Professional Experience Mr. Mallen's practice focuses on entertainment, media and copyright litigation. He is co-chair of the firm's national Entertainment Litigation Department. He has: · Defended numerous lawsuits for alleged copyright infringement of musical compositions, including cases involving recording artists such as The Rolling Stones, Mariah Carey, Amy Grant, Ice Cube, Robert Kelly, KISS, The Beastie Boys, Ozzy Osbourne, Kid Rock, Destiny's Child, Gregg Allman and Kenny Loggins. · Represented recording artist John Fogerty in an audit dispute with the publisher of his musical compositions over songwriter's royalties, a dispute against the former members of the group Creedence Clearwater Revival over the right to use the group's name and a breach of contract dispute with a concert promoter. · Successfully tried to a jury verdict in the United States District Court, District of Nevada, an unfair competition case on behalf of the Estate of Bob Marley over the unauthorized use of Bob Marley's image and persona. · Successfully tried to a jury verdict in the United States District Court, Central District of California, a copyright infringement lawsuit involving iconic photographs featuring Marilyn Monroe. · Represented Summit Entertainment in a copyright infringement and trademark infringement lawsuit and obtained a preliminary injunction in connection with Summit's Twilight motion picture franchise. · Successfully tried to a jury verdict in the United States District Court an unfair competition action resulting in an award of over $3,000,000. · Successfully arbitrated a dispute on behalf of recording artist R. Kelly against concert promoter Rowe Entertainment resulting in an award in excess of $3,000,000. · Successfully tried to a verdict in the United States District Court a declaratory relief and copyright infringement action between two music publishers over the ownership of a music catalog. · Obtained summary judgment for television station owner Sinclair Broadcast Group, Inc., subsequently affirmed on appeal, in a $100 million breach of contract case in which The United Paramount Network ("UPN") sought damages and to enjoin nine Sinclair-owned television stations from switching their network affiliation from UPN to The WB Network. · Negotiated and litigated audit disputes in the motion picture, television, recording, publishing and merchandising industries, including recording industry audits involving The Who, Fleetwood Mac and The Estate of Kurt Cobain (Nirvana), a motion picture audit brought on behalf of the heirs of the original producers of "Gone With The Wind," a motion picture audit over the "Lord of the Rings" motion pictures, television audits over the "Golden Girls" and "Everybody Loves Raymond" television shows, and a merchandising audit over "KISS" action figures. · Represented Anschutz Entertainment Group in an arbitration with Nederlander-Downtown, Inc. over the exclusive booking rights to the Staples Center, in a dispute pending in Las Vegas over the development of the Celine Dion Theatre at Caesar's Palace, and in a dispute over booking rights at the Forum in Inglewood. · Obtained an injunction for the recording group KISS in a lawsuit brought in United States District Court over the unauthorized release and distribution of a concert DVD in the first civil case prosecuted under the federal anti-bootlegging statute. · Represented Concord Records, Inc. in two lawsuits for alleged entitlement to royalties and credit arising out of the release of the Grammy award-winning Ray Charles record album, "Genius Loves Company." · Obtained a complete dismissal for Beach Boy Brian Wilson in a series of lawsuits brought by fellow Beach Boy Mike Love, over the right to exploit certain compositions and sound recordings and obtained attorneys fees award of $625,000. · Litigated declaratory relief and copyright infringement actions over interests in renewal term copyrights to musical compositions and in connection with the purchase and sale of music catalogs. · Litigated cases for breach of contract and violation of the Lanham Act over the failure of actors, recording artists and other talent to receive agreed-upon credit, including the defense of an action brought by composer and arranger Lalo Schifrin against the promoters/producers of the worldwide "Three Tenors" telecast and the defense of separate actions brought against recording artists KISS and Ozzy Osbourne over songwriting credit. · Litigated numerous actions involving the rights of publicity of celebrities, including a recent action on behalf of golfer Tiger Woods against the Franklin Mint over unauthorized merchandise, which resulted in the granting of a preliminary injunction. · Litigated so-called "seven year" issues in the recording industry under California Labor Code § 2855 surrounding the termination of recording contracts by artists such