Maryann R. Marzano, Esq.

Partner

Maryann R. Marzano is a Martindale-Hubbell rated AV® Preeminent™ 5.0 out of 5.0 attorney, with over 37 years of litigation experience representing both plaintiffs and defendants in high-risk cases. She is known for her tenacious representation of clients, the high quality of her written work and advocacy skills as noted by clients and jurists alike, and her willingness always to give a 150% effort.

Ms. Marzano has been named a Super Lawyer and received the prestigious California Lawyer Attorneys of the Year award (CLAY award) in 2017 from The Daily Journal for her work with co-lead counsel Susman Godfrey in representing Flo & Eddie (founding members of the legendary band, The Turtles), along with a class of owners of pre-1972 sound recordings for copyright infringement by Sirius XM.

Ms. Marzano handles all aspects of complex business, commercial, entertainment, class action and real estate disputes, with an emphasis in antitrust, unfair competition, securities, shareholder, breach of fiduciary duty, professional liability, breach of contract, corporate dissolution, fraud and embezzlement claims. Her litigation experience includes trademark and copyright infringement matters, entertainment industry disputes, and banking, probate and trust matters. She has handled numerous complex business litigation matters on a global basis, as well as foreign and domestic aviation litigation and licensing matters.

Ms. Marzano has prosecuted and defended a wide range of professional liability claims (including attorneys, accountants, stockbrokers, real estate brokers, officers and directors), as well as catastrophic wrongful death and tort claims; product and premises liability; and construction defect claims. Her broad insurance practice includes coverage evaluation and bad faith litigation. She has also served as coordinating counsel and conducted internal audits for insurance companies, law firms and corporate clients. Her representation in defense matters draws from both direct retention and insurers in U.S. and London markets.

Ms. Marzano represents clients at all phases of litigation, through trial and appeal. She has also successfully handled administrative actions, arbitrations and mediations on behalf of both plaintiffs and defendants in all State and Federal courts, including bankruptcy and probate courts, and before a wide variety of governmental tribunals. She has also successfully represented clients in matters before the SEC, IRS, FTC, USDA, FAA and NASD/FINRA in both civil and criminal matters. She has supervised international litigation and investigations, and managed complex litigation matters in the United States, Canada, Europe, the Caribbean and South Pacific.

Representative clients range from Fortune 500 companies and executives to small businesses, charitable organizations, banks and high net worth individuals. She has counseled them in a wide variety of litigation and administrative proceedings as well as in general business contexts.

Current Litigation and Representation

• Melissa Ferrick, et al. v. Spotify USA Inc, et al: Ms. Marzano is litigating a copyright infringement class action against Spotify USA Inc. with co-lead counsel Susman Godfrey, brought on behalf of named class plaintiffs Melissa Ferrick, Jaco Pastorius, Inc. and Gerencia 360 Publishing, Inc. The case involves claims that Spotify made music available online without securing mechanical rights from the tracks’composers. She has negotiated a settlement with a $43.5 million cash value and more than $112.55 million in total financial value for class members. Final approval is currently pending.
• Flo & Eddie v. Sirius XM and Flo & Eddie v. Pandora: Ms. Marzano is co-lead counsel with Susman Godfrey in representing Flo & Eddie/The Turtles and other class members in class action cases against Sirius XM and Pandora in federal court in California, New York and Florida seeking damages for the misappropriation and unlawful exploitation of pre-1972 sound recordings. The Sirius XM action has resulted in a settlement of $25 million plus a bonus on a successful appeal in California and future royalties. The Pandora action is currently on appeal to the California Supreme Court.
• Sylvester Stewart (aka “Sly Stone”) v. Gerald Goldstein, et al.: Ms. Marzano represents the entities co-owned by Sly Stone and his former manager Jerry Goldstein in multiple state court and bankruptcy litigation involving breach of contract and other claims concerning the ownership of music royalties in connection with “Sly Stone” and Gerald Goldstein, and their related entities, which cases have now resulted in Court-approved settlements following multi-phased trials.
• Quincy Jones v. MJJ Productions Inc. and Sony Music Entertainment: Co-counsel in litigation on behalf of iconic music producer Quincy Jones against Michael Jackson’s production company, MJJ Productions Inc., and Sony for breach of contract and royalties in connection with recordings he produced on the Thriller and Bad albums, resulting in a $9.5 million jury verdict, which is currently on appeal.

