Profile

Gail Migdal Title, Esq. became a neutral after an illustrious career as a litigator handling a broad range of disputes and 14 years when she was also Managing Partner of the California office and part of the leadership of a prominent national law firm.

As a neutral, Ms. Title utilizes her breadth of legal and management experience along with the personal traits that have made her so successful — intelligence, sound judgment, practicality, diligence and persuasiveness, as well as the ability to communicate on sophisticated business and emotional levels — to move counsel and parties to resolution of their disputes.

Ms. Title also brings to her work a wealth of substantive knowledge, having handled matters as varied as copyright infringement and idea theft; statutory and common law trademark infringement; defamation and right of privacy; breach of contract and statutory and common law business torts, including participation accounting and trade secrets; labor and employment, including collective bargaining agreement disputes; partnership disputes; insurance coverage disputes; civil rights claims, and legal malpractice claims. Her knowledge and experience extends to many different industries, including all aspects of entertainment (e.g. film, television, music and video), technology, fashion, publishing, manufacturing, hospitality, and residential and commercial real estate, and to all aspects of the legal process.

Ms. Title also brings the experience and perspective gained from her leadership role in the operation of the business of a national law firm, and in the development of the California office in particular – issues regarding profitability; growth, divestment and strategic planning; personnel matters; partnership matters; conflicts of interest and legal malpractice, among many others.

Areas of Expertise

  • Entertainment: film, television, music, new media, participation accounting
  • Intellectual Property: copyright, trademark, idea submission, right of publicity, defamation
  • Employment: single plaintiff, class actions, discrimination, hostile work environment, retaliation, wage and hour violations, collective bargaining agreements
  • Business Litigation: breach of contract, tortious interference with contract/economic advantage, unfair competition, breach of fiduciary duty, false advertising
  • Professional Malpractice: lawyer, accountant, professional code of conduct violations, failure to meet requisite standard of care

Dispute Resolution Experience

Gail Migdal Title, Esq. has been serving as a neutral for the last 14 years, mediating a wide range of disputes including claims of copyright infringement and trademark infringement; breach of contract; business torts; employment law violations; and accounting violations in a wide range of industries, including film, television, music, technology, new media, fashion, publishing, manufacturing, construction, hospitality, insurance, and residential and commercial real estate.

In addition to her work with ADR Services, Inc., Ms. Title serves on the mediation panel of the United States District Court, Central District, and previously served on the mediation panel of the Los Angeles Superior Court.

She has over 100 hours of mediation and arbitration education and regularly supplements her education with advanced mediation training.

Litigation Experience

  • Katten Muchin Rosenman
    • Managing Partner, Los Angeles, 1997 – 2011
  • Rosenfeld Meyer & Susman
  • Federal Public Defender, Central District of California, Deputy
  • Law Clerk to Hon. David W. Williams, United States District Court

Alternative Dispute Resolution Education

  • Pepperdine University School of Law, Straus Institute for Dispute Resolution
  • United States District Court, Advanced Mediation Training
  • Los Angeles County Bar Association, Mediation Training

Education

  • University of California, Berkeley, School of Law
  • Wellesley College, Wellesley, Massachusetts

Professional Awards and Recognitions

  • Daily Journal
    • California’s Top 100 Leading Lawyers
    • California’s Top 50 Women Lawyers, 7 consecutive times
    • California’s Top 100 Intellectual Property Lawyers, 4 times
  • Hollywood Reporter

    • Power Lawyers, 7 times

  • Los Angeles Business Journal

    • “Who’s Who in Law” – Top 40 Entertainment Lawyers in LA

  • Century City Bar Association

    • Litigator of the Year

  • Chambers USA

    • America’s Leading Lawyers for Business, 6 consecutive times

  • Best Lawyers

    • Los Angeles Media Law – Lawyer of the Year
  • Southern California Super Lawyers
  • Women Lawyers Association of Los Angeles
    • Women of Distinction Award – Top Women Lawyers in Business

