Robert Schwartz

Partner

Robert Schwartz is a partner in O'Melveny's Century City office and a member of the Firm’s Business Trial and Litigation Practice.  He is named in the Best Lawyers In America and Chambers guides to leading attorneys as well as the Southern California Super Lawyers and Law Dragon guides.  During his twenty-four years at the firm, his business litigation practice has involved significant matters in the following substantive areas, at the trial, regulatory, and appellate levels:

• Accounting
• Antitrust and trade regulation
• Class and representative actions
• Contracts, both commercial and personal services
• Copyright, trademark, trade dress, and anti-piracy
• Corporate governance and internal investigations
• E-commerce
• False advertising
• First Amendment
• Governmental investigations and regulatory proceedings (including FTC, DOJ, public utility commissions, and bank and thrift regulatory agencies)
• Media/content creation, promotion, distribution, and exhibition
• Mergers and acquisitions
• Right of privacy and publicity, defamation
• Unfair competition, including Lanham Act and California Business & Professions Code Sections 17200/17500

Illustrative Professional Experience

(publicly reported matters)

Trade and Commerce Matters

• In re FedEx Ground Package Systems, Inc. Employment Practices Litigation (U.S.D.C., MDL Case No. 1700, N.D. Ind.): Co-lead counsel for defendant in more than fifty pending putative class action lawsuits in forty-two states seeking to reclassify as “employees” thousands of independent contractors engaged in package pick-up and delivery services. Succeeded in moving Panel on Multi-District Litigation to transfer cases for pre-trial coordination to one court
• Lipschutz v. American Telephone & Telegraph Co, et al. (U.S.D.C., C.D. Cal.): Successfully represented leading broadband Internet service provider in nation-wide, putative consumer antitrust class action against country’s cable television multiple system operators and affiliated ISPs. After prevailing on motion for class certification, the case settled on terms favorable to clients
• Garrison v. Warner Bros., et al. (U.S.D.C., C.D. Cal.): Successfully represented major motion picture studios against class action brought by thousands of high-level employees who claimed their compensation was “unconscionably” low and the product of an antitrust conspiracy among the industry’s major employers. Designated lead counsel after class certified. Obtained decertification and settled case on eve of hearing on defendants’ motion for summary judgment
• In re Compact Disc Antitrust Litigation; Retzlaff v. BMG, et al (California Judicial Council Coordination Proceeding No. 4123): Represented record company in series of class actions arising from advertising and pricing issues over compact discs
• California Grocers’ Ass’n. v. Bank of America, 22 Cal. App. 4th 205 (1994): Obtained appellate reversal of nine-figure judgment and injunction based on trial court findings that defendant bank’s check processing fees were “unconscionably” high and therefore unenforceable

Investigations and Special Committee Work

• Securities & Exchange Commission v. Hollinger International, Inc.; Hollinger International, Inc. v. Hollinger, Inc. and Conrad Black, et al.; Ravelston Corp. Ltd. v. Hollinger International, Inc. (Delaware Chancery Court; United States District Court, Northern District of Illinois; Ontario (Canada) Superior Court of Justice): On behalf of special committee of board of directors of multinational media holding company, investigated and prosecuted former senior officers and directors for massive looting of company assets, including through RICO claims. Successfully litigated issues with regard to SEC consent decree’s provisions for appointment of special master to prevent controlling shareholder from interfering with investigation and disposition of assets. Successfully precluded target from manipulating litigation through filing of parallel actions in Canadian courts
• Represented several motion picture studios in 2000 and 2003 joint Department of Justice/Federal Trade Commission investigations into the motion picture, music, and video game industries’ marketing to minors of content that depicts violence

