Gregory A. Fayer

Gregory A. Fayer

Office: 310-557-3558
Direct: 310-557-9707
Email: gfayer@fayergipson.com
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Gregory Fayer is the co-founding partner of Fayer Gipson LLP.  He is the head of Fayer Gipson’s litigation practice, specializing in entertainment, intellectual property and complex business litigation. Mr. Fayer has been honored by The Daily Journal, California’s most widely circulated legal publication, as one of the Top 75 Intellectual Property lawyers in California. Mr. Fayer has repeatedly been selected by the prestigious British-based Who’s Who Legal as among the most distinguished practitioners in the United States in the fields of entertainment and sports law, and also co-authored an introductory article for the inaugural Who’s Who Sports and Entertainment volume. Mr. Fayer has been recognized by California Super Lawyers for several years running as a “Super Lawyer” in the fields of entertainment and intellectual property litigation.

While serving as lead counsel in high-profile entertainment, intellectual property and business disputes, Mr. Fayer has won numerous multi-million dollar awards and has successfully defended cases seeking tens of millions of dollars in damages. Mr. Fayer has also won precedent-setting published decisions, including cases cited by courts, legal practice guides and law school textbooks. Mr. Fayer has lectured extensively on film, aesthetics and intellectual property issues and has been featured in stories on ABC World News and in The New York Times, the Los Angeles TimesThe Wall Street JournalThe National Law JournalBloomberg Business WeekThe Hollywood Reporter, People and many other national and international publications and media outlets.

Mr. Fayer’s clients include financiers and hedge funds; film and television production and distribution companies; film finance companies and film funds; new media companies; technology and software companies; fashion and beauty companies; advertising companies; business executives; as well as many individual creators and artists, including film and television directors, producers, writers, actors, reality television personalities, musical artists, managers and entertainment executives.

Mr. Fayer represents his clients in a variety of matters, including complex business disputes; copyright and trademark infringement actions; motion picture production, financing and distribution disputes; film and television licensing and royalty disputes; trade secrets matters; software piracy suits; and entertainment matters of all varieties. Mr. Fayer’s representations frequently involve international components and parties.

Mr. Fayer received his JD degree from Columbia Law School, where he was a Harlan Fiske Stone scholar, an editor of the Columbia Journal of Law and the Arts, and served as extern for the Honorable Sonia Sotomayor (now Associate Justice on the United States Supreme Court). Prior to law school, Mr. Fayer earned Master of Arts degrees in philosophy from both the University of Chicago and the University of Pittsburgh, as well as an M.T.S. degree in comparative religion from Harvard. In addition to his legal training, Mr. Fayer, spent four years touring extensively throughout the northeastern United States as guitarist and songwriter for rock band, The Sydneys.

Prior to founding Fayer Gipson LLP, Mr. Fayer practiced law at Irell & Manella LLP and Gipson Hoffman & Pancione.

Mr. Fayer is a member of the State Bar of California and is also admitted to practice in the Central District of California, the Northern District of California, the Southern District of California, the Ninth Circuit Court of Appeals, and the United States Supreme Court.

Mr. Fayer’s Most-Cited Published Decisions:

Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 129 S. Ct. 365, 172 L. Ed. 2d 249 (2008) (U.S. Supreme Court decision setting the federal standard for preliminary injunctive relief on review of preliminary injunction that Mr. Fayer successfully argued and won before the United States District Court).

CYBERsitter, LLC v. People’s Republic of China, 805 F. Supp. 2d 958 (C.D. Cal. 2011) (precedent-setting decision holding that the U.S. Courts could exercise personal jurisdiction over the People’s Republic of China and numerous prominent international computer manufacturers based on their commission of acts outside the U.S. that willfully infringed the California-based plaintiff’s intellectual property rights in the U.S.).

