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Month: February, 2012
Devin McRae Quoted in Several Moore v. Kirkman, Walking Dead Articles
Category: News | Thursday, February 16th, 2012 | Comments Off on Devin McRae Quoted in Several Moore v. Kirkman, Walking Dead Articles
Devin McRae appeared in several articles regarding Tony Moore’s lawsuit against Robert Kirkman, an executive producer of The Walking Dead TV series.
Here are some excerpts:
“Robert Kirkman, the famed comic book writer who helped create AMC’s hit zombie series The Walking Dead, has been sued by a childhood friend and collaborator who claims he is entitled to as much as half the proceeds from the lucrative franchise…Michael Anthony (“Tony”) Moore, a fellow comic book artist, filed suit Thursday in Los Angeles Superior Court. In the complaint, a copy of which was obtained by THR, Moore says he was duped into assigning his interest in the material over to Kirkman, who has since gone on to fame and fortune. Moore, on the other hand, has received very little compensation and has not be able to access profit statements from properties including Walking Dead, he says…The suit, filed by Devin McRae, William Wright and Mary Gordon at LA’s Early Sullivan Wright Gizer McRae firm, alleges causes of action for promissory fraud, breach of written contract, breach of implied covenant of good faith and fair dealing, money had an received and accounting.”
Source: Hollywood Reporter Esq.
“Nine months before he was sued by his former illustrator for payments over their “Walking Dead” comic book and the TV show it spawned, Robert Kirkman made a joke he probably regrets now. Asked during a podcast how a comic book writer should find an artist to draw his or her stories, Kirkman dryly replied, “Trickery and deceit.” On Thursday, Kirkman’s original “Walking Dead” artist, Tony Moore, accused him of exactly that. Moore alleges in a lawsuit that Kirkman, a childhood friend with whom he collaborated on several comics, tricked him into surrendering his rights to them in 2005 in exchange for payments that never came. Kirkman calls the allegations “ridiculous.” But his “trickery and deceit” joke, lighthearted and ironic as it may have been, is almost certain to come under scrutiny if the case goes to trial. Moore’s attorney said Friday he was unaware of the podcast comments until TheWrap asked about them. “As the saying goes, in all humor there’s truth,” said the attorney, Devin McRae. “And also, I think from my client’s perspective, Mr. Kirkman is clearly speaking from experience.”
Source: Reuters
“Comic book artist Tony Moore has sued Robert Kirkman, an executive producer of The Walking Dead TV series, claiming he was tricked into signing a 2005 agreement and has been denied an accounting to determine his share of the show’s profits. Moore, whose full name is Michael Anthony Moore, claimed in a suit filed on Feb. 9 that Kirkman and his company, Kirkman LLC, have failed to provide books and records that would clarify how much he should be paidunder the agreement. “He’s received some checks, but that’s all he gets are checks,” said Moore’s attorney, Devin McRae, a partner at Los Angeles-based Early Sullivan Wright Gizer & McRae. “He’s asked for accounting statements and access tothe supporting documentation that is supposed to be provided under the agreement, and he’s getting stonewalled.”
Source: National Law Journal
“Comic book writer Robert Kirkman, who helped create the AMC television hit “The Walking Dead,” was sued Thursday by a former collaborator who claims he was duped into signing away his rights to the comic book series that inspired the show. In a complaint filed in Los Angeles Superior Court, Michael Anthony Moore alleges that in 2005, Kirkman and his agents devised a fraudulent scheme to get him to agree to assign his copyrights on works he co-authored to Kirkman’s company…Devin McRae of Early Sullivan Wright Gizer McRae LLP, who represents Moore, told Law360 that it was “ironic” for the other side to claim that Moore had been paid his due, saying Kirkman’s representatives had previously claimed that the documents needed to verify whether the royalties were being paid properly were unavailable. ‘If they are so certain that [Moore] has been paid everything he is owed, we expect that in discovery they will give us everything that our auditor has specified is necessary to confirm that,’ McRae said.”
