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Los Angeles Direct: 310.312.4318 General: 310.312.4000 Fax: 310.312.4224
New York University School of Law, J.D., 1989.Member, Journal of International Law & Politics.
Swarthmore College, B.A., Economics.
London School of Economics & Political Science.
Donald Brown handles complex commercial litigation at the regulatory, trial, and appellate levels, focusing on defending e-commerce, direct marketing, and media companies in consumer class actions and FTC investigations. Mr. Brown also has substantial litigation experience in areas such as banking and lender liability, illegal website access, online advertising, outdoor advertising, defamation, and claims involving the Foreign Sovereign Immunities Act.
In addition, Mr. Brown advises a diverse clientele regarding compliance with the Americans with Disabilities Act, the Fair Housing Act, and state disability access laws. He helps retailers, banks, media companies, property developers, lodging companies, health insurers, nonprofit foundations, educational institutions, and interactive media manufacturers address disability access issues in a variety of contexts, including stores, housing, lodging, websites, interactive media and media streaming, ATMs, kiosks, point-of-sale devices, and health plan benefits. Mr. Brown also defends disability access lawsuits and helps clients navigate and resolve prelitigation demands and federal and state government investigations.
Mankaruse v. Raytheon, Orange County Superior Court (2014). Successful defense of wrongful termination lawsuit based on alleged age and disability discrimination. After a 4 week trial, the jury ruled unanimously in favor of defendant on all claims.
Warner v. Tinder, Inc., 105 F. Supp. 3d 1083 (C.D. Cal. 2015). Obtained dismissal of putative class action alleging violations of federal Electronic Funds Transfer Act and California's Unruh Civil Rights Act, Automatic Purchase Renewal Statute, and Unfair Competition Law. Action dismissed for failure to state a valid claim.
Warner v. Tinder, Inc. (S.D. Fla. 2015). Obtained dismissal of putative class action alleging violations of federal Electronic Funds Transfer Act and Florida's Deceptive and Unfair Trade Practices Act, False Advertising Law, Free Gift Advertising Law, and Civil Rights Act. Action dismissed for failure to state a valid claim.
Candelore v. Tinder, Inc. (Los Angeles County Superior Court, Complex Department, 2015). Obtained dismissal of putative class action alleging violation of California Unruh Civil Rights Act based on claim of age discrimination in pricing for dating app. Action dismissed for failure to state a valid claim.
Manapol v. Tinder, Inc. (Los Angeles County Superior Court, Complex Department, 2016). Obtained dismissal of putative class action alleging violation of California Unruh Civil Rights Act based on claim of gender discrimination regarding dating app. Action dismissed for failure to state a valid claim.
Ticketmaster Broker Cases (C.D. Cal. 2013). Obtained permanent injunctions on behalf of Ticketmaster against numerous ticket brokers who used bots to purchase tickets through ticketing website. Defendants also agreed to make substantial payments to Ticketmaster.
O'Donovan v. CashCall, Inc. (N.D. Cal. 2014). Defense of class action against California finance lender claiming that lender's interest rates were unconscionable. Summary judgment in favor of lender after class certification.
Cabral v. Supple, LLC (U.S. Court of Appeals, Ninth Circuit). Obtained reversal of class certification in false advertising case against direct seller of supplement.
Asean, Ltd. v. Cathy Jean, Inc. (C.D. Cal. 2015). Obtained prejudgment attachment on behalf of Steve Madden affiliate, resulting in favorable settlement for client.
Vudu/National Association of the Deaf. Guided streamed content provider Vudu through successful 3-year negotiation with disability rights groups regarding closed-captioning of IP-streamed content.
Ticketmaster v. RMG (U.S. District Court, Central
District of California). Obtained a judgment for $18 million
and an injunction prohibiting the manufacture, distribution and use
of bots to illegally access Ticketmaster's website. Also
obtained dismissal of antitrust counterclaims. 507 F. Supp.
2d 1096 (C.D. Cal. 2007); 536 F. Supp. 2d 1191 (C.D. Cal.
NML Capital v. Spaceport Sys. and Republic of
Argentina (U.S. District Court, Central District of
California). Defeated lawsuit by bond creditor seeking to
enforce $300 million judgment against foreign sovereign.
Creditor sought injunction and attachment to prevent the launch of
multinational satellite to conduct scientific survey of oceanic
conditions. 788 F. Supp. 2d 1111 (C.D. Cal. 2011).
In re Ticketmaster Sales Practices
Litigation (U.S. District Court, Central District of
California). Defended consolidated, putative class action
against Ticketmaster and TicketsNow alleging deception in the
online sale of tickets. Action settled favorably for
Mancini v. Ticketmaster (U.S. District Court, Central
District of California). Defended putative class action
alleging violations of Consumer Legal Remedies Act and unfair
competition laws regarding post-transaction enrollment
process. Action settled favorably for defendants.
Siniouguine v. Mediachase, Ltd. (U.S. District Court,
Central District of California). Obtained
summary judgment on behalf of computer software publisher in a
copyright ownership dispute involving the "work made for hire"
doctrine and the enforceability of "results and proceeds" clauses
in employment contracts. 2012 WL 2317364 (C.D. Cal.
DePhillips v. Ticketmaster (Los Angeles County Superior
Court). Obtained dismissal of putative class action alleging
that Ticketmaster's website discriminated against people with
visual disabilities. Then obtained dismissal of appeal.
Graham v. Goldman Sachs (U.S. District Court, Central
District of California). Obtained dismissal of lawsuit
claiming violation of state and federal law regarding affiliate's
operating policies. Affirmed on appeal.
Ticketmaster/National Federation of the Blind.
Represented Ticketmaster in negotiations with National Federation
of the Blind regarding access to Ticketmaster's website, resulting
in widely publicized agreement.
Blanks v. Greenfield (Los Angeles County Superior
Court). Successfully defended executive in dispute over $140
million in profits from exercise infomercial, resulting in
published decision by Second Appellate District under the Talent
Agencies Act. 106 Cal. App. 4th 743, 131 Cal. Rptr. 2d 179
Yan v. Chinese Daily News (Los Angeles County Superior
Court). Successfully defended newspaper against defamation
claim by high-profile Chinese dissident. Attorneys' fees
awarded under anti-SLAPP Act.
Gracenote v. Musicmatch (U.S. District Court, Northern
District of California). Defended Musicmatch in patent
infringement action regarding online digital music services.
Prevailed on summary judgment as to noninfringement and patent
Representative Published Appellate Cases
Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th
Huntington Beach City Council v. Superior Court, 94
Cal. App. 4th 1417, 115 Cal. Rptr. 2d 439 (4th Dist. 2002).
Greenfield v. Superior Court, 106 Cal. App. 4th 743,
131 Cal. Rptr. 2d 179 (2d Dist. 2003).
AV rated by Martindale-Hubbell.
Admitted to practice in the courts of California, the United
States District Courts in California, and the Ninth Circuit Court
Member of Board of Directors of Disability Rights Legal
Speaker at annual International Ticketing Association conference in 2011 on “Understanding the New ADA Regulations.”
© 2016 Manatt, Phelps & Phillips, LLP. All rights reserved.