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Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?

Certainly, parties defending a case will want to know, “Who are we really litigating against, and what are their true motives?” “Who is the real party in interest here?” And even if a litigation funder is not the same thing as a plaintiff, a funder may have a significant role to play in the case. After all, “[h]e who pays the piper may not always call the tune, but he’ll likely have an influence on the playlist.” Conlon v. Rosa, No. 295907, 2004 WL 1627337, at *2 (Mass. Land Ct. July 21, 2004).

So, are litigation funding arrangements discoverable? While courts across the country are split on this issue, state legislatures and select judicial districts have begun to intervene and enact disclosure requirements relating to such funding.Continue Reading To Be or Not to Be…Discoverable: Third-Party Litigation Funders

On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code.

In New England Country Foods, LLC v. VanLaw Food Products, Inc., No. S282968, 2025 Cal. LEXIS 2299 (Cal. Apr. 24, 2025), a barbecue sauce company sued a manufacturer for allegedly secretly attempting to replicate its popular barbecue sauce and sell it to Trader Joe’s. The barbecue sauce company, New England Country Foods (NECF), asserted both contract and tort claims against VanLaw, but VanLaw responded that the claims were barred by a contractual clause between the two parties that purported to limit damages for willful injuries caused by either party.Continue Reading California Supreme Court Finds Parties Cannot Contract Away Liability for Willful Injury

On June 18, 2024, California Attorney General (AG) Rob Bonta announced a third CCPA enforcement settlement, this one with Tilting Point Media LLC. Tilting Point was allegedly using its mobile app game “SpongeBob: Krusty Cook-Off” to collect, share, and sell the data of minors, in violation of the California Consumer Privacy Act (CCPA), California’s Unfair Competition Law (UCL), and the Children’s Online Privacy Protection Act (COPPA). Tilting Point agreed to pay a $500,000 civil penalty and implement certain measures to address the alleged violations. The settlement is notable for combining enforcement of COPPA alongside the CCPA, targeting similar practices but different age groups under each law. Also notably, the AG investigated Tilting Point after the Children’s Advertising Review Unit (CARU) of BBB National Programs issued findings alleging that Tilting Point’s practices violated COPPA. The AG alleged that Tilting Point failed to correct its practices following the investigation by CARU. The case illustrates the risks of ignoring industry self-regulatory reviews and provides a roadmap other states can use to leverage multiple laws against the same activities.

The AG’s complaint focused on the key allegations outlined below:Continue Reading California Attorney General’s Recent Enforcement of CCPA and COPPA

Venable LLP is pleased to announce the arrival of Joshua Rosenberg, partner, and Max Wellman, counsel, at the firm’s Litigation Practice in the Los Angeles office.

Mr. Rosenberg handles a wide range of complex litigation matters, including breach of contract, copyright and trademark infringement, employment disputes, defamation, invasion of privacy, and general business matters. He has represented numerous entertainment industry clients, including studios, production companies, talent agencies, management companies, concert promoters, record labels, recording artists, actors, writers, directors, producers, studio executives, and social media influencers. He has also represented manufacturers, real estate developers, high-net-worth individuals, and nonprofit organizations.

Mr. Wellman represents individual and corporate clients in business and entertainment matters. He works closely with his clients to build relationships and manage their needs, both in and outside of the courtroom. When handling litigation, Mr. Wellman focuses on complex commercial disputes involving intellectual property, trade secrets, commercial debts, corporate dissolutions, and general contract and business tort claims. Outside the courtroom, Mr. Wellman provides strategic and operational advice, primarily in the entertainment, media, and technology industries, including assisting intellectual property owners in building, protecting, and monetizing their assets. He predominantly represents production companies, global influencers, merchandising companies, developing artists, entrepreneurs, consumer product brands, and technology start-ups.Continue Reading Venable Expands Service Offerings for the Entertainment and Media Industry with the Addition of Joshua Rosenberg and Max Wellman