Copyright, Trademark, and Patent Matters

• MGM, et al. v. Grokster, Inc., et al., 545 U.S. 913 (2005): Successfully represented certain motion picture studio and record company plaintiffs in copyright infringement suit against the Morpheus/Music City/Grokster and Kazaa networks from filing of action through and after landmark Supreme Court decision on “active inducement” theory of contributory copyright infringement
• Eldred v. Ashcroft , 537 U.S. 186 (2003): Successfully represented bipartisan leadership of the House of Representatives on intellectual property issues before the United States Supreme Court against constitutional challenges to their 1998 adoption of a twenty-year extension to the term of copyright
• Video Game Disputes. Currently representing the developer of one of the bestselling video-game franchises of all time in several substantial disputes against a major publisher and rival. The dispute involves patents, trade secrets, copyrights, trademarks, and royalty calculations
• Gibson Guitar Corporation v. Amazon.Com, Inc., Gamestop Corporation, Toys-R-Us Inc., Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation, Sears Roebuck & Co, Harmonix Music Systems, Inc., Viacom International Inc., and Electronic Arts Inc. (U.S.D.C. M.D. Tenn.): Representing game developer and publisher defendants in this patent infringement action filed by the famous guitar maker, asserting that it holds patents that allegedly drive the core technology behind the multi-billion dollar Guitar Hero and Rock Band videogame franchises
• Intel Corp. v. Advanced Micro Devices, Inc. (U.S.D.C. D Del.): Successfully defended trademark infringement suit brought by Intel against Advanced Micro Devices (“AMD”) over the purported mark “MMX” for use on x486 class of PC microprocessors
• Time Warner Entertainment Co., Home Box Office, Warner Bros., Warner Bros. Television, Turner Broadcasting System, Inc., New Line Cinema Corp., Castle Rock Entertainment, and The WB Television Network Partners L.P., v. ReplayTV, Inc. (U.S.D.C., C.D. Cal.): Represented plaintiff content and media companies in a copyright infringement action against the maker of the ReplayTV digital video recorder, based on inclusion of commercial-skipping, librarying, and file copying and distribution functions of device. Matter settled on terms favorable to clients
• Leicester v. Warner Bros., 232 F.3d 1212 (9th Cir. 2000): Prevailed at trial on copyright and trademark claims filed by sculptor of “Zanja Madre” public art installation in downtown Los Angeles against studio based on unauthorized photography of plaintiff’s work in scenes of movie Batman Forever and use on film-related merchandise. Successfully defended that judgment in the Ninth Circuit
• Academy of Motion Picture Arts and Sciences v. Time Inc. (U.S.D.C. C.D. Cal.): Represented publisher of books and special-issue magazine against claims of copyright and trademark infringement arising from use of “Academy Awards” and “Oscars” trademarks and images in publications
• Metro-Goldwyn-Mayer Studios Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corp., Columbia Pictures Industries, Inc., Columbia Pictures Television, Inc., TriStar Pictures, Inc., Paramount Pictures Corp., Universal City Studios, Inc., and Time Warner Entertainment Co. v. RecordTV.com and David Simon (U.S.D.C., C.D. Cal.): Obtained permanent injunction for plaintiffs against defendants’ Internet site, which allowed users to copy and display over the Internet plaintiffs’ copyrighted movies and television shows
• Frederick Hart and National Cathedral Foundation v. Warner Bros. (U.S.D.C., E.D. Va.): Represented motion picture studio in copyright and trademark suit brought by a sculptor and National Cathedral in Washington, D.C. over claimed infringement of bas relief installed at entrance to cathedral as set piece in the motion picture The Devil’s Advocate
• The New Young Americans, Inc. v. Columbia Pictures Television, Inc. and The WB Television Network Partners, L.P., et al. (U.S.D.C., C.D. Cal.): Defended copyright and trademark claims filed by music group against producer and network that produced and distributed television series entitled The Young Americans

Contract and Accounting Disputes

• The Saul Zaentz Co. v. New Line Cinema Corp. (Los Angeles County Superior Court [“L.A.S.C.”]): Represented the studio behind The Lord of the Rings motion picture trilogy against accounting and breach of contract claims related to rights holder’s “adjusted gross receipts” participation. Obtained summary judgment on counterclaim regarding rights to The Hobbit
• Burrows v. Warner Bros. Television (L.A.S.C.): Represented studio against contract and accounting claims arising from well-known director’s percentage participation in “defined proceeds” on the Friends television series
• Wingnut Films, Ltd. v. Katja Motion Pictures Corp., et al., (U.S.D.C., C.D. Cal.): Successfully defended production company and distributor against claims by writer-director-producer Peter Jackson that his contract was breached in reporting his share of “gross receipts” on The Lord Of The Rings motion picture trilogy. Plaintiff asserted “vertical integration” claims related to distribution licenses involved companies affiliated with the defendants
• StudioCanal Image, S.A., et al. v. Artisan Entertainment, Inc. (L.A.S.C.): Defended home video distributor in connection with longstanding lawsuits involving claims and counterclaims over accountings and contract rights to distribute the “Carolco” film library, which includes Terminator 2, Basic Instinct, the Rambo series, Total Recall, and Stargate
• Batfilm Productions, Inc. v. Warner Bros., et al. (L.A.S.C.): Successfully defended through judge and jury trials against claims brought by the executive producers of Batman and Batman Returns regarding their alleged contract right to produce the movies and their credit and participation accounting claims, resulting in a zero recovery for the plaintiffs