Source: Law360
Four Early Sullivan Lawyers Named Southern California Super Lawyers Rising Stars
Category: News | Sunday, February 12th, 2012 | Comments Off on Four Early Sullivan Lawyers Named Southern California Super Lawyers Rising Stars
We are proud to announce that Scott Gizer, Diane Luczon, Devin McRae and Bryan Sullivan have been named 2012 Rising Stars by Southern California Super Lawyers.
Southern California Super Lawyers Rising Stars is a highly selective list, with no more than 2.5 percent of lawyers in the state chosen.
Source: Southern California Super Lawyers
Watching Out for Fraud
Category: News | Friday, February 3rd, 2012 | Comments Off on Watching Out for Fraud
Be sure you’re doing the proper due diligence on behalf of your clients in a distressed-property sale.
BY ERIC P. EARLY , SCOTT E. GIZER
No doubt, you’ve read reports about intricate fraud schemes designed to bilk distressed property owners out of equity and steal homes. To help your clients avoid scams, pay close attention to your fiduciary duties—and think beyond basic due diligence.
In an example we’ve seen repeatedly, unsuspecting sellers are told that a limited-liability company—actually a shell corporation created by the fraudsters—is the buyer of their property. Short-sale approval letters are fabricated using a template from a prior bank short-sale approval and forwarded to the sellers in order to induce them to execute a grant deed in favor of the “buyer.” Meanwhile, innocent buyers bidding on the property are told the short sale is approved, and those buyers transfer their purchase monies into escrow. The escrow officer, in on the fraud, then transfers the money to his or her coconspirators and provides a false HUD-1 showing that the funds were used to pay off the lender as part of the short sale. The sellers, assuming their loans are paid off, stop making payments, causing the lender to begin foreclosure proceedings. Before long, the innocent buyers learn they’ve been defrauded.
What if you are the lone unknowing practitioner in a crooked deal like this? Say, for example, you’re representing the innocent buyers. With a little extra care, it’s possible that you can expose the fraud and prevent it from occurring. Freddie Mac is encouraging practitioners to help prevent fraud by blowing the whistle on questionable transactions; the agency requires all parties to the transaction to sign an affidavit affirming a truly arms-length deal. If you weren’t aware of wrongdoing, you won’t be held responsible for others’ actions. But if your gut tells you that something is off, then do some research. Follow up with escrow or title officers to ensure they’ve verified the validity of the short-sale agreement. Don’t hesitate to ask for copies of communications with the lender regarding the short sale, and make sure you’re satisfied that the lender has authorized the short sale to proceed along the lines that it is, in fact, proceeding. Asking tough questions will protect both your clients and you. We know of one case in which a buyer’s agent is being sued for failing to conduct due diligence that would have prevented fraud. Sometimes it can be intimidating to ask extra questions for fear of losing a deal and thus the commission, but is that $10,000 commission really worth becoming embroiled in a lawsuit or blemishing your reputation?
Here are some things to look out for:
• When working with another real estate practitioner for the first time, check the person’s license status with your state’s department of real estate. Never deal with unlicensed agents or unlicensed brokerage companies, and be wary if you encounter agents who are unwilling to meet in person.
• Be sure to pay extra attention if one of the real estate practitioners is a party to the deal, is using a shell company, or mentions “on the side,” “outside of escrow” or “after closing.”
• Make sure early in the real estate transaction that all the required state and federal disclosures have been made, and be suspicious if other parties claim to represent federal or state agencies or programs.
Also, beware of the “forensic loan audit.” According to the Federal Trade Commission, these can be used to exploit financially strapped home owners. In exchange for an upfront fee, so-called forensic loan auditors, mortgage loan auditors, or foreclosure prevention auditors offer to review a home owner’s mortgage loan documents to determine whether the lender complied with state and federal mortgage lending laws. The “auditors” explain, in many instances without any reasonable basis, that the owner can use the audit report to avoid foreclosure or accelerate the loan modification process.
For your part, if you plan to undertake a short sale on behalf of a buyer or seller, be sure you fully understand how a legitimate transaction should play out. Check with colleagues, industry Web sites, and your state regulatory agency. Remember, if it seems too good to be true, it probably is.
Source: Realtor Magazine