Richard B. Kendall is resident in the Los Angeles office of Irell & Manella LLP.  He is a partner in the firm’s litigation workgroup.

Mr. Kendall’s practice encompasses a wide range of litigation matters, with particular concentrations in intellectual property, entertainment, banking, and international matters.   He also pursues an active pro bono practice in environmental matters.  He is a co-author of a four-volume treatise on federal pretrial procedure, entitled R. Kendall, R. Seeborg, M. Shartsis, and F. Smith, Federal Pretrial Civil Procedure in California (LexisNexis, 2004). Mr. Kendall has been honored by the Century City Bar Association as its “Litigator of the Year,” and has been recognized as a leading media & entertainment/litigation lawyer by Chambers & Partners in its Chambers USA Leading Lawyers for Business Guide. In addition, Mr. Kendall has been selected for inclusion in The Best Lawyers in America for 2007-2009 in commercial litigation as well as entertainment law.  He was also named to the Southern California "Super Lawyers" list by Los Angeles Magazine in 2006, 2007 and 2008.

Mr. Kendall has served as lead trial counsel in more than 30 trials and as lead appellate counsel in major cases before the United States Supreme Court, the United States Court of Appeals, the California Supreme Court, the Delaware Supreme Court, and the California Court of Appeals. 

Over the years, Mr. Kendall has frequently represented major companies in both the entertainment and banking industries.  He has litigated on behalf of the Paramount, Columbia Tri-Star, and Universal film studios, and also for several television networks, including MTV, VH1, CBS, UPN, Showtime, and Nickelodeon.  In radio, he has represented the Infinity Radio Group, and in outdoor advertising he represents Infinity Outdoor and Clear Channel.  In banking litigation, Mr. Kendall’s clients have included Citigroup, JPMorgan Chase, and Credit Suisse First Boston.

Mr. Kendall has also represented clients in numerous international disputes, including the Philippine government in Republic of the Philippines v. Marcos, the Bank of China, and the China National Coal Development Corporation.   Mr. Kendall also represented the Brunei Investment Authority and related entities in cross-border litigations stemming from Prince Jefri’s management of Amedeo Group.

Mr. Kendall has taught both evidence and international litigation and arbitration as an adjunct professor of law at the University of Southern California.  He has served as a member of numerous bar association committees and advisory groups, including as the state bar-appointed member of the Board of Directors of the Western Center on Law and Poverty from 1989 through 1997, and on the board of directors of the Los Angeles Legal Aid Foundation from 2001 through 2007.

From 1980 through 1985, Mr. Kendall was an Assistant United States Attorney in Los Angeles, where he served as Assistant Chief of the Criminal Division during 1983 through 1985.  In December 1984, he received the John Marshall Award for Trial of Litigation, the highest award in the Justice Department for trial work, for “ingenuity in developing new forensic techniques, and outstanding trial skills.”  From 1986 through 1988, Mr. Kendall was a partner with Munger Tolles & Olson, and from 1988 through May 1997, he was a partner of Shearman & Sterling, where he headed the litigation group in Los Angeles.  He joined Irell & Manella LLP as a partner in May 1997. 

Representative Matters

A selected listing of noteworthy publicly-reported client matters follows:

Entertainment/Intellectual Property Litigation

Viacom Outdoor, Inc. v. Strategic Technologies International, Inc., et al. (“STI”)  Trial and appellate counsel for Viacom Outdoor in litigation focusing on unsuccessful joint venture which sought billboard-advertising rights on MTA property.  Obtained trial verdict awarding Viacom substantial compensatory and punitive damages, and a finding of no liability on STI’s $80,000,000 counterclaim.

USA Cable v. World Wrestling Federation, Viacom, and CBS, Delaware Court of Chancery and Delaware Supreme Court:  Trial and appellate counsel for Viacom and CBS in litigation centering on USA Network’s attempt to block Viacom’s strategic alliance with the WWF, including licensing exhibition of popular WWF wrestling television programming.  Case turned on effect of “right of first refusal” provision.

Streisand v. Californiacoastline.org et al., Los Angeles Superior Court:  Defended Kenneth Adelman and environmental website against claims of Barbra Streisand that photograph of her personal residence infringed her privacy rights and misappropriated her publicity rights.  Defeated preliminary injunction, won an anti-SLAPP  motion, and secured an award of attorneys fees.

