Heather McCloskey is a partner with McCloskey, Waring, Waisman & Drury LLP. Her practice focuses on general business litigation, with an emphasis on intellectual property and contract disputes as well as insurance coverage litigation. Ms. McCloskey has extensive trial experience in state and federal courts, representing her clients in a wide range of civil disputes. Ms. McCloskey also has extensive appellate experience in both state and federal courts, including California Courts of Appeal and the Ninth and Tenth Circuit Courts of Appeals.
Ms. McCloskey has experience litigating a wide range of issues confronting manufacturers and distributors in the fashion, toy, food and beverage industries, among others. She has litigated disputes ranging from supply chain contract disputes to licensing agreements and infringement of copyright, trademark and trade dress belonging to such entities. Ms. McCloskey has also negotiated and handled disputes relating to celebrity sponsorship agreements, right of publicity disputes, and defamation claims.
Ms. McCloskey was previously a partner with the law firm of Ervin, Cohen & Jessup, LLP in Beverly Hills, California and later became Special Counsel with Sedgwick LLP.
- Successfully defeated multimillion dollar fruit and beverage company’s effort to preliminarily enjoin start-up energy drink distributor from using common descriptive term to denote flavor of product.
- Obtained writ of mandamus from California Court of Appeal in each of a series of four writ petitions from superior court’s rulings on discovery and pre-trial motions involving issues of attorney-client privilege, litigation privilege, collateral estoppel, and other issues.
- Represented plaintiff international shoe company in contract dispute against popular reality television stars to whom plaintiff had supplied shoes for a branded department store shoe line.
- In dispute between national bread distributor against former regional bakery, following entry of multi-million dollar judgment for trademark infringement, successfully obtained reversal on appeal of regional bakery’s purported forfeiture of exclusive, perpetual trademark license.
- Successful trial representation of defendant health care outsourcing company sued by nationwide health insurance company for infringement of trademark. Plaintiff sought $328 million in actual damages and lost on all claims.
- Negotiated favorable settlements for defendant major international shoe company on claims by former employees for discrimination based on race and sexual orientation.
- Negotiated stipulated judgments including injunctions and damages in favor of major international shoe company against former licensees who breached terms of license agreements and infringed trademarks of shoe company.
- Successful trial representation of major international shoe manufacturer against international computer software corporation for fraud; successfully defended against claims of copyright infringement and obtained multi-million dollar damages award.
- Successful trial representation of talent manager against owner of management company for non-payment of commissions.
- Successful representation of talent manager against prime time television star for non-payment of commissions.
- Represented celebrity in negotiation with former lover to settle dispute over unauthorized distribution of sex tape. Dispute involved complex copyright and right of publicity issues.
- Defended aeronautical document reseller against major defense contractor and aircraft manufacturer for infringement of copyrights in aircraft plans and manuals. Negotiated favorable settlement.
- On behalf of estate of world renowned recording artist, successfully enforced trademark and publicity rights against merchandising entities.
- Represented competing tax preparation service provider, obtained reversal of injunction prohibiting use of competitor’s trademarks in website metatags based on theory of initial interest confusion.
- Defended importer of “gray market” dvd players carrying infringing trademark of major technology company in multi-million dollar lawsuit. Negotiated favorable settlement.
- Defended multiple software resellers against major anti-virus software manufacturer in copyright infringement disputes.
- Represented German investors in US film productions in lawsuit against major U.S, banking institution for conversion of copyright interests in co-produced films.
- Pom Wonderful LLC v. Hubbard, 2014 U.S. App. LEXIS 24598 (9th Cir. 2014)
- Brighton Collectibles, Inc. v. Pedre Watch Co., Inc., 2013 WL 5719071 (S.D. CA 2013)
- Kerner v. Superior Court, 206 Cal.App.4th 84 (2012)
- eCash Technologies v. Guagliardo, 127 F.Supp.2d 1069 (CD CA 2009)
- Shopoff & Cavallo et al. v. Hyon et al. 167 Cal.App.4th 1489 (2008)
- J.K. Harris & Co. v. Kassel, 253 F.Supp. 2d 1120 (ND CA 2003)
Affiliations, Activities and Accomplishments
Ms. McCloskey is admitted to practice in all state and federal courts within the State of California. She is a member of the California State Bar (Intellectual Property Division), the Los Angeles County Bar Association (Intellectual Property and Litigation Divisions) and the Women Lawyers Association of Los Angeles.
From 2004 through 2007, she was named a “Southern California Rising Star,” a recognition given to the top 200 attorneys in Southern California under the age of 40 practicing less than 10 years, by Law & Politics. Only 2 percent of Southern California attorneys are recognized.
California; U.S. District Court (C.D. Cal.); U.S. District Court (E.D. Cal.); U.S. District Court (N.D. Cal.); U.S. District Court (S.D. Cal.); Ninth Circuit Court of Appeals; Tenth Circuit Court of Appeals; United States Supreme Court
Los Angeles Office
1960 East Grand Avenue
El Segundo, CA 90245
General Business Litigation
Intellectual Property Litigation
Insurance Coverage Litigation
Retail and Fashion Litigation
Law School: University of San Diego Law School, J. D., 1997
College: Bard College, B.A.
Born: Concord, Massachusetts