Philip Stillman Headshot

 

Mr. Stillman handles civil litigation with an emphasis on Americans with Disabilities Act defense.  Mr. Stillman has handled over 500 ADA cases, and is a pioneer in defending hotels against so-called “Reservations Rule” website access cases.  His clients include Marriott, the California Hotel and Lodging Association and many independent hotels.  He has been quoted on ADA matters in such publications as New York Times Magazine, Law360, and his cases are cited nationwide.


 Mr. Stillman has represented many clients in the appellate courts as well, often on issues of first impression and that set new law.  His extensive appellate practice in both the federal Courts of Appeal and in state appellate courts include, among many others, the following cases:

    • Strojnik v. Four Sisters Inns, Inc., No. 2:19-CV-02991-ODW (JEMx), 2019 U.S. Dist. LEXIS 212094, at *8-9 (C.D. Cal. Dec. 9, 2019), summarily aff’d, 2020 U.S. App. LEXIS 20146 (9th Cir. Cal., Jun. 26, 2020): affirming dismissal of vexatious litigant’s ADA complaint for lack of standing.
    • Strojnik v. Orangewood, LLC, 2020 U.S. Dist. LEXIS 11743 (C.D.Cal. Jan. 22, 2020), aff’d, 2020 U.S. App. LEXIS 36062 (9th Cir. Nov. 17, 2020): established standards for hotel website disclosures and clarified a plaintiff’s obligations to plead deterrence in ADA complaints
    • United States v. Braunstein, 281 F.3d 982 (9th Cir. 2002): Set new law in the Ninth Circuit by awarding attorney’s fees against the Department of Justice for frivolous criminal prosecutions under the Hyde Amendment.
    • Brother Records v. Jardine, 318 F.3d 900 (9th Cir. 2003), cert. denied, 540 U.S. 824, affirming judgment precluding a founding member of The Beach Boys from touring using variations of Beach Boys trademark, established standards for nominative and classic fair use defenses to trademark infringement.
    • Aalmuhammed v. Lee, 202 F.3d 1227 (9th Cir. 2000), defined standard for joint co-authorship of copyrighted works (screenplay of Malcom X in this case).
    • Micro Star v. Formgen Inc., 154 F.3d 1107 (9th Cir. 1998), set new copyright law on the ability of video game developers to control the distribution of additional levels of video games.
    • Ballard v. Savage, 65 F.3d 1495 (9th Cir. 1995), setting new law for holding a foreign bank subject to personal jurisdiction despite so-called “bank secrecy” laws in the foreign country.
    • Flynn v. Superior Court, 57 Cal. App. 4th 990, 67 Cal. Rptr. 2d 491 (1997), setting new law regarding the scope of the so-called “private investigator’s privilege.

Education

J.D., Boston University School of Law, 1989
B.A., Brandeis University, 1980


 Mr. Stillman is currently admitted to the State Bars in both California and Massachusetts, although he can appear in any state on a case by case basis.

Mr. Stillman is married, and resides in Miami Beach, Florida, but maintains an office in Los Angeles, California.

 

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