Gail Migdal Title is a partner in the Litigation and Dispute Resolution practice, head of the Entertainment and Media Litigation practice and formerly served as managing partner of the Los Angeles (Century City) office for 14 years until 2011. Her practice covers all aspects of the entertainment industry, from motion picture and television development, finance and production, to distribution in all media worldwide. She handles a broad range of legal and business issues that arise in the entertainment industry, with emphasis in intellectual property matters, including copyright, trademark and trade secret claims, contract disputes and business torts.
Gail has successfully litigated precedent-setting intellectual property disputes including Montz v. Pilgrim Films & Television, Inc. et al., in which the Ninth Circuit sitting en banc addressed the scope of copyright preemption of state law claims for breach of implied-in-fact contract and breach of confidence and Grosso v. Miramax, where she represented amici in the Ninth Circuit and Miramax before the US Supreme Court.
As an advocate, Gail has an outstanding record of success, winning many cases outright, resolving others brought against her clients with minimal or no payments and, whenever possible, guiding clients to resolve disputes without litigation. In the past five years, she has won dismissals in nearly all of her cases, including many matters of complex participation and copyright infringement. These cases include a complex profit participation and fraud action against NBCUniversal and the producers of the series Heroes claiming copyright infringement and misappropriation; a complex profit participation and fraud action against Universal Studios involving several hundred million dollars in claims brought by actor Kevin Sorbo in connection with the popular TV series Hercules; several idea submission cases alleging that her clients improperly used plaintiffs’ ideas in developing a weight-loss reality television show; and a copyright infringement and idea theft case against DreamWorks in connection with the television series Las Vegas.
An active mediator and arbitrator, Gail provides alternative dispute resolution services for a broad cross-section of commercial disputes ranging from entertainment law, general business and contracts to intellectual property including copyrights and trademarks. She has been a mediator for the US District Court, Central District of California for business and commercial litigation and copyright and trademark matters since 2005. She is also a member of the American Arbitration Association on Entertainment and Commercial Litigation panels. On behalf of the Los Angeles Superior Court Alternative Dispute Resolution Program, Gail has served as a neutral for disputes involving fraud, unfair competition, non-compete and tortious interference claims, defamation, the Fair Employment and Housing Act, insurance coverage, negligence and real estate. She has over 100 hours of mediation and arbitration education, and has trained with the Pepperdine, Straus Institute for Dispute Resolution; the US District Court Advanced Mediation Training; and the Los Angeles County Bar Association Dispute Resolution Services.
Gail is chair of the Magistrate Judge Merit Selection Panel for the Central District of California and has also served as a lawyer representative to the Ninth Circuit Judicial Conference. She is currently president of the Los Angeles Copyright Society.