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As a partner in our Healthcare practice, his diverse clientele includes prominent hospitals and health systems, medical groups, independent physician associations, management services organizations, and other health care providers and entities. On behalf of providers, he has both resolved significant disputes with health plans and negotiated high-profile contracts with them, as well as solved disagreements with other providers.\u0026nbsp; He has helped providers obtain several hundred million\u0026nbsp;dollars through underpayments recoveries, contract improvements, and negotiations.\u0026nbsp; He also has successfully defended against similarly large amounts of alleged overpayments.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eGlenn\u0026rsquo;s expertise allows him to break down complex disputes to identify and achieve the best options for his clients, whether that be through litigation, arbitration, mediation, or resolved through contractual negotiation. His clients have recovered combined awards and settlements totaling over several hundred million dollars on the plaintiffs\u0026rsquo; side; and have successfully avoided alleged financial exposures of similar figures on the defendants\u0026rsquo; side.\u003c/p\u003e\n\u003cp\u003eOver the course of his career, Glenn has litigated, arbitrated, mediated and resolved disputes involving managed care, contracting, management services, class actions, internal and external investigations, fraud and abuse, business relations, reimbursement, trade secrets, misappropriation, real estate, employment, and discrimination. His broad health industry experience involves dealings with health plans, insurance companies, ERISA plans, self-funded plans, qui tam relators, employees, other providers and the government. Glenn\u0026rsquo;s versatile background has allowed him to be a court-designated expert witness.\u003c/p\u003e\n\u003cp\u003eGlenn also has experience representing clients in other industries such as telecommunications, accounting, retail, and banking.\u003c/p\u003e\n\u003cp\u003eGlenn is also recognized by Legal 500 (2024) as a Key Lawyer in HealthCare: Service Providers, which group has been ranked Tier 1 for this industry.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eGlenn continues to be recognized by Legal 500 (2025) as a Key Lawyer in HealthCare: Service Providers.\u003c/p\u003e\n\u003cp\u003eGlenn also has been recognized by Chambers USA, LA Attorney Individual Ranking for Healthcare.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eGlenn has been selected for the Los Angeles Business Journal's 2025 Leaders of Influence: Litigators \u0026amp; Trial Attorneys.\u003c/p\u003e","slug":"glenn-solomon","email":"gsolomon@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented\u003cem\u003e\u0026nbsp;\u003c/em\u003e\u003cstrong\u003eCalifornia Hospital Association\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eCalifornia Medical Association\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eRegional Medical Center of San Jose, and Good Samaritan Hospital\u003c/strong\u003e\u0026nbsp;as amici in\u0026nbsp;\u003cem\u003eCounty of Santa Clara v. Sup. Ct.\u003c/em\u003e, 14 Cal.5th 1034 (2023), in which the California Supreme Court, reversing a lower court decision, held that government owned health plans are subject to the Knox-Keene Act and lawsuits for reimbursement by out-of-network providers; potential impact exceeds hundreds of millions of dollars for California out-of-network providers.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCEP America California dba Vituity\u003c/strong\u003e\u0026nbsp;against Heritage Provider Network regarding underpayments for out-of-network emergency physician services at many hospitals, resulting in jury award in April 2023, against the health plan on claims exceeding $10 million.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCalifornia Hospital Association\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eCalifornia Medical Association\u003c/strong\u003e, and a plaintiff class of\u0026nbsp;\u003cstrong\u003eCalifornia hospitals\u003c/strong\u003e\u0026nbsp;against Blue Cross regarding post-claims underwriting; court-approved settlement pool of $11.8 million for the benefit of all California hospitals that were affected by Blue Cross\u0026rsquo;s rescissions of patient policies.\u003c/p\u003e","\u003cp\u003eRepresented plaintiff's class of California \u003cstrong\u003eAmbulatory Surgery Centers\u0026nbsp;\u003c/strong\u003eagainst United Healthcare, Ingenix (now Optum) and dozens of self-funded plans regarding out-of-network payments; class settlement reached for $9.5 million for the benefit of California ASCs.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eChildren's Hospital Central California\u003c/strong\u003e\u0026nbsp;against Blue Cross of California in which appeals court held that the parties can present to the jury ona variety of evidence, includingthe hospital's charges, contracted rates and government rates, but not the costs to render the services at issue.\u003c/p\u003e","\u003cp\u003eJury verdict for\u0026nbsp;\u003cstrong\u003eChildren's Hospital Central California\u0026nbsp;\u003c/strong\u003edetermining plan was liable at 100% of charges for post-stabilization services rendered by hospital when plan failed to transfer Medi-Cal managed care beneficiaries to alternative providers; jury rejected plan's argument that hospital had not received authorization or been deemed authored.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCalifornia Hospital Association\u003c/strong\u003e, plus a national dialysis provider and a putative class of ambulatory surgery centers nationwide, in obtaining court order that national class action settlement agreement regarding United\u0026rsquo;s reimbursement practices to non-contracted physicians doesn\u0026rsquo;t bar facilities from pursuing underpayment claims for facility services.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eC/HCA, Inc.\u003c/strong\u003e\u0026nbsp;in federal court to obtain preliminary injunction against Regence Blue Cross Blue Shield of Utah from marketing the hospitals as being in-network providers for new tiered network product that was not contemplated by the parties\u0026rsquo; contract.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCoast Plaza Doctors Hosp.\u003c/strong\u003e\u0026nbsp;against an Anthem Blue plan in appeals court decision that providers aren\u0026rsquo;t preempted from pursuing direct state law claims against non-self-funded ERISA health plans and can sue such plans, rather than as assignees of the patient\u0026rsquo;s ERISA benefits.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eMount Diablo Medical Center\u003c/strong\u003e\u0026nbsp;in successful defeat of Health Net of California's motion to compel arbitration where dispute also involved the health plan's entity who was not subject to arbitration in multiparty capitation network dispute.\u003c/p\u003e","\u003cp\u003eRepresented prominent\u0026nbsp;\u003cstrong\u003epsychiatric hospitals\u0026nbsp;\u003c/strong\u003ein complex negotiations with the city of Los Angeles for a pre-filing settlement and stipulated judgment to resolve allegations of improper psychiatric patient discharges and then develop patient safety standards with the city for wider use as part of a year-long collaborative task force.\u003c/p\u003e","\u003cp\u003eRepresented a number of prominent non-profit hospitals in\u0026nbsp;\u003cstrong\u003eclass action defense\u0026nbsp;\u003c/strong\u003eagainst uninsured patients challenging various charges and billing practices.\u003c/p\u003e","\u003cp\u003eIn addition to these and other public court matters, Mr. Solomon often resolves matters outside the court system, through settlement negotiations, mediations and arbitrations for providers throughout the country. Over the course of his career he has worked on matters collectively generating\u0026nbsp;\u003cstrong\u003eseveral hundred million dollars\u0026nbsp;\u003c/strong\u003efor his provider clients in additional revenue from underpayments and avoided recoupment of similar amounts in alleged overpayments.