Litigation

From New York to Los Angeles, and everywhere in between, Fox Rothschild has the presence and experience to help our corporate and individual entertainment and sports industry clients succeed when facing disputes that may require resolution via litigation.

We represent:

  • Television and production companies
  • News and media companies
  • Entertainment conglomerates
  • Motion picture studios
  • Investors and financiers
  • Distributors
  • Music industry corporate entities
  • Recording artists
  • Actors, writers, directors and other talent
  • Athletic conferences
  • Professional sports teams
  • Professional athletes
  • Major college athletic programs
  • Amateur sport governing bodies

Our entertainment and sports law litigators provide a comprehensive, multidisciplinary approach to litigation and dispute resolution. We handle a wide range of matters including disputes involving intellectual property, defamation and First Amendment issues, among others.

Fox understands the entertainment and sports businesses. Some of our attorneys have been in-house counsel for such entertainment organizations as record companies and film studios, seeing first-hand how litigation affects a company, its executives, attorneys and other employees. Others have been athletes and sports agents. This real-world insight adds an important perspective that helps us provide meaningful strategic guidance. 

We offer clients practical and clear advice, thoughtful strategies and forward-looking analysis. Our clients can feel secure that dedicated, loyal legal counsel who are deeply experienced in their industry are looking out for their interests through all phases of the business: development, production and distribution.

Representative Matters

  • Won Anti-SLAPP motion in defending producers and distributor of the motion picture “Nurse 3D” against right of publicity, trademark, and breach of contract claims. De la Huerta v. Lions Gate Entertainment Corp., 2017 WL 4676234 (Cal. Ct. App. 2017)
  • Won motion to dismiss in defending the motion picture “Walk of Shame” against claims of alleged copyright infringement. Shame on You Productions, Inc. v. Elizabeth Banks, 120 F. Supp. 3d 1123 (C.D. Cal. 2015) aff’d 690 Fed. Appx. 519 (9th Cir. 2017), cert. den., 138 S. Ct. 323 (2017).
  • Successfully obtained, with prejudice, dismissal of copyright claim asserted against the motion picture “Django Unchained” following oral argument of motion to dismiss. Colvin, Jr., et al. v. Tarantino, et al., Case No. 1:15-CV-02250 (TSC) (D.D.C Complaint filed Dec. 24, 2015).
  • Obtained judgment for full amount of client’s claim in dispute between producer and motion picture distribution company over adequacy of rights licensed by producer for exploitation in territories outside United States. Maple Pictures Corp. v. CPG, Inc., Case No. 2:10-cv-03508 AHM (RZx).
  • Represent film and television producers/distributors against idea submission claims.
  • Represent motion picture distributors in opposing trademark claims based upon title and/or the content of motion pictures, including raising First Amendment defenses and traditional trademark defenses.
  • Represented motion picture distributor in asserting claims and obtaining preliminary injunction enjoining rival motion picture distributor’s advertising campaign in seminal trademark case based upon the use in all media of “from the Creator of Scream” tagline.
  • On behalf of Dirt Motor Sports, the major sanctioning body of dirt track racing, obtained summary judgment in the U.S. District Court for the Western District of Pennsylvania and secured the dismissal of an antitrust complaint seeking in excess of $90 million in damages plus significant non-monetary relief that went to the core of the client’s business. Also successfully defended the result before the U.S. Court of Appeals for the Third Circuit, which affirmed the summary judgment.
  • Represent motion picture financiers/distributors in connection with E&O insurance coverage disputes.
  • Represent film distributors with respect to MPAA rating appeals, including to reduce ratings from “NC17” to “R” and from “R” to “PG13.”
  • Represent motion picture distributors in opposing defamation, right of privacy and right of publicity claims in connection with “docudramas” and documentaries.
  • Represent motion picture distributors in connection with a variety of contract disputes, including providing pre-litigation counseling and negotiation advice and defending and prosecuting such claims. 
  • Represented Apple Corps Ltd. and Apple Records Inc. in lawsuit against Capitol Records Inc. and EMI Records Limited asserting substantial claims contesting royalty accountings issued in connection with the sale of Beatles recordings.
  • Obtained dismissal of copyright infringement and related claims on behalf of a media company and producers based on allegations that the idea, characters and themes for their hit television show were stolen.
  • Represented plaintiff – the owner of a sports franchise – alleging antitrust violations against the its league. Client alleged that the defendants, along with the member clubs of the league, had become an illegal cartel and had engaged in a conspiracy to unreasonably restrain trade.
  • Litigate disputes concerning player movement between competing professional leagues.