Scott A. Edelman
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Partner
T: (310) 557-8061
F: (310) 552-7041

Scott A. Edelman is a partner in Gibson, Dunn & Crutcher's Century City office.  Mr. Edelman is Co-Chair of the firm's Media and Entertainment Practice Group.  He is a member of the Litigation Department and has first-chaired numerous jury trials, bench trials and arbitrations, and has a broad background in commercial litigation.  He also is the firm's National Pro Bono Coordinator.

Mr. Edelman has been named "Best of the Bar" by the Los Angeles Business Journal, one of Los Angeles' "Super Lawyers" by Los Angeles Magazine and one of the "Best Lawyers In America" by American Lawyer Media.  He also is featured in Chambers USA:  America's Leading Lawyers for Business 2006 which ranked Mr. Edelman among the top media and entertainment litigators in California and in Law Dragon, 3000 Leading Lawyers in America.  In April 2007, he was profiled as one of Hollywood's top litigators in Daily Variety's Hollywood Law Impact List, and in both July 2007 and July 2008, he was named one of the top 100 "Power Lawyers" by the Hollywood Reporter.  His cases in the area of entertainment and intellectual property have covered a broad range of areas, including profit participation in the motion picture and television industries, arbitrations under the auspices of the Independent Film & Television Alliance, right of publicity, copyright and trademark infringement, misappropriation of ideas, sports law, false advertising, royalty disputes involving patented medical devices, and negligence in the selection of computer hardware and software.  He authors a chapter on copyright damages in Intellectual Property Law, Damages and Remedies (Law Journal Press 2000).

Mr. Edelman's entertainment clients include major studios, music companies, motion picture foreign distributors and investors, production companies, licensing agents and management companies.  He represents several Fortune 500 companies and a major university in connection with their intellectual property issues.  Mr. Edelman has substantial trial court experience, including the recent $122 million dollar jury verdict in Intertainment v. Franchise Pictures discussed below.

Mr. Edelman received his law degree from the University of California (Boalt Hall) in 1984, where he was Co-Editor-in-Chief of the Ecology Law Quarterly.  He obtained his bachelor of arts degree in English from Stanford University in 1981, where he graduated with distinction.  Prior to joining Gibson, Dunn & Crutcher LLP, Mr. Edelman clerked for United States District Court Judge Jesse W. Curtis in the Central District of California.

He is Chairman of the Board of Directors of KCET Public Television and serves on its Executive Committee.  He also is a member of the Board of Directors and past President of Bet Tzedek Legal Services, a legal aid organization for the indigent.

REPRESENTATIVE ANTITRUST MATTERS

  • Eddins v. Sumner Redstone, et al. -- Mr. Edelman is lead counsel for Columbia Tri-Star Home Entertainment, Inc. in a lawsuit brought by independent video retailers against the major studios and Blockbuster challenging the revenue-sharing model by which videotapes are distributed to the major video chains such as Blockbuster and Hollywood Video.  Along with the other defendants, Columbia successfully defeated class certification and then obtained partial summary judgment in this anti-trust lawsuit alleging price-fixing and a group boycott by the major studios against independent video retailers.
  • Intertainer, Inc. v. Time Warner, Inc., et al. -- Represented Sony Corporation of America and Sony Pictures Entertainment in alleged $1 billion antitrust claim brought by Intertainer, an early entrant in the video-on-demand space, against major studios accusing the studios of an illegal conspiracy to set prices through their formation of the Internet-based movie-downloading service Movielink.  The case settled favorably shortly before trial in late 2005.
  • In Re Digital Music Antitrust Litigation -- Currently representing Sony BMG Music in 25 federal antitrust class actions in which plaintiffs allege the music companies conspired to set the price of digital downloads.
  • Radikal Records, Inc. v. Warner Music Group, Corp., et al. -- Currently defending Warner Music Group in federal lawsuits asserting antitrust violations based on payola allegations.
  • Mad Rhino, Inc. v. Best Buy Co., Inc., et al. -- Currently representing Sony Music in alleged class action antitrust case challenging promotional discounts given to large retailers.
  • Tanaka v. University of Southern California -- Successfully represented USC in Section 1 challenge to the athletic eligibility rules of the Pac-10 and the NCAA (252 F.3d 1059).