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":24,"guid":"24.capabilities","index":0,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":12,"guid":"12.capabilities","index":3,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":4,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":5,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":6,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":7,"source":"capabilities"},{"id":740,"guid":"740.smart_tags","index":8,"source":"smartTags"},{"id":122,"guid":"122.capabilities","index":9,"source":"capabilities"},{"id":1185,"guid":"1185.smart_tags","index":10,"source":"smartTags"},{"id":1187,"guid":"1187.smart_tags","index":11,"source":"smartTags"}],"is_active":true,"last_name":"Solomon","nick_name":"Glenn","clerkships":[],"first_name":"Glenn","title_rank":9999,"updated_by":34,"law_schools":[{"id":824,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"1991-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Key Lawyer in HealthCare: Service Providers","detail":"Legal 500, 2024"},{"title":"Martindale-Hubbell","detail":"AV Rated"},{"title":"Southern California Super Lawyers","detail":"2013-2020"},{"title":"Best Lawyers in America","detail":"2013-2020"}],"linked_in_url":"https://www.linkedin.com/in/glenn-solomon-1188b52/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eGlenn Solomon specializes in commercial and government managed care, complex business litigation, arbitration, mediation, class action, investigations, and other dispute resolution matters. As a partner in our Healthcare practice, his diverse clientele includes prominent hospitals and health systems, medical groups, independent physician associations, management services organizations, and other health care providers and entities. On behalf of providers, he has both resolved significant disputes with health plans and negotiated high-profile contracts with them, as well as solved disagreements with other providers.\u0026nbsp; He has helped providers obtain several hundred million\u0026nbsp;dollars through underpayments recoveries, contract improvements, and negotiations.\u0026nbsp; He also has successfully defended against similarly large amounts of alleged overpayments.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eGlenn\u0026rsquo;s expertise allows him to break down complex disputes to identify and achieve the best options for his clients, whether that be through litigation, arbitration, mediation, or resolved through contractual negotiation. His clients have recovered combined awards and settlements totaling over several hundred million dollars on the plaintiffs\u0026rsquo; side; and have successfully avoided alleged financial exposures of similar figures on the defendants\u0026rsquo; side.\u003c/p\u003e\n\u003cp\u003eOver the course of his career, Glenn has litigated, arbitrated, mediated and resolved disputes involving managed care, contracting, management services, class actions, internal and external investigations, fraud and abuse, business relations, reimbursement, trade secrets, misappropriation, real estate, employment, and discrimination. His broad health industry experience involves dealings with health plans, insurance companies, ERISA plans, self-funded plans, qui tam relators, employees, other providers and the government. Glenn\u0026rsquo;s versatile background has allowed him to be a court-designated expert witness.\u003c/p\u003e\n\u003cp\u003eGlenn also has experience representing clients in other industries such as telecommunications, accounting, retail, and banking.\u003c/p\u003e\n\u003cp\u003eGlenn is also recognized by Legal 500 (2024) as a Key Lawyer in HealthCare: Service Providers, which group has been ranked Tier 1 for this industry.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eGlenn continues to be recognized by Legal 500 (2025) as a Key Lawyer in HealthCare: Service Providers.\u003c/p\u003e\n\u003cp\u003eGlenn also has been recognized by Chambers USA, LA Attorney Individual Ranking for Healthcare.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eGlenn has been selected for the Los Angeles Business Journal's 2025 Leaders of Influence: Litigators \u0026amp; Trial Attorneys.\u003c/p\u003e","matters":["\u003cp\u003eRepresented\u003cem\u003e\u0026nbsp;\u003c/em\u003e\u003cstrong\u003eCalifornia Hospital Association\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eCalifornia Medical Association\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eRegional Medical Center of San Jose, and Good Samaritan Hospital\u003c/strong\u003e\u0026nbsp;as amici in\u0026nbsp;\u003cem\u003eCounty of Santa Clara v. Sup. Ct.\u003c/em\u003e, 14 Cal.5th 1034 (2023), in which the California Supreme Court, reversing a lower court decision, held that government owned health plans are subject to the Knox-Keene Act and lawsuits for reimbursement by out-of-network providers; potential impact exceeds hundreds of millions of dollars for California out-of-network providers.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCEP America California dba Vituity\u003c/strong\u003e\u0026nbsp;against Heritage Provider Network regarding underpayments for out-of-network emergency physician services at many hospitals, resulting in jury award in April 2023, against the health plan on claims exceeding $10 million.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCalifornia Hospital Association\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eCalifornia Medical Association\u003c/strong\u003e, and a plaintiff class of\u0026nbsp;\u003cstrong\u003eCalifornia hospitals\u003c/strong\u003e\u0026nbsp;against Blue Cross regarding post-claims underwriting; court-approved settlement pool of $11.8 million for the benefit of all California hospitals that were affected by Blue Cross\u0026rsquo;s rescissions of patient policies.\u003c/p\u003e","\u003cp\u003eRepresented plaintiff's class of California \u003cstrong\u003eAmbulatory Surgery Centers\u0026nbsp;\u003c/strong\u003eagainst United Healthcare, Ingenix (now Optum) and dozens of self-funded plans regarding out-of-network payments; class settlement reached for $9.5 million for the benefit of California ASCs.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eChildren's Hospital Central California\u003c/strong\u003e\u0026nbsp;against Blue Cross of California in which appeals court held that the parties can present to the jury ona variety of evidence, includingthe hospital's charges, contracted rates and government rates, but not the costs to render the services at issue.\u003c/p\u003e","\u003cp\u003eJury verdict for\u0026nbsp;\u003cstrong\u003eChildren's Hospital Central California\u0026nbsp;\u003c/strong\u003edetermining plan was liable at 100% of charges for post-stabilization services rendered by hospital when plan failed to transfer Medi-Cal managed care beneficiaries to alternative providers; jury rejected plan's argument that hospital had not received authorization or been deemed authored.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCalifornia Hospital Association\u003c/strong\u003e, plus a national dialysis provider and a putative class of ambulatory surgery centers nationwide, in obtaining court order that national class action settlement agreement regarding United\u0026rsquo;s reimbursement practices to non-contracted physicians doesn\u0026rsquo;t bar facilities from pursuing underpayment claims for facility services.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eC/HCA, Inc.\u003c/strong\u003e\u0026nbsp;in federal court to obtain preliminary injunction against Regence Blue Cross Blue Shield of Utah from marketing the hospitals as being in-network providers for new tiered network product that was not contemplated by the parties\u0026rsquo; contract.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCoast Plaza Doctors Hosp.\u003c/strong\u003e\u0026nbsp;against an Anthem Blue plan in appeals court decision that providers aren\u0026rsquo;t preempted from pursuing direct state law claims against non-self-funded ERISA health plans and can sue such plans, rather than as assignees of the patient\u0026rsquo;s ERISA benefits.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eMount Diablo Medical Center\u003c/strong\u003e\u0026nbsp;in successful defeat of Health Net of California's motion to compel arbitration where dispute also involved the health plan's entity who was not subject to arbitration in multiparty capitation network dispute.\u003c/p\u003e","\u003cp\u003eRepresented prominent\u0026nbsp;\u003cstrong\u003epsychiatric hospitals\u0026nbsp;\u003c/strong\u003ein complex negotiations with the city of Los Angeles for a pre-filing settlement and stipulated judgment to resolve allegations of improper psychiatric patient discharges and then develop patient safety standards with the city for wider use as part of a year-long collaborative task force.