Dale Kinsella

Of Counsel

Practice Areas

Honors & Awards

Listed in U.S. News & World Report Best Lawyers since 1995
Listed in Chambers USA, the world’s leading guide to the legal profession
Listed in Southern California Super Lawyers Magazine since 2004
Named a “Power Lawyer” by Variety
Named in “Top 100 Entertainment Lawyers” by The Hollywood Reporter

Education

University of California at Santa Barbara, B.A. 1970
UCLA Law School (Editor in Chief, UCLA Law Review), J.D. 1974

Mr. Kinsella is a nationally known trial lawyer specializing in the areas of entertainment and intellectual property litigation. During his career, he has successfully tried numerous cases in state and federal courts, and in private arbitrations and administrative proceedings, involving a wide array of disputes, from copyright and trademark infringement matters to antitrust and securities litigation. Mr. Kinsella has represented large domestic and international corporations, major motion picture studios, record companies, law firms, and professional athletes and actors. He has successfully defended Hurt Locker director Kathryn Bigelow and writer Mark Boal; American Idol’s Simon Fuller; and the creators of the television show Smallville.

Mr. Kinsella has successfully represented motion picture studios, as well as recording companies including DreamWorks, Universal Studios and Legendary Films. Other clients have included numerous actors, actresses, writers, producers, directors and recording artists as well as domestic and international companies in complex licensing disputes involving copyright and trademark rights. Numerous artists as well as studios have requested Mr. Kinsella’s representation in “net profit” litigation involving prime time network television series and major motion pictures.

As a “lawyer’s lawyer,” Mr. Kinsella has represented numerous law firms and individual partners of firms in complex law firm dissolution proceedings, legal malpractice, and malicious prosecution actions in both state and federal courts.

The Hollywood Reporter perennially lists him as one of the “100 Power Lawyers;” he is listed in “The Best Lawyers in America” and Chambers; and he has been a Thomson Reuters “Southern California Super Lawyer” since 2004.

Kilroy Realty Corporation (NYSE) (Board of Directors, 1997 – Present)

Representative Matters

Recently obtained $179 million arbitration award, the second largest in history, representing the executive producer of the hit television series Bones in a lawsuit against 20th Century Fox Television, the Fox network and affiliated companies. The plaintiff alleged that 20th Century Fox Television cheated him out of his share of profits from the show, and that network executives threatened to cancel the series if he did not accept a lower licensing fee from Fox.
Representing the creator, writer, and executive producer of the worldwide hit television series The Walking Dead, and leading talent agency CAA, in a suit against the AMC television network. The plaintiffs allege that AMC produced the show and licensed it for broadcast to itself for license fees well below market rates, resulting in diminished profits for the show and its participants. The suit is currently pending in New York.
Represented the creators (Mike Tollin and Brian Robbins) and writers (Miles Millar and Al Gough) of the hit television series Smallville in a profit participation and vertical integration case against Warner Bros. Television. The creators alleged that Warner Bros. Television licensed Smallville to its sister networks The WB and The CW for “sweetheart” deals with unreasonably low license fees, in violation of Warner Bros. Television’s contractual duties to the plaintiffs. KWIKA defeated two motions for summary judgment brought by the defendants and obtained a favorable settlement for the plaintiffs.
Filed suit on behalf of American Idol creator Simon Fuller in his case against Fox Broadcasting Company and Fremantlemedia North America. In this suit, Mr. Fuller alleges that as part of the settlement of the 2004 UK litigation regarding the similarities between American Idol and X Factor, Mr. Fuller had been promised an executive producer credit and fee for the US version of the X Factor television show. This matter is still pending in Los Angeles Superior Court.
Defended Kathryn Bigelow and writer Mark Boal against the claims of Master Sgt. Jeffrey Sarver, an Iraq war veteran who alleged his rights of publicity were violated and he was defamed by the movie The Hurt Locker. Mr. Boal had been embedded with Sarver’s unit and wrote about him and other bomb disposal experts for an article, “The Man in the Bomb Suit.” The film was later adapted from this article, and Sarver claimed that it was based on him, presenting him in false light, resulting in ridicule from fellow service members. In October 2011, Judge Jacqueline Nguyen ruled that The Hurt Locker was a movie connected to an issue of public interest and that Sarver had not demonstrated a likelihood of prevailing. The suit was dismissed, with Sarver ordered to pay the attorney fees of all involved. This ruling ensured that the First Amendment rights of filmmakers are protected, reducing the effect that lawsuits such as this one would have on the creativity of the arts.
Filed a complaint and actively litigating an action on behalf of Jaycee Dugard against the federal government for failing to monitor convicted sex offender Phillip Garrido, who kidnapped and held Ms. Dugard captive for 18 years. Ms. Dugard’s recent New York Times bestselling book detailing the horrors of her kidnapping and 18 years in captivity frames the backdrop of this litigation. The complaint states that authorities were negligent and aware that Garrido was still dangerous, yet failed to revoke his parole and return him to prison. This filing follows the record $20 million settlement in 2010 negotiated by Mr. Kinsella on behalf of Ms. Dugard against the California Department of Corrections and Rehabilitation for alleged failure to adequately supervise Garrido during the 10 years he was under its parole supervision.
Represents Kate Hudson and Kurt Russell in a variety of matters.
Represented numerous individuals and companies in litigation against KPMG and other national accounting firms in connection with “tax shelter” abuses that have been the subject of Congressional investigations. Mr. Kinsella has recovered tens of millions of dollars for his clients in these matters.