CYBERsitter, LLC v. Google Inc. et al., 905 F. Supp. 2d 1080 (C.D. Cal. 2012) (denying Google’s motion to dismiss plaintiff’s state law claims for false advertising in connection with Google’s AdWords program, and also denying Google’s motion to transfer venue).

BOLDFACE Licensing + Branding v. By Lee Tillett, Inc., 940 F. Supp. 2d 1178 (C.D. Cal. 2013) (granting preliminary injunction for willful trademark infringement in dispute over Kardashian-sponsored “KHROMA” cosmetics line).

Mr. Fayer’s Representative Cases:

Hillair Capital Management v. Kim Kardashian et al.U.S. Federal District Court, California Superior Court, JAMS Arbitration – Mr. Fayer is lead counsel for Hillair Capital and Haven Beauty the hedge fund that funded the Kardashians’ “Kardashian Beauty” cosmetics line, and the cosmetics company distributing the line  in proceedings in California state and federal courts and arbitration proceedings before JAMS.  Hillair and Haven allege that the Kardashian sisters breached their obligations to sponsor, promote, develop and market the Kardashian-branded “Kardashian Beauty” cosmetics line and, further, that the Kardashians have affirmatively marketed, promoted and endorsed other competing cosmetics lines in violation of their exclusivity obligations to Haven.  The Kardashians have brought counterclaims and each side has alleged over $100 million in damages.  The arbitration and litigation proceedings are ongoing.

Sukyas et al. v. Romania et al.U.S. Federal District Court – Mr. Fayer is lead trial counsel representing the government of Romania and the Romanian state-run film company, RADEF, against claims that the former communist regime improperly nationalized plaintiffs’ film production company and that Romania’s state-run film company, RADEF, is the direct successor of the plaintiffs’ prior company.  Plaintiffs seek over $2 billion in damages.

Cinezeta v. Inferno Distribution et al., U.S. Federal District Court – Mr. Fayer, as lead trial counsel, won a complete victory at trial after the jury returned a unanimous verdict in the amount of $3.7 million, finding that the sales agents/distributors of Ryan Reynolds’ breakout film, Just Friends, breached their obligations under a production and distribution agreement for the film with Mr. Fayer’s client, Cinezeta – a subsidiary of prominent German film fund, Cinerenta, which has financed and produced over 50 major Hollywood films Following the jury verdict, the founders of the defendant sales agency/distribution company, Inferno International, put the company into bankruptcy.  Cinezeta then sued Inferno’s founders and principals for direct liability, and later settled those claims while the case was pending.

First California Bank v. Commerzbank, Spyglass Entertainment et al., California Superior Court – Mr. Fayer was lead trial counsel for plaintiff First California Bank, a $15 million minority participant in a $275 million revolving credit facility that provided funding for a slate of 15 films produced by now-defunct Spyglass Entertainment, including such blockbuster films as Star Trek, G.I. Joe, and many others.  After the Court denied the defendants’ motions for summary judgment in relevant part and held that FCB’s claims would proceed to trial, the case settled on undisclosed terms just days before the trial.

CYBERsitter, LLC v. Google Inc. et al., U.S. Federal District Court – Lead counsel for plaintiff software developer in trademark infringement and false advertising action against Google and the maker of rival Internet content-filtering software program, Net Nanny, in connection with the use of the CYBERsitter trademark in false advertisements displayed on Google’s AdWords platform.  The complaint alleged that Google knowingly facilitated the display of the false ads – which falsely claimed that CYBERsitter’s product could be purchased on its competitor’s website – in violation of the Lanham Act and Google’s own trademark use policies.  After the federal district court rejected Google’s motion to dismiss CYBERsitter’s state law claims under the Communications Decency Act, and also rejected Google’s motion to transfer the case to Silicon Valley, the case was settled on undisclosed terms.  The case was closely watched for its implications for the use of third party trademarks by search engines as keywords and in advertising.

