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Representative Work
DC3 Entertainment, LLC v. John Galt Entertainment, Inc., et al.
No. C04-2374C (W.D. Wash. filed November 24, 2004)

Attorneys

O. Yale Lewis, Jr.

Related Practices

Litigation and Alternative Dispute Resolution

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DC3 Entertainment, LLC (“DC3”), a Washington entertainment company, was established with a goal of radically changing the way business is conducted in the music industry. In 2003, a California company, John Galt Entertainment, Inc. (“JGE”), assigned to DC3 JGE’s rights in a production agreement with Brian Judah, a promising young songwriter and recording artist. DC3 then entered into a recording and production agreement with Mr. Judah and began recording, using the producer services of a JGE producer. Subsequently, the JGE principals became co-presidents of DC3 and agreed to convey their songwriting copyrights and publishing interests in the Judah recordings to DC3. In 2004, the relationship between DC3 and the JGE principals ended and the JGE principals threatened, in part, to block DC3’s completion of the Judah album.

In November 2004, on behalf of DC3, Hendricks & Lewis filed a complaint in federal court in Seattle against JGE and its principals for a declaratory judgment, breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty and injunctive relief. The defendants, in turn, asserted counterclaims and third-party claims for, among other things, breach of contract, an accounting and establishment of constructive trust for alleged royalties due on the Judah album, as well as discrimination and harassment on the basis of religion and sex, retaliation and wrongful termination.

Soon thereafter, Hendricks & Lewis obtained a preliminary injunction for DC3 that prohibited the defendants from transferring their copyright and publishing interests to third parties, as well as a declaratory judgment allowing DC3 to re-record the Brian Judah album without the producer services of JGE. Following an extensive motion practice that included two favorable partial summary judgment decisions and a two-week jury trial, DC3 received a favorable verdict.

See DC3 Entertainment, LLC v. John Galt Entertainment, Inc., No. C04-2374C, 2007 WL 30874 (W.D. Wash., Jan 4, 2007); DC3 Entertainment, LLC v. John Galt Entertainment, Inc., 412 F. Supp. 2d 1125 (W.D. Wash. 2006); DC3 Entertainment, LLC v. John Galt Entertainment, Inc., No. C04-2374C (W.D. Wash., Feb. 2, 2006); DC3 Entertainment, LLC v. John Galt Entertainment, Inc., No. C04-2374C (W.D. Wash., Dec. 6, 2005); DC3 Entertainment, LLC v. John Galt Entertainment, Inc., No. C04-2374C (W.D. Wash., Sept. 27, 2005).

Hendricks & Lewis also obtained the dismissal of a related contract case filed by JGE against Brian Judah in state court in California; conducted discovery that led to a favorable settlement in another case against DC3 and its principals for, among other things, fraud and breach of contract; and assisted DC3 in the creation of various business entities and related corporate transactions and the selection, acquisition, defense and/or transfer of trademarks and domain names.


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