\u003c/p\u003e","\u003cp\u003eRepresented a number of prominent non-profit hospitals in\u0026nbsp;\u003cstrong\u003eclass action defense\u0026nbsp;\u003c/strong\u003eagainst uninsured patients challenging various charges and billing practices.\u003c/p\u003e","\u003cp\u003eIn addition to these and other public court matters, Mr. Solomon often resolves matters outside the court system, through settlement negotiations, mediations and arbitrations for providers throughout the country. Over the course of his career he has worked on matters collectively generating\u0026nbsp;\u003cstrong\u003eseveral hundred million dollars\u0026nbsp;\u003c/strong\u003efor his provider clients in additional revenue from underpayments and avoided recoupment of similar amounts in alleged overpayments.\u003c/p\u003e"],"recognitions":[{"title":"Key Lawyer in HealthCare: Service Providers","detail":"Legal 500, 2024"},{"title":"Martindale-Hubbell","detail":"AV Rated"},{"title":"Southern California Super Lawyers","detail":"2013-2020"},{"title":"Best Lawyers in America","detail":"2013-2020"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":6579}]},"capability_group_id":2},"created_at":"2026-05-05T16:30:55.000Z","updated_at":"2026-05-05T16:30:55.000Z","searchable_text":"Solomon{{ FIELD }}{:title=\u0026gt;\"Key Lawyer in HealthCare: Service Providers\", :detail=\u0026gt;\"Legal 500, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Martindale-Hubbell\", :detail=\u0026gt;\"AV Rated\"}{{ FIELD }}{:title=\u0026gt;\"Southern California Super Lawyers\", :detail=\u0026gt;\"2013-2020\"}{{ FIELD }}{:title=\u0026gt;\"Best Lawyers in America\", :detail=\u0026gt;\"2013-2020\"}{{ FIELD }}Represented California Hospital Association, California Medical Association, Regional Medical Center of San Jose, and Good Samaritan Hospital as amici in County of Santa Clara v. Sup. Ct., 14 Cal.5th 1034 (2023), in which the California Supreme Court, reversing a lower court decision, held that government owned health plans are subject to the Knox-Keene Act and lawsuits for reimbursement by out-of-network providers; potential impact exceeds hundreds of millions of dollars for California out-of-network providers.{{ FIELD }}Represented CEP America California dba Vituity against Heritage Provider Network regarding underpayments for out-of-network emergency physician services at many hospitals, resulting in jury award in April 2023, against the health plan on claims exceeding $10 million.{{ FIELD }}Represented California Hospital Association, California Medical Association, and a plaintiff class of California hospitals against Blue Cross regarding post-claims underwriting; court-approved settlement pool of $11.8 million for the benefit of all California hospitals that were affected by Blue Cross’s rescissions of patient policies.{{ FIELD }}Represented plaintiff's class of California Ambulatory Surgery Centers against United Healthcare, Ingenix (now Optum) and dozens of self-funded plans regarding out-of-network payments; class settlement reached for $9.5 million for the benefit of California ASCs.{{ FIELD }}Represented Children's Hospital Central California against Blue Cross of California in which appeals court held that the parties can present to the jury ona variety of evidence, includingthe hospital's charges, contracted rates and government rates, but not the costs to render the services at issue.{{ FIELD }}Jury verdict for Children's Hospital Central California determining plan was liable at 100% of charges for post-stabilization services rendered by hospital when plan failed to transfer Medi-Cal managed care beneficiaries to alternative providers; jury rejected plan's argument that hospital had not received authorization or been deemed authored.{{ FIELD }}Represented California Hospital Association, plus a national dialysis provider and a putative class of ambulatory surgery centers nationwide, in obtaining court order that national class action settlement agreement regarding United’s reimbursement practices to non-contracted physicians doesn’t bar facilities from pursuing underpayment claims for facility services.{{ FIELD }}Represented C/HCA, Inc. in federal court to obtain preliminary injunction against Regence Blue Cross Blue Shield of Utah from marketing the hospitals as being in-network providers for new tiered network product that was not contemplated by the parties’ contract.{{ FIELD }}Represented Coast Plaza Doctors Hosp. against an Anthem Blue plan in appeals court decision that providers aren’t preempted from pursuing direct state law claims against non-self-funded ERISA health plans and can sue such plans, rather than as assignees of the patient’s ERISA benefits.{{ FIELD }}Represented Mount Diablo Medical Center in successful defeat of Health Net of California's motion to compel arbitration where dispute also involved the health plan's entity who was not subject to arbitration in multiparty capitation network dispute.{{ FIELD }}Represented prominent psychiatric hospitals in complex negotiations with the city of Los Angeles for a pre-filing settlement and stipulated judgment to resolve allegations of improper psychiatric patient discharges and then develop patient safety standards with the city for wider use as part of a year-long collaborative task force.{{ FIELD }}Represented a number of prominent non-profit hospitals in class action defense against uninsured patients challenging various charges and billing practices.{{ FIELD }}In addition to these and other public court matters, Mr. Solomon often resolves matters outside the court system, through settlement negotiations, mediations and arbitrations for providers throughout the country. Over the course of his career he has worked on matters collectively generating several hundred million dollars for his provider clients in additional revenue from underpayments and avoided recoupment of similar amounts in alleged overpayments.{{ FIELD }}Glenn Solomon specializes in commercial and government managed care, complex business litigation, arbitration, mediation, class action, investigations, and other dispute resolution matters. As a partner in our Healthcare practice, his diverse clientele includes prominent hospitals and health systems, medical groups, independent physician associations, management services organizations, and other health care providers and entities. On behalf of providers, he has both resolved significant disputes with health plans and negotiated high-profile contracts with them, as well as solved disagreements with other providers.  He has helped providers obtain several hundred million dollars through underpayments recoveries, contract improvements, and negotiations.  He also has successfully defended against similarly large amounts of alleged overpayments. \nGlenn’s expertise allows him to break down complex disputes to identify and achieve the best options for his clients, whether that be through litigation, arbitration, mediation, or resolved through contractual negotiation. His clients have recovered combined awards and settlements totaling over several hundred million dollars on the plaintiffs’ side; and have successfully avoided alleged financial exposures of similar figures on the defendants’ side.\nOver the course of his career, Glenn has litigated, arbitrated, mediated and resolved disputes involving managed care, contracting, management services, class actions, internal and external investigations, fraud and abuse, business relations, reimbursement, trade secrets, misappropriation, real estate, employment, and discrimination. His broad health industry experience involves dealings with health plans, insurance companies, ERISA plans, self-funded plans, qui tam relators, employees, other providers and the government. Glenn’s versatile background has allowed him to be a court-designated expert witness.\nGlenn also has experience representing clients in other industries such as telecommunications, accounting, retail, and banking.\nGlenn is also recognized by Legal 500 (2024) as a Key Lawyer in HealthCare: Service Providers, which group has been ranked Tier 1 for this industry. \nGlenn continues to be recognized by Legal 500 (2025) as a Key Lawyer in HealthCare: Service Providers.