Not Your Standard PracTice. . .

 

  • We cannot do everything. But Arai Mitchell is old school in that the Firm handles a wide variety of matters…and we handle them professionally. That’s why Super Lawyers Magazine recognized Mitch Mitchell as a leader in business litigation, intellectual property litigation and federal Indian law.

    Strictly Business When It Comes To Business. With years of international experience, Arai Mitchell counsels clients on critical aspects of business. We have represented global financial institutions, high tech companies, sovereign Indian nations, and leaders in art, entertainment, fashion and publishing. From challenging contract negotiations to complex commercial disputes, we collaborate with our clients to achieve successful results.

    Intellectual Property Is Not An Oxymoron. Creativity is the capital that drives business growth. Developing, securing and protecting intellectual property rights are essential parts of a successful business strategy. We help clients achieve their creative vision and secure the legal tools needed to advance their goals.

    Always The Right Time To Do The Right Thing. We care about civil rights and civil liberties, consumer protection and the Constitution. So we counsel businesses not only on their legal duties, but the best practices that make them great companies to work for and to work with. We also represent individuals and companies whose rights have been violated. We help companies navigate the challenges of doing business in Indian Country while respecting Tribal Sovereignty.

    • Represented the U.S. subsidiary of a Japanese company in an action for breach of contract and fraudulent conveyance against a debtor that liquidated its assets through an assignment for the benefit of creditors.

    • Represented an individual in an action for breach of contract. We successfully moved to have the case dismissed at the earliest stages of litigation.

    • Represented a media production company in litigation alleging breach of a licensing agreement for software that creates simulated motion for vehicle commercials and promotions.

    • Represented Fuzjko Hemming, a Japanese classical pianist, in litigation against her record label in the United States.

    • Represented the American subsidiary of a major Japanese restaurant chain in an arbitration arising out of its purchase of a restaurant in Little Tokyo.

    • Lead trial team defending a Japanese retailer that was sued for breach of license and distribution agreements.

    • Represented a technology company in litigation for breach of contract and other claims arising out of a patent license agreement.

    • Successfully represented a multimedia company in litigation against its former client for breach of an agreement to develop videogames.

    • Defended a commercial landlord in litigation commenced by a former tenant alleging breach of contract, conversion and negligence.

    • Represented a magazine publisher in litigation for breach of contract.

    • Represented a Silicon Valley company in litigation against a major Japanese corporation for breach of an agreement to jointly develop data storage devices.

    • Advised the San Francisco 49ers on various business matters, including pre-litigation counseling.

    • Advised a non-profit initiative that creates opportunities for underrepresented creators in the entertainment industry on the termination and release of its executive director. Drafted and negotiated the exit agreement, including a mutual release of claims.

    • Counseled a group of limited partners in a venture capital fund against a general partner that failed to fulfill its contractual and fiduciary duties.

    • Represented a Japanese art gallery in pre-litigation discussions with a New York art fair.

    • Represented the U.S. subsidiary of a Japanese restaurant chain in a dispute with the landlord for its branch in Orange County.

    • Represented a group of American Indian prisoners challenging California Department of Corrections’ rules prohibiting long hair without religious exemptions.

    • Represented a medical assistant in a sexual harassment lawsuit against a major healthcare provider and the employment agency that placed her in a very hostile work environment.

    • Representing a woman who was denied employment after a job interview during which employer stated that she was unable to perform the job because she was the mother of young children.

    • Represented a bank manager in an employment dispute arising from sexual harassment and nationality discrimination suffered while working at a global financial conglomerate.

    • Represented an employee who was denied reasonable accommodations under the Americans with Disabilities Act by her employer, a Japanese manufacturer and importer of wasabi.

    • Represented an international chain of Japanese restaurants in a wage and hour litigation.

    • Represented a real estate company in employment litigation commenced by two residential apartment managers. The jury returned a verdict in favor of the defendant on all counts.

    • Represented restaurants in several wage and hour actions before the California Division of Labor Standards Enforcement.

    • Represented an international chain of Japanese restaurants in a Department of Labor investigation into its wage and hour practices.

    • Defended a chain of Vietnamese restaurants in litigation alleging numerous violations of California and federal wage and hour laws.

    • Successfully challenged a former employee’s right to unemployment insurance benefits in an action before the California Unemployment Insurance Appeals Board.

