Mr. Bach represents and counsels businesses, individuals, and non-profit clients in contract and intellectual property matters in the film, television, music, technology, fashion, and telecommunications industries; in global regulatory and governmental investigations; and in numerous other disputes and transactions. Mr. Bach was named a 2020 Litigator of the Week, by AmLaw Litigation Daily after obtaining dismissal of claims brought by recording artists against Universal Music Group in a proposed $100 million class action over UMG’s master recording losses in a 2008 warehouse fire. He has been recognized as a 2021 Rising Star in Media and Entertainment Litigation by Legal 500, and as One to Watch in Entertainment and Sports Law in The Best Lawyers in America® 2021. He practiced in the firm’s London office from 2011 to 2013.
Selected Media, Entertainment and Technology Matters:
- Wolf v. NBCUniversal – Successfully defended NBCUniversal in $150 million television profit participation licensing arbitration regarding Law & Order series, including recouping arbitration fees.
- Herring Networks, Inc. v. Maddow et al. – Successfully obtained Anti-SLAPP dismissal of defamation claim brought by owner of television network against Rachel Maddow, MSNBC, NBCUniversal, and Comcast.
- In re Estate of Prince Rogers Nelson – Successfully obtained rescission of licensing agreement and full return of funds for Universal Music Group in deal with Prince’s estate.
- Optimum Prods. v. Home Box Office – Represented HBO against claims filed by Michael Jackson’s Estate over the documentary Leaving Neverland.
- Brown v. Giongco et al. – Successfully obtained full dismissal of claims brought by singer Chris Brown against Philippine church and affiliates regarding alleged extortion following Manila concert.
- Trump v. Trump – Successfully represented Mary Trump in defeating Robert Trump’s effort to enjoin publication of her best-selling memoir.
- Warner/Chappell Music, Inc. v. EMI Entertainment World Inc. et al. – Representing EMI in dispute regarding music publishing royalties.
- Emulex v. Broadcom – Successfully represented Emulex, manufacturer of high-performance storage networking products, against hostile takeover through multi-pronged litigation strategy, involving federal antitrust and state fraud claims, and California Anti-SLAPP components.
- DIRECTV, LLC v. Nexstar Broadcasting, Inc. – Represented DIRECTV in contract action in New York Supreme Court regarding retransmission consent agreement.
- Represented Lionsgate in dispute regarding production option agreement.
- Represented “Big 4” advertising agency in dispute with celebrity regarding marketing campaign.
- Represented film producers and Estate of Carl Sagan regarding right of publicity matters.
- Represented Director Scott Derrickson in contract action brought by The Weinstein Company.
- Counseled technology company regarding trademark, copyright, and right of publicity issues regarding documentary film.
- Conducted regulatory and private-action risk assessment for owner of direct-to-consumer app, including under Communications Decency Act.
- Counseled major retailer on issues of right of publicity and misappropriation of likeness under California law.
Selected Intellectual Property Matters:
- Soundgarden et al. v. UMG Recordings, Inc. – Successfully represented Universal Music Group in a putative class action brought by artists related to master recordings allegedly destroyed in a fire on the Universal Studios backlot, obtaining dismissal of action with prejudice and earning Gibson Dunn’s team an “Impact Case of the Year” Award 2021 by Benchmark Litigation.
- Johansen v. Sony Music Entertainment – Representing Sony Music Entertainment in putative class action brought by recording artists regarding Copyright Act’s Section 203 termination rights.
- LMNO Cable Group, Inc. v. Discovery Communications, LLC – Represented Discovery Communications, LLC in copyright, trademark, profit participation, contract, and fraud litigation against reality television production company.
- Representing Hugh Hefner’s trust and foundation in intellectual property matters, including trademark, copyright and right of publicity.
- Represented Kanye West and Yeezy Apparel, LLC in various IP, regulatory, media, and contract matters.
- Representing and counseling Silicon Valley technology and social media companies in various matters, including copyright, trademark, CDA Section 230, music streaming, and right of publicity issues.
Selected Financial Litigation & Investigations, Regulatory and Antitrust Matters:
- Represented major financial institution in multiple global regulatory and antitrust investigations of manipulation of interest rate benchmarks, including LIBOR and ISDAfix, conducted by the Criminal and Antitrust Divisions of the DOJ, the CFTC, the SEC, the UK Financial Conduct Authority, and other criminal, competition, and regulatory authorities in North America, Europe and the Asia-Pacific region. The investigations involve significant foreign data privacy, compliance, and securities issues.
- Alaska Electrical Pension Fund, et al. v. Bank of America, et al.: Represented financial institution in class action lawsuit in S.D.N.Y. stemming from governmental investigations regarding ISDAFIX benchmark rate.
- In re LIBOR-Based Financial Instruments Antitrust Litigation – Represented financial institution in multi-district litigation class action relating to U.S. Dollar LIBOR benchmark.