as Metallica, Tracy Chapman, Courtney Love and 311. · Litigated issues surrounding the termination of band members, dissolution of recording group partnerships and the rights in and to recording groups' names, including disputes among members of the recording groups Smashing Pumpkins, Sugarland, Bad Company, Supertramp, 4 Non Blondes, Offspring, The Beach Boys, Parliament-Funkadelic and Creedence Clearwater Revival. · Litigated cases for declaratory relief and/or breach of contract regarding whether or not a contract was formed including, without limitation, the defense of actor Rob Schneider in a lawsuit over whether or not he agreed to star in and "set up" a theatrical motion picture, the defense of the Estate of John Phillips regarding whether or not Phillips entered into an agreement regarding a television motion picture based on his life story and his role in the recording group "The Mamas and Papas," and the defense of recording artist Neil Young and others in connection with a lawsuit over whether or not a joint venture was formed to exploit Neil Young-related video projects, the defense of recording artist Brian Wilson over the alleged formation of a joint venture to produce recordings, and the defense of Ozzy and Sharon Osbourne over an alleged venture to exploit a television show. · Represented home video distributor Image Entertainment, Inc. in disputes arising out of a merger transaction and distribution agreement. · Litigated a dispute between competing recording companies over the sale of the assets of one company to the other. · Litigated copyright actions in the motion picture industry involving the alleged infringement of literary property. · Litigated disputes between motion picture producers, distributors and sales agents over the rights to distribute theatrical motion pictures. · Litigated disputes involving secured transactions in literary property and motion picture transactions, including the foreclosure of security interests. · Represented a foreign broadcasting company in several anti-piracy and contract disputes involving U.S. suppliers of television programming. · Defended a music booking agency in a major antitrust dispute brought in the Southern District of New York against every major booking agency and concert promoter involving an alleged conspiracy in restraint of trade to exclude certain parties from the concert promotion business. · Represented a syndicate of foreign film financiers in a dispute with a studio over the profits due from a series of motion pictures. · Litigated disputes between artists and managers, including arbitrations before the Labor Commissioner and disputes involving artists including Enrique Iglesias and Tool. · Litigated guild and AFMA arbitrations. · Defended a copyright infringement, trade secrets and unfair competition action involving the alleged misappropriation and copying of a computer database. · Litigated Lanham Act and unfair competition claims arising out of deceptive album packaging. · Litigated defamation actions brought by and against public figures, including a wrongful death case receiving national attention brought against the recording act Slayer over song lyrics. · Litigated several disputes among publishers and authors to literary works and between recording artist Neil Young and the co-author of his authorized biography. Memberships & Activities Admitted to practice in California. Admitted to practice before the United States District Court, Central, Northern, Southern and Eastern Districts of California; the United States Court of Appeals, Ninth Circuit. Honors & Awards Southern California Super Lawyer, Entertainment, 2004 - 2012. Top Five Copyright Lawyers, Los Angeles Daily Journal, 2008. Featured panelist on the Association of Independent Music Publisher's panel on music copyright litigation. Featured panelist on right of publicity law at the 2011 Texas Bar Association's Annual Entertainment Law Institute. Featured in Music Connection Magazine's "Executive Profile", May 2010. Publications Articles Board of Editors, Entertainment Law and Finance (Law Journal Newsletters). Published article, "Persona Rights on Trial - Inside the Nevada Litigation by Bob Marley's Heirs Against the Unauthorized Use of Marley's Image," Entertainment Law and Finance, March 2011. Published Decisions Fifty-Six Hope Road Music, Ltd., v. A.V.E.L.A., Inc., 688 F. Supp. 2d 1148 (D. Nev. 2010). Love v. The Mail on Sunday, 489 F. Supp. 2d 1100, (C.D. Cal., May 10, 2007). Love v. The Mail on Sunday, 473 F. Supp. 2d 1052, (C.D. Cal., February 08, 2007). Kiss Catalog, Ltd. v. Passport Intern. Productions, Inc., 405 F. Supp. 2d 1169 (C.D. Cal. 2005). Newton v. Diamond, 349 F.3d 591 (9th Cir. 2003). Pahler v. Slayer, 2001 WL 1736476 (Cal. Sup. Ct. Oct. 29, 2001). LaCour v. Time Warner Inc., Copy L. Rep. (CCH) P28,108. Cusano v. Klein, 196 F. Supp 2d (C.D. Cal. 2002). |