Practice Areas

  • Intellectual Property
  • Copyright
  • Implied Contract
  • Trademark
  • Right of Publicity
  • Defamation
  • Civil Litigation

 

Education

  • University of California at Los Angeles School of Law, 1971, J.D.
  • University of California, Los Angeles, 1968, A.B.

Admissions

  • California, 1972
  • U.S. Supreme Court
  • U.S. Court of Appeals 3rd Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 6th Circuit
  • U.S. Court of Appeals 9th Circuit

Contact

2049 Century Park East
Suite 3110
Los Angeles, CA 90067

Email:
Phone: 310.277.3333 x3303
Fax: 310.277.7444
Download vCard

Of Counsel

Joel McCabe Smith

2049 Century Park East, Suite 3110
Los Angeles, California 90067
Telephone: 310-277-3333 Fax: 310-277-7444
E-Mail: jsmith@lpsla.com
Web site: www.lpsla.com

Education:

  • U.C.L.A. School of Law: 1968 to 1971
  • Juris Doctor Degree awarded June, 1971
  • Class Standing (First Year): Top 5%
  • Law Review, Member
  • Moot Court, Selected for Membership
  • Student Bar Association, Elected Representative
  • U.C.L.A.: 1965 to 1968
  • B.A. Degree (Political Science) awarded June, 1968
  • University of California at Berkeley: 1964

Professional Experience:

Of Counsel: 2008 to the Present

  • Leopold, Petrich & Smith
  • A Professional Corporation
  • 2049 Century Park East, Suite 3110
  • Los Angeles, California 90067-3274

Mediator / Arbitrator: 2006 to Present

  • April 2006:Selected by the Los Angeles County Superior Court as a Member of theEarly Neutral Evaluation Panel
  • August 2006: Selected by the United States District Court, Central District of California, as a Member of the Attorney Settlement Officer Panel

Partner/Shareholder: 1978 to 2005

  • Leopold, Petrich & Smith
  • Partner: 1976 to 1978
  • Ball, Hunt, Hart, Brown & Baerwitz
  • 445 South Figueroa Street
  • Thirty-Third Floor
  • Los Angeles, California 90071

Associate: 1971 to 1976

  • Ball, Hunt, Hart, Brown & Baerwitz

Court Admissions:

  • United States Supreme Court
  • California Supreme Court
  • United States Courts of Appeal:
  • Sixth Circuit
  • Seventh Circuit
  • Ninth Circuit
  • United States District Courts:
  • Central District of California
  • Southern District of California
  • Western District of Washington

Areas of Practice:

  • Intellectual Property Disputes
  • Commercial Disputes
  • Real Estate Disputes
  • Malpractice (Legal & Medical) Disputes
  • Insurance Coverage Disputes
  • Mediation / Arbitration

Representative Litigations (in which counsel for party)

  • Downing v. Abercrombie & Fitch, 265 F.3d 994 (U.S. Court of Appeals 9th Circuit 2001)
  • FASA Corp. v. Playmates Toys, Inc., 108 F.3d 140 (U.S. Court of Appeals 7th Circuit 1997)
  • Harper House, Inc. v. Thomas Nelson, Inc., 889 F.2d 197 (U.S. Court of Appeals 9th Circuit 1989)
  • Houts v. Universal City Studios, Inc., 603 F.Supp. 26 (U.S. District Court Central District of California 1984)
  • Harper House, Inc. v. Thomas Nelson, Inc., 19 U.S.P.Q.2d 1303 (U.S. District Court Central District of California 1991)
  • Mann v. Columbia Pictures, Inc., 128 Cal. App. 3d 628 (1982)
  • McGuiness v. Motor Trend Magazine, 129 Cal. App. 3d 59 (1982)

Professional Activities:

Adjunct Professor, University of Southern California,
Annenberg School for Communications,
"Mass Communications Law" (2003)

Lecturer, Los Angeles Copyright Society
"Silver Screen Stars, Stooges and
Surfers: California's Right of Publicity
Law in the aftermath of Hoffman, Saderup and Abercrombie"

Lecturer, Risk & Insurance Management Society, Inc.
Conference Panelist, "Entertainment" Session (2001)

Lecturer, University of Kansas
Media & The Law Seminar
Panelist: "Ethics: What Lawyers Can and
Can't Say To The Media" (1999)

Lecturer, American Bar Association
Forum on Communications,
"Cams, Scams and Legal Jams - News,
Infotainment, and the First Amendment:
“An examination of the developing law
of TV news, magazines, docudramas,
reality-based programming and parody'" (1996)