Most of us know what it’s like to receive a notice that one of our subscriptions has been automatically renewed for another year. As the regulatory landscape of subscription-based offers continues to evolve, federal and state regulators and private plaintiffs have ramped up actions and challenges against companies that sell products and services on an automatically renewing basis. Last month, California Gov. Gavin Newsom signed new legislation to protect California consumers. Among them are long-anticipated updates to California’s Automatic Renewal Law (ARL) that impose new notice requirements on automatic renewal and continuous service offers with free or introductory trial periods and offers with an initial term of one year or longer, as well as stronger provisions allowing consumers to cancel services more easily and quickly. As companies quickly embrace the rise of digital technologies when offering entertainment and personal services, they should familiarize themselves with California’s ARL, as it applies to all businesses that make automatic renewal offers and continuous services offers to California consumers.
Continue Reading Looking Ahead: Significant Changes in California Law for Subscription Merchants Coming in July 2022

Many celebrities balance maintaining their brand by staying in the public eye with privacy in their personal life. A new California law, however, has some business managers and celebrities concerned about maintaining their privacy. With little fanfare, Governor Newsom signed into law Senate Bill 592 (the Bill) on September 28, 2020, which may raise eyebrows this year as business managers and taxpayers navigate the 2020 tax reporting season. Specifically, the Bill requires the California Franchise Tax Board (FTB) to revise the California resident income tax return form to include a line item for the taxpayer’s address of their principal residence and their county of principal residence. In the past, high-profile taxpayers often used their business manager’s address when filing tax returns, to maintain privacy and security. The Bill, however, takes effect this year, so that California residents must now disclose the address of their principal residence on their 2020 California income tax returns.
Continue Reading New Disclosure Law for California Taxpayers: A Huge Breach of Privacy? Probably Not.

Venable partner William Briggs was recently nominated by Los Angeles Mayor Eric Garcetti to serve on the city’s Board of Police Commissioners. In this Q & A, Briggs discusses his journey from public high school to a prestigious law school, the legal accomplishments he’s most proud of, including his previous advocacy on behalf of disadvantaged children, and what he hopes to accomplish in his new role.

You were raised in a single-parent household in Los Angeles, where you attended a public high school. How did you get from there to one of the country’s top law schools?

I was lucky to have had some very good role models and teachers. One of whom was a biology teacher who I guess recognized that I had some potential and then helped me at an early age to get a job in a laboratory at UCLA. While there I worked for a doctor of Armenian descent who not only exposed me to a completely different culture, but also to a different way of thinking. Basically, he taught me that you don’t have to let the circumstances of your life inhibit your ambition. Like-minded friends of my mother told me the same thing, and my aunt, Dr. Dorothy Height, a civil rights activist, also strongly encouraged me to pursue an education. She had a connection with Bethune-Cookman College, a historically black college in Florida, so that’s where I ended up going.Continue Reading Entertainment Attorney William Briggs Discusses his Journey to a Successful Legal Career

While the COVID-19 pandemic has had an adverse impact on commercial real property markets in much of the country, an ever-increasing demand for streaming content has caused existing studio space in Los Angeles and elsewhere to become even more valuable, and the demand for studio space continues to rise. In this Q & A, Venable partner Andrew Schmerzler discusses some of the long-term trends that have contributed to this increased demand, tech companies making a commitment to Los Angeles (leading to the rise of “Silicon Beach”), and how the pandemic is accelerating these trends.
Continue Reading The Rise in Demand for Studio Space in Los Angeles – Q & A with Andrew Schmerzler

On November 17, 2020,  Los Angeles Mayor Eric Garcetti nominated William Briggs to serve on the city’s Board of Police Commissioners.

“Our city is leading the movement to reimagine public safety, revitalize our commitment to racial justice and support our courageous police officers who keep our city safe. And I’m confident that William Briggs will bring an extraordinary record of leadership and commitment to the fight for fairness, equity, and a safer Los Angeles,” said Mayor Garcetti.

Mr. Briggs is a leading trial lawyer and civil litigator with extensive experience providing counsel to some of the most recognizable names in the film, television, music, and sports industries. He has received numerous accolades for his work in the entertainment industry, including being named a Most Influential Minority Attorney and Top Litigator & Trial Lawyer by the Los Angeles Business Journal. He was also recognized by The Hollywood Reporter as a Power Lawyer and by Billboard as a Top Music Lawyer.
Continue Reading Venable Entertainment Attorney William Briggs Nominated to Los Angeles Board of Police Commissioners