Maryann R. Marzano is a Martindale-Hubbell rated AV® Preeminent™ 5.0 out of 5 attorney, with over 41 years of litigation experience representing both plaintiffs and defendants in complex and high-risk cases. She is known for her tenacious representation of clients, the high quality of her written work and advocacy skills as noted by clients and jurists alike, and her willingness always to give a 150% effort.

Ms. Marzano has been consistently named a Super Lawyer and received the prestigious California Lawyer Attorneys of the Year award (“CLAY” award) in 2017 from The Daily Journal for her work with co-lead counsel in representing Flo & Eddie (founding members of the legendary band, The Turtles), along with a class of owners of pre-1972 sound recordings for copyright infringement by Sirius XM. She also been selected as one of the Top 50 Women Lawyers in Southern California and ranked as one of the Top Women Lawyers in Intellectual Property Litigation and Top Attorneys in Southern California.

Ms. Marzano handles all aspects of complex business, commercial, entertainment and real estate disputes, with an emphasis in copyright, antitrust, unfair competition, securities, shareholder, breach of fiduciary duty, professional liability, breach of contract, corporate dissolution, fraud and embezzlement claims.

She has litigated numerous complex matters in federal, state and foreign jurisdictions, as well as class action lawsuits involving copyright, securities and other business-related claims.  She has represented clients in many significant complex business and entertainment matters, which have involved breach of contract, unfair competition, copyright infringement, intellectual property, and music royalty claims.  Her experience in the entertainment and media sector is considerable and includes matters on both the plaintiffs and defense side, spanning the music, film and television industries.

Her experience in class action litigation has been both on the plaintiffs and defense side as well, involving a wide variety of industries and claims. On the plaintiffs’ side, in cases involving musical artists, she was appointed as class counsel to represent Flo & Eddie/The Turtles and other class members against Sirius XM in a multi-district federal class action case in California, New York and Florida seeking damages for the misappropriation and unlawful exploitation of pre-1972 sound recordings. She achieved a $25 million settlement for those recording artists.

She was also appointed class counsel and successfully negotiated a settlement with a $43.5 million cash value and more than $112.55 million in total financial value for class member recording artists in a federal class action copyright infringement case against Spotify in the Second Circuit, involving claims that Spotify made music available online without securing mechanical rights from the tracks’ composers.

On the plaintiffs’ side as class counsel, she achieved a multi-million settlement for retired NFL players in a federal class action legal malpractice case against the NFLPA involving the commercial exploitation of players in electronic sports games.

She successfully represented international victims of Pan Am Flight 73 Libyan terrorist attack in litigation and arbitration, involving contractual claims, claims for breach of fiduciary duty and legal malpractice, and for declaratory relief and contractual interpretation involving complex issues of international law and espousal; the case was settled confidentially. The case was filed as a class action, and proceeded to classwide arbitration, with an ultimate mediation and resolution.

Over her lengthy career, she represented clients at all phases of litigation, through trial and appeal. Ms. Marzano has successfully handled administrative actions, arbitrations and mediations on behalf of both plaintiffs and defendants in State and Federal courts, including appellate, bankruptcy and probate courts, and before a wide variety of governmental tribunals. She has also supervised international litigation and investigations, and managed complex litigation matters in the United States, Canada, Europe, the Caribbean and South Pacific.

She has served as class counsel in a number of cases, and been appointed as a Special Prosecutor by the Chief District Judge for the District of Nevada to prosecute contempt proceedings in an international banking and securities fraud case, and as special counsel for SEC and California Department of Corporations Receivers.

Ms. Marzano has handled numerous complex business litigation matters on a global basis, as well as foreign and domestic aviation litigation and licensing matters.

Ms. Marzano has prosecuted and defended a wide range of professional liability claims (including attorneys, accountants, stockbrokers, real estate brokers, officers and directors), as well as catastrophic wrongful death and tort claims; product and premises liability; and construction defect claims. Her broad insurance practice includes coverage evaluation and bad faith litigation. She has also served as coordinating counsel and conducted internal audits for insurance companies, law firms and corporate clients. Her representation in defense matters draws from both direct retention and insurers in U.S. and London markets.