BOLDFACE Licensing + Branding v. By Lee Tillett, Inc., U.S. Federal District Court – Lead trial counsel representing maker of KROMA® cosmetics in trademark infringement action against Kourtney, Khloe and Kim Kardashian and Boldface, the company distributing their cosmetics line, asserting that the Kardashians’ KHROMA cosmetics line infringed Tillett’s prior registered KROMA® mark and cosmetics line.  Mr. Fayer won a preliminary injunction from the federal district court prohibiting the defendants from distributing the KHROMA cosmetics line and finding that Tillett’s business would likely be destroyed absent an injunction.  Boldface appealed the ruling; however, after full briefing and denial by the Ninth Circuit of Boldface’s motion to stay the injunction, Boldface withdrew its appeal and stipulated to entry of a permanent injunction.  The case settled shortly after the District Court issued a tentative ruling denying the Kardashians’ motion for summary judgment and holding that Tillett’s claims would proceed to trial.  The permanent injunction remains in place.

Raphael Gort et al. v. LA6721, LLC et al.California Superior Court – Lead counsel for defendant film and television advertising company, “LA,” and its principals, in suit alleging that defendants intentionally interfered with and brought about the downfall of a motion graphics company jointly owned by the plaintiffs and some of the defendants, depriving the plaintiffs of millions of dollars in potential future revenues.  Defendants counterclaimed, alleging that in fact the plaintiffs were responsible for the downfall of the company, and that their claims of expected future revenues are baseless.  The litigation proceedings are ongoing.

Equity Pictures v. Myriad PicturesCalifornia Superior Court, AAA Arbitration – Mr. Fayer, as lead trial counsel for prominent German film fund, Equity Pictures, achieved a complete victory for his client in arbitration proceedings against Myriad Pictures, the producers of Eulogy, a film starring Ray Romano and Zoe Deschanel.  The Arbitrator found in favor of Equity Pictures on its breach of contract claims, awarding over $800k in damages and attorneys’ fees.  The final arbitration award was confirmed by the California state court, which rejected Myriad Pictures’ litany of alleged grounds for vacating the award.

Smith v. Lakewood Church, U.S. Federal District Court – Mr. Fayer, as lead counsel for Lakewood Church – the largest independent church in the U.S., led by pastors Joel and Victoria Osteen – won a total dismissal of claims by former business partner and producer, Robert Lee Smith, who asserted that he was entitled to a percentage of all revenues from any film, television, music, satellite radio or other entertainment-related project in which the Church was involved.  After repeated threats by Mr. Smith, Fayer Gipson asserted claims for declaratory relief, and Smith countersued under a Desny idea submission theory and for breach of oral and implied contract.  The Court granted Fayer Gipson’s motion to dismiss in its entirety.  After Plaintiff subsequently amended and Fayer Gipson again moved to dismiss and for sanctions, the plaintiff agreed to dismiss the claims with prejudice, without conditions and without any settlement.

CO|FXFOWLE Architects v. Saltzman et al.California Superior Court – Won $1.6 million judgment on behalf of prominent architecture firm, CO|FXFOWLE Architects, for non-payment of fees against three developers of an $88 million Las Vegas development project.  Earlier in the case, Mr. Fayer obtained a writ of attachment in the same amount ($1.6 million), and obtained sanctions awards against the defendants.

Drissi Advertising et al. v. Deluxe Digital StudiosCalifornia Superior Court – Successfully represented award-winning film and television advertising companies, Drissi Multimedia and Drissi Advertising, and their founder in dispute with media giant Deluxe Digital Studios (owned by MacAndrews & Forbes) over earn-out compensation due pursuant to Deluxe’s asset purchase agreement for the companies.  Deluxe asserted counterclaims against Drissi’s founder for trademark infringement, theft of trade secrets and related claims.  After Mr. Fayer achieved dismissal of key counterclaims on summary judgment, the case settled on undisclosed terms.

