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(213) 630-5023

cpalko@bautelaw.com

ADMISSIONS

  • California
  • Illinois
  • New York
  • U.S. Courts of Appeals, 9th and 11th Circuits
  • U.S. District Courts: California (Central, Northern, Southern); Western District of Michigan; Colorado

EDUCATION

  • J.D., University of California, Davis School of Law, 2004

UC Davis Law Review, Articles Editor

  • M.S., University of California, Davis, 2000
  • B.S., California Polytechnic State University, San Luis Obispo, magna cum laude, 1998

Ms. Palko has been selected to the 2017-2019 Southern California “Super Lawyers” list as well as the 2011-2015 listings of Rising Stars. She has worked on high-stakes complex business litigation including antitrust, intellectual property, unfair competition, and sports and entertainment matters. She has also handled class actions.

Representative Matters

  • Second chaired jury trial in federal court successfully defending NBA athlete against civil sexual battery, trespass, and battery claims. The Ninth Circuit affirmed the judgment.
  • Represented student-athlete class in White v. NCAA, a certified antitrust class action in federal court alleging that the NCAA violated the federal antitrust laws by restricting amounts of athletic-based financial aid below the cost of attendance. The NCAA settled and paid an additional $218 million for use by current student-athletes to cover the costs of attending college, paid $10 million to cover educational and professional development expenses for former student-athletes, and enacted new legislation to permit Division I institutions to provide year-round comprehensive health insurance to student-athletes.
  • Defended owner of professional sports team with respect to charges the league instituted against him under the league constitution and bylaws. Also defended owner in probate court proceedings and trial after his wife petitioned for approval of the sale of the team without his consent under trust provision relating to incompetence.
  • Represented pay-TV subscribers in California Unfair Competition Law claim against Time Warner Cable, the Los Angeles Lakers, and the Los Angeles Dodgers over the forced inclusion of three new channels devoted exclusively to those teams at a significant monthly price increase without subscriber consent and no opt out right. Drafted appellate briefs and argued at the California Court of Appeal. Drafted petition for review to California Supreme Court.
  • Represented putative national consumer class in Brantley v. NBC Universal, alleging that the cable distributors and TV programmers violated the federal antitrust laws with tiering restrictions and a la carte prohibitions which prevent the cable companies from competing to offer different packages of channels to cable customers.
  • Represented a consulting firm against a large multinational conglomerate in a multimillion dollar business interference lawsuit involving a military procurement contract. After trial, the parties entered into a confidential settlement agreement.
  • Represented a class of music composers and owners of sound recordings against television studios and distributors for failure to pay licensing fees.
  • Represented MGA Entertainment, Inc. in federal antitrust claim against Mattel alleging monopolization of fashion doll market. 
  • Represented consulting company alleging antitrust claims against dominant shipping companies regarding exclusion of third party consultants.
  • Served as lead day-to-day lawyer in dispute over Bob Marley sound recording rights; after prevailing on appeal at the Ninth Circuit (745 F.3d 343 (9th Cir. 2014)), the parties settled.
  • Represented musician over unauthorized use of likeness in video game and use of song in commercial.
  • Successfully negotiated settlement for screenwriter in copyright infringement dispute.
  • Defended a major San Francisco tour attraction provider against a competitor’s predatory pricing, exclusive dealing, and unfair competition claims.
  • Represented a former sponsor of college football bowl games against the National Collegiate Athletic Association alleging price fixing and business interference claims.

Professional Associations and Memberships

  • California Lawyers Association, Antitrust, UCL & Privacy Section, Executive Committee
  • American Bar Association, Antitrust Law Section, Mentor
  • Association of Business Trial Lawyers, Board of Governors, 2012-2016
  • Los Angeles County Bar Association, Antitrust and Unfair Business Practices Section, Executive Committee
  • Women Lawyers Association of Los Angeles
  • Federal Bar Association

Publications

  • California State Antitrust & Unfair Competition Law (2015–2019 eds.), co-editor and co-author