Ms. Marzano represents clients at all phases of litigation, through trial and appeal. She has also successfully handled administrative actions, arbitrations and mediations on behalf of both plaintiffs and defendants in all State and Federal courts, including bankruptcy and probate courts, and before a wide variety of governmental tribunals. She has also successfully represented clients in matters before the SEC, IRS, FTC, USDA, FAA and NASD/FINRA in both civil and criminal matters. She has supervised international litigation and investigations, and managed complex litigation matters in the United States, Canada, Europe, the Caribbean and South Pacific.

Representative clients have ranged from Fortune 500 companies and executives to small businesses, charitable organizations, banks and high net‑worth individuals. She has counseled them in a wide variety of litigation and administrative proceedings as well as in general business contexts.

REPRESENTATIVE MATTERS

  • Melissa Ferrick, et al. v. Spotify USA Inc, et al: Ms. Marzano, along with co-lead class counsel, litigated a copyright infringement class action in the Second Circuit, brought on behalf of named plaintiffs Melissa Ferrick, Jaco Pastorius, Inc. and Gerencia 360 Publishing, Inc. against Spotify USA Inc., resulting in a settlement with a $43.5 million cash value and more than $112.55 million in total financial value for class members.

 

  • Flo & Eddie v. Sirius XM and Flo & Eddie: Ms. Marzano, together with co-lead class counsel  represented Flo & Eddie/The Turtles and other class members in class action cases against Sirius XM and Pandora in federal court in California, New York and Florida seeking damages for the misappropriation and unlawful exploitation of pre-1972 sound recordings. She successfully negotiated a $25 million settlement in that case. A companion case against Pandora is ongoing.

 

  • Sylvester Stewart (aka “Sly Stone”) v. Gerald Goldstein, et al.: Ms. Marzano has represented the entities co-owned by Sly Stone and his former manager Jerry Goldstein in multiple state court and bankruptcy litigation involving breach of contract and other claims concerning the ownership of music royalties in connection with “Sly Stone” and Gerald Goldstein, and their related entities, which cases have now resulted in Court-approved settlements.

 

  • Quincy Jones v. MJJ Productions Inc. and Sony Music Entertainment: Litigation on behalf of iconic music producer Quincy Jones against Michael Jackson’s production company, MJJ Productions Inc., and Sony for breach of contract and royalties in connection with recordings he produced on the Thriller and Bad albums, resulting in a 9.5 million jury verdict, subsequently appealed and settled.

