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Douglas W. Abendroth

Douglas W. Abendroth

Partner
Location:
Irvine, California
Phone:
949-752-2248
Fax:
949-752-2230
Email:

Douglas Abendroth is a partner of North, Nash & Abendroth LLP. Before joining the firm, Doug was a partner of O’Melveny & Myers LLP. He is an experienced litigation attorney with the highest possible peer review rating (AV) by Martindale-Hubbell. He specializes in complex business litigation, intellectual property, and constitutional law matters, and has represented clients in disputes involving real estate, copyright, trademark, trade secret matters, banking, foreclosures, receiverships, corporate and securities matters, antitrust, franchisee and dealer litigation, partnership disputes, broadcasting and media defense, First Amendment issues, defamation, and invasion of privacy claims, and education law matters.

Illustrative Professional Experience

  • Real Estate. Represented major international real estate developer and merchant banker in successful five-week jury trial in defense of partnership and development claims arising out of the development of a 6.3 acre parcel of land in downtown Los Angeles as a major retail, hotel and condominium complex. Represented major real estate developer in litigation over land use issues and entitlements. Doug has represented clients in all aspects of the industry – lenders, developers, REITs, landlords, brokers – in all phases of the real estate business cycle. Matters have included disputes concerning the financing of projects, to construction litigation (claims among construction participants as well as construction defect litigation), to foreclosures and receiverships, unlawful detainers, and disputes between commercial landlords and tenants, buyers and sellers of real estate and participants within the ownership group. Has frequently sought and obtained provisional remedies, including receiverships and writs of attachment. Has advised clients in workout negotiations.
  • Trade Secrets. Represented major software development company in successfully obtaining an injunction against former employee and his new business from using source codes and other trade secrets of his former employer. Doug has also successfully represented manufacturers in asserting trade secret claims against competitors and former employees.
  • Trademark Infringement and Dilution. Represented major domestic tire manufacturer in defense of trademark infringement action in federal court and before Trademark Trial and Appeal Board, defeating preliminary injunction brought on the eve of advertising launch of new tire. Doug also represented a Los Angeles radio broadcaster in the successful defense of a trademark action involving a station name and call letters in federal court. Doug obtained a defense judgment on behalf of a national snack manufacturer after trial in state court on claims for trademark infringement, unfair competition, and license disputes concerning a snack product trademark.
  • Copyright Infringement. Represented major book publisher and author in successful, high-profile defense of action by Howard Hughes’ former aide arising out of Howard Hughes’ acclaimed hand-written notes and the publication of the bestseller Citizen Hughes, alleging misappropriation of copyright, invasion of privacy, and tortious interference; received defense judgment and affirmance on appeal. Doug represented a major cable television network in successfully defending and prosecuting actions for copyright infringement in connection with television properties. Doug represented a software development firm in prosecution of copyright infringement and trade secret claims in federal court.
  • Partnership Disputes. Represented fair association in litigation with limited partner over financial accounting issues arising out of agreement of limited partnership.
  • Corporate and Securities Litigation. Represented companies in disputes over operating matters involving directors and shareholders, corporate governance, and the defense of federal and state securities claims.
  • Dealer and Franchisee Disputes. Doug represented a major domestic automobile manufacturer, a foreign automobile manufacturer, and a major automobile tire manufacturer in the successful defense of various actions arising out of the termination of dealers and franchisees.
  • False Advertising, Defamation, Invasion of Privacy, First Amendment, Media Defense. Extensive experience advising and litigating false advertising matters and claims. Represented major television networks, studios, and book and magazine publishers in defense of libel and slander, invasion of privacy, right of publicity, and related claims, including defeating a high-profile wrongful death action against CBS Records over recorded music by Ozzy Osbourne; obtained affirmance in landmark appellate case. Doug also defeated as a prior restraint an attempt to enjoin broadcast by major television network of a new situation comedy series. Doug successfully represented a major television network and late-night comedy star in the defense of highly publicized defamation and false light invasion-of-privacy action arising out of comments on national television.
  • Financial Institutions, Foreclosures, Receiverships, Lender Liability. Represented banks and other lenders in prosecuting complex judicial foreclosure and receivership proceedings involving commercial real property. Doug has also represented numerous lending institutions in the defense of lender liability actions.
  • Antitrust. Represented major domestic automobile manufacturer in successful defense of purported nationwide class actions alleging price fixing, tying, and unlawful restraint of trade under federal and state law and RICO violations.
  • University and School District Consulting and Litigation. Represented major California public school districts and private institutions of higher education in wide variety of matters. Represented major school district in numerous constitutional and Education Code challenges to landmark mandatory school uniform policy in state and federal courts; in defense of litigation over challenges to the allocation of school facilities to charter school applicants under Proposition 39; drafting and enforcing student speech codes in institutions of higher education; advising private graduate schools and public school districts in teacher discipline and termination matters, academic freedom, First Amendment rights, and in compliance with complex federal and state laws such as FERPA, HIPPA, privacy laws, and Title VII, including drafting compliance policies and procedures.
  • Disability Access Defense. Represents businesses in ADA access defense.

AV

Areas of Practice

  • Complex Business Litigation
  • Intellectual Property
  • Constitutional Law Matters

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • California
  • U.S. District Court Central District of California
  • U.S. District Court Eastern District of California
  • U.S. District Court Southern District of California
  • U.S. District Court Northern District of California
  • U.S. Court of Appeals 9th Circuit

Education

  • Loyola Law School, Los Angeles, California
    • J.D. magna cum laude - May, 1982
    • Honors: St. Thomas More Honor Society
    • Law Review: Loyola Law Review, Chief Note and Comment Editor, 1980 - 1982
  • University of California, Los Angeles, California
    • B.A. magna cum laude - 1976
    • Major: Political Science

Published Works

  • Religious Meetings on Public School Property: The Const... 15 Loyola of Los Angeles Law Review 103, 1981

Honors and Awards

  • St. Thomas More Honor Society
  • Staff & Chief Note & Comment Editor, Loyola of Los Angeles Law Review

Professional Associations and Memberships

  • American Bar Association, Real Estate Section, Member
  • American Bar Association, Litigation Section, Member
  • Orange County Bar Association, Business Litigation Section, Member
  • Orange County Bar Association, Intellectual Property Section
  • William P. Gray Legion Lex Inn of Court, Member