Berstein Law v. Cohen CA4/3

FACTS

The facts giving rise to the present case involve Icon Internet Media, Inc. (Icon), a former client of both Berstein and Cohen. At one point in time Scott and Dave Johnson, fully owned Icon in equal share.1 They each held a director position on Icon’s two-person board of directors, and Dave was the chief executive officer (CEO) and president of Icon. In 2019, after Dave stepped down from his CEO and president roles at Icon and Scott assumed those roles, Icon sued Dave and Dave’s wife

1 Because they have the same last name, we refer to Scott and

Dave by first name to avoid confusion. No disrespect is intended.

2 in federal court (the federal action).2 At Scott’s direction, Berstein represented Icon in the federal action. According to the complaint, Dave and his wife had engaged in “a systemic and escalating course of malicious conduct directed at harming [Icon].” Among the causes of action pled were copyright and trademark infringement, tortious interference with existing contracts, with prospective contractual relations, and with business relations, civil conspiracy, trade secret misappropriation, breach of fiduciary duties, and conversion. After Dave and his wife filed…