Harvey W. Geller

Experience

Litigation

• Office Depot, Inc. v. AIG Specialty Ins. Co., No. 2:15-cv-02416, 2016 WL 6106408 (C.D. Cal. June 6, 2016). Obtained judgment in favor of media liability insurer holding that insurer had no duty to reimburse $15 million in defense expenses or to indemnify $77.5 million settlement of a whistleblower suit. The court found that section 533 of the California Insurance Code precluded any duty to defend or indemnify the qui tam lawsuit alleging violations of the California False Claims Act.
• UMG v. MySpace; UMG v. Grouper; UMG v. DivX; UMG v. Veoh. First copyright infringement actions involving the scope of the DMCA safe harbors filed against social networking sites.
• MGM v. Grokster. Copyright infringement action involving P2P file-sharing service which resulted in seminal U.S. Supreme Court decision establishing claim for inducement of copyright infringement.
• UMG Recordings, Inc. v. Bertelsmann; UMG v. Hummer Winblad Venture Partners. Copyright infringement actions brought against investors in Napster after Napster filed for bankruptcy. Case established law for pursuing investors and resulted in significant settlements.
• A&M v. Napster. First contributory and vicarious copyright infringement action involving P2P file-sharing service. Resulted in influential Ninth Circuit decision.
• Arista v. LimeWire. Contributory and vicarious infringement action involving biggest P2P file-sharing service. Settled during trial for one of largest copyright settlements in history.
• Flo & Eddie v. Sirius XM. Multiple class action litigations establishing performance right in pre-1972 recordings in California, New York, and Florida.
• Flo & Eddie v. Pandora Media. Class action litigation establishing performance right in pre-1972 recordings in California.
• Mattel v. MCA. Defended trademark and dilution claims concerning the name “Barbie.” Obtained summary judgment, which was affirmed on appeal by Ninth Circuit in major trademark and First Amendment decision.
• UMG Recordings v. MP3.com. Direct copyright infringement action involving the creation of a database of 80,000 recordings. Obtained summary judgment on liability and $53 million judgment after damages trial.
• In re Minimum Advertised Price Litigation. Defended against antitrust class actions brought by attorneys general in 42 states and private consumers alleging vertical and horizontal agreements in connection with minimum advertising price policies.
• In re CD Antitrust Litigation. Defended against antitrust class actions brought by retailers and consumers alleging horizontal agreement with respect to CD pricing.
• Federal Trade Commission v. Polygram. Defended against price-fixing action brought by FTC with respect to Three Tenors recordings.
• Lemelson Foundation v. Universal. Defended against patent dispute regarding vision technology used in the manufacture of CDs.
• Project Hubcap. Created one of the largest nationwide anti-piracy enforcement efforts, which resulted in thousands of lawsuits against individual users of P2P services.
• Lee v. Decca. Defended against class action brought by recording artists with respect to royalty payments.
• HLC v. MCA. Defended against royalty claims brought by Bing Crosby's heirs. Case resulted in significant California Supreme Court decision defining the scope of the attorney-client privilege.
• MCA v. Sehorn. Unfair competition action involving 25,000 pre-1972 recordings. Case won at trial and affirmed on appeal.
• Steiner v. ABC. Copyright infringement class action involving thousands of songs used in soap operas. Case resulted in $65 million settlement.
• TVT v. IDJ. Defended against interference claims. Adverse trial judgment of $132 million successfully reversed on appeal in Second Circuit.

Government Investigations 

• New York Attorney General Investigation
  • Handled investigation regarding compliance with the “payola” laws.
• Department of Justice Online Investigation
  • Handled investigation regarding online activities.
• Federal Trade Commission COPPA Investigation
  • Handled investigation regarding compliance with COPPA.
• Federal Trade Commission Violence Investigation
  • Handled investigation into whether recorded music companies market violence to children.
• Murder Inc. Investigation
  • Handled investigation regarding potential money laundering activities.

Recognition

• BTI Client Service All-Stars (2023)
• 50 Top IP Lawyers, Los Angeles Daily Journal (2015, 2016)
• Power Lawyers, Hollywood's Top 100 Attorneys, Hollywood Reporter (2015)
• Top 5 Music Litigation Attorney, Billboard Magazine (2015)
• 100 Top Entertainment Lawyers, Los Angeles Daily Journal (2014)

Professional & Community Involvement

Credentials

Background

• Of Counsel, Gradstein & Marzano, Los Angeles, CA (2014–2016)
• Of Counsel, Steptoe & Johnson LLP, Los Angeles, CA (2012–2013)
• Deputy General Counsel, SVP Business and Legal Affairs, Universal Music Group, Los Angeles, CA (1995–2012)
• Partner, Mitchell Silberberg & Knupp LLP, Los Angeles, CA (1987–1995)

Areas of Focus