2017: A YEAR IN REVIEW

Paul S. Chan

A LETTER FROM THE MANAGING PRINCIPAL

We are pleased to share with you Bird Marella’s 2017 Year in Review. In a year marked by unprecedented changes to the political, business and legal landscape, our firm retained its singular focus – delivering superior litigation results to our clients. Several of those results were achieved in high-profile representations. In the largest civil forfeiture action ever brought by the U.S. Department of Justice’s Kleptocracy Asset Recovery Initiative (involving over $1.7 billion of assets allegedly misappropriated from a Malaysian sovereign wealth fund), the firm successfully thwarted the government’s attempt to forfeit by default a myriad of U.S.-based assets, preserving our clients’ rights to challenge the action on the merits. Our attorneys also helped secure a complete victory for Dan Aykroyd’s Crystal Head Vodka brand in a highly-publicized trade dress infringement trial, involving a competitor who had copied the distinctive shape of our client’s bottle. And this year’s publication includes a case study of one of our newest matters, a potentially industry-changing lawsuit involving AMC’s hit television series, The Walking Dead.

Our attorneys also continued to exemplify Bird Marella’s long-standing commitment to providing high-quality pro bono legal services in impact litigation cases. Earlier this year, the firm won a writ of mandate permanently barring a Costa Mesa motel owner from building a luxury apartment project in place of the motel, which had been the housing of last resort for numerous low- income residents who could not afford shelter anywhere else in the vicinity. Having stopped that project in its tracks, our attorneys are now fighting for mandatory relocation assistance for the evicted low-income residents.

Our firm was founded on the belief that a group of creative and talented trial lawyers working in a collegial and collaborative environment would achieve superior results for clients. Thirty-six years later, we are gratified that Bird Marella continues to be recognized as one of the top litigation firms in the country. We invite you to take a look back, as we look forward to another busy year ahead.

Paul S. Chan, Managing Principal

NEW ADDITIONS

Peter represents clients in complex commercial, employment, class action, and intellectual property disputes. He is currently a member of the Association of Business and Trial Lawyers, Public Counsel Young Lawyers Board, and the LGBT Bar Association of Los Angeles. Peter received his B.B.A. from Southern Methodist University and his J.D. from the University of Southern California School of Law.

PeterGoldschmidtAssociate

Nithin has experience representing clients in connection with antitrust, white collar, intellectual property, and complex litigation matters. He has represented clients in the automotive, boxing, and social gaming industries in connection with several different nine-figure antitrust claims. He has also worked on matters involving hazardous waste control laws and regulations in connection with investigations by state and local prosecutors. Nithin received his B.A. from the University of California, Berkeley and his J.D. from Columbia Law School.

NithinKumarAssociate

Jen represents corporations and individuals in complex litigation and arbitration matters. She grew up in Seoul, Korea and is fluent in Korean. She currently serves as the co-chair of the Diversity Committee of the National Asian Pacific American Bar Association (NAPABA) and is a member of the Board of Governors for the Korean American Bar Association of Southern California (KABA). Jen received her B.A. from the University of Pennsylvania and her J.D. from Northwestern University School of Law.

JenWonAssociate

Bird Marella continues to attract the country’s top legal talent. Each new attorney possesses a wide range of unique abilities and skill sets, further adding to the firm’s diverse and multi-generational culture.

L to R: Fanxi Wang, Joel Boxer, Dorothy Wolpert, Ray Seilie, Kimberley Miller

Qui Tam Win for One of the Largest Law Firms in CaliforniaPaul Chan | Thomas FreemanMarc Masters In a multimillion dollar matter, a peremptory writ of mandate was obtained in favor of client, who had previously served as general counsel to a California public agency.

Secured Settlement for North America’s Largest Roofing Shingles ManufacturerMark Drooks | Sharon Ben-Shahar MayerDavid Hurwitz | Gabriela RiveraObtained a favorable settlement for our client on the eve of trial in a breach of contract case involving a dispute with a supplier of raw materials.

Secured Order for Dismissal of Criminal Complaint against Co-Founder of Information Technology CompanyGary Lincenberg | Nicole Rodriguez Van DykNaeun RimAfter charge was filed in government fraud case, obtained dismissal based on compelling evidence of client’s innocence.

Thwarted the U.S. Department of Justice’s Attempt to Forfeit Over $1.7 Billion in Assets by Default from ClaimantsEkwan Rhow | Jeremy Matz | Naeun RimPatricia Jun | Fanxi Wang | Jen WonIn the largest civil forfeiture action ever brought by the Department of Justice’s Kleptocracy Asset Recovery Initiative, preserved clients’ right to challenge the forfeiture action on the merits.

Trade Dress Action Win for Globefill and Dan Aykroyd’s Crystal Head VodkaHernán VeraAn eight-person jury delivered a unanimous verdict against defendants, finding that they had intentionally infringed Globefill’s trade dress of Dan Aykroyd’s skull-shaped bottle. Clients have, thus far, secured nearly $1 million in damages.