    • Represented an international non-profit organization in several state administrative actions asserting employment discrimination.

    Americans with Disabilities Act

    • Analyzed websites for several Japanese corporations doing business in the United States to ensure compliance with ADA requirements for accessibility.

    • Advised a restaurant on its duties under the ADA and negotiated with the client’s landlord for the indemnification and defense of ADA claims.

    • Negotiated the settlement of ADA claims asserted against a well-known resort built over 100 years ago.

    • Prevailed in a challenge to California jurisdiction in contract litigation commenced by two Canadian corporations against an inventor based in Nevada. Evertz Technologies v Cooper

    • Successfully represented several Hong Kong entities in a challenge to the jurisdiction of California courts in an action for the enforcement of a judgment.

    • Successfully challenged the jurisdiction of the California courts over an action by a California corporation against a major financial institution based in Japan.

    • Successfully challenged California jurisdiction over several EU-based companies in a personal injury action for damages that occurred at resorts located in Mexico.

    • Developed a comprehensive Prop 65 compliance program for a Japanese manufacturer of consumer products including: “safe harbor” analysis; drafting language for both short and long form warnings on product packaging, retail displays and catalogs; developing a location-focused “pop-up” warning for Internet sales; and auditing consumer warnings at authorized distribution points.

    • Advised several chain restaurants on Prop 65 compliance, including identifying risks and various ways to warn consumers of the risk in a code compliant way.

    • Reviewed websites for the clients of a website development company and proposed design elements and website functionality to ensure compliance with Prop 65.

    • Advised a manufacturer of traditional Japanese sake on regulations covering internet surveys and sweepstakes.

    • Advised and drafted privacy policies, terms of use and cookie policies for numerous websites.

    • Advised an organic food producer on regulations regarding limitations on food safety and health claims in marketing and advertising.

    • Represented a national real estate / project development corporation in negotiations with the Eastern Band of Cherokee Indians for the expansion of the tribal hospital.

    • Advised a regional transportation agency that sought to lease commercial property to an Indian tribe.

    • Counseled an investment management company on potential investments in a casino operating in Indian Country.

    • Advised a major bank on doing business in Indian Country, including commercial leases and employment laws.

  • Arai Mitchell routinely registers intellectual property with the relevant federal agency on behalf of our clients. We have successfully registered trademarks and copyrights for clients in a wide variety of industries, including social media, entertainment, visual arts, music publishing, food and restaurants, book and magazine publishing, fashion, animation, toy design, the automotive industry, medicine and dentistry, and consumer goods. We have assisted clients in developing and implementing intellectual property strategies on an international level, coordinating the registration of intellectual property throughout the world by working with preferred local counsel. 

    ADMINISTRATIVE ACTIONS

    Additionally, Arai Mitchell represents clients before administrative agencies, such as the United States Trademark and Trial Appeal Board (“TTAB”).

    • In an action before the TTAB, defending an application for a trademark that Instagram alleges infringes its intellectual property rights.

    • In an action before the TTAB, successfully opposed an application for a trademark that infringed the existing trademark of an emerging fashion house.

    • Represented a health food company in several actions before the TTAB.

  • PATENT LITIGATION

    • Lead trial team in patent infringement lawsuits involving video noise reduction technology. Negotiated settlement agreements on terms favorable to the client.

    • Acted as local counsel for a technology company alleging infringement of its patents for electronic tokens that generate one-time passwords.

    • Represented numerous third-party witnesses testifying in patent cases.

    TRADEMARK, COPYRIGHT AND TRADE SECRET LITIGATION

    • Represented Giant Robot Magazine, who Bruce Lee’s Estate accused of violating the rights of publicity of the martial arts actor, as well as infringement of related trademarks and copyrights. Negotiated a settlement agreement on terms favorable to the client.

    • Defended Activision in a copyright infringement action based on images of actual graffiti in an installment of the Tony Hawk Pro Skater series. Persuaded the court to dismiss the case.

    • Represented the U.S. subsidiary of a publicly traded Japanese corporation in litigation against a company that infringed upon its trademarks. After commencing the litigation, negotiated a settlement agreement on terms favorable to the client.

    • Defended a Japanese entrepreneur in an action for misappropriation of trade secrets, breach of contract and interference with economic relations.