Professional Affiliations

  • Los Angeles Copyright Society, Past President, Board of Trustees
  • United States District Court Magistrate Judge Merit Selection Panel for the Central District of California, Past Chair
  • Public Counsel Law Center, Past Chairperson, Executive Committee, Board of Trustees
  • Constitutional Rights Foundation, Board of Directors
  • Ninth Circuit Historical Society, Board of Directors

Representative Cases

Entertainment (Film and Television)

  • Multiple matters involving accounting and other participation claims, including self-dealing through vertical integration, arising from television exploitation of theatrical motion pictures
  • Matter involving applicability of Talent Agency Act to actions of talent representative
  • Case involving television exploitation rights in series of novels
  • Matter involving acquisition of television stations under asset purchase agreement and effect on FCC station licenses
  • Mediation in advance of IFTA arbitration
  • Dispute involving respective rights to revenues generated by and intellectual property used in series of magic and illusionist shows
  • Matter involving entitlement to writing credit and share in proceeds of motion picture
  • Case involving international distribution of Chinese television series
  • Dispute involving advertising agency’s production of television commercial for Las Vegas resort
  • Matter involving US distribution rights in theatrical motion picture
  • Matter involving title to award-winning television series and name of record label
  • Controversy involving accounting and other profit participation claims brought by creator of long-running television series
  • Matter involving sound technology used in software to provide high-end audio on DVD and Blu-ray Discs
  • Dispute over talent agency’s claim to commissions from writer
  • Case involving transmission rights in US, China and other foreign territories
  • Matter involving breakup of creative partnership and respective rights in connection with completed and future motion pictures
  • Dispute over right to exploit documentary of famous football team
  • Matter involving contract interpretation of distribution agreement between prolific film producer and Chinese distributor for slate of 61 films and whether motion picture failed to include contractually required talent
  • Matter arising from performances by opening act in well-known comedian's national tour
  • Matter between talent agency and former executive arising from company’s hiring, operational changes and other conduct
  • Controversy between producer and distributor regarding worldwide distribution of theatrical motion picture
  • Matter between award-winning designer of cinematography equipment and leading motion picture equipment distributor over development and production of camera-head system for use in the entertainment industry
  • Matter between foreign film distribution company and former executive arising from company’s hiring, operational changes and other conduct
  • Matter involving respective rights of general talent agency and voiceover agency to clients and commissions
  • Matter involving media company’s obligations arising from termination of its chief financial officer
  • Controversy involving rights and obligations, including rights to intellectual property, arising from termination of television production executive
  • Controversy among motion picture producers and various lenders to the project, including issues regarding bridge financing, intercreditor agreements, tax credits and accounting

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Entertainment (Music)

  • Dispute among members and former members of heavy metal band regarding partnership rights, value of partnership interest, dissolution, music publishing rights, trademark rights; use of name and likeness, defamation, unfair competition, and income and royalties from recordings
  • Case between daughter of famous lyricist and second husband of lyricist's widow involving issues of copyright termination, probate and family law in different states
  • Dispute between company in the business of placing musical works in motion picture trailers and individual who found composers for company asserting breach of contract, accounting and trademark infringement
  • Dispute among members of partnership created to exploit music of rap group and related merchandise
  • Case between decedent composer's heirs and grantee of rights from decedent over copyright interest in well-known musical composition
  • Dispute between musician and record catalog owner regarding right to masters, license sampling, and royalties in compositions and sound recordings, as well as use of musician's name and likeness
  • Dispute between record and music publishing company and supplier of consumer goods and technology products to the correctional market involving sales of mixed tapes acquired from third-party
  • Matter among former members of indie band regarding use of band name by individual band members
  • Case arising from use of name of well-known 60’s rock band on merchandise
  • Matter involving claims by performing rights organization that radio stations played music without proper licenses
  • Matter involving potential dissolution arising from dispute between members of company that owns record catalogue and record label and provides music-related services
  • Dispute among music attorney and current and former client involving industry standards for attorneys’ fee structures, exercise of fiduciary duties and tortious interference with music industry relationships
  • Dispute between major concert venue/operator and on-line ticketing agent

