Zia F. Modabber

Zia F. Modabber is Chair of the firm’s Los Angeles Litigation and Dispute Resolution Practice. His practice incorporates counseling in a wide array of business and entertainment disputes, with particular expertise in the music industry. His general litigation practice focuses on trademark and intellectual property, contract, partnership, business tort and employment disputes, primarily for members of the entertainment industry in the musical recording and publishing, live performance, production, television and merchandising arenas.

Mr. Modabber is a trial lawyer experienced in both state and federal court. He is a member of the American Trial Lawyers Association and was named a Southern California Super Lawyer in Los Angeles Magazine and Southern California Super Lawyers Magazine (2005–2010). He was recently named one of the Top 3000 Leading Lawyers in America by Lawdragon magazine as well as a finalist for Lawdragon 500 Leading Lawyers in America, and was listed in the 2010 and 2011 editions of The Best Lawyers in America.

Representative Experience

Mr. Modabber advises, counsels and litigates in the following areas:

• Copyright, trademark and intellectual property
• Defamation and rights of publicity
• Partnerships (including Band) disputes
• Artist/manager relation and disputes
• Trade secrets
• Labor and employment
• Idea submission
• Trade dress
• Musical recording and publishing
• General business litigation

Significant/Recent Matters

• Scottish American Media, LLC and Maurice Fraser v. Reveille, LLC, Ben Silverman, et. al.—Represented Ben Silverman, Reveille, and a host of other defendants in an “idea submission” case brought by Maurice Fraser, principal of Scottish American Media. Mr. Fraser alleged that the defendants improperly used his ideas when they began developing an American version of the European television song-contest reality show, Eurovision. The court dismissed all claims against all defendants on a motion for summary judgment in late 2007. Reveille LLC—Representing producer of reality-based television shows in connection with claims of idea theft, breach of confidence and related torts. Obtained summary judgment on all claims.
• Trent Reznor/Nine Inch Nails—Represented the founder, owner and creator of Nine Inch Nails in an action for the return of the NIN trademarks and related assets, as well as in disputes concerning the ownership and control of numerous related companies and businesses. Prevailed on all counts in jury trial in Federal District Court, Southern District of New York, resulting in the return of all Nine Inch Nails trademark and intellectual property rights, as well as on all claims and counterclaims relating to breach of fiduciary, breach of contract and fraud.
• Livia Milano v. NBC Universal, Inc., et al.—Represented Reveille, NBC Universal, and producer Ben Silverman, in a copyright infringement claim. Plaintiff alleged that The Biggest Loser infringes on her treatment for a reality television show in which overweight people compete to lose the most weight. In July 2008,this action was dismissed on summary judgment. 
• Jeff Lynne/Electric Light Orchestra—Represented Jeff Lynne as the owner of all trademark and related intellectual property rights in “Electric Light Orchestra.” Obtained preliminary, and ultimately a permanent, injunction in federal court against infringing former band members. 
• Jordan Schur—Represented head of major label(s) in connection with dispute relating to ownership of the band name “Staind.”
• Warner Chappell Music, Michael J. Jackson, et al.—Defeated all claims brought before a 3-judge panel of arbitrators against record label, recording artist and catalog administrator in a defamation action arising out of lyrics to songs on Michael Jackson’s HIStory album. Prevailed on all claims against Mr. Jackson and his companies for alleged breaches of contract and related torts.  
• Smith-Hemion Productions v. MJJ Productions, Inc., Michael Jackson et al.—Represented all defendants in lawsuit brought by a TV production company alleging lost profits in connection with a live televised awards program. Prevailed at trial in federal court on all claims.
• Fred Moroz v. Chevy Chase, Disney et al.—Represented Chevy Chase in connection with fraud and related claims. Unanimous jury verdict on all counts for Mr. Chase.
• MJJ Productions, Inc.—Represented Michael Jackson and his production company in connection with alleged gender discrimination and wrongful termination claims. Obtained summary judgment on all claims against all defendants, and prevailed at trial on clients’ cross-claims.
• Williams et al. v. MJJ Productions, Michael Jackson et al.—Represented all defendants in a wrongful termination lawsuit. Obtained verdict after trial for all defendants on all claims.

Past and Current Clients

Mr. Modabber has represented Aerosmith, Chevy Chase, Ben Silverman, Reveille, NBC, Nine Inch Nails/Trent Reznor, Michael Jackson, Jordan Schur, Slash/Guns N Roses Music and Sony Music.

Mr. Modabber received his Bachelor of Arts degree in English from the University of California, Berkeley in 1984, and his Juris Doctorate degree from Loyola Law School, Los Angeles in 1988. He is a member of the St. Thomas More Honor Society and is a former staff member, editor and published author of Loyola’s International and Comparative Law Journal.

Mr. Modabber is a member of the State Bar of California, and is admitted to practice in all the California state courts, as well as the United States District Court for the Central and Northern Districts of California and the Ninth Circuit Court of Appeals.