\nGlenn also has been recognized by Chambers USA, LA Attorney Individual Ranking for Healthcare. \nGlenn has been selected for the Los Angeles Business Journal's 2025 Leaders of Influence: Litigators \u0026amp; Trial Attorneys. Partner Key Lawyer in HealthCare: Service Providers Legal 500, 2024 Martindale-Hubbell AV Rated Southern California Super Lawyers 2013-2020 Best Lawyers in America 2013-2020 University of California, Berkeley University of California, Berkeley, School of Law Harvard University Harvard Law School U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the Central District of California U.S. District Court for the Eastern District of California U.S. District Court for the Northern District of California U.S. District Court for the Southern District of California California Texas American Health Lawyers Association Healthcare Financial Management Association California Society of Healthcare Attorneys American Bar Association, Health Law and Litigation Sections California Bar Association, Litigation Section Los Angeles County Bar Association, Health Care and Litigation Sections Cedars-Sinai Medical Center, Board of Governors, Executive Committee The Maple Counseling Center, Board of Directors, Executive-Finance-Budget Committees Represented California Hospital Association, California Medical Association, Regional Medical Center of San Jose, and Good Samaritan Hospital as amici in County of Santa Clara v. Sup. Ct., 14 Cal.5th 1034 (2023), in which the California Supreme Court, reversing a lower court decision, held that government owned health plans are subject to the Knox-Keene Act and lawsuits for reimbursement by out-of-network providers; potential impact exceeds hundreds of millions of dollars for California out-of-network providers. Represented CEP America California dba Vituity against Heritage Provider Network regarding underpayments for out-of-network emergency physician services at many hospitals, resulting in jury award in April 2023, against the health plan on claims exceeding $10 million. Represented California Hospital Association, California Medical Association, and a plaintiff class of California hospitals against Blue Cross regarding post-claims underwriting; court-approved settlement pool of $11.8 million for the benefit of all California hospitals that were affected by Blue Cross’s rescissions of patient policies. Represented plaintiff's class of California Ambulatory Surgery Centers against United Healthcare, Ingenix (now Optum) and dozens of self-funded plans regarding out-of-network payments; class settlement reached for $9.5 million for the benefit of California ASCs. Represented Children's Hospital Central California against Blue Cross of California in which appeals court held that the parties can present to the jury ona variety of evidence, includingthe hospital's charges, contracted rates and government rates, but not the costs to render the services at issue. Jury verdict for Children's Hospital Central California determining plan was liable at 100% of charges for post-stabilization services rendered by hospital when plan failed to transfer Medi-Cal managed care beneficiaries to alternative providers; jury rejected plan's argument that hospital had not received authorization or been deemed authored. Represented California Hospital Association, plus a national dialysis provider and a putative class of ambulatory surgery centers nationwide, in obtaining court order that national class action settlement agreement regarding United’s reimbursement practices to non-contracted physicians doesn’t bar facilities from pursuing underpayment claims for facility services. Represented C/HCA, Inc. in federal court to obtain preliminary injunction against Regence Blue Cross Blue Shield of Utah from marketing the hospitals as being in-network providers for new tiered network product that was not contemplated by the parties’ contract. Represented Coast Plaza Doctors Hosp. against an Anthem Blue plan in appeals court decision that providers aren’t preempted from pursuing direct state law claims against non-self-funded ERISA health plans and can sue such plans, rather than as assignees of the patient’s ERISA benefits. Represented Mount Diablo Medical Center in successful defeat of Health Net of California's motion to compel arbitration where dispute also involved the health plan's entity who was not subject to arbitration in multiparty capitation network dispute. Represented prominent psychiatric hospitals in complex negotiations with the city of Los Angeles for a pre-filing settlement and stipulated judgment to resolve allegations of improper psychiatric patient discharges and then develop patient safety standards with the city for wider use as part of a year-long collaborative task force. Represented a number of prominent non-profit hospitals in class action defense against uninsured patients challenging various charges and billing practices. In addition to these and other public court matters, Mr. Solomon often resolves matters outside the court system, through settlement negotiations, mediations and arbitrations for providers throughout the country. Over the course of his career he has worked on matters collectively generating several hundred million dollars for his provider clients in additional revenue from underpayments and avoided recoupment of similar amounts in alleged overpayments.","searchable_name":"Glenn Solomon","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":34,"capability_group_featured":null,"home_page_featured":null},{"id":446161,"version":1,"owner_type":"Person","owner_id":3412,"payload":{"bio":"\u003cp\u003eKenneth Steinthal, known for litigating matters in the intellectual property/media sector, is a widely recognized leader in his field, including by \u003cem\u003eNational Law Journal\u003c/em\u003e as a 2016 IP Trailblazer, by \u003cem\u003eLaw360\u003c/em\u003e as 1 of 5 Media \u0026amp; Entertainment MVPs in 2015, by \u003cem\u003eLegal 500\u003c/em\u003e as 1 of only 8 members of its U.S. Copyright Hall of Fame, and on a consistent annual basis (including in 2022) by multiple legal publications including each of \u003cem\u003eLegal 500\u003c/em\u003e, \u003cem\u003eChambers USA, Managing IP (as an IP Star)\u003c/em\u003e and the \u003cem\u003eDaily Journal\u003c/em\u003e\u0026rsquo;s listing of Top Intellectual Property Lawyers. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eKen has four decades of experience litigating matters spanning the IP/media sector, in jury and bench trial settings and before copyright tribunals in the U.S. and internationally. Ken\u0026rsquo;s practice is focused on copyright, DMCA and antitrust/rate-setting cases involving the distribution of audio and audiovisual content. His litigation matters typically involve the defense of copyright infringement claims, the application of DMCA safe harbors and the establishment of structures and rates for the exploitation of copyrighted works in both traditional (e.g., cable, satellite, broadcast) and new media distribution environments. In just the last few years, Ken has led teams on behalf of Google, Peloton, the Radio Music License Committee (representing the interests of the U.S. broadcast radio industry), NPR/PBS, The Orchard, ESPN and Pandora before different courts and tribunals (including the U.S. Copyright Royalty Board) in defense of copyright infringement claims and establishing rate structures governing his clients' exploitation of music licensed by publishers and labels (and their representative organizations).\u003c/p\u003e\n\u003cp\u003eIn a constantly evolving media distribution environment, Ken and his team also regularly counsel clients regarding the licensing implications and risks associated with their existing or contemplated product offerings spanning both traditional and new media. He also assumed an industry-leading role on behalf of the content distribution community (including Netflix, Paramount Global/ViacomCBS, ESPN, Warner Media/HBO, Discovery Communications, AMC Networks, Fox Cable Network Services, iHeartMedia, Google/YouTube, and many others) in connection with the Department of Justice\u0026rsquo;s periodic investigations of the ASCAP and BMI antitrust consent decrees governing the licensing of public performance rights in musical compositions.