Mr. Witkow is a Partner in the Firm's litigation department and actively practices law in both the firm’s California and Georgia offices. Mr. Witkow's practice focuses on general commercial litigation, including complex business litigation, intellectual property litigation, real estate litigation, entertainment litigation and sports law. In addition, Mr. Witkow is focused on expanding the firm's sports law practice, representing both professional athletes and agents in contract disputes, regulatory compliance, and grievance, arbitration and disciplinary proceedings before the various professional sports players associations. Mr. Witkow possesses substantial litigation experience with unfair business practices claims, copyright and trademark infringement matters, trade secrets, and employment and business contract disputes. Moreover, he has significant experience litigating matters in the area of software-related intellectual property disputes. He has performed these services for companies in such industries as commercial real estate; professional basketball, football, and baseball; satellite television; and software development. Mr. Witkow also has experience in the restructuring and workout of troubled real estate investments. Specifically, Mr. Witkow has broad experience in enforcing creditors' rights, including advising lenders on judicial and non-judicial foreclosure remedies under California law, prosecuting collection actions, and seeking prejudgment remedies and receiverships. He also has a wide array of bankruptcy litigation expertise, including plan confirmation battles and stay relief. Mr. Witkow is currently representing several financial institutions and private equity firms as creditors in workouts, receiverships, foreclosures and bankruptcies, and has experience representing debtors in similar proceedings. Prior to joining the firm, Mr. Witkow worked for a large Los Angeles-based law firm. While there, Mr. Witkow served as Counsel on the Rampart Independent Review Panel, which conducted an impartial analysis of the policies, culture, training, and disciplinary procedures of the Los Angeles Police Department in light of the Rampart corruption scandal.
Education
- J.D., Emory University Law School
- B.A., University of Nevada, Las Vegas
Bar Admissions
Admitted To Practice
- U.S. District Court for the Southern District of California
- U.S. Bankruptcy Court for the Central District of California
- U.S. Bankruptcy Court for the Eastern District of California
- U.S. Bankruptcy Court for the Southern District of California
- U.S. District Court for the Middle District of Georgia
- State Courts, Georgia
- Georgia Court of Appeals
- U.S. District Court for the Northern District of Georgia
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
Representative Experience
- Currently representing various banks, private equity firms and asset managers in the implementation of workout strategies and coordinating and managing litigation relating to over twenty (20) different distressed commercial properties throughout California.
- Currently representing a prominent insurance broker against multi-million dollar claims brought by various insurers relating to the placement of high-value life insurance policies.
- Obtained dismissal of claims asserted by professional basketball agent against former NBA player in Michigan state court and arbitration before the National Basketball Players Association (NBPA). Dismissal of state court litigation was upheld on appeal to the Michigan Court of Appeals and Michigan Supreme Court.
- Successfully represented prominent National Football League (NFL) contract advisor in multiple disciplinary appeals before the National Football League Players Association (NFLPA), Committee on Agent Regulation.
- Obtained dismissal of “bet the company” claims asserted against small California-based consumer products maker and its key employees for misappropriation of trade secrets, breach of fiduciary duty, conversion, and violation of the Computer Fraud and Abuse Act.
- Successfully represented multi-platinum recording artist in claims brought against his former record label for breach of contract and fraud. Case settled for client following full day mediation.
- Successfully represented well-known professional football agency in numerous commission disputes with former clients.
- Successfully represented well-known professional basketball agent in a commission dispute with former professional basketball client.
- Successfully defended prominent Atlanta radio personalities against claims for copyright infringement and defamation arising from their highly-rated morning show. Matter settled within three months of Complaint being filed and after motion to dismiss, with no monetary payment by clients.
- Successfully defended key officers of a Georgia-based radar imaging operator against claims for misappropriation of trade secrets by the former employer. On behalf of the clients, obtained several significant, precedential rulings from the United States District Court, Northern District of Georgia, regarding the appropriate scope of a plaintiff's trade secret designation prior to initiating trade secret discovery.
- Successfully represented multi-platinum recording artist's record label in proceedings before the Trademark Trial and Appeal Board relating to the registration of the label’s moniker.
- Represented Houston Rockets player in claims for breach of contract, breach of fiduciary duty and professional negligence against his former agent before the NBPA.
- Successfully represented well-known sports agent in commission dispute with former NBA coach client.
- Successfully defended Detroit Pistons star in arbitration proceedings brought by former agent before the NBPA. Matter settled on eve of arbitration for client.
- Successfully represented professional basketball franchise in lawsuit against former head coach for breach of contract and fraud. Case settled on eve of trial for client.
- Represented former NFL assistant coach in appeal of his termination under the NFL Conduct Policy.
- Represented professional baseball franchise in variety of matters, including arbitration with cable sports provider, dispute with the local municipality, and potential claims arising out of the purchase of the franchise from a media conglomerate.
- Successfully represented Georgia-based public biotechnology company in arbitration with their primary marketing and distribution partner. Case settled highly favorably for client two days into arbitration.
- Successfully defended small federal housing management company in complex trade secret and breach of contract matter brought by large, national competitor in Texas state court. Case settled with no payment on behalf of client or prohibitions against competition.
- Part of team that represented a cooperative of rural electric and telecommunications providers throughout the country in numerous federal lawsuits, including a class action, brought against prominent distributor of direct broadcast satellite television services for breach of agreements relating to distribution of premium satellite television services. Cases settled favorably for clients after nearly four years of complex litigation in various venues.
- Represented one of the country’s largest non-profit housing assistance providers in numerous lawsuits against the company’s former chief executive for misappropriation of trade secrets, breach of contract, trademark infringement, computer hacking, usurpation of corporate opportunities, fraud and business torts.
- Successfully represented prominent California real estate developer in lawsuit for breach of contract and fraud against former partners in related to a large residential development partnership. Case settled for client.
Publications & Presentations
Professional History
Community Leadership
- Jewish Federation of Greater Los Angeles
- Georgia Lawyers for the Arts
- Jewish Federation of Greater Atlanta
- Sports Lawyers Association
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