Biography
As a sitting judge, mediator, arbitrator, and discovery referee, Judge Diane Wayne has extensive experience with a wide range of entertainment issues, including profit participation, royalty, copyright, use of name or likeness, breach of contract, prior restraint, unfair competition, and trademark infringement within the motion picture, television, and music industries.
Representative Matters
- Entertainment Employment:
- Claims of sexual harassment and racial discrimination against a major studio regarding advertising campaign content
- Defamation claim between talent and foreign investors
- Failure to promote based on racial discrimination of executives within the entertainment industry
- Film studio wrongful termination with racial and sexual discrimination issues such as offensive materials and pornography
- Sexual harassment claims against celebrities
- Financial/Breach of Contract:
- Anita Baker v. BNB, a suit in which a prominent vocalist sues her promoters
- Breach of contract between producer and foreign investors for failure to provide contractual movie financing
- Fee disputes between actor and agents
- Ivan Rene Moore v. Ronald Isley and Warner Bros., interference with prospective economic damages, and breach of contract over ownership of songs
- Loss of profits due to embezzlement by senior studio executive
- Multimillion dollar contract dispute between entertainment service providers
- Profit participation dispute between production company and talent
- Profit sharing conflict between actors and studios
- Rights to infomercial profits
- Royalty claims by heirs against major film studio
- Settled partnership dissolution of Beach Boys and Brian Wilson
- Intellectual Property:
- Elizabeth Taylor v. NBC, a suit to enjoin the network from airing a story about the actress
- Managed copyright dispute with Writer's Guild over entitlement to script proceeds after a partnership dissolution
- Proscribed use of trade secrets between theatrical distributors
- Shewmake v. Michael Landon, a copyright violation claim regarding script for television feature film
- Tracy Ullman v. 20th Century Fox, regarding the rights to The Simpson's television show
- Unauthorized use of likeness in television commercial
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Member, The President's Commission on White House Fellowships, West Coast Panel, 1993-present
- Ernestine Stahlhut Award, Women Lawyers Association of Los Angeles, 2011
- Recognized as a Top 50 California Neutral, Daily Journal, 2003, 2004, 2009, and 2012
- Recognized as a Top 40 California Neutral, Daily Journal, 2007 and 2008
- Recognized as One of the 500 Leading Judges in America, by Lawdragon Magazine, 2006
- Trial Judge of the Year and honored with the prestigious Alfred J. McCourtney Award, Los Angeles Trial Lawyers Association
- Member, California Judges Association, California Women Lawyers Association and Association of Business Trial Lawyers; Board of Directors, Los Angeles Women's Foundation
- Received comprehensive training in JAMS in-house Entertainment Law workshops including, but not limited to:
- “Net Profits and New Media: The Future of Entertainment Litigation”
- "Legal Issues and Developments in Video Game Law"
ADR Profiles
- "People Reader," Daily Journal, ADR Profile, April 10, 2015
- "Lawyer Limelight: Judge Diane Wayne," Lawdragon, ADR Profile, January 28, 2013
- Judge, Los Angeles County Superior Court
- Judge Pro Tempore, Los Angeles County Superior Court
- Judge, Los Angeles Municipal Court
- Partner, Christy and Wayne, specializing in civil litigation
- Trial attorney, Los Angeles Neighborhood Legal Services
- Trial attorney, honors program, Civil Rights Division, U.S. Department of Justice
- Faculty advisor for several law schools
- Former Associate Professor of Law, Southwestern University
- Lecturer for the CEB, CJA, CJER, and the Rutter Group
- Authored Employment Litigation (published by Bancroft Whitney), as well as articles on civil procedure, employment, and trade secrets
- J.D., University of Southern California
- B.A., University of California, Los Angeles
Counsel Comments
- "[Judge Wayne] has a unique skill to connect with the parties on a personal level. She's able to articulate empathy in an authentic way."
- Partner at California Litigation Firm - "Judge Wayne is well prepared and commands a thorough understanding of the subtle issues at play between the parties."
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Practice Areas
- Arbitration
- Business/Commercial
- Civil Rights
- Class Action/Mass Tort
- Cybersecurity & Privacy
- Employment
- Entertainment and Sports
- Environmental
- Federal Law
- Health Care
- Insurance
- Intellectual Property
- Personal Injury/Torts
- Securities
- Special Master/Discovery Referee
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