Profilo
Colin Fraser is a commercial litigator with experience in all phases of litigation in federal and state courts, and in arbitration and mediation, with a principal focus on complex matters. He is experienced in managing cases at the trial court level, including all aspects of discovery, motion practice, and trial. He also has experience prosecuting appeals before the Ninth Circuit and the California Court of Appeal. Colin also represents clients before legislative and regulatory bodies at the local and state levels.
Colin has handled cases with claims exceeding several billion dollars in potential liability and has experience in a broad range of areas affecting business clients, including contract law, intellectual property litigation, anti-trust, Racketeer Influenced and Corrupt Organizations Act (RICO), the Telephone Consumer Protection Act (TCPA), false advertising, unfair competition, real estate disputes, and shareholder disputes.
Concentrations
- Media, Entertainment and Technology Litigation
- Intellectual Property Litigation
- Antitrust and Unfair Competition
- Real Estate Litigation
- State and Local Property Tax
- International Litigation
- Telephone Consumer Protection Act (TCPA)
- Deceptive Advertising & Consumer Protection Litigation (UCL, FAL, CLRA)
- Transnational Litigation
Competenze
Esperienze Professionali - Attività Accademiche
- Prosecuted three-year RICO action on behalf of multinational energy company that included expedited litigation on declaratory and injunctive relief, which culminated in a seven-week trial before the Honorable Lewis Kaplan of the Southern District of New York and a ruling declaring that a $9 billion foreign judgment against the client had been procured through fraud.
- Represented minority shareholder in dispute over control of a closely-held steel corporation, including four-week trial in Los Angeles Superior Court resulting in favorable ruling for the client.
- Represented developer of luxury resort in Los Angeles against the County of Los Angeles in an over twenty-day administrative hearing before the Los Angeles Assessment Appeals Board involving a dispute over $200 million in property value.
- Represented internationally acclaimed entertainer in six-day AAA arbitration against co-creators of Broadway and touring stage productions involving breach of contract, breach of fiduciary duty, unfair competition, false advertising, and intellectual property claims, which resulted in $2.6 million award in favor of the client.
- Lead counsel for a Hollywood film and television production studio in property tax litigation against the County of Los Angeles, the Los Angeles County Assessment Appeals Board, and the Los Angeles County Assessor culminating in a two-day trial before the Honorable David Sotelo of the Los Angeles Superior Court. (Decision Pending).
- Represented developer of luxury hotel in downtown Los Angeles against the County of Los Angeles in an over thirty-day administrative hearing before the Los Angeles Assessment Appeals Board involving a dispute over $300 million in property value. (Decision Pending).
- Represented international action-sports company in litigation against its major U.S. licensee involving breach of contract, intellectual property, and other claims resulting in settlement that included reinstatement of licensing agreement.
- Represented medical device company in TCPA fax-advertising class action resulting in complete settlement for a small fraction of Plaintiffs’ demand after successfully petitioning the Federal Communications Commission for retroactive waiver of TCPA liability.
- Represented chain of convenience stores in TCPA text-advertising class action resulting in settlement after obtaining dismissal on jurisdictional grounds.
- Represented national real estate appraisal and title services company in putative employment class action involving overtime, reimbursement, wage statement, and unfair business practices claims under the Fair Labor Standards Act, California Labor Code, and California Business and Professions Code.
- Represented the leading live show production company in Las Vegas in breach of contract litigation against co-producers resulting in settlement and reinstatement of venue residency.
- Prosecuted claims of Hollywood actress against former coach in the National Basketball Association in litigation involving claims of intentional trespass, conversion and intentional infliction of emotional distress that resulted in settlement.
- Represented converged networking company in antitrust litigation and successful defense against a hostile takeover. Assisted with a multi-pronged response that included a federal court action for making false and misleading statements to stockholders and a state court action for violations of California’s unfair competition law.
- Represented merchant power plant in property tax litigation against the State of California in the U.S. Bankruptcy Court for the District of Delaware before the Honorable Christopher Sontchi involving a de novo trial of claims previously denied by the California State Board of Equalization.
- Representing casino and resort co-founder and board member in defending and prosecuting claims against partners and corporate stakeholders involving breach of shareholders’ agreement and breach of fiduciary duty claims.
- Representing multi-platform media, action-sport, and beverage company in litigation against co-producer of feature-length ski and snowboard film involving breach of contract and conversion claims.
- Prosecuted patent invalidity action for financial technology and credit reporting company against licensor.
- Advised national educational materials producer in connection with trademark, copyright, and other intellectual property claims raised by designers and stock-image corporations regarding logo designs.
- Represented multinational energy company in ongoing actions to successfully defend against recognition and enforcement of a foreign judgment in Venezuela, Brazil, Colombia, and Argentina.
- Represented multinational energy company before numerous federal district courts in multiple actions to obtain discovery in aid of foreign proceedings pursuant to 28 U.S.C. § 1782 resulting in respondents producing key evidence that showed foreign litigation against the client was marred by corruption and fraud.
- Represented international fruit company in a wrongful death case brought by Colombian plaintiffs who alleged the defendant had provided support for the Colombian paramilitary. After years of litigation, Plaintiffs voluntarily dismissed their claims with prejudice on the eve of dispositive motions after the defense team uncovered evidence that plaintiffs’ counsel had attempted to bribe one of the witnesses in the case, as well as evidence of a broader pattern of improper interactions with other witnesses.
- Advised documentary filmmaker on a variety of legal matters, including resolution of breach of film distribution contract and obtaining parole for the subject of the documentary.
- Co-lead counsel in real estate fraud litigation that resulted in favorable settlement on eve of trial.
- Lead attorney in successful pro-bono asylum litigation before Immigration Court.
- Represented class of over 2,000 autistic children in East Los Angeles before Los Angeles Superior Court to secure reinstatement of funding for treatment programs.
- Represented refugee in successful appeal of asylum proceedings before Immigration Court and Board of Immigration Appeals.
- On November 9, 2020, Colin presented oral argument before the Second District of the California Court of Appeal in a case that raises an issue of first impression concerning the right to attorney’s fees where a taxpayer successfully overturns an administrative decision that violates statutory standards and fails to disclose its reasoning on all material issues.
- On June 5, 2020, Colin presented oral argument before the Court of Appeals for the Ninth Circuit in a trademark counterfeiting case that addresses a novel issue for the Ninth Circuit concerning the nature and scope of comparison to be applied when evaluating purportedly counterfeit trademarks.
Riconoscimenti e Premi
- Listed, Managing IP Magazine's World IP Handbook and Survey, “Notable Practitioner,” 2022-2023
- Listed, Acritas Stars™ Independently Rated Lawyers, “Star Lawyers,” 2019-2021
- Team Member, a U.S. News - Best Lawyers "Law Firm of the Year" in Trademark Law, 2020
- Team member, "Litigation Department of the Year" (former firm), The American Lawyer, 2010, 2012, 2015
- Member, American Bar Association
- Member, Orange County Bar Association
- Secretary/Treasurer, Entertainment, Sports, & Marketing Section
- Member, Editorial Advisory Committee
- Member, Association of Business Trial Lawyers
- Member, State Bar of California
Formazione
Formazione
- Laurea magistrale in Giurisprudenza, cum laude, University of Southern California Law School
- Diploma di maturità, with honors, Boston College
Abilitazioni
- California
- U.S. District Court for the Central District of California
- U.S. District Court for the Southern District of California
- U.S. Court of Appeals for the Ninth Circuit