OTHER NOTABLE MATTERS

  • Litigation against CBS for back-end profits from the hit television series Hawaii Five-0.
  • Litigation against CBS involving claims for copyright infringement of an iconic musical theme.
  • Litigation on behalf of acclaimed singer/song-writer Aimee Mann against MediaNet for copyright infringement of her musical compositions by MediaNet’s music service through limited downloads, and interactive and non-interactive streams.
  • Litigation on behalf of writers of G.I. Joe: The Rise of Cobra for copyright infringement claims against Paramount Pictures on behalf of the writers of G.I. Joe: The Rise of Cobra for misappropriation in connection with the $350,000,000 grossing sequel G.I. Joe: Retaliation.
  • Litigation for reversion of copyrights to the songs of rock legend Marc Bolan of T. Rex on behalf of his son, Rolan Bolan.
  • Litigation on behalf of David Hyman against Beats LLC.
  • Litigation involving breach of contract and other claims in connection with a music film documentary.
  • Defending against claims for fraud, breach of contract, tortious interference, unfair competition and deceptive trade practices by jewelry maker Alex and Ani in the United States District Court for the District of Rhode Island.
  • Obtained a $102 million judgment in federal court on behalf of Pink sheet-traded Veltex Corporation on behalf of the newly constituted non-fraudulent Board of Directors and officer group on claims for fraud, breaches of fiduciary duty and malpractice in securities “pump and dump” scheme.
  • Achieved a multi-million settlement for retired NFL players in a federal class action legal malpractice case against the NFLPA involving the commercial exploitation of players in electronic sports games.
  • Represented international victims of Pan Am Flight 73 Libyan terrorist attack in litigation and arbitration, involving contractual claims, claims for breach of fiduciary duty and legal malpractice, and for declaratory relief and contractual interpretation involving complex issues of international law and espousal; the case was settled confidentially. The case was initially filed as a class action and was resolved following classwide arbitration and mediation.
  • Defended and successfully settled a federal class action on behalf of Rothstein Kass, an international CPA firm (merged with KPMG), in a case alleging audit mismanagement of hedge funds and fund-of-funds in Bernie Madoff and Thomas Petters schemes.
  • Representation of the former CEO of the Fatburger national fast food chain in an action for breach of fiduciary duty and contract, wrongful termination, and for minority shareholder and shareholder dilution claims; the case was settled confidentially.
  • Successfully represented Applied LNG Technologies USA, LLC, a leading marketer, producer and distributer of liquid natural gas in a federal court breach of contract action against Clean Energy Fuels Corp.; case settled confidentially after favorable court rulings on pretrial motions.
  • Prosecuted and successfully settled a professional malpractice action against former legal counsel on behalf of a well-known California them park.
  • Obtained a favorable arbitration award and judgment in favor of law firm partner in connection with a law firm dissolution.
  • Represented ergonomic corporate keyboard patent owners in professional malpractice action against former legal counsel.
  • Defended a CPA firm against claims of U.S. Bankruptcy Trustee for accounting malpractice resulting in settlement.
  • Pursued claims on behalf of plaintiffs in a class action against AT&T for exploiting its customers by overcharging for non-published and non-listed telephone services.
  • Represented stockholders in direct action against major Korean bank for fraud and breach of fiduciary duty claims.
  • Involved in represented major toy manufacturer MGA Entertainment, Inc. against Mattel, and in connection with claims for monopoly of the fashion doll market.
  • Appointed as a Special Prosecutor by the Chief District Judge for the District of Nevada to prosecute contempt proceedings in an international banking and securities fraud case.
  • Represented an SEC‑appointed Receiver in one of the most successful SEC Receiverships and achieved a multi‑million-dollar recovery for victims in an offshore banking fraud and arbitrage trading scheme, involving a host of litigation, business and tax matters in the U.S. and globally.
  • Obtained summary judgment in favor of a Las Vegas resort rejecting a multi-million-dollar monopolization claim in a federal antitrust action brought under the Sherman Act, which was upheld on appeal before the Ninth Circuit.
  • Favorably resolved numerous trademark and copyright actions involving ownership rights and wrongful use and infringement claims, obtained preliminary and permanent injunctive relief for both plaintiffs and defendants, and successfully defended against the issuance of injunctive relief.
  • Obtained injunctive relief, the appointment of a receiver and a multi‑million-dollar award, including punitive damages, following a three month, three panel member arbitration arising out of a partnership dissolution, and real estate and fraud action.
  • Successfully prosecuted civil embezzlement, fraud, identity theft and forgery claims on behalf of a textile manufacturing firm, recovered significant assets and restitution, and assisted the U.S. Attorney's Office in the resulting criminal prosecution and conviction.
  • Defended and favorably resolved audit and investor claims involving major CPA firms.
  • Obtained dismissals in a state court complex litigation matter involving alleged violations of the Cartright Act and California Business & Professions Code Section 17200 claims involving mobile home parks and owners.
  • Obtained injunctive relief in favor of a shareholder in a federal securities fraud action and prevailed in prosecuting civil contempt charges against a defendant in that case resulting in the imposition of monetary sanctions and incarceration.
  • Favorably negotiated on behalf of the United Steelworkers before the NLRB.
  • Defended corporate executives in MDL litigation arising out of alleged price‑fixing claims.
  • Achieved favorable resolutions for production companies, musical recording artists and songwriters in matters involving record companies, partners, managers and agents.
  • Obtained summary judgment in a wrongful death helicopter accident, upheld on appeal.
  • Successfully defended and/or settled numerous catastrophic mid‑air collisions, wrongful death, product liability and aviation ground claims.
  • Successfully resolved numerous bad faith actions.

