Ken Kronstadt is a senior associate in the firm’s Los Angeles office. Ken is a member of the firm’s insurance recovery group, and represents policyholders in insurance coverage and bad faith disputes against insurance companies. Ken concentrates his practice in the areas of insurance coverage litigation and counseling in the construction and entertainment industries, and he has in-depth knowledge regarding insurance coverage for emerging cybersecurity and data privacy-related events.
His practice also focuses on entertainment, intellectual property, and class action defense. Ken has represented a number of entertainment companies and studios on a variety of claims, including copyright, trademark, contract, and profit participation, and has represented retailers and manufacturers in consumer class action lawsuits.
During law school, Ken was a judicial extern to the Honorable Robert L. Hess of the Los Angeles Superior Court.
Obtained multi-million dollar insurance recovery for one of the nation’s top commercial construction companies in a dispute under a builder’s risk policy regarding construction of municipal facility.
Successfully represented entertainment studio regarding defense under Commercial General Liability policy against claims involving bodily injury occurring on the set of an entertainment work.
Successfully represented one of the nation’s top commercial construction companies in securing defense from its Commercial General Liability carrier regarding construction of airport runway project.
Obtained multi-million dollar insurance recovery for one of the nation’s top commercial construction companies in a dispute under a builder’s risk policy regarding construction of major deepwater seaport.
Entertainment, Intellectual Property and Class Action
Diana Meynart-Hanzel, et al., v. Turner Broadcasting System, Inc., et al.
, 2018 WL 4467147 (2018)
Representing Turner Broadcasting System, Inc., CBS Broadcasting Inc., and writers Greg Garcia and Alix Jaffe, Kelley Drye obtained the dismissal of a $10 million copyright infringement lawsuit relating to the television comedy series The Guest Book
. The Plaintiffs alleged the series infringed several of their works, each entitled B&B If These Walls Could Talk
. The case was dismissed with prejudice at the pleading stage on the grounds that the Plaintiffs failed to state a plausible claim of access, as well as substantial similarity.
Jennifer Shaouli et al v. Saks Fifth Avenue, Inc.
, 2015 CV14-09590-AB
Achieved dismissal, with prejudice, of a consumer class action complaint against client Saks & Company. Successfully argued that the plaintiff had not suffered any damages as a result of Saks' actions and therefore did not have standing to pursue claims.
Part of a team that successfully represented a cooperative association of 450 family-owned dairies, maker of the best selling brand of butter in the Western U.S., in a class action filed in the Los Angeles Superior Court, alleging that the labeling of certain of their dairy products were false and misleading in violation of the California Unfair Competition statutes, as well as the Consumer Legal Remedies Act. Judge dismissed the case with prejudice on federal preemption grounds.
Colo’n v. Kelsey Grammer, et al.
, United States District Court for the Central District of California
Defended Kelsey Grammer and others in copyright infringement action concerning the television series The Game
, obtaining judgment dismissing the action at the pleading stage.
Allison Gibson and Bamm Entertainment Corp. v. Twentieth Century Fox Television, et al.
, Los Angeles Superior Court
Represented Twentieth Century Fox Television in contractual and profit participation dispute over the Reba
television series. Helped secured summary adjudication on primary claims (plus costs exceeding $50,000). Affirmed in full on appeal.
Regina Kimbell v. Home Box Office, Inc., Chris Rock, et al.
, United States District Court
Member of litigation team that represented HBO and Chris Rock in copyright infringement action concerning the documentary Good Hair
, successfully defending against application for temporary restraining order and motion for preliminary injunction.
Fox Searchlight Pictures v. Camelot Pictures, et al.
, Los Angeles Superior Court
Helped secure favorable settlement for Fox Searchlight Pictures in a financing dispute over the motion picture Margaret
Ken has acted as pro bono counsel for the Daniel Pearl Foundation, and he has assisted the Foundation with various contractual and intellectual property matters.
American Bar Association, Insurance Coverage Litigation Committee, Cyber Risk and Data Privacy Subcommittee, co-chair