LITIGATION AND COUNSELING

Although an active member of the California Bar, Tom no longer litigates cases. Below are listed some notable examples of his litigation experience.

Civil Litigation, Entertainment and Class Actions

Representative cases include Youngbloods v. BMG Music (class action of musicians suing record company for digital download licensing royalties); Spicer v. Medtronic (product liability suit against medical device manufacturer); Rosenberg v. U-Haul (class action alleging false advertising); Doe v. CCSF (personal injury);  Luminair v. GlassOnion (defense of contract claim); WNED et al v. Vestron (class action representing several hundred filmmakers suing their distributor over foreign royalty allocations); Magnuson v. VideoYesteryear (film producer suing for copyright infringement); Tall Club of Silicon Valley v. Alaska Airlines et al. (B&PC 17200 action seeking exit row seating for tall people).

Published cases: Estate of Fuller v. Maxfield & Oberton Holdings, LLC, 906 F. Supp. 2d 997 (N.D. Cal. 2012); Thompson v. Rodriguez (ND Cal. 1996) 196 B.R. 537;  Western New York Public Broadcasting v. Vestron (1997) 661 N.Y.S.2d 555; Magnuson v. Video Yesteryear (9th Cir. 1996) 85 Fed 3d 1424.

Transactional work includes entertainment law and other contract negotiation for Ghostbot, Wry Baby, KTEH TV, Sierra Nevada Brewing Company and scores of individual photographers, writers, screenwriters, filmmakers and musicians.

Former moot court instructor at Boalt Hall.

News Articles

The following articles are about some of the cases Tom Cohen has been involved in as a mediator or litigator.  Please click on the links below. Normally, cases result in a confidential settlement agreement.

The police brutality case involved the City of San Francisco, which by law may not keep their settlements confidential.  The article talks about the case, but it was mediation conducted by Tom Cohen that resulted in the $75,000 settlement. San Francisco Chronicle March 15, 2004.
$75,000 Award in Brutality Case

Los Angeles Times Article re U-Haul Class Action.http://www.latimes.com/news/nationworld/nation/uhaul/la-na-haulreserve25jun25,0,2575881.story

San Francisco Chronicle March 5, 2000
Tall Folks Say Plane Seating Doesn’t Fly

San Francisco Chronicle January 19, 2003
Taking Us for A Ride

KTSP TV Minneapolis  March 3, 2003
U-Haul Problems San Francisco Daily Journal August 29, 1996
Ex-Filmmaker Charts His Retaliation

“Class Counsel achieved exceptional results …. [and] have proven their expertise prosecuting  this class action against a very contentious opposition.”

Hon. Samuel S. Stevens Santa Cruz Superior Court

Excerpt from Order in U-Haul Class Action

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EDUCATION

 

J.D.–U.C. Hastings College    of the Law

Associate Articles Editor COMM/ENT Hastings Communication and Entertainment Law Journal.  Note, Simplified Syndication for Stage and Screen published in COMM/ENT 13:3 (ASCAP Prize).  Extern clerk to Hon. John Vukasin, U.S. District Court.

University of San Francisco School of Law

McAuliffe Honor Society; Member, USF Law Review; Am Jur Awards: Legal Research and Writing; Evidence.  Summer law program: Trinity College, Dublin, Ireland

M.A.–University of California, Berkeley

Visual Design

New York University

Special Student in Television and Film

B.A.–Colorado College

Sociology.  Track team captain

 

 

 

 

 

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Mill Valley, CA (415) 777-1997 tom@thomascohen.com