REPRESENTATIVE ENTERTAINMENT AND COPYRIGHT MATTERS

  • Intertainment Licensing v. Franchise Pictures -- In one of the largest jury verdicts of the year in the country, Mr. Edelman, as lead trial counsel, obtained a $122 million judgment on behalf of the plaintiff Intertainment in a complex business fraud case after a six-week trial in federal district court.  Mr. Edelman is trying other components of the case against different defendants before a multi-arbitrator panel under the auspices of the Independent Film and Television Alliance (IFTA).
  • Ilshin Investment Co., Ltd. v. Buena Vista Home Entertainment, Inc., et al. -- After a 13-day trial, Mr. Edelman obtained a $6.4 million decision against Buena Vista Home Entertainment relating to breach of a video distribution contract.
  • Ilshin Investment Co., Ltd. v. Comerica Bank -- After obtaining judgment for $6.5 million following jury trial against Interlight Pictures on behalf of plaintiff Ilshin Investment Co., enforced judgment by suing the production lending bank for wrongfully retaining more than $1 million after defendant bank's liens should have been released, resulting in a settlement within months of filing suit.
  • Television Profit Participation Litigation – Currently representing two television networks in separate confidential arbitration proceedings concerning significant profit participation issues.
  • Euro Tec Enterprises, Inc. v. Apple Computer, Inc., et al. -- Represented Microsoft.com, Sony Connect, Yahoo, AOL Music Now, Buy.com and several other internet service providers in putative copyright class action alleging ISPs failed to obtain mechanical licenses for music offered via digital downloads or streaming.  The case settled on favorable terms.
  • Twentieth Century Fox Film Corp., et al. v. Granite Broadcasting Corp., et al. -- Represented Fox Television in a breach of contract case for failure to make payments pursuant to three television syndication license agreements.  Mr. Edelman obtained a writ of attachment against defendants for all monies due, and then obtained an $8 million settlement.
  • Horizon Productions, Inc v. DaimlerChrysler Motors Co., LLC -- Represented DaimlerChrysler in lawsuit brought by promoters of "Lingerie Bowl," who alleged DaimlerChrysler improperly withdrew its sponsorship of the Superbowl halftime event featuring models clad in lingerie playing football.
  • Gamete Music, Inc. v. BBDO Detroit and DaimlerChrysler Corp. -- Represented defendants in music copyright case brought by rock-band The Offspring, who contended that television advertisement for Dodge trucks copied their music.  Case settled for nuisance value after allegations of copying were disproved.
  • Leonard Cohen v. Kelley Lynch, et al. -- Successfully represented renowned recording artist in lawsuit alleging embezzlement and negligence against former manager and lawyer of artist.
  • Voigt v. Penguin Group (USA), Inc., et al. -- Defended publisher Penguin Putman in copyright action relating to novel Zodiac Unmasked regarding the famous Zodiac killer.
  • Richard Peterson, et al. v. Highland Music, Inc., et al. -- Defended successful trial court judgment before the Ninth Circuit Court involving copyrights of the music group The Kingsmen, reported at 140 F. 3d 1313 (9th Cir. 1998).
  • Zoetrope Corporation, etc. v. Carl Sagan, Deceased, et al. -- Represented the Estate of Carl Sagan in a theft of idea action brought by Francis Ford Coppola concerning the motion picture Contact.  Obtained summary judgment which was affirmed on appeal.
  • Warner Bros., Inc. v. The James Dean Foundation Trust, et al. -- Represented the family of James Dean and its licensing agent, the Curtis Management Group, in a successful federal court trial over merchandising and Dean's right of publicity.
  • Rice v. Fox Broadcasting Co., Inc.; International Creative Management,
    Inc.
    -- Obtained summary judgment for ICM in a copyright infringement action over the television show The Mystery Magician.
  • Eric Wright, et al. v. Sony Music Entertainment Inc., et al. -- Represented Sony Music in a RICO lawsuit in federal district court between rappers Eazy E and Dr. Dre.
  • WB Communications, etc. v. Gaylord Broadcasting Co., et al. and
    Warner Bros. Domestic Television Distribution v. Gaylord Broadcasting Co., et al.
    -- Represented CBS in a dispute with a rival network over the affiliation of certain television stations.
  • Event Entertainment, Inc. v. The Mirage Casino-Hotel and Golden Nugget, Inc. -- Represented The Mirage Casino-Hotel in profit participation litigation concerning cable broadcasts of heavyweight prizefights.
  • Hemdale Film Corporation v. Orion Pictures Corporation -- Represented Orion Pictures in profit participation litigation concerning the motion pictures Hoosiers, Terminator and Platoon.
  • Donna Whitman v. Community Television of Southern California (KCET) --Represented KCET in an action involving alleged theft of ideas and copyright violation relating to a television series.
  • Salma Hayek -- Represented actress Salma Hayek in dispute involving unauthorized use of her name and likeness on the Internet to sell adult entertainment.