APPELLATE EXPERIENCE

Extensive appellate experience includes the successful briefing and argument of appeals before the Ninth Second and Eleventh Circuit Court of Appeals, California Court of Appeals and California Supreme Court, resulting in numerous reported and unreported decisions. Several of those noteworthy decisions certified for publication include:

  • United States v. Sears, Roebuck & Co., 719 F.2d 1386 (9th Cir. 1983)
  • SEC v. Elmas Trading Corp., 620 F. Supp. 231 (D. Nev. 1985)
  • SEC v. Elmas Trading Corp., 625 F. Supp. 890 (D. Nev. 1986)
  • SEC v. Elmas Trading Corp., 683 F. Supp. 743 (D. Nev. 1987)
  • SEC v. Elmas Trading Corp., 824 F.2d 732 (9th Cir. 1987)
  • SEC v. Elmas Trading Corp., 85 B.R. (D. Nev. 1987)
  • Harris v. Billings, 16 Cal. App. 4th 1396 (1993)
  • Goodstone v. Southwest Airlines, Co., 63 Cal. App. 4th 406 (1998
  • Eichenbaum v. Alon, 106 Cal. App. 4th 967 (2003)
  • SC Manufactured Homes v. Canyon View Estates, Inc., 148 Cal. App. 4th 663 (2007)
  • Stichting Pensioenfonds ABP v. Countrywide Fin. Corp.,447 B.R. 302 (C.D. Cal. 2010)
  • Stichting Pensioenfonds ABP v. Countrywide Fin. Corp.,802 F. Supp.2d 1125 (C.D. Cal. 2011)
  • Willard v. AT&T Communications of Cal., Inc., 204 Cal.App.4th 53 (2012)
  • Flo & Eddie v. Sirius XM: multiple state and federal appellate decisions, including 9 F. 4th 1167 (2021); 827 F.3d 1016 (11th Cir. 2016); 849 F.3d 14 (2d Cir. 2017)
  • Flo & Eddie v. Pandora: current Ninth Circuit appeal pending

EDUCATION

  • J.D., Pepperdine University School of Law (1980)
  • Clinical Law Reporter, Profiles Editor
  • B.A., Rutgers College, Rutgers University (1977)

OTHER

State of California Department of Real Estate, Licensed Real Estate Salesperson

BAR ADMISSIONS

  • 1980 State Bar of California (sworn in 1981)
  • 1981 U.S. District Court for the Northern and Central Districts of California
  • 1982 United States Court of Appeals, Ninth Circuit
  • 1991 U.S. District Court for the Eastern District of California
  • 1993 United States Court of Appeals, Eleventh Circuit
  • 1995 United States Supreme Court
  • 1996 U.S. District Court for the Southern District of California
  • Pro Hac Vice Admissions in the Districts of Arizona, Illinois, Nevada and Rhode Island, and in the Southern District of New York and Florida

PROFESSIONAL AFFILIATIONS

  • State Bar of California
  • American Bar Association
  • Federal Bar Association
  • Los Angeles County Bar Association
  • Beverly Hills Bar Association
  • Association of Business Trial Lawyers (ABTL)
  • International Aviation Women’s Association
  • Aviation Insurance Association
  • Italian American Lawyers Association
  • Panel member and presenter at the national ABA convention and AIA Conferences
  • Former Director, Woodcraft Rangers
Maryann R. Marzano, Esq.

mmarzano@cohenmusiclaw.com