Bratz Doll Maker Colliding with O’Melveny & Myers in L.A. State Court.
As reported by Amanda Bronstad in an August 1, 2011 post at The National Law Journal, O’Melveny & Myers has sued its former client MGA Entertainment Inc., the eventual winner in a federal lawsuit against Mattel over the Bratz doll. O’Melveny is seeking to recover $10.2 million in unpaid fees in a pending Los Angeles County Superior Court action. (O’Melveny was counsel at a first trial where MGA lost, but a Ninth Circuit appeal sent the case back for a second trial, where MGA had a nice turnaround in fortune through a win that has also produced a fee award and recovery of punitive damages as well as some compensatory dollars.)
Now, there is a new twist: O’Melveny is seeking issue/evidentiary sanctions against MGA for allegedly not turning over discovery on certain claims, arguing that MGA should be precluded from arguing certain things in opposition to the fee claims.
MGA, in turn, wants to amend its existing cross-complaint against O’Melveny to delete certain claims (apparently one being a legal malpractice claim), responding that the result of this amendment request will likely moot the sanctions request. These different motions are the subject of law and motion hearings pending later on in August of this year. We shall see.
BLAWG BONUS: Profile of Henry W. O’Melveny.