First Amendment Matters

• Byers v. Edmunson, et al. (Tangipahoa Parish, Louisiana) 2001 WL 1147451, 29 Media L. Rep. 1991 (La. Dist. Ct. Mar 12, 2001), aff’d. 826 So.2d 551 (La. App. 2002), cert. denied, 826 So.2d 1131 (La. 2002); prior history: 712 So.2d 681 (La. App. 1998), writ denied, 726 So.2d 29 (La. 1998), cert. denied, 526 U.S. 1005 (1999): Obtained summary judgment for film director Oliver Stone, Time Warner, Warner Bros., and other defendants in a wrongful death suit arising from a “copycat crime” allegedly inspired by the movie Natural Born Killers
• Citizens For Fair Treatment, Inc. v. Time Warner Entertainment Co., New Line Cinema Corp., Metro-Goldwyn-Mayer Studios Inc., Paramount Pictures Corp., Sony Pictures Entertainment Inc., Universal Studios, Inc., Twentieth Century Fox Film Corp., and The Walt Disney Company (L.A.S.C.): Successfully defended all defendants in unfair competition action brought under California’s Business & Professions Code §17200 alleging that the defendants unlawfully marketed to children motion pictures rated “R” for their depiction of violence. Obtained writ of supersedeas to confirm statutory entitlement to stay of trial court proceedings pending exercise of right of automatic appeal of denial of anti-SLAPP motion. Following reversal of trial court’s refusal to grant motion to strike under California’s anti-SLAPP statute, obtained record-setting award of attorneys’ fees for clients

Advertising Matters

• Huizenga v. Time Warner Entertainment Co. (L.A.S.C.): Defended claim asserting that former L.A. Raiders team physician and writer of book You’re Okay, It’s Just A Bruise, was entitled to screen credit on Warner Bros.’ motion picture On Any Given Sunday
• Newsom v. Columbia Pictures Industries, Inc., (U.S.D.C., C.D. Cal.): Defended claim asserting that writer of early screenplay based on Spider-Man comic books was entitled to screen credit on 2001 Sony Pictures’ motion picture
• Rezec, et al. v. Sony Pictures Entertainment (L.A.S.C); Morris v. Sony Corp. of America (Palm Beach County, Florida); Cohen v. Sony Pictures Entertainment (Philadelphia County, Pennsylvania); Consumer Justice Center, et al. v. Sony Pictures Entertainment (L.A.S.C.): Represented Sony Pictures in various in false advertising/unfair business practice class actions arising from the use of endorsements in movie ads by film critic who did not work for indicated publication. Related work included representation in connection with several state attorneys general investigations and proceedings
• Mattel, Inc. v. Nissan Motor Corp. (U.S.D.C., C.D. Cal.): Successfully defended Nissan Motor Corp. in a copyright and trademark infringement suit brought by Mattel arising from a Nissan commercial that included toy characters. Plaintiff claimed the characters infringed its rights in “Barbie” and “Ken” line of toys
• Brian Rector, et al. v. Sony Corp. of America, et al. (L.A.S.C.): Prevailed on anti-SLAPP motion to dismiss class action claims asserting that motion picture studios had falsely advertised motion pictures by using critic endorsements without disclosing provision of preview screenings, “press junkets,” and other supposed consideration, and obtained six-figure award of attorneys’ fees

Literary/Film Rights Matters

• 21st Century Film Corp. v. Carolco Pictures, Inc.; Carolco Pictures, Inc., v. CPT Holdings, Inc.; Carolco Pictures, Inc. v. Viacom International, Inc; Carolco Pictures Inc. and Carolco Studios, Inc., et al. (Chapter 11 proceedings); Marvel Entertainment Group v. Columbia TriStar Home Video; Marvel Entertainment Group v. Viacom International, Inc.; Metro-Goldwyn-Mayer Studios Inc. v. Marvel Entertainment, Viacom International, Inc., Columbia Tri-Star Home Video; John J. Gibbons, Chapter 11 Trustee for Marvel Entertainment Group, Inc. v. Viacom International, Inc., CPT Holdings, MGM Entertainment, et al. (U.S.D.C. D.Del.): Following extensive motion practice, a partial settlement, and trial in California and Delaware state and federal courts over five-year period, successfully represented Sony Pictures in multi-party disputes over who controlled rights to produce motion pictures based on Spider-Man comic book characters. From these cases, Sony obtained the rights to create, produce, and distribute Spider-Man motion pictures and merchandise

Professional Activities

Admitted to Practice, U.S. District Court, Central, Northern, and Eastern Districts of California; U.S. Court of Appeals, Ninth Circuit; U.S. Supreme Court
Member, Association of Business Trial Lawyers
Board of Directors, Bet Tzedek – House of Justice (a community legal services organization)
Speaker, Frequent speaker at bar associations and professional symposia on commercial litigation, intellectual property, and media/entertainment industry issues
Honors, Named a "Super Lawyer" in a survey conducted by Law & Politics Media Inc. and published in Los Angeles magazine; named a “Power Lawyer” by Hollywood Reporter ESQ (2008); named in Best Lawyers in America—Intellectual Property (2009)