Alexander Graham-Sult and David Graham v. Nicholas P. Clainos, Richard L. Greene, Linda McCall, Greene Radovsky Maloney Share & Hennigh LLP, Bill Graham Archives LLC, d/b/a Wolfgang's Vault, Norton LLC and William E. Sagan
Published: Apr. 28, 2012 | Result Date: Mar. 30, 2012 | Filing Date: Jan. 1, 1900 |Case number: CV 10-4877 CW Bench Decision – Defense
Court
USDC Northern
Attorneys
Plaintiff
Therese Y. Cannata
(Cannata, O'Toole, Fickes & Olson LLP)
Michael M.L. Ching
(Ching & Yamamoto LLP)
Defendant
Jerome B. Falk Jr.
(Arnold & Porter Kaye Scholer LLP)
James M. Wagstaffe
(Adamski Moroski Madden Cumberland & Green LLP)
Michael S. Elkin
(Elkin Gamboa LLP)
Ivo M. Labar
(Kerr & Wagstaffe LLP)
Jonathan W. Hughes
(Arnold & Porter Kaye Scholer LLP)
Facts
Beginning in the 1960s and until his death on Oct. 25, 1991, rock impresario Bill Graham and the companies he built were leaders in the concert promotion industry, specializing in ownership and operation of music venues, national and international tour production, and talent management. Over the years, Graham and his companies established substantial archives of personal and commercial memorabilia.
In 2010, his sons, Alexander Graham-Sult and David Graham, filed suit against Nicholas Clainos, who was the executor of Bill Graham's estate, and the law firm that represented the executor.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that defendants breached fiduciary duties, and aided and abetted breach of fiduciary duties, by underreporting the value of their father's archives.
Result
The court dismissed the claims, and awarded defendants over $500,000 in attorney fees.
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