Practice Areas

Honors & Awards

Listed in U.S. News & World Report Best Lawyers since 1995
Listed in Chambers USA, the world’s leading guide to the legal profession
Listed in Southern California Super Lawyers Magazine since 2004
Named a “Power Lawyer” by Variety
Named in “Top 100 Entertainment Lawyers” by The Hollywood Reporter

Education

University of California at Santa Barbara, B.A. 1970
UCLA Law School (Editor in Chief, UCLA Law Review), J.D. 1974

Dale Kinsella

Of Counsel

Practice Areas

Honors & Awards

Education

Please Share

Representative Matters

Practice Areas

Honors & Awards

Education

Related News

January 21, 2021

14 KWIKA Attorneys Named 2021 “Super Lawyers”

October 22, 2020

KWIKA Achieves Top Accolades in 2021 Benchmark Litigation Rankings

August 20, 2020

Eleven KWIKA Attorneys Named 2021 “Best Lawyers;” One Named to “Best Lawyers: Ones to Watch”

July 14, 2020

Five KWIKA Attorneys Named to Variety’s 2020 “Legal Impact Report”

April 29, 2020

Seiden v. Bernstein Named one of “California’s Top 100 Verdicts in 2019”

April 23, 2020

Prestigious Chambers USA 2020 Guide Recognizes KWIKA and Attorneys Kinsella, Weitzman, Iser, and Kump

April 15, 2020

AMC’s Motion for Summary Judgment Denied – “The Walking Dead” Trial to Start in November 2020

March 30, 2020

Dale Kinsella, Howard Weitzman and Michael Kump Included in The Hollywood Reporter’s “Power Lawyers” Issue

October 16, 2019

KWIKA Achieves Top Accolades in 2020 Benchmark Litigation California Rankings

August 19, 2019

Dale Kinsella, Larry Iser and Mike Kump Named “Top Litigators & Trial Lawyers” by the Los Angeles Business Journal

August 15, 2019

Nine KWIKA Attorneys Named 2020 “Best Lawyers”

April 25, 2019

Prestigious Chambers USA 2019 Guide Recognizes KWIKA and Attorneys Kinsella, Weitzman, Iser, and Kump

April 10, 2019

Seven KWIKA Attorneys Named to Variety’s 2019 “Legal Impact Report”

March 29, 2019

Four KWIKA Attorneys Named Among THR’s 2019 “Power Lawyers”

August 15, 2018

Seven KWIKA Attorneys Named 2019 “Best Lawyers”

May 7, 2018

KWIKA Attorneys Kinsella, Weitzman, Iser and Kump Recognized in Prestigious Chambers 2018 Guide

April 5, 2018

Three KWIKA Attorneys Named Among THR’s 2018 “Power Lawyers”

August 15, 2017

Seven KWIKA Attorneys Named 2018 “Best Lawyers”

June 9, 2017

KWIKA Attorneys Kinsella, Weitzman, Iser and Kump Recognized in Prestigious Chambers 2017 Guide

May 3, 2017

Kinsella, Weitzman, Kump Again Named to Prestigious 2017 Hollywood Reporter “Power Lawyers” List

August 16, 2016

Five KWIKA Attorneys Named 2017 ‘Best Lawyers’

June 8, 2016

KWIKA Attorneys Kinsella, Weitzman and Kump Recognized in Distinguished Chambers 2016 Guide

April 20, 2016

Dale, Howard and Mike named ‘Top 100 Power Lawyers’ for 2016

February 17, 2016

9th Circuit says ‘Hurt Locker’ protected by First Amendment

February 3, 2016

KWIKA lands three spots on Super Lawyers ‘Top’ lists

January 20, 2016

Twelve at KWIKA named Super Lawyers for 2016

December 9, 2015

Five at KWIKA named Super Lawyers in 2015 Business Edition

December 8, 2015

KWIKA sues 20th Century Fox on behalf of ‘Bones’ producer

November 18, 2015

Daily Journal names three from KWIKA ‘Top Entertainment Lawyers’

November 1, 2015

Daily Journal names KWIKA one of California’s top 25 boutique firms

August 19, 2015

Five KWIKA Attorneys Named 2016 ‘Best Lawyers’

May 19, 2015

Prestigious Chambers 2015 Guide Honors KWIKA and Attorneys Kinsella, Weitzman and Kump

April 29, 2015

Dale, Howard and Mike named ‘Top 100 Power Lawyers’ for 2015

February 23, 2015

KWIKA glows in Daily Journal feature

January 22, 2015