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Copyright

  • Matter regarding interests of heirs of famed American novelist in his works, involving issues of copyright termination and contract
  • Matter arising from national lingerie chain’s use of artwork in connection with swimwear
  • Dispute arising from alleged downloading of software programming for commercial use, including applicability of DMCA
  • Multiple matters arising from use of renowned photographer's photographs in online news publications
  • Multiple matters involving allegedly similar designs for fabrics, jewelry and other accessories
  • Case arising from use of artist's artwork in advertising of television, including applicability of VARA
  • Controversy arising from use of music in Youtube star’s videos, including effect of participation in YouTube's "Content ID system"
  • Matter arising from use of phrase from Youtube video
  • Dispute among television networks over transmission rights in US and China
  • Matter arising from use of artist's artwork on products and promotional materials and on the web
  • Matter arising from alleged unlawful downloading of songs
  • Controversy arising from use of software program by photo lab, including applicability of DMCA
  • Case arising from use of software by radio broadcasting stations
  • Dispute over rights to distribution of theatrical motion picture in various territories
  • Matter arising from use of famous musician’s literary works and illustrations
  • Multiple matters involving rights in scripts and motion pictures
  • Matter arising from distribution of Chinese TV series
  • Dispute between daughter of famous lyricist and second husband of lyricist's widow involving issues of copyright termination, probate and family law in different states
  • Dispute based on pocket design on women's jeans
  • Matter involving used of photographs of automobiles for car rental business
  • Dispute among members of partnership created to exploit rap group, including copyrights to group’s brand-identifying designs
  • Case between decedent composer's heirs and grantee of rights from decedent over their respective interests in decedent’s work
  • Matter involving rights of record catalog owner and composer/performer in compositions and sound recordings, including rights re sampling
  • Controversy involving software used to play, edit and create videos
  • Matter involving breakup of two previously-merged companies involved in development and marketing of software products that track various business activities for third party users
  • Matter involving online sales of photographs taken by celebrity photographer, including availability of DMCA safe harbor defense
  • Legal malpractice matter where underlying dispute involved distribution of images by online retailers
  • Claims of various music publishers and record companies alleging public performances of their music in clubs without proper licenses
  • Matter involving use of fashion photographer’s photographs by apparel company in its marketing and promotional materials
  • Case involving use of animated character, allegedly copied from motion pictures, in national television commercials
  • Matter involving claims by performing rights organization that radio stations played music without proper licenses
  • Dispute involving use of photographer’s iconic photographs of famous deceased rappers on merchandise
  • Matter involving alleged use of graphic novels in television series
  • Matter involving distribution of still photographs from motion picture prior to picture’s release
  • Claim arising from alleged use of feature script in short film
  • Controversy among numerous contributing writers involving issues of joint ownership
  • Dispute involving documentary regarding major motion picture
  • Matter involving guitar-training DVDs
  • Controversy over use of elements of museum-exhibited videos electronic dance music works, involving issues of fair use and violations of DMCA §1202

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Trademark/Trade Secrets/ False Advertising