Lecturer, U.S. Copyright Society
Panelist, Mid-Winter Meeting
"Copyright Litigation" (1995)

Lecturer, American Bar Association,
Intellectual Property Law, Commercial Torts
and Defamation Torts Committees,
"Creativity Versus The Copier: The Trial Of
A Copyright Action,"
Direct And Cross Examination Of An Expert
Witness Issue Of Substantial Similarity Of
Two Dramatic Works (1987)

Lecturer, U.S.C. Law Institute,
"Entertainment Litigation" Seminar (1986)

Lecturer, Los Angeles Copyright Society,
"The Legal Effect Of The Beatlemania Litigation,
Apple v. Leber, et al." (1986)

Lecturer, Beverly Hills Bar Association,
Trial Advocacy Program: The Trial Of A Business
Entertainment Lawsuit,
"Examination Of An Expert Witness
And Defendant's Key Witness" (1982)

Lecturer, Los Angeles Copyright Society,
"The Legal Impact of the Shampoo Litigation,
Mann v. Columbia, etc., et al." (1982)

Lecturer, Los Angeles County Bar Association,
Intellectual Property And Unfair Competition
Section,
"Copyrights -- A Look Into The
1980's" Defense Trial Analysis -- Techniques
And Tactics (1981)

Lecturer, Beverly Hills Bar Association,
Trial Advocacy Program: The Trial Of A
Business -- Entertainment Case, "Practical
And Tactical Considerations Presented In A
Business Entertainment Jury Trial" (1981)

Arbitrator, SAG-ATA,
(appointed and acted on several occasions
as an Arbitrator in disputes between members
of the Screen Actors Guild and the Association
of Talent Agents in matters relating
to commission disputes)

Arbitrator, Wong's International v. Public Service Mutual Insurance,
Los Angeles Superior Court Case No. BC 190194
(retained as an arbitrator pursuant to California Civil
Code 2860(c) to resolve a dispute between
the insured and the carrier concerning
attorneys' fees)

Expert, Ervin, Cohen & Jessup LLP vs. Northern Insurance Company of
NewYork, etc.,et al.,
Los Angeles Superior Court Case No. BC 342 159
(retained as an expert in a legal malpracticecase arising
out ofarising out of a copyright infringement lawsuit)

Expert, Midiman, etc., v. Farmers Insurance, etc.,
Los AngelesSuperior Court Case No. BC 162 800
(retained as an expert in "bad faith" insurance litigation
over the viability of copyright claims and defenses to
copyright claims in an underlying litigation
between Midiman and a third party)

Expert, Marciano, et al. v. Nakash, et al.,
Los Angeles Superior Court Case No. C524327
(retained as an expert in trademark/trade name
law by Court appointed Provisional Director
to a deadlocked Board of Directors in litigation
between shareholders/directors of a multi-million
dollar wearing apparel corporation)

Expert, Ponderosa Ranch v. NBC,
Los Angeles Superior Court Case No. C418481
(retained as an expert in "rights of publicity"
law by the National Broadcasting Company in
litigation over the nature and extent of certain
contractual grants of rights to the name and
likeness of one of the lead characters of the
"Ponderosa" television series)

Los Angeles Municipal Court, Judge, Pro Tem
(1978 to 1985)

Publications:

Libel Defense Resource Center
Newsletter: October 22, 2001
"Ninth Circuit Permits Right of Publicity
to Trump First Amendment"
[a legal analysis of the Ninth Circuit Court's
opinion in Downing v. Abercrombie & Fitch]

ABA, First Amendment and Media Litigation
Committee Newsletter: October 2001
"Hoffman v. Los Angeles Magazine:
Redux" [a legal analysis of the Ninth
Circuit Court's opinion in Hoffman v. Los
Angeles Magazine]

Libel Defense Resource Center
Newsletter: March 1999
"Toot, Toot, Tootsie, Don't Cry"
[a legal analysis of the District Court's opinion
in Hoffman v. Los Angeles Magazine]

Professional Associations:

American Bar Association
Intellectual Property Section
Litigation Section

California State Bar Association
Intellectual Property Section
Litigation Section
Business Law Section

Los Angeles County Bar Association
Member, Executive Committee,
Barristers (1975-1977)

Beverly Hills Bar Association
Member, Board of Governors,
Barristers (1973-1974)

Los Angeles Copyright Society

Martindale-Hubbell / "AV" Rating