    • ·       Served as lead litigation counsel for a marketing company seeking to protect its customer lists and other trade secrets.

    • Advised a lighting manufacturer in discussions regarding allegations of design patent infringement.

    • Advised an importer of nutritional supplements regarding responses to claims of patent infringement. After sending a letter asserting patent invalidity and non-infringement, patent owner abandoned its claims against the client.

    • Represented a medical office in negotiations with over ten different infringers of its registered trademark. In each instance, successfully negotiated agreements to cease infringement, including the unauthorized use of the trademark in html metatags.

    • Negotiated the settlement of copyright infringement claims asserted by an emerging artist against (1) a clothing manufacturer and an international retailer based in the United Kingdom and (2) a clothing manufacturer and a national department store chain.

    • Represented artist James Jean in negotiations regarding Madonna’s unauthorized use of his artwork, which was licensed to Prada.

    • Represented an author in the successful settlement of her claims for copyright infringement against a major department store chain.

    • Counseled Mattel on international trademark issues, including importation of grey market goods and trade dress.

    • Negotiated a license agreement for wearable, kinetic dolls developed by the client, an independent artist and toy designer.

    • Negotiated an agreement for the international distribution of dietary and nutritional supplements.

    • Negotiated an agreement for the international distribution of tobacco-related products.

    • Drafted and negotiated license and distribution agreements for a California company that sought to localize and distribute Japanese videogames in North America.

    • Advised an emerging artist on various matters related to her line of animated characters, including negotiation of international license and distribution agreements.

    • Negotiated a license agreement for the display of an artist’s work in a shopping mall in Little Tokyo.

  • DEVELOPMENT AND PRODUCTION AGREEMENTS

    • Drafted and negotiated a content rights option agreement for an international animation studio to develop, produce and distribute an animated series developed by the client, an artist and content creator.

    • Drafted and negotiated a master services agreement for a media production company to create and produce initiatives that build awareness and drive sign-ups for a fantasy sports website / application.

    • Drafted and negotiated a film sale agreement for a motion picture company.

    • Negotiated a master agreement for the development, creation, production, and delivery of an unscripted digital and / or television program. Also reviewed, revised and negotiated related agreements, including contractor agreements, music synchronization, location and appearance releases, and licenses. 

    • Represented a videogame company in contract negotiations with Sony Interactive and Atari, among others, for the development of videogames distributed via the Internet and mobile devices.

    • Drafted all agreements related to the production of an educational television series on modern Islam, including pre- and post-production agreements and a director loan-out agreement.

    • Represented a videogame company in negotiations with a major network for the development of a videogame to promote the launch of a television series.

    • Advised a motion picture production company regarding a deal to develop a series of short films promoting a LEGO movie.

    • Negotiated distribution agreements (including theatrical rights and digital distribution) on behalf of award-winning filmmakers.

    • Represented a television director in contract negotiations for the development of a series of webisodes, including options to create a television series.

    • Negotiated, on behalf of a multimedia company, an agreement for the creation, development and production of several television commercials.

    • Negotiated a joint development agreement for the creation of software used in fashion showrooms.

    TALENT AGREEMENTS

    • Represented artists in negotiations with Asian-based companies for the development of NFTs, including copyright assignments, “cooperation agreements” and “advisor agreements”.

    • Drafted and negotiated an agreement for the “Shot on iPhone” global advertising campaign featuring Japanese pop group CHAI. 

    • Drafted and negotiated talent agreements between professional athletes and a production company for commercials shown on the ESPN channels. The athletes included Conor McGregor, Draymond Green, Drew Brees and Calvin Johnson.

    • Drafted and negotiated sponsorship agreements between professional sport fishermen and a Japanese manufacturer of fishing equipment.

    • Drafted and negotiated an agreement for a Mariah Carey concert in Tokyo.

    • Drafted and negotiated an agreement for a special appearance / concert of DeadMau5 at Electronic Entertainment Expo (E3) 2018. 

    • Drafted and negotiated a production agreement between a Korean photographer and the pop group Maroon 5 for the cover art of the "V" album.

    • Represented Ai Yamaguchi, a Japanese artist, in negotiations with Shu Uemura / Estee Lauder to license artwork for product packaging, store design and other promotional materials.

    • Negotiated representation agreements between art galleries and artists.

    • Negotiated several multi-book publishing deals on behalf of authors and artists.