Bardacke Allison MIller
LITIGATION MEDIATION INTELLECTUAL PROPERTY
Effective advocacy in the courtroom is the reason we exist. Our lawyers have tried nearly thirty jury trials and have represented clients in the US Supreme Court. One of our founders has conducted mediations nationwide; the other handles litigation around the country as well as entertainment transactions with major motion picture and television studios. We represent museums and literary estates throughout the world in licensing and litigation.
BARDACKE ALLISON MILLER WINS COPYRIGHT AND VARA CASE
The Firm successfully represented one of America’s fastest-growing immersive art companies in a copyright and Visual Artists Rights Act (VARA) case, breaking new ground in interpreting VARA’s public presentation exception and in persuading a federal court to invalidate a copyright registration after a formal opinion from the Register of Copyrights. The Firm won summary judgment dismissing twelve claims and proved the plaintiff had intentionally destroyed evidence, ending the four-year case before trial.
BARDACKE ALLISON MILLER ADVISES JUDY CHICAGO ON RECENT PROJECTS
London’s Serpentine Galleries hosted a major retrospective of the work of Judy Chicago in 2024, following a retrospective of Ms. Chicago’s work at the New Museum in New York City in 2023. Also in 2024, the artist’s visionary illuminated manuscript Revelations was published. Written in the 1970s, it provides the underlying vision of equality that has shaped Ms. Chicago’s 60-year career.
THE FIRM WINS COMMERCIAL JURY TRIAL
The Firm prevailed in a two-week jury trial in January 2024 against Sunflower Bank. The jury rendered a multimillion-dollar verdict for breach of contract, violation of the Unfair Practices Act, intentional infliction of emotional distress, and punitive damages, among other claims. Ben Allison, Justin Miller and Billy Trabaudo represented Scott Rosenberg and Rodeo Electrical Services at trial.
Ben Allison won a
multimillion-dollar jury verdict
for the Albuquerque licensing firm led by Matt Rembe that built the international ALEXANDER GIRARD® brand. At trial Ben’s team won punitive damages against each defendant, which were collected after trial.
Bardacke Allison LLP represented
the Conan Doyle Estate Ltd
in its successful claim of copyright and trademark infringement against Miramax and the producers of the 2015 motion picture MR. HOLMES. The case ended with Miramax, Roadside Attractions LLC, and director William Condon thanking the Conan Doyle Estate for the use of certain material authored by Arthur Conan Doyle. The Firm also successfully resolved an infringement case against Penguin Random House and the author of the novel on which the film was based.
Bardacke Allison Team wins Jury Trial
Ben Allison and Justin Miller won a jury trial in November and December 2016 against a financial institution that took a widow's life savings to pay a debt she had not guaranteed and was never told about. The financial institution claimed the right of setoff allowed it to take the money, which was in a joint account naming both the owner and her daughter, who was indebted to the financial institution. A jury determined the financial institution committed conversion, breach of contract, intentional infliction of emotional distress, and willful violation of the New Mexico Unfair Practices Act, among other wrongs. The jury also awarded punitive damages in favor of the Firm’s client.