REPRESENTATIVE TRADEMARK MATTERS

  • University of Southern California (numerous matters) -- Representing University of Southern California in all trademark matters, including trademark registration and prosecution before the PTO, trademark proceedings before the Trademark Trial and Appeal Board, and trademark enforcement against infringers.
  • Century 21 Real Estate Corporation v. 21st Century Insurance Group -- Represented 21st Century Insurance Group in a proceeding before the Trademark Trial and Appeal Board concerning a trademark dispute.
  • 21st Century Insurance Group v. 21st Century Insurance and Financial Services -- Represented 21st Century Insurance Group in federal trademark litigation against a competitor using a similar name.
  • Amwest Insurance Group, Inc. v. Amwest Financial Network, Inc. -- Obtained preliminary injunction against defendant using similar name; case then settled with permanent injunction in favor of our client.
  • Finish Line Running Store v. The Finish Line -- Successfully tried trademark infringement action involving the Internet, on behalf of a national retailer of running shoes and athletic apparel.
  • Air Age, Inc. v. Daisy Publishing Company, Inc. d/b/a Hi-Torque Publications -- Represented Daisy Publishing in a trademark action in Connecticut relating to a magazine title.

REPRESENTATIVE COMMERCIAL MATTERS

  • United States of America v. Parsons Corporation -- Successfully defended Parsons in month-long federal jury trial brought by United States Government concerning construction of a Geothermal energy plant.  Successfully defended judgment in Ninth Circuit Court.
  • Tannen v. University of Southern California -- Defended USC in three-week state court jury trial involving allegations by former Chairman of Department of Medicine that he was wrongly demoted from his chairmanship.  Case settled during jury deliberations.
  • Kadish v. Jewish Community Centers of Greater Los Angeles -- Defeated premise liability claims against the Jewish Community Centers for injuries sustained when white supremacist stormed day-school and opened fire, injuring several people, before killing a postman.  The appellate opinion, found at 5 Cal.Rptr.3d 394, currently is the authoritative study of California law in this area.
  • Sierra Pacific Industries, Inc. v. GE Plastics -- Served as lead counsel in multi million dollar arbitration which involved allegations of product failure in plastic-clad windows manufactured using CYCOLAC® and GELOY® plastic resins.  The case settled at mediation.
  • Fox Sports Net West LLC v. 10000 Millennium Plaza, et al. -- Represented Fox in significant lease dispute with its landlord which sought to prevent Fox from exercising its early termination option under its lease.  Case settled very favorably on eve of trial after Fox prevailed on a critical motion in limine.
  • University of Southern California - Serve as outside litigation counsel to USC handling many types of cases including antitrust, employment litigation, probate litigation, sports litigation and tenure disputes.  Successfully defended USC in Ninth Circuit Court of Appeals in an antitrust Section 1 Sherman Act challenge to the athletic eligibility rules of the Pac-10 and the NCAA (252 F.3d 1059).  Also advise the University on all of its trademark matters.
  • Sotheby's Holdings, Inc. v. Michel Cohen, et al. -- Represented Sotheby's in writ of attachment proceedings to recover proceeds from sale of famous stolen artwork.
  • Bijan Fragrances, Inc. v. Jerudong Park Hotel, et al. -- Represented Government of Brunei in lawsuit brought by clothing and fragrance designer Bijan concerning large commercial contract for fragrances.
  • United Parcel Services -- Represented UPS in numerous commercial litigation matters (frequently obtaining writs of attachment) against shipping services which sought to defraud UPS through various shipping schemes.