Clear Channel v. City of Los Angeles, Los Angeles Superior Court:  Representation of Clear Channel and Viacom Outdoor in ongoing constitutional litigation in the federal and state courts challenging a fee and inspection program that the City of Los Angeles has attempted to impose on “off-site signs” but not on “on-site signs.”

Galaxy (Australis) v. Paramount, Universal, and Sony, Los Angeles Superior Court, New York Bankruptcy Court, New York Supreme Court, Australian Trial and Bankruptcy Courts:  Successful representation of three film studios in cross-border litigation arising from restructuring of Australian pay-TV industry.

Paramount v. Movie TV, Central District of California, Bankruptcy Court of Japan:  Successful representation of Paramount International Television division in litigation relating to failed Japanese distributor of television programs.

Burt v. Viacom, Inc., Time Warner, et al., United States District Court, Central District of California and Ninth Circuit Court of Appeal:  Successful representation of Viacom and Time Warner in defense of idea-submission claim brought in connection with situation comedy entitled, “Sister, Sister.”

Banking Litigation

Smiley v. Citibank (South Dakota) N.A., United States Supreme Court; California Supreme Court; California Court of Appeal, Los Angeles Superior Court:  Counsel for Citibank in successful defense of class action challenging credit card late fees; prevailed on federal preemption grounds in trial and appellate courts; argued in United States Supreme Court in April 1996.

Interplay Incorporated v. Citicorp Real Estate, Superior Court of Los Angeles: Counsel for Citicorp Real Estate, Inc., in defense of developer’s claim that Citicorp misappropriated development concept for property after declining to sell building to developer.  Motion for summary judgment pending.

In Re Student Loan Cases, Central District of California:  Counsel for Citibank in an action against Bank of America arising from massive servicing failures, with damages exceeding $564 million, in California Student Loan Program.  The matter was successfully resolved.

Fernandez v. Citibank, Los Angeles Superior Court, California Court of Appeal: Appellate counsel for Citibank in successful effort to obtain reversal of substantial damages judgment in negligence action brought by credit card customer.

International Litigation and Arbitration

Brunei Litigation, United States District Courts for Central District of California and Nevada, and Los Angeles Superior Court: Represent Brunei Investment Authority and related entities in cross-border litigations stemming from Prince Jefri’s management of Amedeo Group.

Bank of China v. Sun Ming, Central District of California, Hong Kong, Switzerland,  and Australia:  Counsel for Bank of China in multijurisdictional civil prosecutions whereby client recovered more than $44 million taken by Chinese citizen in international fraud scheme.

Sonatrach v. Aerojet, et al., Southern District of California:  Counsel for Sonatrach, the Energy Ministry of Algeria, in breach-of-contract action to recover $44 million in contract fees relating to hydrochemical plant constructed in Algeria.

Occidental Petroleum v. China National Coal Development Corp., ICCC Arbitration:  Counsel for China National Coal Development Corp. in dispute centering on dissolution of coal-mining joint venture in northeastern China.

Republic of the Philippines v. Marcos, Central District of California, District of Hawaii, and France:  Counsel for Republic of the Philippines in worldwide actions to recover Marcos assets  (1986–88).

Securities Litigation

Capital Bank of California, et al. v. Morgan Stanley & Co., Incorporated, Central District of California:  Counsel for Morgan Stanley in securities litigation.  One matter successfully resolved; prevailed at trial in the other matter.

Columbia Savings and Loan Association v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Superior Court of Los Angeles:  Counsel for Merrill Lynch, Pierce, Fenner & Smith, Inc., in securities litigation.

Heckmann v. Ahmanson, Superior Court of Los Angeles:  Counsel for Morgan Stanley and Co., Inc., in trial of Disney “greenmail” securities class action, which was successfully resolved during trial.

Environmental/Litigation

Natural Resources Defense Counsel, et al. v. U.S. Navy, et al., Central District of California; Ninth Circuit Court of Appeal: Pro Bono counsel for NRDC in two separate litigations successfully challenging U.S. Navy failure to complpy with environmental laws in use of mid-frequency sonar.

Natural Resources Defense Counsel, et al. v. U.S. Navy, et al., Central District of California:  Pro bono counsel for Natural Resources Defense Counsel and other environmental organizations in successful effort to obtain an injunction blocking the Navy’s planned detonation of explosives near the Channel Islands Marine Sanctuary.

Bar & Court Admissions

• 1979, California