David Fleischer Scores Again for Marvel Entertainment

04/16/2010

From the April 15 edition of the American Lawyer Litigation Daily:

NEW YORK - A mere 10 days ago, we wrote about Marvel Entertainment outside counsel David Fleischer of Haynes and Boone, LLP fending off a $2 billion derivative suit involving an erstwhile partner of legendary Marvel artist Stan Lee. On Wednesday, Fleischer and co-counsel James Quinn of Weil, Gotshal & Manges scored again for Marvel, this time in a case against the children of another famed Marvel artist, Jack Kirby.

As we've previously reported, Marvel and Kirby's four children are in a heated dispute over ownership of the superhero characters Kirby drew for Marvel, including Iron Man, the Fantastic Four, and the Incredible Hulk. In 2009, as Marvel was being acquired by Walt Disney, the Kirby children sent termination notices to Marvel, claiming the comics company did not have the right to transfer copyrights to Kirby's work. Marvel then sued in federal district court in Manhattan, seeking a declaration that it owns the characters, whom it says Kirby created as "work for hire" for Marvel.

The Kirby children, represented by Marc Toberoff, moved to dismiss the Marvel suit -- and, on the same day, filed a mirror case in Los Angeles federal district court, claiming Kirby owns rights to his work.

This article excerpted from the AmLaw Litigation Daily. For full text, click here. (Subscription required.)

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