News

Ellis George represents minority shareholders of ImaginAsian Entertainment in a breach of fiduciary duty lawsuit against ImaginAsian’s majority shareholder, Korean entertainment giant CJ Corp.  After the suit had been pending for six months, CJ asked the trial court to send the case to arbitration, citing an arbitration provision in the purchase agreement between the parties.  The trial court denied CJ’s request, holding that CJ had waived the right to arbitration through its participation in litigation.  On December 18, 2013, the Second District Court of Appeal published an opinion affirming the trial court’s ruling in favor of Ellis George’s clients.  The appellate court confirmed that a judge, not an arbitrator, should decide whether a party has waived its right to arbitration through litigation conduct.  The court went on to affirm the finding of waiver against CJ.  A Daily Journal article profiling the decision quotes Ellis George lead counsel Eric M. George as saying “You can’t spend six months litigating in court and then turn around and say this should have been arbitrated.”   Assisting George in both the trial court and on appeal were Ellis George attorneys Benjamin D. Scheibe and Lauren Woodland.