Susan Clary has over thirty years of experience successfully representing individual and Fortune 500 corporate clients in all phases of complex litigation, including appeals, arbitrations and mediations, and in the gamut of transactional matters.
In the course of her career, Ms. Clary has secured numerous multi-million dollar verdicts and settlements on behalf of plaintiffs, achieved highly successful defense verdicts, represented entertainment companies and celebrities in a host of intellectual property and entertainment-related transactional and litigation matters, and negotiated billions of dollars worth of equity and financing deals.
Ms. Clary’s intellectual property and entertainment work includes litigation and transactional work involving unfair competition, trade secrets, and copyright and trademark law; prosecution and defense of audits of licensors, distributors and publishers; financing and distribution transactions; and motion picture production, distribution and financing.
Her corporate and securities work includes public and private equity and debt financing transactions; 1933 and 1934 Securities Acts compliance and reporting; domestic and international mergers and acquisitions; corporate restructuring, liquidation, asset and stock valuation and sale; international aircraft financing; and private offerings and financings for alternative energy generators.
She has also handles employment law, real property and bankruptcy matters, including wrongful termination, discrimination, employee raiding, breach of confidentiality and trade secret theft; title and liability insurance claim defense and settlement; real estate fraud, equitable subrogation and quiet title actions; UCC and secured transactions structuring and documentation; and bankruptcy representations and appeals.
Ms. Clary obtained the largest known verdict under the Lanham Act for a producer’s deprivation of screen credit. She won summary judgment for a recording superstar against personal managers seeking more than $10 million in damages. She represented the creditors in bankruptcy and related proceedings of one of the largest real estate developers in California.
Prior to joining Harrison Barnes, Ms. Clary had her own practice. Before that, she was a partner at Hennelly & Grossfeld LLP in Marina del Rey and Manatt, Phelps & Phillips in Los Angeles. She was an attorney with James P. Tierney in Santa Monica; Latham & Watkins in Los Angeles; and Munger, Tolles & Olson in Los Angeles. She clerked for Judge John C. Godbold of the 5th Circuit Court of Appeals in Montgomery, AL.
Of her more than 30 trials, some of Ms. Clary’s more notable results include:
Virgin Vision Polygram Ltd. v. The Samuel Goldwyn Company: In a three-part trial encompassing three years, Ms. Clary obtained the largest verdict in the United States for a Lanham Act plaintiff, which exceeded $10 million and included almost $3 million in attorneys’ fees.
The Samuel Goldwyn Company v. Polygram Ltd.: Ms. Clary successfully defeated breach of contract, fraud and other claims totaling more than $5 million.
Mortorff et al. v. Scotti Brothers, Inc.: In a two-part trial, Ms. Clary successfully defeated accounting, breach of contract and fraud claims exceeding $2 million to obtain a pre-verdict settlement of $100,000.
Moress et al. v. Estefan: Ms. Clary defended pop singer Gloria Estefan in a $10 million breach of contract and fraud claim by her former personal managers and obtained summary judgment in her client’s favor on the first day of trial.
Wilson v. Mitchell et al.: Ms. Clary successfully litigated to opening statements the claim by music legend Brian Wilson to regain ownership of his copyrighted Beach Boys songs, which resulted in return of Mr. Wilson’s copyrights and over $10 million in back royalties.