\u003c/p\u003e","slug":"kenneth-steinthal","email":"ksteinthal@kslaw.com","phone":"+1 917 825 7293","matters":["\u003cp\u003e\u003cstrong\u003eRepresentative Copyright Litigations/Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eIn re Determination of Rates and Terms for Digital Performance of Sound Recordings \u0026hellip; (\u003c/em\u003eknown as the\u0026nbsp;\u003cem\u003eWeb V\u003c/em\u003e\u0026nbsp;proceedings). Ken leads the representation of\u0026nbsp;\u003cstrong\u003eGoogle\u003c/strong\u003e\u0026nbsp;in these Copyright Royalty Board proceedings against the labels/recording industry to determine statutory royalty rates for digital performances of sound recordings made by non-interactive music streaming services under sections 112 and 114 of the Copyright Act (for the statutory license term 1/1/21-12/31/25). A five-week virtual Zoom trial was held in August - September 2020 (which was one of the first virtual trials of that magnitude conducted during the global pandemic), and ultimately led to a 300-page decision issued in June 2021 largely rejecting the labels\u0026rsquo; positions and adopting much of Google\u0026rsquo;s arguments to minimize any rate increases. The labels have appealed the decision, which appeal is ongoing.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Determination of Rates and Terms for Making and Distributing Phonorecords.\u003c/em\u003e\u0026nbsp;Ken leads the representation of\u0026nbsp;\u003cstrong\u003eGoogle\u003c/strong\u003e\u0026nbsp;in the Phonorecords III Copyright Royalty Board proceedings against the music publishing industry that will determine the statutory license rates and terms for the five-year period 2018\u0026ndash;2022; the case involves \"mechanical\" reproduction licenses associated with the distribution of interactive/on-demand streaming services and cloud locker services under section 115 of the Copyright Act. The case is currently on remand to the CRB after the D.C. Circuit\u0026rsquo;s rejection of the publishers\u0026rsquo; core appeal positions while granting the services\u0026rsquo; request to vacate and remand for further proceedings certain aspects of the rate structure adopted by the CRB in its Initial Determination after trial.\u003cem\u003e\u0026nbsp;Johnson v. Copyright Royalty Board\u003c/em\u003e, 969 F.3d 363 (D.C. Cir. 2020). This follows the CRB\u0026rsquo;s initial trial determination agreeing with Google (and other services) in rejecting the core position of the publishers who sought to establish a per-play royalty rate.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eFour Jays Music Company, et al. v. Apple Inc., et al.\u0026nbsp;\u003c/em\u003eKen led the defense of\u0026nbsp;\u003cstrong\u003eThe Orchard\u003c/strong\u003e\u0026nbsp;(a subsidiary of Sony Music Entertainment) in this copyright infringement suit in the Southern District of New York claiming that The Orchard distributed digital recordings to stores for sale (through digital service providers such as Apple and Google) where the \u0026ldquo;mechanical\u0026rdquo; reproduction rights associated with the musical compositions embodied in those recordings were not properly licensed. The suit sought damages for infringement on behalf of Harry Warren, whose works were recorded by jazz and popular artists such as Billie Holliday, Dean Martin, Louis Armstrong, and Miles Davis. The case challenged various historical music clearance practices employed by digital music distributors. The case was settled on favorable terms in early 2021.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eIn re Determination of Rates and Terms for Performance or Display of Nondramatic Musical Works ... By Public Broadcasting Entities\u0026nbsp;\u003c/em\u003e(known as \u0026ldquo;\u003cem\u003ePB IV\u003c/em\u003e\u0026rdquo;). Ken is lead counsel for\u0026nbsp;\u003cstrong\u003eCorporation for Public Broadcasting\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eNPR\u0026nbsp;\u003c/strong\u003eand\u003cstrong\u003e\u0026nbsp;PBS\u003c/strong\u003e\u0026nbsp;in this Copyright Royalty Board proceeding against the music publishing industry that will determine the statutory license rates and terms (for the five-year period 2023-2027) for public broadcaster uses of musical works under Section 118 of the Copyright Act. Notices of Settlement with 3 of the 5 copyright owner representatives have been filed; if settlements cannot be reached with all the copyright owner participants, trial will be held in 2022. Ken also led the representation of CPB, NPR and PBS in the prior\u003cem\u003e\u0026nbsp;PB III\u003c/em\u003e\u0026nbsp;proceedings resulting in favorable statutory rates for the public broadcasters during the five-year term 2018-2022.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eDOJ Investigation of ASCAP and BMI Consent Decrees\u003c/em\u003e. Ken led the representation of a consortium of audiovisual content distributors (including\u0026nbsp;\u003cstrong\u003eNetflix, Viacom/Showtime Networks, HBO/Turner Broadcasting, AMC Networks, Discovery Communications, ESPN, Fox Cable Network Services\u003c/strong\u003e\u0026nbsp;and several other entities) engaged in the distribution of audio-visual content in connection with preparing and advancing comments responsive to the US Department of Justice investigation regarding whether the existing antitrust consent decrees regulating the conduct of music performing rights collectives Broadcast Music Inc. (BMI) and the American Society of Composers, Authors and Publishers (ASCAP) should be modified and/or terminated. In January 2021 the DOJ adopted the position advocated by Ken\u0026rsquo;s clients\u0026rsquo; determining that there was no basis to modify or terminate the ASCAP and BMI consent decrees. Ken\u0026rsquo;s client group had secured a similar result under the prior Administration in 2016 on behalf of a similar consortium.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eDowntown Music Publishing, LLC v. Peloton Interactive, Inc.\u0026nbsp;\u003c/em\u003eKen led the defense of\u0026nbsp;\u003cstrong\u003ePeloton\u003c/strong\u003e\u0026nbsp;in a high-profile copyright infringement litigation brought by independent music publishers in the Southern District of New York in which the publishers sued Peloton on the eve of Peloton\u0026rsquo;s IPO seeking over $300 million based on claims that Peloton willfully infringed over 21,000 musical works. Peloton in response impleaded third-party National Music Publishers\u0026rsquo; Association (\u0026ldquo;NMPA\u0026rdquo;) and filed counterclaims asserting both antitrust law violations and tortious interference with business relations counterclaims. The case was settled on favorable terms in early 2020.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eSESAC v. Radio Music License Committee (\u0026ldquo;RMLC\u0026rdquo;).\u003c/em\u003e\u0026nbsp;Ken was lead counsel for the\u0026nbsp;\u003cstrong\u003eRMLC,\u003c/strong\u003e\u0026nbsp;the representative body of the broadcast radio industry, in this first-ever arbitration proceeding to determine reasonable industry-wide rates and terms (during the three-year term 2016\u0026ndash;2018) for some 7,000 radio stations' broadcasts and simulcasts of the musical works controlled by performing rights organization SESAC. The arbitration took place in 2017 and resulted in a favorable outcome for RMLC, reducing pre-existing SESAC fee levels by more than 50%.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eESPN v. BMI\u003c/em\u003e. Ken was lead counsel for\u0026nbsp;\u003cstrong\u003eESPN\u003c/strong\u003e\u0026nbsp;in this litigation against performing rights organization Broadcast Music, Inc. under the BMI antitrust consent decree. ESPN directly licenses from writers and publishers the vast majority of the music it performs; and it sought a determination of reasonable license fees from BMI for the music in commercials or ambient music overheard in stadiums and arenas during sports telecasts, which ESPN is not in a position to directly license. This case would have been the first to challenge BMI\u0026rsquo;s off-the-shelf license structure and rates for audiovisual programming based on evidence of competitive direct licensing transactions and also involved the issue of whether performances of ambient music captured in connection with live sports broadcasts are fair use. The case was settled shortly before trial in 2017.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003ePandora Media, Inc. v. ASCAP.\u003c/em\u003e\u0026nbsp;Ken was lead counsel in this federal court trial and appeal on\u0026nbsp;\u003cstrong\u003ePandora\u003c/strong\u003e\u0026rsquo;s behalf culminating in the Second Circuit\u0026rsquo;s 2015 affirmance of rulings (i) upholding Pandora\u0026rsquo;s challenge to the efforts of major ASCAP publisher members to \u0026ldquo;partially\u0026rdquo; withdraw from ASCAP in an effort to avoid rate oversight by the court overseeing the ASCAP antitrust consent decree, and (ii) establishing rates consistent with Pandora\u0026rsquo;s position.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eU.S. v. ASCAP, Application of MobiTV, Inc.