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David A. Steinberg

Partner, through his Professional Corporation - los angeles

Experience

Legal Expertise

David A. Steinberg is a partner in Mitchell Silberberg & Knupp’s Entertainment & IP Litigation Practice Group, based in the Los Angeles office. Mr. Steinberg is one of the foremost authorities on intellectual property issues, focusing on representing music, motion picture, television, and media companies in copyright, trademark, anti-circumvention/Digital Millennium Copyright Act (DMCA), unfair competition, and trade secrets matters. As a member of MSK’s Video Game Industry Group, he also advises major video game and interactive entertainment clients on right of publicity, right of privacy, First Amendment, fair use, and misappropriation claims.

Mr. Steinberg's experience spans entertainment and general business litigation in state and federal courts, courts of appeal, and numerous arbitration tribunals. Additionally, he provides strategic counsel on publishing, distribution, and licensing deals, and advises on complex contractual disputes and intellectual property and technology agreements. 

Representative Matters

  • Represents all of the major record companies as well as independent record companies and music publishing companies in all types of litigation matters, including royalty disputes, copyright claims, related business disputes, and class actions.
  • Generally represents film/TV production companies in a variety of disputes, including royalty disputes, licensee issues, copyright and trademark matters. 
  • Represented one of the world’s first independent developer and distributor of video games in a high-profile trademark dispute in the Southern District of New York involving challenges to the realistic depictions of the military vehicle, HUMVEE, in Call of Duty.
  • Obtained summary judgment on behalf of Activision Blizzard against Axl Rose’s tort and contract claims concerning Guitar Hero III.
  • Prevailed in an anti-SLAPP motion on behalf of Take-Two Interactive and Rockstar Games against right of publicity claim and claims of fraud and misappropriation of likeness regarding the lead character in their hugely popular video game Grand Theft Auto: San Andreas.  
  • Currently defending a developer and publisher of video games in a contractual dispute concerning services rendered for a popular eSports world championship tour.
  • Successfully represented Post Malone and the producer Frank Dukes adverse to a putative songwriter who brought claims of joint ownership in both the sound recording and composition of the hit song “Circles.” 
  • Obtained a favorable resolution on behalf of songwriter and music producer Dr. Luke in his decade long defamation case against Kesha Sebert. 
  • As co-lead counsel for the defense, obtained judgment as a matter of law, following jury trial, on behalf of all Defendants, dismissing Plaintiff’s copyright infringement claim that Jay Z and Timbaland’s song “Big Pimpin’” infringed his alleged copyright in an Egyptian composition.
  • Successfully confirmed, at arbitration, a movie studio’s rights in a top grossing film franchise.
  • Obtained a multi-million dollar judgment against a satellite broadcasting system on behalf of an international television network.
  • Represented one of the largest internet entertainment content providers in all aspects of trademark, copyright, First Amendment, right of publicity and litigation matters.
  • Represented plaintiffs and defendants in various right of publicity, right of privacy, and misappropriation matters, involving musicians, recording artists, athletes, actors and personalities. 
  • Obtained multi-million dollar verdict after trial for insurance company in international fraud case. 
  • Represented well-known television personality in dispute with management/production company, successfully terminating management contract. 
  • Successfully defended well known entrepreneurs and their companies from wrongful termination lawsuits. 
  • Successfully defended (after trial) major record company in dispute over ownership of sound recordings, rights of publicity, and credit issues. 
  • Achieved summary judgment for well-known musicians against claim for royalties and breach of contract. 
  • Successfully represented record companies/producers/songwriters in copyright dispute and “sampling” issues. 
  • Represents musical groups and their members in litigation over group names. 
  • Prevailed at numerous arbitrations for international film distributors in disputes over foreign distribution rights. 
  • Represented several law firms in successful defense of malpractice claims. 
  • Successfully represented musical group in contract claim by former manager.

Honors & Awards

  • "Top Music Lawyers," Billboard (2023-2024)
  • AV® Preeminent™ Rating, Martindale-Hubbell

Professional, Business and civic Affiliations

  • American Bar Association, Litigation Section

Headlines

Events & Speaking Engagements

Admissions

  • California, 1987
  • U.S. Supreme Court 
  • U.S.D.C., Central District of California
  • U.S.D.C., Eastern District of California 
  • U.S.D.C., Southern District of California 
  • U.S.D.C., Northern District of California 

Education

University of California Los Angeles School of Law, J.D., 1987

Binghamton University, State University of New York, B.A., 1984, with Honors

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