  • Matter involving use of same word as title of award-winning television series and name of record label
  • Matter involving use of software logo in connection with product used to play, edit and create videos
  • Dispute involving moving companies with similar names
  • Case involving misappropriation of data base by provider of supporting software for customer relationship management product
  • Matter involving use by manufacturers of competing high definition televisions with allegedly similar names for their products
  • Legal malpractice matter where underlying suit involved alleged unlawful use of trademarks by online retailers
  • Matter involving trade secrets in connection with asset purchase agreement
  • Controversy involving use of image in series of national television commercials
  • Matter involving similarity in name of hip hop artist and title of rap album
  • Dispute between competing manufacturers of sneakers and whether various of their styles were unlawfully similar
  • Dispute involving allegedly similar names for competing providers of legal recruiting services
  • Multiple matters involving distribution of alleged counterfeits of trademark protected clothing, accessories and beauty products
  • Case involving use of similar phrase and logo by two providers of beauty services
  • Matter involving use of designs created by tattoo and graffiti artist
  • Case involving use of similar product designs by competing online distributors of party supplies and novelties
  • Matter involving use of similar names by two providers of office space for co-working services
  • Dispute arising from use of similar names by competing apparel companies
  • Matter arising from use of trademark-protected artwork in national lingerie chain’s distribution of swimwear
  • Matter arising from use by third parties of trademarked phrase appearing in Youtube video
  • Controversy involving competing distributors of kitchen appliances, including claims of false advertising, trade dress and trade libel
  • Matter arising from use of similar names by two popular restaurants
  • Matter involving federal court and TTAB actions arising from use of similar names by sellers/promoters of organic foods and urban farming
  • Matter arising from use of a mark allegedly similar to that of well-known jeans label
  • Case arising from use of name of well-known 60’s rock band on merchandise
  • Matter arising between two similarly named providers of insurance-related services, including applicability of the Anti-cybersquatting Consumer Protection Act
  • Dispute among former members of indie band regarding use of band name by individual band members
  • Matter arising from use of software and other trade secrets by radio broadcasting stations
  • Matter involving competing companies who organize national trade shows including issues related to trade secret misappropriation, trade libel and slander
  • Case involving trade dress in connection with famous brand of boots
  • Matter involving use of logo of company that places musical works in motion picture trailers
  • Controversy involving rights of current and former members of heavy metal band
  • Multiple matters involving designs in connection with various types of merchandise, including furniture, televisions, watches, sunglasses, and jeans
  • Dispute involving different juice and health food establishments with similar names
  • Controversy involving competitors in lighting design and import business
  • Matter involving charities with similar names
  • Controversy involving musical performers’ similar names
  • Claim involving name of real estate venture
  • Controversy between manufacturer of iconic board game and terminated distributor arising from latter’s use of board game’s design and logos

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Patent

  • Dispute involving ownership of 5 utility patents related to solar powered lighting
  • Multiple matters involving design patents for sunglasses
  • Matter involving design and utility patents in connection with musical instruments and extent to which patent protection applies to alleged replacement parts
  • Litigation involving design patent for famous brand of boots

Technology

  • Matter involving sound technology used in software to provide high-end audio on DVD and Blu-ray Discs
  • Dispute involving software used to play, edit and create videos
  • Matter between renowned motivational speaker and software developer arising from failed business relationship regarding software product and development
  • Dispute arising from unlawful downloading of software programming for commercial use
  • Matter between services-related providers including violation of the Anticybersquatting Consumer Protection Act
  • Case arising from allegedly unlawful use of software program by photo lab in violation of DMCA
  • Matter involving use of software by radio broadcasting stations
  • Controversy involving development and marketing of software products that track royalties, contract implementation and other activities for third party commercial users
  • Matter involving paid placement and content license agreements for online advertising, and demand for indemnity against claims of patent infringement
  • Dispute involving alleged effort by majority to squeeze out minority members of startup software development LLC, including claims of securities fraud
  • Matter between provider of customer relationship management product and licensee/provider of supporting software involving alleged misappropriation of data base, including information covered by the Fair Credit Reporting Act
  • Case involving contract to configure host and maintain software services so as to enhance consumer usage

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Right of Publicity/Defamation