\u003c/em\u003e\u0026nbsp;Ken led the federal court trial before the judge supervising the ASCAP antitrust consent decree and ensuing successful Second Circuit appeal resulting in adoption of client\u0026nbsp;\u003cstrong\u003eMobiTV\u003c/strong\u003e\u0026rsquo;s proposal, establishing favorable rates and terms for mobile distribution of TV/radio content (and rejecting ASCAP\u0026rsquo;s position that mobile/online content distribution entities should be subject to a far more onerous royalty structure than exists for entities distributing content via traditional media vehicles).\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eU.S. v. ASCAP, Application of RealNetworks Inc. and Yahoo!, Inc.\u003c/em\u003e\u0026nbsp;Ken led the trial and argued the appeal on behalf of\u0026nbsp;\u003cstrong\u003eReal Networks\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eYahoo!\u003c/strong\u003e\u0026nbsp;leading to this landmark Second Circuit decision in September 2010 (and denial of\u0026nbsp;\u003cem\u003ecertiorari\u003c/em\u003e\u0026nbsp;by the U.S. Supreme Court in 2012) holding that transmissions of music downloads do not trigger public performance rights liabilities for entities engaged in content distribution (and rejecting the position of ASCAP and other copyright organizations to the contrary).\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eArista Records, et al. v. Launch Media.\u003c/em\u003e\u0026nbsp;Ken co-defended\u0026nbsp;\u003cstrong\u003eYahoo! Music\u003c/strong\u003e\u0026nbsp;(f/k/a Launch Media) in a billion-dollar copyright infringement action brought by various record labels in the SDNY challenging the eligibility of Yahoo!'s Internet radio service for the statutory license under section 114 of the Copyright Act; Yahoo! secured a jury verdict in its favor (later affirmed by the Second Circuit).\u003c/p\u003e\n\u003cp\u003e\u0026ldquo;Napster II\u0026rdquo; (\u003cem\u003eUMG Recordings, et al. v. Bertelsmann AG, et al\u003c/em\u003e). Ken led the defense of\u0026nbsp;\u003cstrong\u003eBertelsmann\u003c/strong\u003e\u0026nbsp;against a series of music label and publisher copyright infringement claims brought in the SDNY and NDCA (asserting liability in excess of $20 billion) based on alleged direct, contributory and vicarious liability of Bertelsmann arising from its investments in and relationship with the original Napster file-sharing service; rulings on motions led to favorable settlements shortly before trial.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eEMI Music v. Multiply Inc\u003c/em\u003e. Ken represented this social network service in a lawsuit claiming copyright infringement of works in EMI\u0026rsquo;s label and publisher catalogues asserting\u0026nbsp;\u003cstrong\u003eMultiply\u003c/strong\u003e\u0026nbsp;did not qualify for the DMCA safe harbor; representation enabled settlement shortly after lawsuit was fied.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eSony/ATV Songs LLC, et al. v. MusicNet, Inc.\u003c/em\u003e\u0026nbsp;Ken led the defense of\u0026nbsp;\u003cstrong\u003eMusicNet\u003c/strong\u003e, an early pioneer in the digital on-demand music service industry, against copyright infringement claims based on the alleged failure of the service to secure musical work reproduction rights licenses; representation enabled settlement not long after suit was filed.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eColeman, et al. v. ESPN\u003c/em\u003e. Ken led the defense of\u0026nbsp;\u003cstrong\u003eESPN\u003c/strong\u003e\u0026nbsp;against claims of ASCAP members asserting copyright infringement based on ESPN\u0026rsquo;s alleged unlicensed public performance of musical works audible in the background of ESPN\u0026rsquo;s broadcasts of sports programming and challenging ESPN\u0026rsquo;s assertion of the \u0026ldquo;fair use\u0026rdquo; defense to such uses. The case was settled on favorable terms on the eve of trial after successfully defeating publishers\u0026rsquo; summary judgment motion relating to the fair use defense.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eAngel Music, Inc. et al v. ABC Sports, et al\u003c/em\u003e. Ken led the defense of the local television industry in this putative dual plaintiff/defendant class action copyright infringement lawsuit claiming that the\u0026nbsp;\u003cstrong\u003eABC Television Network\u003c/strong\u003e\u0026nbsp;had infringed the publishers\u0026rsquo; rights by failing to secure synchronization licenses for so-called \u0026ldquo;one time uses\u0026rdquo; of compositions that were used as background for Olympics sports \u0026ldquo;bio-pic\u0026rdquo; segments; successfully achieved dismissal of action.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eOther \u0026ldquo;Rate Court\u0026rdquo; Proceedings against ASCAP and BMI.\u003c/em\u003e\u0026nbsp;Ken is and/or has been lead trial counsel for numerous other\u0026nbsp;\u003cstrong\u003eASCAP/BMI licensees\u003c/strong\u003e\u0026nbsp;engaged both in traditional and new media forms of content distribution; over the years, he has managed or co-managed the negotiations and, where necessary, trial teams in consent decree proceedings against ASCAP, BMI, SESAC and GMR on behalf of more than forty cable/satellite/broadcast/new media content distribution services and providers.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eAntitrust litigation against ASCAP and BMI.\u003c/em\u003e\u0026nbsp;Ken was deeply involved in the seminal antitrust cases brought by\u0026nbsp;\u003cstrong\u003ethe local television industry\u003c/strong\u003e\u0026nbsp;in the early 1980s (\u003cem\u003eBuffalo Broadcasting Co., et al. v. ASCAP, et al\u003c/em\u003e.) and the cable TV industry in the early 1990s (\u003cem\u003eNCTA, et al. v. BMI, et al\u003c/em\u003e.), against both ASCAP and BMI, which set the framework for the consent decree litigations that have followed.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eInternational Copyright Tribunal Matters.\u003c/em\u003e\u0026nbsp;Ken has been granted \u0026ldquo;rights of audience\u0026rdquo; in the Copyright Tribunals of the UK and Hong Kong to litigate matters pertaining to the proper structure and rates for musical work public performances (and, in some cases, reproductions), on behalf of both new media/online distributors of content and traditional cable/satellite television distributors. For example, he was lead trial counsel in the precedent-setting UK Copyright Tribunal litigation on behalf of a consortium of music service providers (including AOL, Yahoo!, Apple, Napster LLC, RealNetworks and MusicNet) against the UK collective MCPS/PRS. Prior to that, he represented a consortium of cable and satellite providers in proceedings before the Hong Kong Copyright Tribunal against the Composers and Authors Society of Hong Kong (CASH), which resulted in a favorable industry-wide settlement on the eve of trial.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresentative Other Media/Entertainment/Sports Litigation\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eiJaal.com, Inc., et al. v. baazee.com, Inc., et al\u003c/em\u003e. Ken was lead trial counsel in this SDNY jury trial defending\u0026nbsp;\u003cstrong\u003ebaazee.com\u003c/strong\u003e\u0026nbsp;(the \u0026ldquo;eBay of India,\u0026rdquo; in which News Corp\u0026rsquo;s Star TV was the primary outside investor before acquisition by eBay after trial) and its principals against claims of breach of oral contract, misappropriation of partnership opportunity, misappropriation of trade secrets and related claims; won complete defense verdict.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003ePersky-Bright Organization, et al. v. Columbia Pictures Entertainment, Inc., et al\u003c/em\u003e. Ken was lead trial counsel in defense of two $300 million actions brought in SDNY and CDCA, in which the plaintiff motion picture investment groups alleged a series of violations by\u0026nbsp;\u003cstrong\u003eColumbia Pictures\u003c/strong\u003e\u0026nbsp;of motion picture distribution agreements, together with RICO, fraud, antitrust/block booking and tax indemnity claims. The case spanned several years and included a mini-trial of non-jury issues that resulted in the substantial curtailment of issues to proceed before a jury, leading to a favorable settlement thereafter.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eRobehr Films, Inc. v. American Airlines, Inc\u003c/em\u003e. Ken was lead trial counsel in this SDNY jury action brought by an in-flight film supplier alleging fraud and breach of contract by\u0026nbsp;\u003cstrong\u003eAmerican Airlines.