On July 6, 2021, the California Court of Appeal in an unanimous opinion ruled in favor of KWIKH clients, Kim, Khloe and Kourtney Kardashian (see opinion). Since 2016, Michael Kump, Jonathan Steinsapir and Nicholas Soltman have been representing the Kardashians in three related state and federal actions, and a JAMS arbitration filed in Los Angeles, involving the hedge fund Hillair Capital Management LLC and its beauty company subsidiary concerning the operation of a cosmetics company to whom the Kardashians licensed their names and images. In 2019, the three-member arbitration panel, after two weeks of live testimony, entered their Final Award, which: (i) awarded the Kardashians over $12 million in damages and interest; and (ii) rejected the hedge fund’s claims for $180 million in damages. The Kardashians thereafter filed their motion to confirm the arbitration award, which was granted by the Los Angeles Superior Court. Hillair then appealed the ruling by the Superior Court, and on July 6, 2021, the California Court of Appeal in a 49-page opinion affirmed in full the judgment in favor of the Kardashians. (Hillair Capital Management, LLC, et al vs. Kim Kardashian, et al, Court of Appeal Case No. B299897).
Michael Kump lauded the win for his clients in a statement to The Hollywood Reporter, stating that “Kim, Khloe and Kourtney are thrilled with this important victory in the California Court of Appeal. It’s been a long road since 2012 when they signed the license agreement allowing the use of their names and likenesses in the sale of color cosmetics. In order to get what they were promised, they have been forced to litigate in state and federal court, and in JAMS arbitration – winning at every stage. They deserve to be paid what they are owed.”