Munck Wilson Mandala’s appellate team, led by partners Anton Handal and Marina Bogorad, secured two significant victories before the United States Court of Appeals for the Ninth Circuit.
In Gopher Media v. American Pizza, the MWM team obtained a stay of the mandate pending disposition of a forthcoming petition for writ of certiorari to the United States Supreme Court. The underlying petition challenges the Ninth Circuit’s en banc decision eliminating interlocutory appellate review of orders denying anti-SLAPP motions.
The Ninth Circuit permitted immediate appeals from denials of SLAPP motions, recognizing the statute’s role in protecting rights of speech and petition. The en banc court departed from that precedent, holding that such orders are not appealable until final judgment. The MWM team moved to stay the mandate pending Supreme Court review. The Ninth Circuit granted the stay thereby preserving the issue for potential review by the Supreme Court.
In Shelby v. Halicki, the Ninth Circuit granted attorneys’ fees in favor of MWM’s client, Classic Recreations, following complete victories at both the trial and appellate levels. The case originated from Anton Handal’s trial win in the U.S. District Court, where the court entered judgment for Classic Recreations on all claims, including copyright infringement, trademark infringement, and breach of contract.
In a published opinion, the Ninth Circuit affirmed those rulings and further clarified the standard governing when a fictional character from a literary or cinematic work may qualify for copyright protection, a question of substantial importance to the film, entertainment, and literary industries. Following the appellate affirmation, the Ninth Circuit initially denied Classic Recreations’ motion for attorneys’ fees. The firm sought reconsideration, which the Court granted in a rare reversal of its prior order, ultimately awarding fees to Classic Recreations. The amount of the award remains pending before the District Court.
Munck Wilson Mandala is a technology-focused law firm with offices in Dallas, Austin, Houston, and Waco, Texas, Los Angeles, California, and South Florida (Boca Raton). Listed as a Best Lawyers Best Law Firm in 22 practice areas, the firm offers full-service counsel in the areas of intellectual property litigation, complex commercial litigation, intellectual property portfolio development, corporate transactions and securities, real estate, employment law, and various other practices. Munck Wilson Mandala represents clients from start-ups to Fortune 50 companies. Learn more about the firm at http://www.munckwilson.com.
