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Justin M. Goldstein

JustinM.Goldstein

Partner
Location:
Los Angeles,California
Phone:
213-955-1616
Fax:
213-623-0032
Email:
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Justin M. Goldstein is a partner in the firm's Los Angeles office and a member of its Litigation & Alternative Dispute Resolution and Entertainment & Media Litigation Practice Groups. He has extensive trial and appellate experience handling a wide range of business, entertainment, and intellectual property disputes in state and federal courts, as well as in arbitration. Justin began his career at Katten Muchin Rosenman, and then spent 10 years at O'Melveny & Myers.  He has successfully counseled and represented some of the Fortune 500's and entertainment industry's most influential entities in a broad variety of commercial and intellectual property matters.

  • Accounting and profit participation
  • Class actions
  • Complex commercial disputes
  • Copyright, trademark, and trade dress
  • Cybersquatting
  • Defamation, right of privacy and publicity
  • Fiduciary duties
  • First Amendment
  • Media/content creation, promotion, distribution, and exhibition
  • Monopolization claims
  • Personal service contracts
  • Trade secrets
  • Unfair competition and false advertising, including Lanham Act and California Business & Professions Code sections 17200 & 17500

Trial Experience

  • Lead trial counsel for Southern California Edison Company in dispute with ExxonMobil Oil Corporation.  Exxon sought $32 million plus punitive damages based on alleged lost profits and equipment damages from electrical interruptions to a California refinery.  After a four-week trial in federal court (Central District of California), the jury returned a straight defense verdict for Edison on all claims.  This case was profiled in Law360.
  • Lead trial counsel for a marketing and promotions company in a two-week arbitration proceeding against world's largest automaker. Obtained an arbitration award for money damages and credit for creative work product.
  • Represented a former professional baseball player in a partnership and employment arbitration, and after a three-week hearing, obtained an award of $3 million and the removal of an adverse party from multiple partnerships. The award was confirmed by the trial court and upheld on successive appeals.
  • Represented a motion picture studio in a complex contract dispute over hundreds of millions of dollars in claimed participation obligations.  After an extended evidentiary hearing, the court terminated the case through a sanctions order which was affirmed on successive appeals.
  • Prosecuted, as lead counsel, three jury trials and one bench trial for the City Attorney's office.
  • Represented (pro bono) an asylum candidate in an Immigration Court merits hearing, and obtained a favorable result that allowed the client to remain in the United States.

Representative Entertainment Industry Matters

  • Represented a motion picture studio in a copyright and trademark dispute over animated character rights.  Prevailed on a dispositive motion and obtained a US$2 million attorney fee award.
  • Represented production companies and studios in a host of disputes involving copyright and state law implied contract claims for alleged theft of ideas.  Prevailed in summary judgment and negotiated early resolutions.
  • Represented a production company in a privacy dispute concerning content of a reality television program.  Prevailed on an anti-SLAPP motion and obtained attorneys' fees award.
  • Represented a production company in an action brought by a professional athlete concerning a reality television show.  The asserted claims included right of privacy, right of publicity, trademark infringement and dilution, and false advertising.  Secured a prompt resolution.
  • Represent a trust controlling literary rights to science fiction works in copyright and participation accounting disputes against a production company.
  • Represented New Line Cinema Corp. in court and arbitration proceedings involving The Lord of the Rings motion picture trilogy, and counseled New Line Cinema on other pre-litigation matters.
  • Represented New Line Cinema against accounting and breach of contract claims brought by The Saul Zaentz Company related to its "adjusted gross receipts" participation.  Obtained summary judgment on a counterclaim regarding rights to The Hobbit.
  • Represented New Line Cinema against accounting and breach of contract claims by writer-director-producer Peter Jackson.  Plaintiff also asserted so-called "vertical integration" claims related to distribution licenses involving affiliated companies.
  • Represented a television studio against participation claims brought by heirs of the creators of a popular soap opera.  Negotiated a favorable resolution.
  • Represented a production company in an AFMA arbitration against a foreign distribution company over minimum guarantee payments. Negotiated a favorable resolution.
  • Represented a foreign distribution company in an AFMA arbitration against a production company over the right to distribute sequels to a popular motion picture. Negotiated a favorable resolution.
  • Represented individual entertainers, athletes, models, and other celebrities in matters involving tabloid stories, personal service contracts, endorsements, and manager/agent claims.
  • Represented a high-profile executive of an entertainment company in a dispute over separation and continuing rights in intellectual property.

Representative Internet and High Tech Industry Matters

  • Represented Advanced Micro Devices in a worldwide monopolization suit against Intel and in November 2009, obtained US$1.25 billion settlement and wide-ranging injunctive relief.  The historic settlement was one of the largest single plaintiff recoveries ever reported.
  • Represented a technology company in a design patent, copyright, and trade secret dispute concerning 3D glasses.
  • Represented and counseled various websites operators about appropriate procedures for triggering DMCA safe harbor protection.
  • Represented an online provider of conference call services in trademark enforcement and prosecution matters.

Representative Commercial Matters

  • Represented a Fortune 500 land development company in prosecuting an extortion and defamation lawsuit against parties who launched a highly orchestrated Internet attack on the company.
  • Represented a major coffee retail chain in a trademark, trade secret, and unfair competition suit brought by a store designer.
  • Represented an actuarial company in a dispute involving trade secrets, accounting, and restrictive covenants on competition.
  • Represented home purchasers in a dispute over fraudulent representations and concealment during the sales process.  Negotiated a favorable resolution involving re-purchase of the home by the sellers.

Representative Energy Industry Matters

  • Represented a utility company against claims brought by a power provider for enforcement of PURPA and for damages under various 42 U.S.C. § 1983 theories.  Negotiated a voluntary dismissal of most claims and prevailed on summary judgment on the remaining claims.
  • Represented a utility company in a putative class action involving electric metering.  Obtained the dismissal of class allegations.
  • Represented a utility company in disputes with municipalities over public work fees.
  • Represented a petroleum company in individual actions resulting from an oil spill.
Prior Work Experience
  • O'Melveny & Myers LLP
  • Katten Muchin Rosenman LLP
  • Externship, Honorable Ronald S.W. Lew, US District Court, Central District of California.

Affiliations

  • State Bar of California
  • Beverly Hills Bar Association
  • USC Entertainment Law & Business Institute, Planning Committee
  • Association of Media & Entertainment Counsel, Law Firm Advisory Board (former)

Publications

Areas of Practice

  • Entertainment & Media Litigation
  • Intellectual Property
  • Litigation & Alternative Dispute Resolution
  • Appellate

Bar Admissions

  • California
  • U.S. District Court Central District of California
  • U.S. District Court Northern District of California
  • U.S. Court of Appeals 9th Circuit

Education

  • University of Southern California Law Center, Los Angeles, California
    • J.D.
  • Brandeis University, B.A., magna cum laude

Languages

  • Spanish