Alex E. Spjute

alex-spjute

Alex E. Spjute

Counsel

Los Angeles | US Bank Tower, 633 West 5th Street, Suite 4900, Los Angeles, CA 90071-2013
+1 213 808 5736 | +1 213 808 5760

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Alex E. Spjute focuses his practice on complex commercial litigation, with a particular focus on trademark and copyright litigation, class-action defense, contract disputes, product liability, and personal injury matters. Mr. Spjute has considerable experience advising both corporate and private clients across a broad spectrum of industries including music, entertainment, fashion, healthcare, and technology. He has also played a key role in advocating for clients in labor and employment disputes relating to discrimination, misclassification, wrongful termination, and wage claims.

Mr. Spjute has co-authored papers on state and federal law for the California Bankruptcy Journal and the Los Angeles Association of Business Trial Lawyers report. Prior to joining Dechert, Mr. Spjute was counsel for a global law firm in Los Angeles.

Experience

Selected Employment and Class Action Matters

  • Rosenberg v. Renal Advantage Inc.: Renal Advantage in defense of California and federal wage and hour misclassification class claims based upon Renal Advantage's classification of certain employees as registered dieticians. The US Court of Appeals for the 9th Circuit affirmed a lower court’s dismissal of the suit.
  • Moreyra v. Fresenius Medical Care Holdings Inc. et al.: Fresenius in defense of wage and hour and rounding class-action claims against Fresenius' employee time-keeping practices at its California dialysis clinics.
  • Smith v. Lorillard Tobacco: Lorillard Tobacco in defense against claims of retaliation, discrimination and hostile work environment by a former employee.
  • Thompson v. Vitamin Shoppe: Vitamin Shoppe in defense of wage and hour class-action and representative Private Attorney General Act claims alleging unfair employment practices.
  • Gonzales v. Fresenius: Fresenius in defense of wage and hour and rounding class-action claims against Fresenius' employee time-keeping practices at its California vascular clinics.
  • DiSimone v. DS Waters of America Inc.: DS Waters in defense of a consumer fraud class action alleging deceptive advertising practices.
  • Frausto v. Sparkletts Waters of North America LP et al.: DS Waters in defense of a consumer class-action alleging claims of unfair competition and false advertising, and violations of California Consumer Legal Remedies Act.
  • Press v. DS Waters of America Inc.: DS Waters in defense of class-action claims for the alleged violation of California's Wiretap Act.
  • Almont Ambulatory v. United HealthCare: A water service company health and welfare plan named as an additional defendant to a class action.
  • Hirsch v. Jackoway: The Jackoway Tyerman entertainment law firm in a dispute alleging breach of fiduciary duty and a breach of contract with respect to employment agreements and percentage fee agreements.
  • Dolbee v. InterMedia: InterMedia in a breach of contract and wrongful termination claim. Case was successfully stayed and transferred to Illinois after filing a forum non conveniens motion.
  • Torres v. Cenveo: An employer in a failure-to-hire case and alleged wrongful discrimination in California.
  • Reviewed and updated employer meal and rest break policies and employee handbooks in conformance with California labor laws.

Selected Trademark and Copyright Matters

  • Cummings v. Soul Train: Manufacturers and distributors of DVD compilations of television programming against copyright and trademark lawsuit in New York federal court brought by a background performer that appeared in certain portions of television programs included in DVD compilations. The case was resolved after the court granted the defendants' motion to dismiss all claims with prejudice.
  • Wrenn v. Boy Scouts of America: Boy Scouts of America in defense of trademarks under its Congressional Charter from a would-be infringer. The case was resolved after summary judgment was granted in Boy Scouts' favor.
  • Veris Management v. Jules Alexander: A photographer in enforcement of copyright protections and breach of contract by a winery for misuse of protected iconic photographs.
  • LeSportsac v. Chenson Industrial Co.: LeSportsac in the enforcement of trademark, copyright and trade dress properties associated with handbags.
  • Mavrix v. InterMedia Vibe Holdings: An online entertainment magazine in defense against copyright infringement claims by a photographer.
  • Witt v. Worldwide Pants: A production company in defense of claims made by a foreign party of various copyright and other claims related to the production of several late-night television talk shows.
  • National League for Nursing v. Procel International Corp.: National League for Nursing in the enforcement of copyright and trademark protection associated with its standardized competency tests.
  • Applied Business Software Inc. v. Allied Mortgage & Financial Corp.: A mortgage finance company against allegations of breach of software license agreement.
  • Bow Tie Inc. v. Modern Luxury Media LLC: Modern Luxury Media in its use of the trademark "Hawa'ii" for a lifestyle magazine and successfully rebuffed a preliminary injunction motion.
  • A television production company in a breach of contract dispute over collection of foreign royalties for television programming.
  • Prepares various cease-and-desist letters for infringement of client copyright, trademark and trade dress properties.
  • Provides counsel to various clients on related potential copyright and trade dress claims.
  • Prepares various subpoenas for foreign clients related to identifying sources of disparaging publications made in foreign countries through online service providers located in the United States.

