O’Melveny & Myers Sues MGA for $10 Million

LOS ANGELES (CN) – O’Melveny & Myers claims MGA Entertainment owes $10.2 million for legal work representing MGA against Mattel and others in a claim over Bratz dolls. Mattel won its copyright claim against MGA in July 2008. The federal jury ruled that the creator of the big-headed Bratz dolls was under contract to Mattel when he invented the popular line of dolls. Mattel blamed the Bratz dolls for cutting into sales of Barbie.

     In its recent complaint in Superior Court, O’Melveny & Myers claims it represented MGA “successfully and professionally, including winning a contemporaneous jury trial victory on behalf of MGA against Art Attacks Ink, LLC.”
     In the Mattel case, O’Melveny & Myers claims that it withdrew as MGA’s counsel in October 2007 because “fees and costs accumulated over many months of work on the very complicated and litigious case against Mattel and related matters. MGA’s refusal, coupled with disagreements with MGA that made it unreasonably difficult for O’Melveny to continue serving as MGA’s counsel, led O’Melveny to seek court permission to withdraw as MGA’s counsel pursuant to California Rules of Professional Conduct, Rule 3-700, which the Court granted on Oct. 12, 2007.”
     O’Melveny adds that it “is not the only professional services firm that has withdrawn from representing MGA, and upon information and belief, some of those firms have withdrawn due to MGA’s behavior with respect to fees. MGA’s conduct has resulted in what may be described as a revolving door of law firms in connection with the Bratz matters.”
     O’Melveny & Myers claims that it tried direct negotiations, mediation, and regular billing statements, but had to file “this litigation only as a last resort.”
     It claims MGA owes its $10,210,397.47, plus interest, for costs and fees.
     It is represented by Kevin Rosen with Gibson, Dunn & Crutcher.

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