CYBERsitter v. People’s Republic of China et al., U.S. Federal District Court – Lead counsel for plaintiff in high-profile suit alleging $2.2 billion in damages stemming from the theft of U.S. company’s software code and its incorporation into a censorware program promoted by the PRC and distributed by the defendant computer manufacturers – including Sony, Lenovo, Toshiba, Acer, Asus and Haier – to over 50 million end users.  The theft was discovered by a University of Michigan computer science professor after the extensive press regarding the Chinese censorware program.  After Plaintiff successfully defeated multiple motions to dismiss brought by the defendants over the course of two years of litigation – including motions for lack of personal jurisdiction and forum non conveniens – the case settled on undisclosed terms.  Mr. Fayer’s victory in a published decision in this case, holding that the defendants were subject to personal jurisdiction in the U.S. for acts committed outside the U.S., has been cited hundreds of times by courts and legal publications.

Kennedy v. Aero-Nasch Aviation, Inc., California Superior Court – As lead trial counsel, Mr. Fayer achieved a complete victory on summary judgment on behalf of the defendant manufacturer of custom jet airplane interiors and its founder.  The Court dismissed the suit in its entirety and entered summary judgment in favor of Aero-Nasch, rejecting the claims of a former owner of a jointly-owned custom jet engine cover business, Jet/Brella, that Aero-Nasch and its founder siphoned funds from Jet/Brella.

Johnson v. PorchLight Entertainment, AAA Arbitration – Represented founder of prominent family film and television production and distribution studio in compensation dispute after company was sold to new owners.  The case was stayed on the eve of trial when the defendants filed for Chapter 11 bankruptcy protection.

Volgin v. Avion Private Jet Club, LLC, Los Angeles Superior Court – Successfully defended private jet charter company, Avion Private Jet Club, against claims brought by former business associates of the company, claiming in excess of $1 million in monies owed.  The case settled for $40,000, a small fraction of the demand.

Equity Pictures v. Chumscrubber Distribution, LLC, California Superior Court – Mr. Fayer successfully represented Munich-based film company, Equity Pictures, as lead counsel obtaining summary judgment for $2.8 million plus prejudgment interest against a prominent U.S. sales agent and distributor in March 2012, in a dispute over film revenues and proceeds.  The Court also ordered the defendant to provide a full accounting of revenues and proceeds in order for Equity Pictures to determine whether further sums are due.

Cineblue Internationale v. Lakeshore Entertainment, U.S. Federal District Court – Successfully represented German film funding and production company as lead counsel in obtaining a $5.1 million judgment for defendant Lakeshore’s non-payment of a sales guarantee.

Take That v. Allumination, California Superior Court – Achieved successful settlement of claims for defendant affiliate of Content Film in breach of contract action relating to distribution of television program.

Quantum Production Services v. MGM, California Superior Court – Successfully represented defendant MGM as lead counsel in achieving dismissal of all claims against it on demurrer in lawsuit related to the distribution of two motion pictures, and in quashing trial subpoenas served on defendant in a related interpleader action, as well as successfully obtaining awards of attorney’s fees and costs.

Natural Resources Defense Council v. Winter, U.S. Federal District Court – Successfully represented environmental organizations in high profile litigation against U.S. Navy regarding the effects of high-intensity sonar training on marine mammals. Mr. Fayer successfully argued for and obtained a preliminary injunction in the U.S. District Court (Natural Resources Defense Council, Inc. v. Winter, 645 F.Supp.2d 841 (C.D. Cal. 2007)), which was subsequently affirmed by the Ninth Circuit Court of Appeals, and then affirmed in part and reversed in part on review by the U.S. Supreme Court (Winter v. Natural Resources Defense Council, Inc., U.S. , 129 S.Ct. 365, 172 L.Ed.2d 249 (2008)).  The Supreme Court’s Winter decision set the federal standard for preliminary injunctions and has been cited many thousands of times, including in every federal preliminary injunction case.