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Kenneth Heisz

While he is a skilled trial lawyer, Mr. Heisz believes that clients are best served if disputes can be resolved before any litigation is filed.  If litigation becomes necessary, Mr. Heisz believes that resolution through settlement is the preferable goal following discovery in order to avoid the time and expense of a trial or arbitration.  However, if trial or arbitration becomes inevitable, Mr. Heisz has tried many cases before arbitrators, judges, and juries with favorable results.

With over 30 years of litigation experience, Mr. Heisz has represented clients in the following areas of law: ecclesiastical/church law, trust and probate, elder abuse, real estate, employment, breach of contract, unfair competition, trade secrets, trademark, copyright, defamation, professional malpractice, and domain name disputes.

His clients have included churches, corporations, financial institutions, start-companies, and a municipality, as well as trustees, beneficiaries, CEO’s, and entrepreneurs.

Mr. Heisz often serves as an arbitrator for the Dispute Resolution Services program of the Los Angeles County Bar Association.

Mr. Heisz graduated from Kansas Wesleyan University (B.A., 1979) and obtained his law degree from Loyola Law School (J.D., 1989), where he was an Articles Editor for the Loyola of Los Angeles International and Comparative Law Journal and a member of the Jessup Moot Court Team. Mr. Heisz also has a theological degree from Claremont School of Theology (M.Div., 1985). Mr. Heisz has been a member of the California State Bar since 1989 and is admitted to practice in all federal courts in California, the Ninth Circuit, and the United States Supreme Court. He is a resident of the Santa Monica office.

PUBLISHED DECISIONS

Tia Carrere v. Steven Baxt, D2005-1072 (WIPO November 28, 2005);

Gardenhire v. Superior Court of Santa Clara County, 127 Cal.App.4th 882 (2005);

PriceGrabber.com v. Other World Computing, Inc., FA 0004000094651 (Nat. Arb. Forum June 5, 2000);

Powers v. Dickson, Carlson & Campillo, 54 Cal.App.4th 1102 (1997);

Ameri-Medical Corp. v. W.C.A.B., 42 Cal.App.4th 1260 (1996);

American Psychometric Consultants, Inc. v. W.C.A.B., 36 Cal.App.4th 1626 (1995).

PUBLICATIONS

Beware of the Con in Conservatorships: A Perfect Storm for Financial Elder Abuse in California

17 National Academy of Elder Law Attorneys Journal 1 (Spring 2021);

Adult Business Rules that Comply with Free Speech Protection

Los Angeles Lawyer (January 1998);

Congressional Standing To Litigate War Powers Resolution Claims

11 Loyola of Los Angeles International and Comparative Law Journal 3 (1989).

Media Quotes, Interviews, and Insights

SPEAKING ENGAGEMENTS

  • “Beware of the Con in Conservatorships,” Sacramento Estate Planning Council, November 17, 2021

  • “Beware of the Con in Conservatorships: A Perfect Storm for Financial Elder Abuse in California,” 41st Annual Tax & Estate Planning Forum, October 28, 2021

  • “Beware of the Con in Conservatorships,” National Academy of Elder Law Attorneys’ Annual Conference, May 13, 2022

REPRESENTATIVE MATTERS

Represented a church district in the enforcement of its denomination’s polity against a member church that decided to disaffiliate from the denomination. After a trial and an appeal, the denomination polity was successfully enforced.

Prosecuted a black market company and network of individuals operating in Asia and secured a permanent injunction against them on claims of trademark infringement, trade secrets, and unfair competition on behalf of an international skin care products company. This global injunction was subsequently enforced in a separate contempt proceeding in which a contempt order was obtained for violation of the injunction.

Defended a national irrigation company and its board against wrongful termination and breach of contract claims by its former president. Defense verdict rendered after a state court trial.

Prevailed on behalf of an individual client accused of financial elder abuse by relatives of decedent and Los Angeles County in which the client’s bank accounts were frozen and personal possessions were taken by Los Angeles County. Defense verdict rendered after trial in probate court with accounts ordered released and possessions ordered returned.

Represented a financial institution in lawsuit filed by another financial institution alleging trademark infringement. Case settled on favorable terms.

Filed complaint with international arbitration provider against a corporate competitor and successfully regained the domain name for an internet company.

Defended a marketing company in lawsuit filed by a national ice cream company alleging claims of copyright infringement, breach of contract and unfair business practices. Case settled on favorable terms.

Advised a national company regarding the distribution and licensing of its products and drafted contracts for same. Drafted an adult entertainment ordinance for large municipality and counseled city officials in enactment of same.

Santa Monica Office
310-656-8000
kheisz@gormanmiller.com