  • Matter involving use of names and likenesses of members of heavy metal band
  • Litigation involving use of models’ images to promote popular social media application
  • Dispute involving use of model’s image in promotional materials by producer/distributor of dermatology and aesthetics products to medical professionals
  • Matter involving use of name and likeness of famed Olympic swimmer to promote health supplements
  • Matter arising from use of well-known artist’s likeness in sales and advertising of televisions
  • Matter arising from use of bodybuilder’s image to endorse health products
  • Case involving use of image of famous guitarist and band leader on commercial products
  • Matter arising from use of model/actor’s image in connection with marketing of clothing line
  • Matter involving use of fashion designer’s image by plastic surgeon in promotion of his practice
  • Matter involving use of high fashion model and actor’s image in promotion and marketing of cruise line
  • Dispute involving use of musician/composer's name and likeness by record catalog owner
  • Matter involving online sales of photographs of celebrity models
  • Matter involving apparel company’s use of fashion model’s image in marketing and promotional materials
  • Case involving news publication’s report regarding HIV among actors in the pornography industry
  • Matter involving claims of defamation, false light and emotional distress in connection with internet postings
  • Matter involving statements allegedly made about executive by employer following executive’s separation from employer
  • Matter involving statements allegedly made about one another by competing developers and marketers of software products
  • Controversy over statements allegedly made in interviews and on line by current band members regarding former band member

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Employment

  • Claim against airline for alleged wrongful termination and retaliation in violation of public policy in response to flight attendant’s complaint that airline failed to observe passenger safety rules
  • Dispute between national drug store chain and store managers alleging misclassification of employees as exempt, and violations of California's wage and hours, overtime, rest and meal period laws
  • Claim against US military asserting race and disability discrimination, failure to provide reasonable accommodation, retaliation, and harassment based on employee’s EEO and union activity
  • Claim against talent agency by former executive asserting discrimination, harassment and hostile work environment based on age and gender, and retaliation and failure to take corrective action under FEHA
  • Claims by former sales executive against foreign film distribution company asserting breach of written employment contract, gender discrimination and wrongful termination
  • Class action on behalf of dancers at adult entertainment establishments regarding dancers’ right to retain tips, overtime, reimbursement for uniforms, rest breaks and meal breaks
  • Claims against defense contractor by engineer for discrimination on the basis of gender and disability under FEHA, violation of ADA and Rehabilitation Act, retaliation for taking FMLA leave and failure to reasonably accommodate
  • Action against television production company by writer for gender discrimination, sexual harassment, retaliation for failure to submit to unwelcome advances, failure to prohibit sexual harassment and for overtime, rest break and meal break violations
  • Claim by head of private school for wrongful and constructive termination involving allegedly inappropriate behavior
  • Claim involving alleged constructive termination by private equity company based on sexual orientation
  • Class action regarding alleged failure to pay for time donning and doffing, meal period violations and other related statutory violations
  • Claim against law firm for constructive termination based on pregnancy and gender discrimination
  • Matter involving whether media company’s termination of chief financial officer was for cause and seeking attorneys’ fees under Labor Code Section 2802

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Legal Malpractice

  • Dispute among music attorney and current and former client involving claims of legal malpractice, breach of fiduciary duty, indemnity, intentional interference with contract and prospective business advantage
  • Matter involving fee sharing and alleged violations of the Rules of Professional Conduct
  • Malpractice suit where underlying matter involved distribution of images to and use of trademarks by online retailers
  • Matter involving alleged malpractice by representing partnership and individual members without proper consents and waivers where underlying matter involved claims of breach of contract and tortious interference

Miscellaneous Commercial

  • Matter involving scope of insurance coverage and right to equitable indemnity for settlement payments made by carrier
  • Litigation involving alleged fraud and its effect on coverage under policy for fire damage
  • Dispute between real estate development owner and national drug store chain over terms of lease agreement
  • Dispute regarding alleged technical design failures in parts used in wind turbines
  • Matter involving sales of well-known jewelry line by terminated representatives
  • Dispute between homeowners’ association and individual members regarding compliance with CC&Rs
  • Case involving damage to exotic car
  • Controversy over ownership interests in grocery chain
  • Dispute regarding real estate commissions
  • Claims arising from refinancing in connection with 2008 housing crisis
  • Dispute over guarantee obligations under lease agreement
  • Case between subcontractor and contractor regarding services to be rendered in connection with school construction

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