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Randy M. McElvain

PARTNER

Randy McElvain is a litigation and trial attorney with over 25 years experience. He has handled complex insurance disputes, as well as intellectual property and entertainment/media disputes. He represents major insurers in the litigation of first party property disputes for both personal and commercial lines. He is experienced at handling cases involving insurance fraud, suspected arson, theft claims (including artwork and jewelry), vandalism, catastrophic losses, wind and rain damage, flood losses, wild fires and related smoke losses, building envelope claims, construction claims, salvage claims, pollution claims, mold claims, business interruption claims, and high-value property losses. Mr. McElvain has also tried higher exposure insurance subrogation and reimbursement cases.

Mr. McElvain is also experienced in handling all types of intellectual property disputes, including trademark, copyright, trade secret, unfair competition, and rights of publicity/privacy. He is familiar with all aspects of the Lanham Act and has handled numerous trademark cases involving claims of infringement, dilution, gray market, and counterfeiting, as well as cross-border disputes between domestic and foreign trademark holders.

Mr. McElvain has litigated numerous copyright disputes involving film and music properties, artwork, computer software, internet content, catalogs, and consumer goods. In the entertainment industry, Mr. McElvain has represented and counseled film studios, production companies, film producers and directors, music producers and publishers, songwriters, and home video market distributors and retailers.

Published Decisions
  • Grupo Gigante SA De CV v. Dallo & Co., Inc., 391 F.3d 1088 (9th Cir. 2004)
Education
  • J.D., University of California, Hastings College of Law, 1988; Articles Editor – Hastings Constitutional Law Quarterly; Legal Externship – Federal Public Defender, United States District Court for the Northern District of California, 1987
  • B.A., Economics, Pepperdine University, cum laude, 1985, Omicron Delta Epsilon Honor Society in Economics
Admissions
  • California
  • United States District Court for the Central District of California
  • United States District Court for the Eastern District of California
  • United States District Court for the Northern District of California
  • United States District Court for the Southern District of California
  • United States District Court for the Middle District of Tennessee
  • United States Court of Appeals for the Ninth Circuit