Pro Bono Success on Behalf of Low-Income Motel ResidentsJeremy MatzObtained writ of mandate permanently barring a Costa Mesa motel owner from building a luxury apartment project in place of the motel, which had been the housing of last resort for numerous low-income residents who could not afford shelter anywhere else in the vicinity. All approvals and benefits granted by the local government to enable the project were voided.

VICTORIES

HIGHLIGHTS

1ST

Prevailed at Trial for Education CompanyEkwan Rhow | Timothy YooSuccessfully enforced multimillion dollar judgment against a former employee, proving his conduct was willful and malicious under the Bankruptcy Code and that the judgment was nondischargeable in its entirety.

Won Summary Judgment in Corporate Governance DisputePaul ChanObtained summary judgment of all claims brought against clients regarding multiple high-end real estate development companies.

Reversed Indictment Decision of VP of Finance of Public Company in Securities Fraud CaseGary Lincenberg | Ariel NeumanRay Seilie | Patricia JunIn the largest revenue recognition case in the United States involving allegations of securities and accounting fraud, persuaded the government to decline indictment.

Complete Defense Judgment for AmLaw 200 FirmMark DrooksObtained summary judgment in a legal malpractice action, in which plaintiff sought over $12 million in damages.

Secured Favorable Result for Executive Charged with Price FixingAriel NeumanIn a major price fixing case brought by the Department of Justice’s Antitrust Division, secured a favorable result for the client.

Succeeded on Several Key Motions for Foreign Investment Company and Individual ClientsPaul Chan | Hernán Vera | Gopi PanchapakesanObtained summary adjudication of certain claims and procured wins on several key motions in limine in a civil RICO and fraudulent transfer action, in which plaintiff sought over $80 million in damages, resulting in successful resolution of the case for a nominal amount on the eve of trial.

Avoided Money Laundering Conviction in Trade-Based Money Laundering CaseTerry Bird | Ariel Neuman | Kimberley MillerIn one of the Department of Justice’s premier trade-based money laundering indictments involving the LA Fashion District, secured a resolution for the client that avoided conviction for money laundering.

VICTORIES1ST

PROFIT PARTICIPATION IN THE WALKING DEAD: IN-DEPTH

“…in what could become the biggest ever profits case in television history, and one that deserves widespread attention as merger-hungry media companies grow ever more vertically consolidated, Walking Dead co-creator…and notable series producers…have filed suit against AMC with the allegation they've been massively cheated.” – The Hollywood Reporter

Bird Marella has long enjoyed success in the entertainment litigation arena, especially representing plaintiff television series’ creators and others in profit participation lawsuits. This year saw the beginning of one of the firm’s newest high stakes entertainment matters. Our firm represents five profit participants in the most successful cable television series in history, The Walking Dead (TWD), against various entities of AMC, the American basic cable and satellite television channel. Our clients include Robert Kirkman, the creator of the underlying comic books and co-creator of the television series, and four of the show’s current and former executive producers.

TWD is produced by AMC Studios and airs on AMC Network and, like many of these cases, raises vertical integration issues. Our clients’ largest claim arises from the AMC Network keeping the profits of TWD at its level by paying less than fair market value license fees. (“Profits” are typically realized at the production company level whereas a network’s profits are typically not shared with the participants.) While our clients’ agreements allow AMC Studios to enter into affiliated party transactions, those deals must be on monetary terms comparable with the terms on which it enters into similar transactions with unrelated third-party distributors for comparable programs after arm’s-length negotiation. We are confident that AMC Studios cannot meet this standard and that a fair

L to R: David Hurwitz, Ron Nessim, Fanxi Wang, Thomas Reichert

market value standard therefore applies. Our clients also have Most Favored Nations (“MFN”) provisions in each of their agreements with AMC, meaning our clients receive the benefit of the better of their own definition or the better definition that another participant in the program has.

Our complaint alleges: breach of contract, inducing breach of contract, and unfair competition claims under California law.

Ron J. Nessim, Principal

Mark T. Drooks

PHILOSOPHY: BUILDING FROM WITHIN

The 2017 Year in Review is particularly gratifying to many of us at the firm because it so dramatically demonstrates our multi-generational development.

Mark Drooks is a magna cum laude graduate of Harvard Law School and former law clerk for the Hon. Pierre N. Leval of the United States District Court for the Southern District of New York. Since joining Bird Marella in 1986, as one of the firm’s first associates, he has been lead counsel in more than 50 civil trials and arbitrations that have been litigated to final decision. His practice focuses on complex commercial disputes, including securities litigation, consumer class actions, and the defense of lawyers and law firms. He is a leader in the pro bono community, serving on the board and formerly as Chair of Bet Tzedek, one of the country’s premiere providers of free legal services to the poor. Having served in leadership positions within the firm for nearly three decades, Mark has also been a mentor to several generations of Bird Marella attorneys.