Selected General Litigation Matters

  • MGA Entertainment v. Deutsche Bank AG et al.: Societe Generale in defense of claims of fraud related to the sale of shares in a failed French toy company. Representation includes analysis of French safeguard proceeding and liquidation laws. Obtained stay on forum non conveniens grounds.
  • MSN 53520 Trust v. Helicopteros y Vehiculos Aereos Nacionales, SA CV: Aircraft lessor in a writ of possession action against a foreign lessor, where a leased helicopter engine was temporarily being serviced in California. Resolved with issuance of a writ of possession and the successful return of the helicopter engine to the lessor.
  • Dynamic Planet v. International Culinary Center: Culinary school in breach of contract and promissory-note dispute with prior lender and vendor.
  • Black Ridge Oil & Gas v. Peerless: Peerless in arbitration over a contractual dispute over marketing and profits related to online poker websites.
  • IndyMac Bank Depositor Cases: The Federal Deposit Insurance Corp. (FDIC) in its handling of depositor claims in over 50 actions arising out of the closure of IndyMac Bank.
  • Doyle v. Financial Freedom Senior Funding Corp. LLC: An FDIC entity improperly named and facilitate the dismissal of the same with prejudice by the plaintiff.
  • Firestone v. Ocean Atlantic Service Corp. et al.: Creditors and the representative of the estate of the debtor in adversary proceeding actions in pursuing breach of fiduciary duty claims, as well as breach of contract claims; favorable ruling obtained after a one-week bench trial.
  • IMT v. NMS: A real estate firm in a dispute over the exclusivity of an easement over real property owned by the client in California, taking the case through trial and the issuance of an award in the client's favor, including attorneys' fees.
  • Romero v. Jackoway: A law firm in defense against claims of malpractice by a former client.
  • Yamada v. Hexadyne: A Japanese client in arbitration over a breach of contract dispute with a domestic trading company related to the sale of defense products to the Japanese government.
  • Anderson v. Worldwide Classic Media: A law firm and attorney against claims of malpractice by a former client and against a third party for fraud.
  • Bunsow v. Davis: The defendant in removing claims of misrepresentation by a former partner in a bankrupt law firm to Bankruptcy Court for consolidation with the law firm's bankruptcy.
  • Hamilton v. Royal Bank of Canada: A lender in a dispute over breach of contract and intentional interference with economic advantage by the borrower.
  • Siegal v. Solidus Networks Inc.: The creditor successfully in lifting an automatic stay to proceed in an action to collect upon an available insurance policy.
  • Dell v. AT&T: AT&T in a binding arbitration regarding alleged breach of warranty under the Song-Beverly Act, resulting in an arbitration award in AT&T's favor after a one-day arbitration hearing.
  • Dell v. LG: LG against claims of breach of warranty under the Song-Beverly Act and Magnuson-Moss Act, resulting in summary judgment for LG on all claims.
  • Reilly v. Boy Scouts of America: A local Boy Scout troop in defense of a claim alleging that the troop is subject to—and in violation of—the Americans with Disabilities Act.
  • Marciano v. Fahs (Christie's, Inc.): A former Christie's Auction House employee in claims brought by former client Georges Marciano (co-founder of Guess clothing and apparel company), alleging theft of art and property. Case was successfully dismissed with prejudice.
  • LG Electronics MobileComm USA Cases: LG in defense of personal injury, product liability, and breach of warranty litigations and claims related to mobile telephones.
  • 3M Case: A respirator manufacturer against wrongful death and personal injury claims related to asbestos exposure, asbestosis and mesothelioma.
  • Power Systems Mfg. LLC v. City of Los Angeles Dep't of Water and Power: Power Systems Mfg. by filing a preliminary injunction to prevent the release of confidential commercial information.
  • Baxter Healthcare Corp. v. Tri-City Hospital District: Baxter in an action for breach of contract and common counts against a hospital.
  • Defended a foreign rocket and space company in a $300+ million breach of contract suit brought against them in United States federal court by a domestic aerospace company.
  • Coordinated the removal of multiple state court actions to federal court in wrongful death and personal injury actions related to the prescription of certain medications.
  • Coordinated national counsel in defending multiple personal injury actions against a youth services client related to alleged abusive actions of possible agents.

Includes matters prior to joining Dechert. 

Education
  • University of California, Davis, B.A., 2000, with Honors
  • University of Michigan Law School, J.D., 2003, magna cum laude, Order of the Coif, Michigan Law Review Associate & Contributing Editor
Admissions
  • California
  • United States District Court for the Central District of California
  • United States District Court for the Eastern District of California
  • United States District Court for the Northern District of California
  • United States District Court for the Southern District of California
  • United States Court of Appeals for the Ninth Circuit
Memberships
  • American Bar Association
  • California Bar Association, Sections on Litigation, Intellectual Property, and Labor and Employment
  • J. Reuben Clark Law Society, Los Angeles Chapter
  • Los Angeles County Bar Association