC of which Ms. Love and Messrs. Grohl and Novoselic were members and managers; and (c) Universal Music Group, Inc., for declaratory judgment, breach of fiduciary duty, oppression of minority shareholder, breach of the duty of good faith and fair dealing, rescission, breach of contract, judicial dissolution and preliminary injunction.

Shortly after the complaint was filed by Hendricks & Lewis, Ms. Love obtained a preliminary injunction against all of the defendants that, among other things, prohibited them from releasing a previously-unreleased song written by Kurt Cobain entitled “You Know You’re Right.” Subsequently, Hendricks & Lewis successfully resisted the defendants’ demand that Ms. Love undergo a psychiatric examination pursuant to the LLC agreement, and ultimately obtained a negotiated settlement that secured for Ms. Love and Frances Bean Cobain substantial and long-lasting financial and other benefits including: (a) a satisfactory restructuring of the Nirvana LLC; (b) ultimate control of the Cobain legacy, life story and movie rights; and (c) the possibility for significantly-enhanced, long-term income streams.

In addition, Hendricks & Lewis assisted in the negotiation and documentation of an agreement with Geffen Records to release a “Greatest Hits” album in 2002, a publishing agreement with Riverhead Press for the “Cobain Journals,” and the renegotiation of a music publishing agreement with EMI Records.

The Hendrix litigation pitted Jimi Hendrix’s father, Al Hendrix, in a two-year struggle against a large and ever-changing cast of lawyers, accountants, professional managers, music executives and various national, international, and offshore corporations, partnerships and trusts. The objective was control of the Hendrix legacy, which Al Hendrix had allegedly sold in 1974 for an income stream of $50,000 a year. As a result of Hendricks & Lewis’s six-month investigation and legal assessment, and in response to recent news reports that MCA was acquiring the “Hendrix catalogue” from entities that claimed to own the Hendrix legacy pursuant to various agreements Al Hendrix allegedly signed in 1974 and thereafter, Hendricks & Lewis filed on behalf of Al Hendrix a suit in federal court in Seattle, Washington in the Spring of 1993, claiming an accounting, breach of fiduciary duty, fraud, negligent misrepresentation, legal malpractice, restitution based upon rescission of contract, securities law violations, violation of RICO, conspiracy to defraud, infringement of copyrights, unfair competition, conversion, infringement of rights of publicity and declaratory judgments.

After two years of intense and extensive international and multi-faceted discovery and motion practice that included multiple injunctions, discovery orders and interim appeals resolved by the Ninth Circuit, the parties entered into a mediated settlement. That settlement, which was read into the court record on May 2, 1995, conveyed to Al Hendrix “all rights, claims and interests in and to any and all parts of the properties described generally as the Jimi Hendrix legacy. These conveyances will include intellectual properties, physical properties, and all copies, reproductions, intangible rights and so forth associated with the Jimi Hendrix legacy.”