For over 35 years, the success of our firm has depended on the development of our home-grown talent. Today, lawyers who came to the firm as young associates, including Paul Chan, Tom Freeman, Benjamin Gluck, Ekwan Rhow, and Tom Reichert are spearheading the firm’s handling of major litigation. They in turn are “paying it forward” by training and offering opportunities to the next generation of talented lawyers who have joined the firm. That process has created a culture of cohesion and longevity that fuels our success. This year, many of the firm’s most notable victories have been won by lawyers in our third and fourth generations. We are proud to say that as we get older as a firm, we only get stronger and better.

Mark T. Drooks,Principal

ACCOLADES & MEDIA COVERAGE

Chambers & PartnersFirm Litigation: White-Collar Crime & Government Investigations (Band 2); Litigation: General Commercial (Band 5)Terry Bird Senior Statesman, Nationwide Litigation: Trial Lawyers; Senior Statesman, California Litigation: White Collar Crime & Government InvestigationsVincent Marella Senior Statesman, California Litigation: White Collar Crime & Government InvestigationsGary Lincenberg California Litigation: White-Collar Crime & Government Investigations (Band 1)Benjamin Gluck California Litigation: White-Collar & Government Investigations (Band 4)*Ekwan Rhow California Litigation: General Commercial (Band 5)Ron Nessim California Litigation: Media & Entertainment (Band 4)*First Time Selection

Daily Journal Top Boutiques in CaliforniaBird Marella named one of 20 firms

Super Lawyers Rising StarsAriel Neuman (Up-and-Coming 100)Kimberley MillerNicole Rodriguez Van DykTimothy Yoo **First Time Selection

U.S. News – Best Lawyers® and “Best Law Firms” 2018Firm Tier 1 White Collar Criminal Defense, Commercial Litigation, Trusts & EstatesTier 3 Environmental LawTerry Bird Commercial Litigation, Criminal Defense: White CollarVincent Marella Criminal Defense: White CollarJoel Boxer Litigation: Trusts and EstatesDorothy Wolpert Commercial Litigation, Environmental LawThomas Reichert Commercial LitigationJeremy Matz Criminal Defense: White CollarPaul Chan Commercial LitigationMark Drooks Commercial LitigationRon Nessim Criminal Defense: White CollarGary Lincenberg Criminal Defense: White CollarBenjamin Gluck Criminal Defense: White CollarThomas Freeman Criminal Defense: White Collar

Inducted as Fellow by American College of Trial LawyersJudge A. Howard Matz (Ret.)

Los Angeles Business Journal’s Most Influential Women LawyersSharon Ben-Shahar Mayer

L to R: Nicole Rodriguez Van Dyk, Ron Nessim, Gary Lincenberg, Ashley Bowman, Ariel Neuman

ACCOLADES & MEDIA COVERAGE

Southern California Super LawyersTerry BirdSharon Ben-Shahar Mayer *Joel BoxerPaul ChanMark DrooksThomas FreemanBenjamin Gluck (Top 100)Gary Lincenberg (Top 100)Vincent MarellaJeremy MatzRon NessimEkwan Rhow*First Time Selection

Benchmark LitigationFirm Recommended Law FirmGary Lincenberg California Litigation StarRon Nessim California Litigation StarEkwan Rhow California Litigation StarDorothy Wolpert “Top 250 Women in Litigation”

“Lily Award” from Voice for the Animals FoundationTerry Bird

ABA 31st Annual National Institute on White Collar CrimeAriel Neuman panelist on “Significant Legal Developments in the Regions”Gary Lincenberg panelist on “Insecurity inSecurities Law”

CalCPA Education Foundation 2017 Accounting & Auditing Update Conference, “Corporate Internal Investigations of Fraud Allegations”Terry Bird

Law360 “The Far-Reaching New ‘Domestic Injury’ Rule Under Civil RICO”Paul ChanGopi Panchapakesan

Daily Journal Interviews:“Defense in San Bernardino County corruption trial rests after half a day”“LA hospital settles fraud claim with $42M payout”“Trump taps known figure for US attorney in Sacramento”Ariel Neuman

“Bird Marella lawyers seek money for evicted motel residents”Jeremy Matz

COMMUNITY INVOLVEMENT

Bird Marella has been and will continue to be committed to creating positive influence and change within the community. Throughout 2017, the firm contributed significant time and service to the following civic and charitable organizations devoted to helping the disabled, the underprivileged, and the youth.

In 2017, Bird Marella invested over 2,000 pro bono hours in 28 different matters.

Bird Marella litigates complex civil and white collar criminal matters in state and federal courts across the United States. For more than 35 years, we have built our reputation on the quality of our lawyers and the outstanding results we achieve for our clients.

Attorney Advertising. Statements in this communication do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.©2018 Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C. All rights reserved.

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Front cover L to R: Jeremy Matz, Judge A. Howard Matz (Ret.), Benjamin Gluck, Nicole Rodriguez Van Dyk, Thomas Freeman, Naeun Rim, Terry Bird, Sharon Ben-Shahar Mayer, Timothy Yoo, Hernán Vera, Thomas Reichert, Ariel Neuman