David Halberstadter

David Halberstadter concentrates his practice in litigation, specifically in the representation of institutional entertainment industry clients in litigation and arbitration matters relating to all aspects of motion picture and television conception, development, finance, production, and distribution. He has a broad range of knowledge of legal and business issues that arise in the entertainment industry, including the law of ideas, motion picture and television clearance, "first look" deals, "turnaround" provisions, negative pick-up agreements, "pay or play" rights, licenses for theatrical, pay television, network, basic cable and off-network exhibition, credit rights, spin-off, sequel and remake rights, to name only a few.

Mr. Halberstadter has extensive experience defending the intellectual property rights of institutional clients against claims of copyright infringement and unfair competition, idea misappropriation and plagiarism, as well as prosecuting their claims for copyright and trademark infringement in connection with the sale and distribution of both competing entertainment products and the unauthorized distribution of unlicensed (counterfeit) products and merchandise. A particularly active area of his practice involves the defense of claims by motion picture and television "profit participants" respecting the manner in which they have been accounted to for contingent compensation. Mr. Halberstadter has handled nearly 50 matters involving claims by the writers, producers, directors and stars of television series and theatrical motion pictures, and co-authored the entertainment industry's amicus curiae brief to the Court of Appeal in the highly-publicized Buchwald v. Paramount litigation. Mr. Halberstadter has become one of the leading authorities on profit participant challenges to transactions between affiliates in "vertically integrated" entertainment corporations.

Mr. Halberstadter regularly provides non-litigation counseling on a wide range of issues particular to the entertainment industry, including chain-of-title matters, privacy and defamation, rights of publicity and the potential rights and obligations arising from incompletely documented contractual relationships. He frequently reviews books, films, screenplays and motion picture treatments to assess the potential for claims by third parties, including copyright infringement and unfair competition, title similarity (in violation of the rules of the Motion Picture Association of America), and invasion of privacy and defamation claims by persons and entities portrayed in such works. He has analyzed such issues in connection with well over 100 motion picture and television projects.

Mr. Halberstadter is listed as a Southern California Super Lawyer in Los Angeles Magazine and Southern California Super Lawyers Magazine (2004 – 2010) and was named one of California’s Top 75 Intellectual Property Litigators for 2010 by the Daily Journal.

Mr. Halberstadter received his B.A. degree from Cornell University in 1979 and his Juris Doctor degree, magna cum laude, from Georgetown University in 1982, graduating in the top one percent of his class. While attending Georgetown, Mr. Halberstadter was an editor of the law school's international law journal. Prior to joining the Firm, he was an Entertainment Litigation Partner at Troop Steuber Pasich Reddick & Tobey, LLP. 

Bar Activities and Affiliations

Mr. Halberstadter is an Executive Committee member of the Intellectual Property & Entertainment Law section of the Los Angeles County Bar Association and a member of the intellectual property section of the American Bar Association. He is also a member of the litigation sections of both Associations, as well as a member of the Los Angeles Copyright Society. Mr. Halberstadter is admitted to practice in California and before the U.S. Court of Appeals for the Ninth Circuit.

Publications and Speaking

Mr. Halberstadter has lectured and written on subjects relating to the rights and obligations of entertainment industry companies, including the enforcement of copyrights and trademark rights against bootleggers of videocassettes and merchandise, potential claims arising from the exploitation of "reality-based" motion pictures, conflicts of interest for attorneys practicing in the entertainment industry, preservation of the attorney-client privilege in the corporate context, profit participations, vertical integration of the motion picture and television industries and the prevention of "cyber-piracy." He is a current entertainment law columnist for the Los Angeles Daily Journal and San Francisco Daily Journal. His more recent publications include the following:

• "A Million Little Lies Boost Copyright Protection," Los Angeles Daily Journal, February 9, 2006
• "Bill May Protect Trademark Too Well, Risk Free Speech," Los Angeles Daily Journal, October 28, 2005
• "Hobson's Choice Awaits  Artist Work Portraying Celebrities," Los Angeles Daily Journal, July 21, 2004
• "Appeals Court Applies Fair Use in Unpredictable Ways," Los Angeles Daily Journal, February 6, 2004
• "Movie Clips Replacing Studio's Own Trailers Are Not Fair Use," Los Angeles Daily Journal, October 24, 2003
• "'Winters' and 'Comedy III' Still Leave Courts With Gray Area," Los Angeles Daily Journal, June 27, 2003
• "But It's a Joke! Balancing the Interests of Parodists Against Copyright and Trademark Owners Without Clear Guidelines," IP Litigator, March/April 2003
• "Fair-Use Defense Is Central to Decision in 'Beach Boys' Case," Los Angeles Daily Journal, February 28, 2003
• "Movie Sweepstakes Promotions Require Careful Legal Planning," Los Angeles Daily Journal, September 27, 2002
• "Many Unprotectable Similarities May Add Up to Infringement," Los Angeles Daily Journal, June 28, 2002
• "Copyright Licensee Must Have Owner's Approval to Sublicense," Los Angeles Daily Journal, March 22, 2002
• "Just Kidding: Courts Determine Parody on a Case-by-Case Basis," Los Angeles Daily Journal, December 28, 2001
• "Saving Face: Right of Publicity is Subordinate to Magazine's First Amendment Protection," Los Angeles Daily Journal, August 24, 2001
• "Regulations Abound in Offering Online Sweepstakes," Los Angeles Business Journal, July 30, 2001
• "Killer Connection: Judge Throws Out Suit Against Makers of Violent Movie," Los Angeles Daily Journal, April 27, 2001
• "Facing the Music," Los Angeles Lawyer, April 2001