Recent Matters:

• Litigation against CBS for back-end profits from the hit television series Hawaii Five-0.
• Litigation against CBS involving claims for copyright infringement of an iconic musical theme.
• Litigation on behalf of acclaimed singer/song-writer Aimee Mann against MediaNet for copyright infringement of her musical compositions by MediaNet’s music service through limited downloads, and interactive and non-interactive streams.
• Litigation on behalf of writers of G.I. Joe: The Rise of Cobra for copyright infringement claims against Paramount Pictures on behalf of the writers of G.I. Joe: The Rise of Cobra for misappropriation in connection with the $350,000,000 grossing sequel G.I. Joe: Retaliation.
• Litigation for reversion of copyrights to the songs of rock legend Marc Bolan of T. Rex on behalf of his son, Rolan Bolan.
• Litigation on behalf of David Hyman against Beats LLC.
• Litigation involving breach of contract and other claims in connection with a music film documentary.
• Defending against claims for fraud, breach of contract, tortious interference, unfair competition and deceptive trade practices by jewelry maker Alex and Ani in the United States District Court for the District of Rhode Island.
• Representation of Del Records and Del Entertainment for breaches of artist recording and management agreements.
• Litigation on behalf of choreographer Wade Robson and James Safechuck for childhood sexual abuse claims against companies affiliated with Michael Jackson, MJJ Productions and MJJ Ventures.

Other Notable Representative Matters

• Obtained a $102 million judgment in federal court on behalf of Pink sheet-traded Veltex Corporation on behalf of the newly constituted non-fraudulent Board of Directors and officer group on claims for fraud, breaches of fiduciary duty and malpractice in securities “pump and dump” scheme.
• Achieved a multi-million settlement for retired NFL players in a federal class action legal malpractice case against the NFLPA involving the commercial exploitation of players in electronic sports games.
• Represented international victims of Pan Am Flight 73 Libyan terrorist attack in litigation and arbitration, involving contractual claims, claims for breach of fiduciary duty and legal malpractice, and for declaratory relief and contractual interpretation involving complex issues of international law and espousal; the case was settled confidentially.
• Defended and successfully settled a federal class action on behalf of Rothstein Kass, an international CPA firm now merged with KPMG, in a case alleging audit mismanagement of hedge funds and fund-of-funds in Bernie Madoff and Thomas Petters schemes.
• Representation of the former CEO of the Fatburger national fast food chain in an action for breach of fiduciary duty and contract, wrongful termination, and for minority shareholder and shareholder dilution claims; the case was settled confidentially.
• Successfully represented Applied LNG Technologies USA, LLC, a leading marketer, producer and distributer of liquid natural gas in a federal court breach of contract action against Clean Energy Fuels Corp.; case settled confidentially after favorable court rulings on pretrial motions.
• Prosecuted and successfully settled a professional malpractice action against former legal counsel on behalf of a well-known California theme park
• Obtained a favorable arbitration award and judgment in favor of law firm partner in connection with a law firm dissolution.
• Represented ergonomic corporate keyboard patent owners in professional malpractice action against former legal counsel.
• Defended a CPA firm against claims of U.S. Bankruptcy Trustee for accounting malpractice resulting in settlement.
• Pursued claims on behalf of plaintiffs in a class action against AT&T for exploiting its customers by overcharging for non-published and non-listed telephone services.
• Represented stockholders in direct action against major Korean bank for fraud and breach of fiduciary duty claims.
• Involved in represented major toy manufacturer MGA Entertainment, Inc. against Mattel, and in connection with claims for monopoly of the fashion doll market.
• Appointed as a Special Prosecutor by the Chief District Judge for the District of Nevada to prosecute contempt proceedings in an international banking and securities fraud case
• Represented an SECappointed Receiver in one of the most successful SEC receivership matters and achieved a multimillion dollar recovery for victims in an offshore banking fraud and arbitrage trading scheme, involving a host of litigation, business and tax matters in the U.S. and globally
• Obtained summary judgment in favor of a Las Vegas resort rejecting a multi-million dollar monopolization claim in a federal antitrust action brought under the Sherman Act, which was upheld on appeal before the Ninth Circuit
• Favorably resolved numerous trademark and copyright actions involving ownership rights and wrongful use and infringement claims, obtained preliminary and permanent injunctive relief for both plaintiffs and defendants, and successfully defended against the issuance of injunctive relief
• Obtained injunctive relief, the appointment of a receiver and a multimillion dollar award, including punitive damages, following a three month, three panel member arbitration arising out of a partnership dissolution, and real estate and fraud action
• Successfully prosecuted civil embezzlement, fraud, identity theft and forgery claims on behalf of a textile manufacturing firm, recovered significant assets and restitution, and assisted the U.S. Attorney’s Office in the resulting criminal prosecution and conviction
• Defended and favorably resolved audit and investor claims involving major CPA firms
• Obtained dismissals in a state court complex litigation matter involving alleged violations of the Cartright Act and California Business & Professions Code Section 17200 claims involving mobile home parks and owners
• Obtained injunctive relief in favor of a shareholder in a federal securities fraud action and prevailed in prosecuting civil contempt charges against a defendant in that case resulting in the imposition of monetary sanctions and incarceration
• Favorably negotiated on behalf of the United Steelworkers before the NLRB
• Defended corporate executives in MDL litigation arising out of alleged price fixing claims
• Achieved favorable resolutions for production companies, musical recording artists and songwriters in matters involving record companies, partners, managers and agents
• Obtained summary judgment in a wrongful death helicopter accident, upheld on appeal
• Successfully defended and/or settled numerous midair collisions, wrongful death, product liability and aviation ground claims
• Successfully resolved numerous bad faith actions

