When the heirs of J. Fred Coots, the co-author of the world-renowned song, Santa Clause Is Coming To Town, wanted their ownership rights to Santa Clause under an agreement signed by the author before his death in 1981, a New York based music publishing company shot back by claiming the family had forfeited ownership rights in Santa Clause. David Milian obtained a complete victory for the family in a lawsuit against the music publisher filed in federal court under U.S. copyright and breach of contract laws. After prevailing on appeal and at the U.S. Supreme Court, the family now holds copyright ownership over Santa Clause, one of the most famous and highest grossing songs in U.S. history.
We obtained a complete victory for the owner of a famous restaurant brand frequented by celebrities and foodies. After the client had spent millions to advertise and promote the brand, a competitor decided to open a restaurant under a confusingly similar name. After the competitor ignored our warning to cease and desist, we filed a lawsuit for trademark infringement, unfair competition, and brand dilution. We obtained a complete victory for the client with the court ordering the competitor to stop infringing our client’s name.
An investment venture backed by a famous movie star can be a huge selling point for the investment promoter. When the business manager and wife of Dwayne “the Rock” Johnson teamed up with a large accounting firm to entice investors to fund a highly speculative real estate development, it became clear after years of delays and broken promises that the promoters had overhyped the project. We filed a lawsuit on behalf of the investors, including an elderly widow who was persuaded to invest her life savings, and a pilot whose Cessna plane was blown out of the sky by Cuban fighter jets while he was attempting to rescue rafters stranded at sea. We were able to recover nearly 100% of the millions of dollars that were invested for the victims and their families.
We obtained an emergency temporary injunction on behalf of our business client that put a stop to the client’s former business partner’s complicated scheme to remove and personally profit from property that belonged to the business.
When a first time investor in a commercial real estate development project suspected that the managers and co-owners of the project were siphoning business funds for their personal gain, we filed a lawsuit and employed a strategy that halted the flow of money to the insiders, allowed the project to be completed, increased the client’s ownership percentage in the venture, and preserved the value of the client’s investment in the business.
We helped a mother of three minor children embroiled in a contentious divorce proceeding overseas obtain an Emergency Injunction Order in the U.S. that froze funds in multiple bank accounts located in Florida. The bank accounts were in the ex-husband’s and his foreign company’s names. We were able to demonstrate that the former husband would likely remove the funds before the foreign court could decide how to allocate the money for the children’s benefit.
David Milian has been appointed by numerous courts across the United States to serve as lead counsel for consumers in class actions against companies who made unsolicited robo- calls and text messages under the Federal Telephone Consumer Protection Act (TCPA) and Florida’s Telephone Solicitation Act, leading to recoveries in excess of $30 Million.