Practice Areas

  • Entertainment
  • Civil Litigation
  • Copyright & Trademark
  • Libel and Slander
  • Unfair Competition

Education

  • Stanford Law School, 1989, J.D.
    • Associate Managing Editor, Stanford Law Review, 1988 - 1989
  • Harvard University, 1984, B.A.
    • cum laude

Admissions

  • California, 1989
  • U.S. Court of Appeals 9th Circuit, 1990

Contact

2049 Century Park East
Suite 3110
Los Angeles, CA 90067

Email:
Phone: 310-277-3333
Fax: 310-277-7444
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Member

Robert S. Gutierrez

Mr. Gutierrez is a member of LP&S who handles all aspects of Civil Litigation and Entertainment Law, including matters of Copyright & Trademark, Idea Submission, Libel & Slander, and Unfair Competition.

He is a graduate of Stanford Law School, where he served as Associate Managing Editor of the Law Review. He earned his bachelor’s degree from Harvard University.

Selected Experience:

  • Obtained summary judgment for Pure Flix Entertainment in breach of implied contract action filed against the motion picture God's Not Dead.
  • Obtained dismissal for Pure Flix Entertainment in two separate copyright infringement actions filed against the motion picture God's Not Dead.
  • Defended beneficiaries of composer Jimmy Holiday's ex-wife in dispute over ownership of royalties from Jimmy Holiday compositions.
  • Obtained summary judgment dismissing implied in fact contract and breach of confidence claims against the Imagine Television/Twentieth Century Fox Film Corporation television series Lie to Me, based on findings of clear and detailed proof of independent creation and lack of access.
  • Defended Discovery Communications, Inc. over a television broadcast of The Prosecutors and successfully argued before the California Court of Appeal that the California Supreme Court's decision in Briscoe v. Reader's Digest Association, Inc., 4 Cal.3d 529 (1971) was no longer good law.  On appeal of that decision, obtained a decision by the California Supreme Court officially overruling BriscoeGates v. Discovery Communications, Inc., 34 Cal.4th 679 (2004).
  • Obtained summary judgment for Miramax Film Corp. and writers in breach of implied-in-fact contract claim over motion picture RoundersGrosso v. Miramax Film Corp., 2007 WL 2585053
  • Obtained summary judgment for Wayans Bros. Productions on claims for copyright infringement and breach of implied-in-fact contract over motion picture White Chicks.  A Slice of Pie Productions, LLC v. Wayans Bros. Entertainment, 487 F.Supp.2d 33 (D. Conn. 2007), 487 F.Supp.2d 41 (D. Conn. 2007).
  • Defended ABC Cable Networks Group in two breach of implied-in-fact contract actions over television series Hannah Montana
  • Defended DreamWorks Animation in claim for copyright infringement over motion picture Flushed Away.
  • Defended DreamWorks Animation in claim for breach of implied-in-fact contract over motion picture Bee Movie.
  • Defended publisher Thomas Nelson, Inc. against defamation claim filed against book Through the Storm by Lynne Spears, mother of pop star Britney Spears.
  • Defended producers of motion picture The Killer Inside Me in dispute over remake rights to underlying novel.
  • Defended DVD distributor against right of publicity claims by actresses Michelle Pfeiffer, Diane Keaton, Mandy Moore, Sandra Bullock, Cameron Diaz and Kate Hudson.
  • Defended Merv Griffin Entertainment, Inc. against breach of implied-in-fact contract claim over television game show Merv Griffin’s Crosswords.
  • Defended Kevin Costner and related producers against claim for producer credit on motion picture Open Range.
  • Defended publisher of Santa Barbara Independent in copyright infringement action filed by publisher of The Santa Barbara News-Press.
  • Obtained summary judgment for Twentieth Century Fox on copyright infringement claim against motion picture Titanic.
  • Obtained summary judgment for CBS and writers and producers on copyright infringement claim against television movie of the week.  Weygand v. CBS, Inc., 43 U.S.P.Q.2d 1120 (C.D. Cal. 1997)
  • Obtained summary judgment for producers on copyright infringement claim against USA Network police drama Pacific Blue.
  • Defended numerous publishers in various actions for defamation and/or invasion of privacy filed by Donna Summer, Rodney Dangerfield, Ed McMahon, Peter Criss, Cher, Anna Nicole Smith, and others.
  • Obtained terminating sanctions against plaintiff in defamation action against publisher of Premiere magazine.
  • Defended record company in dispute with rap singer over sound recording catalogue, resulting in multi-million dollar judgment against plaintiff.
  • Defended Chino Unified School District against claims by former principal for defamation and invasion of privacy.

Other Reported Decisions

Films of Distinction v. Allegro Film Productions, Inc.,
12 F.Supp.2d 1068 (C.D. Cal. 1998)

Cochran v. NYP Holdings, Inc.,
58 F.Supp.2d 1113 (C.D. Cal. 1998)

Los Angeles News Service v. Conus Communications Company LP,
969 F.Supp. 579 (C.D. Cal. 1997)

Fodor v. Berglas, 23 Med. L. Rptr. 1498 (C.D. Cal. 1994)

Dangerfield v. Star Editorial, Inc., 817 F.Supp. 833 (C.D. Cal. 1993)

Publications:

  • California Appellate Court Affirms Summary Judgment Dismissing Implied Contract Claim Against Rounders Motion Picture, MLRC MediaLawLetter, September, 2007
  • California Appellate Court Rejects Claim For Publication of Old Crime Information, MLRC MediaLawLetter, March, 2003

Professional Activity:

  • Beverly Hills Bar Association, Member
  • Los Angeles County Bar Association, Member
  • California State Bar Association, Member
  • Los Angeles Copyright Society, Member

Selected Recognition:

  • Selected as a Southern California Super Lawyer, 2014-2017