Appellate Experience

Extensive appellate experience includes the successful briefing and argument of appeals before the Ninth Second and Eleventh Circuit Court of Appeals, California Court of Appeals and California Supreme Court, resulting in numerous reported and unreported decisions. Several of those noteworthy decisions certified for publication include:

• United States v. Sears, Roebuck & Co., 719 F.2d 1386 (9th Cir. 1983)
• SEC v. Elmas Trading Corp., 620 F. Supp. 231 (D. Nev. 1985)
• SEC v. Elmas Trading Corp., 625 F. Supp. 890 (D. Nev. 1986)
• SEC v. Elmas Trading Corp., 683 F. Supp. 743 (D. Nev. 1987)
• SEC v. Elmas Trading Corp., 824 F.2d 732 (9th Cir. 1987)
• Harris v. Billings, 16 Cal. App. 4th 1396 (1993)
• Goodstone v. Southwest Airlines, Co., 63 Cal. App. 4th 406 (1998)
• Eichenbaum v. Alon, 106 Cal. App. 4th 967 (2003)
• SC Manufactured Homes v. Canyon View Estates, Inc., 148 Cal. App. 4th 663 (2007)
• Willard v. AT&T Communications of Cal., Inc., 204 Cal.App.4th 53 (2012)
• Flo & Eddie v. Sirius XM: multiple state and federal appellate decisions and current Ninth Circuit appeal pending

Education

J.D., Pepperdine University School of Law (1980)
Clinical Law Reporter, Profiles Editor
B.A., Rutgers College, Rutgers University (1977)

Bar Admissions

1980 State Bar of California (sworn in 1981)
1981 U.S. District Court for the Northern and Central Districts of California
1982 United States Court of Appeals, Ninth Circuit
1991 U.S. District Court for the Eastern District of California
1993 United States Court of Appeals, Eleventh Circuit
1995 United States Supreme Court
1996 U.S. District Court for the Southern District of California

Pro Hac Vice Admissions in the Districts of Arizona, Illinois, Nevada and Rhode Island, and in the Southern District of New York and Florida

Professional Affiliations

State Bar of California
American Bar Association
Federal Bar Association
Los Angeles County Bar Association
Beverly Hills Bar Association
Association of Business Trial Lawyers (ABTL)
International Aviation Women’s Association
Aviation Insurance Association
Italian American Lawyers Association
Panel member and presenter at the national ABA convention and AIA Conferences
Member and supporter of numerous non profit and charitable organizations
Former Director, Woodcraft Rangers