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COUNSEL CONCERNSDC Comics Denied Sanctions in Superman Copyright Dispute
The U.S. District Court for the Central District of California, although 'deeply troubled' by his behavior, refused to sanction prominent entertainment attorney Marc Toberoff for alleged discovery violations during his lengthy court battle over the rights to Superman. DC Comics v. Pacific Pictures Corp., 2:10-cv-03633. Toberoff, of Toberoff & Associates in Malibu, CA, represents the heirs to one of the co-creators of Superman. They sued DC Comics, a subsidiary of Warner Bros. Entertainment Inc., to terminate the studio's rights to the comic book hero's copyright.'
DC Comics later sued the heirs and Toberoff, alleging that he illegally sought to repudiate a 2001 agreement with the studio so that he could become a business partner with his clients in a new deal over the Superman rights. As part of the later suit, DC Comics attorney Daniel Petrocelli, a partner at Los Angeles-based O'Melveny & Myers, sought terminating sanctions against Toberoff after he failed to reveal several letters in his privilege logs. Petrocelli also sought an evidentiary hearing and, if needed, a special master.
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