- In re Energy Future Holdings Corp. – Represented Berkshire Hathaway Energy in litigation related to bid for Oncor Electric Delivery Co.
- Successfully guided target witness through investigation by Los Angeles Unified School District OIG.
- Represented international non-profit organization in U.S. DOJ investigation.
Other Selected Matters:
- Allen v. Nutro – Successfully obtained complete defense jury verdict for pet food manufacturer in environmental and nuisance action.
- Allergan v. Valeant – Represented pharmaceutical company Allergan in hostile takeover litigation.
- ITX Construction/Consultants, Inc. v. King’s Seafood Company, LLC – Represented restaurant owner in construction defect dispute.
- Represented international law firm in legal malpractice action relating to celebrity’s product licensing.
- Represented international law firm in legal malpractice action in California state court and federal bankruptcy court regarding real estate trust.
- Represented international law firms in bankruptcy proceedings relating to Jewel waiver claims against former partners.
Selected Pro Bono Cases & Matters:
Mr. Bach maintains an active pro bono practice, including the following matters:
- Garcia v. United States – Represented DACA recipients in successful litigation blocking Trump administration’s attempt to terminate the DACA program.
- Ramirez Medina v. U.S. Department of Homeland Security – Representing Dreamer in litigation challenging denial of DACA benefits by U.S. government.
- State v. Martin – Representing defendant, formerly on death row, challenging capital murder conviction in Alabama.
- Partnered with ACLU of Southern California and ACLU of Northern California to successfully protect homeowner’s association member’s free speech rights.
- Represent the Cayton Children’s Museum (fka Zimmer Children’s Museum) in trademark, operational, employment, data privacy, and right of publicity matters.
- Designed and drafted Lawyers Without Borders’ 2014 Liberia Anti-Human Trafficking training program.
- Helped design and draft Lawyers Without Borders’ 2013 Kenyan Anti-corruption training program
- Successfully obtained release of $76m in state funding for educationally related mental health services on behalf of class of mentally disabled children.
- Led litigation team in securing settlement for full amount of liability ($1.6 million) in class action lawsuit on behalf of developmentally disabled foster children.
- University of Oxford: “A Global Onslaught on Existing Speech Norms and Institutions: Coping With Hate Speech, Fake News and Online Violent Extremism” – Panelist, April 2017
- UCLA School of Law: “Royalty Rumble: Entertainment Litigation & Profit Participation Disputes” – Supplemental Practical Legal Education, Presenter, February 2017
Mr. Bach received his law degree in 2006 from UCLA School of Law, where he was an invited member of the Moot Court Honors Program, the ABA Moot Court Team, and was named Outstanding Brief Writer for the Spring 2005 competition. He received his B.A., cum laude, from the University of Pennsylvania in 2002, with a double major in Diplomatic History and French.
Mr. Bach is the editor of Gibson Dunn’s semi-annual Media, Entertainment and Technology Practice Group’s Client Update, covering cutting-edge developments in copyright, trademark, film, television, and music law. (Updates are accessible below.) His writing is also published in Volume 19, Issue 1 of the Georgetown Journal of Legal Ethics (“Trial Lawyer on the Ticket”), and in Getting the Deal Through (“U.S. Enforcement of Foreign Judgments 2014”). He has contributed to work published in the International Arbitration Law Review (“The IBA Rules Lay the Ground for Solutions to Address Electronic-Document-Production Disputes”), and in U.C. Davis Law Review (“United States Immigration Law as We Know It: El Clandestino, the American Gulag, Rounding Up the Usual Suspects”).
During law school, Mr. Bach served as a judicial extern for the Honorable Kim McLane Wardlaw of the Ninth Circuit Court of Appeals and for the Honorable Nora M. Manella of the United Stated District Court, Central District of California.
Mr. Bach led Gibson Dunn’s partnership with Oxford University’s Price Media Law Moot Court Programme, an international advocacy competition that examines global issues of free speech, new technology, and human rights, and includes law students from schools such as the National Law University in Jodhpur, India; Ghent University in Belgium; NYU School of Law; U. of Sao Paulo, Brazil; Cairo University, Egypt; Moi University, Kenya; U. of Oxford; U. of the West Indies, Jamaica; Peking University, China; National University of Kyiv-Mohyla Academy, Ukraine, among many others.
Mr. Bach is a member of the State Bar of California and is admitted to practice before the United States District Court for the Central District of California and the Ninth Circuit Court of Appeals.
Mr. Bach sits on the board of ShareWell, which operates the Cayton Children’s Museum in Santa Monica. He is a member of the LA Copyright Society; the Entertainment Law and Intellectual Property Section of the LA County Bar Association; and the American Bar Association, Communications Law Forum. Mr. Bach is the former co-chair of the American Constitution Society’s Los Angeles Lawyers Chapter.