\u003c/strong\u003e\u0026nbsp;Plaintiff claimed American\u0026rsquo;s conduct had forced it out of business. A three-week jury trial resulted in a no-liability defendant\u0026rsquo;s verdict, which was affirmed on appeal to the Second Circuit.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eEuropean American Bank v. Film Finances, Inc., et al\u003c/em\u003e. Ken was lead counsel in defending this action brought by EAB under film loan agreements and a completion bond against clients\u0026nbsp;\u003cstrong\u003eFilm Finances and production/distribution entities.\u003c/strong\u003e\u0026nbsp;After preliminary pre-trial proceedings and motion practice, the case was settled on a zero-liability basis.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eNorth American Soccer League (NASL) v. National Football\u003c/em\u003e\u0026nbsp;\u003cem\u003eLeague\u003c/em\u003e. Ken assisted in representing the\u0026nbsp;\u003cstrong\u003eNASL\u003c/strong\u003e\u0026nbsp;in this antitrust trial in the SDNY in which the NASL successfully challenged the NFL\u0026rsquo;s \u0026ldquo;cross ownership\u0026rdquo; ban, which would have prevented \u0026ldquo;cross-owners\u0026rdquo; such as Lamar Hunt and Joe Robbie from maintaining their investments in the NASL.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eNew York Islanders Hockey Club LP v. SMG, et al\u003c/em\u003e. Ken was lead trial counsel for\u0026nbsp;\u003cstrong\u003ethe\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003eN.Y. Islanders\u003c/strong\u003e\u0026nbsp;hockey team in federal and state court litigations against SMG and Nassau County seeking to terminate lease arrangements at the Nassau Coliseum on novel constructive eviction theories. After preliminary injunction trial proceedings and a series of appeals, the case settled on a favorable basis.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresentative Other Engagements\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eDavid Wilson et al. v. Airborne, Inc\u003c/em\u003e. Ken was lead counsel in representation of the\u0026nbsp;\u003cstrong\u003eAirborne defendants\u003c/strong\u003e\u0026nbsp;in this consumer class action (removed to Central District of CA under CAFA) alleging,\u0026nbsp;\u003cem\u003einter alia\u003c/em\u003e, false advertising and violations of California consumer protection laws; led to a favorable class settlement.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eIn re CA Title Insurance Litigation.\u003c/em\u003e\u0026nbsp;Ken was lead trial counsel for\u0026nbsp;\u003cstrong\u003ea national title insurance company\u003c/strong\u003e\u0026nbsp;in this putative class action alleging violations of CA UCL \u0026sect;17200; oversaw successful motion practice leading to dismissal and 2012 order compelling individual claim arbitration.\u003c/p\u003e\n\u003cp\u003eNNN\u0026nbsp;\u003cem\u003eBritannia Business Center, et al v. Grubb \u0026amp;amp;amp; Ellis Co., et al\u003c/em\u003e. Ken was lead trial counsel for\u0026nbsp;\u003cstrong\u003edefendants\u003c/strong\u003e\u0026nbsp;in these CA state court actions alleging violations of CA UCL \u0026sect;17200, fraud, etc., associated with the syndication of certain commercial real estate investments; successful motion practice resulted in substantial curtailment of claims at issue.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eRisko v. First Aviation Services, Inc., et al.\u003c/em\u003e\u0026nbsp;Ken was lead trial counsel in this jury trial in Oakland, CA Superior Court alleging fraud and breach of contract against\u0026nbsp;\u003cstrong\u003eFirst Aviation and its principals.\u003c/strong\u003e\u0026nbsp;The case was brought by a former First Aviation principal alleging, among other things, entitlements under an oral agreement, and threatened the continued viability of the client group. A two-week jury trial resulted in a no-liability defendants\u0026rsquo; verdict.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003ePIA v. UBS Securities, Inc\u003c/em\u003e. Ken was lead trial counsel in defending lender liability, fraud and breach of contract claims brought in New York State Supreme Court by the owners of the Roosevelt Hotel in New York City against\u0026nbsp;\u003cstrong\u003eUBS,\u003c/strong\u003e\u0026nbsp;stemming from UBS\u0026rsquo; termination of an agreement to finance the renovation of the hotel. A three-week bench trial resulted in a no-liability defendant\u0026rsquo;s verdict. Appellate proceedings in the New York Appellate Division and Court of Appeals affirmed the lower court rulings in defendant\u0026rsquo;s favor.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eOvernight Partners, et al. v. Ritz Carlton Hotel Co\u003c/em\u003e. Ken was lead counsel in defense of this $300 million \u0026ldquo;kitchen sink\u0026rdquo; action brought in the SDNY by the owners of the Ritz Carlton hotel properties located in New York, Washington D.C., Houston and Aspen CO, against client\u0026nbsp;\u003cstrong\u003eRitz Carlton.\u003c/strong\u003e\u0026nbsp;The case involved fraud, breach of contract, RICO, trademark and other claims brought by the Saudi group owners of those properties. After protracted pre-trial proceedings, the case settled on a favorable basis, whereby plaintiffs were stripped of their right to operate Ritz Carlton hotels.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eIn re Hylsa, S.A. v. M.W. Kellogg Co\u003c/em\u003e. Ken was lead trial counsel for\u0026nbsp;\u003cstrong\u003eGrupo Industrial Alfa\u0026rsquo;s steel company, Hylsa, SA,\u003c/strong\u003e\u0026nbsp;in ICC arbitration involving hundreds of millions of dollars in claims and technology issues relating to construction of \u0026ldquo;HYL Process\u0026rdquo; steel plants for SIDOR in Venezuela. After a series of ICC hearings, case was settled on a zero-liability basis to Hylsa.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":14,"guid":"14.capabilities","index":0,"source":"capabilities"},{"id":1,"guid":"1.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":763,"guid":"763.smart_tags","index":4,"source":"smartTags"},{"id":74,"guid":"74.capabilities","index":5,"source":"capabilities"},{"id":13,"guid":"13.capabilities","index":6,"source":"capabilities"},{"id":1233,"guid":"1233.smart_tags","index":7,"source":"smartTags"},{"id":133,"guid":"133.capabilities","index":8,"source":"capabilities"},{"id":129,"guid":"129.capabilities","index":9,"source":"capabilities"}],"is_active":true,"last_name":"Steinthal","nick_name":"Kenneth","clerkships":[],"first_name":"Kenneth","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"L.","name_suffix":"","recognitions":[{"title":"“He is a sophisticated negotiator and provides top-notch service. He is very responsive and detail-oriented.”","detail":"CHAMBERS USA 2022"},{"title":"IP Trailblazers","detail":"National Law Journal, 2016"},{"title":"1 of 5 Media \u0026 Entertainment MVPs","detail":"Law360, 2015"},{"title":"Top 10 Copyright Lawyers","detail":"The Daily Journal"},{"title":"Leading IP Attorneys: California","detail":"The Daily Journal (multiple years through 2021)"},{"title":"Leading Lawyer: IP/Media \u0026 Entertainment","detail":"Chambers USA and Chambers Global (multiple years through 2022)"},{"title":"Legal 500 USA ","detail":"multiple years through 2022"},{"title":"Northern California Super Lawyer ","detail":"Super Lawyers (multiple years through 2021)"},{"title":"2026 Lawdragon 500","detail":"Leading Global Entertainment, Sports \u0026 Media Lawyers"},{"title":"Power Lawyers: Top 100 Outside Counsel ","detail":"Hollywood Reporter"},{"title":"Outstanding Antitrust Litigation Achievement in Private Law Practice: Finalist ","detail":"AAI, 2014"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eKenneth Steinthal, known for litigating matters in the intellectual property/media sector, is a widely recognized leader in his field, including by \u003cem\u003eNational Law Journal\u003c/em\u003e as a 2016 IP Trailblazer, by \u003cem\u003eLaw360\u003c/em\u003e as 1 of 5 Media \u0026amp; Entertainment MVPs in 2015, by \u003cem\u003eLegal 500\u003c/em\u003e as 1 of only 8 members of its U.S. Copyright Hall of Fame, and on a consistent annual basis (including in 2022) by multiple legal publications including each of \u003cem\u003eLegal 500\u003c/em\u003e, \u003cem\u003eChambers USA, Managing IP (as an IP Star)\u003c/em\u003e and the \u003cem\u003eDaily Journal\u003c/em\u003e\u0026rsquo;s listing of Top Intellectual Property Lawyers. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eKen has four decades of experience litigating matters spanning the IP/media sector, in jury and bench trial settings and before copyright tribunals in the U.S. and internationally. Ken\u0026rsquo;s practice is focused on copyright, DMCA and antitrust/rate-setting cases involving the distribution of audio and audiovisual content. His litigation matters typically involve the defense of copyright infringement claims, the application of DMCA safe harbors and the establishment of structures and rates for the exploitation of copyrighted works in both traditional (e.g., cable, satellite, broadcast) and new media distribution environments. In just the last few years, Ken has led teams on behalf of Google, Peloton, the Radio Music License Committee (representing the interests of the U.S. broadcast radio industry), NPR/PBS, The Orchard, ESPN and Pandora before different courts and tribunals (including the U.S. Copyright Royalty Board) in defense of copyright infringement claims and establishing rate structures governing his clients' exploitation of music licensed by publishers and labels (and their representative organizations).\u003c/p\u003e\n\u003cp\u003eIn a constantly evolving media distribution environment, Ken and his team also regularly counsel clients regarding the licensing implications and risks associated with their existing or contemplated product offerings spanning both traditional and new media. He also assumed an industry-leading role on behalf of the content distribution community (including Netflix, Paramount Global/ViacomCBS, ESPN, Warner Media/HBO, Discovery Communications, AMC Networks, Fox Cable Network Services, iHeartMedia, Google/YouTube, and many others) in connection with the Department of Justice\u0026rsquo;s periodic investigations of the ASCAP and BMI antitrust consent decrees governing the licensing of public performance rights in musical compositions.\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003eRepresentative Copyright Litigations/Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eIn re Determination of Rates and Terms for Digital Performance of Sound Recordings \u0026hellip; (\u003c/em\u003eknown as the\u0026nbsp;\u003cem\u003eWeb V\u003c/em\u003e\u0026nbsp;proceedings). Ken leads the representation of\u0026nbsp;\u003cstrong\u003eGoogle\u003c/strong\u003e\u0026nbsp;in these Copyright Royalty Board proceedings against the labels/recording industry to determine statutory royalty rates for digital performances of sound recordings made by non-interactive music streaming services under sections 112 and 114 of the Copyright Act (for the statutory license term 1/1/21-12/31/25). A five-week virtual Zoom trial was held in August - September 2020 (which was one of the first virtual trials of that magnitude conducted during the global pandemic), and ultimately led to a 300-page decision issued in June 2021 largely rejecting the labels\u0026rsquo; positions and adopting much of Google\u0026rsquo;s arguments to minimize any rate increases. The labels have appealed the decision, which appeal is ongoing.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Determination of Rates and Terms for Making and Distributing Phonorecords.\u003c/em\u003e\u0026nbsp;Ken leads the representation of\u0026nbsp;\u003cstrong\u003eGoogle\u003c/strong\u003e\u0026nbsp;in the Phonorecords III Copyright Royalty Board proceedings against the music publishing industry that will determine the statutory license rates and terms for the five-year period 2018\u0026ndash;2022; the case involves \"mechanical\" reproduction licenses associated with the distribution of interactive/on-demand streaming services and cloud locker services under section 115 of the Copyright Act. The case is currently on remand to the CRB after the D.C. Circuit\u0026rsquo;s rejection of the publishers\u0026rsquo; core appeal positions while granting the services\u0026rsquo; request to vacate and remand for further proceedings certain aspects of the rate structure adopted by the CRB in its Initial Determination after trial.\u003cem\u003e\u0026nbsp;Johnson v. Copyright Royalty Board\u003c/em\u003e, 969 F.3d 363 (D.C. Cir. 2020). This follows the CRB\u0026rsquo;s initial trial determination agreeing with Google (and other services) in rejecting the core position of the publishers who sought to establish a per-play royalty rate.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eFour Jays Music Company, et al. v. Apple Inc., et al.\u0026nbsp;\u003c/em\u003eKen led the defense of\u0026nbsp;\u003cstrong\u003eThe Orchard\u003c/strong\u003e\u0026nbsp;(a subsidiary of Sony Music Entertainment) in this copyright infringement suit in the Southern District of New York claiming that The Orchard distributed digital recordings to stores for sale (through digital service providers such as Apple and Google) where the \u0026ldquo;mechanical\u0026rdquo; reproduction rights associated with the musical compositions embodied in those recordings were not properly licensed. The suit sought damages for infringement on behalf of Harry Warren, whose works were recorded by jazz and popular artists such as Billie Holliday, Dean Martin, Louis Armstrong, and Miles Davis. The case challenged various historical music clearance practices employed by digital music distributors. The case was settled on favorable terms in early 2021.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eIn re Determination of Rates and Terms for Performance or Display of Nondramatic Musical Works ... By Public Broadcasting Entities\u0026nbsp;\u003c/em\u003e(known as \u0026ldquo;\u003cem\u003ePB IV\u003c/em\u003e\u0026rdquo;). Ken is lead counsel for\u0026nbsp;\u003cstrong\u003eCorporation for Public Broadcasting\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eNPR\u0026nbsp;\u003c/strong\u003eand\u003cstrong\u003e\u0026nbsp;PBS\u003c/strong\u003e\u0026nbsp;in this Copyright Royalty Board proceeding against the music publishing industry that will determine the statutory license rates and terms (for the five-year period 2023-2027) for public broadcaster uses of musical works under Section 118 of the Copyright Act. Notices of Settlement with 3 of the 5 copyright owner representatives have been filed; if settlements cannot be reached with all the copyright owner participants, trial will be held in 2022. Ken also led the representation of CPB, NPR and PBS in the prior\u003cem\u003e\u0026nbsp;PB III\u003c/em\u003e\u0026nbsp;proceedings resulting in favorable statutory rates for the public broadcasters during the five-year term 2018-2022.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eDOJ Investigation of ASCAP and BMI Consent Decrees\u003c/em\u003e. Ken led the representation of a consortium of audiovisual content distributors (including\u0026nbsp;\u003cstrong\u003eNetflix, Viacom/Showtime Networks, HBO/Turner Broadcasting, AMC Networks, Discovery Communications, ESPN, Fox Cable Network Services\u003c/strong\u003e\u0026nbsp;and several other entities) engaged in the distribution of audio-visual content in connection with preparing and advancing comments responsive to the US Department of Justice investigation regarding whether the existing antitrust consent decrees regulating the conduct of music performing rights collectives Broadcast Music Inc. (BMI) and the American Society of Composers, Authors and Publishers (ASCAP) should be modified and/or terminated. In January 2021 the DOJ adopted the position advocated by Ken\u0026rsquo;s clients\u0026rsquo; determining that there was no basis to modify or terminate the ASCAP and BMI consent decrees. Ken\u0026rsquo;s client group had secured a similar result under the prior Administration in 2016 on behalf of a similar consortium.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eDowntown Music Publishing, LLC v. Peloton Interactive, Inc.\u0026nbsp;\u003c/em\u003eKen led the defense of\u0026nbsp;\u003cstrong\u003ePeloton\u003c/strong\u003e\u0026nbsp;in a high-profile copyright infringement litigation brought by independent music publishers in the Southern District of New York in which the publishers sued Peloton on the eve of Peloton\u0026rsquo;s IPO seeking over $300 million based on claims that Peloton willfully infringed over 21,000 musical works. Peloton in response impleaded third-party National Music Publishers\u0026rsquo; Association (\u0026ldquo;NMPA\u0026rdquo;) and filed counterclaims asserting both antitrust law violations and tortious interference with business relations counterclaims. The case was settled on favorable terms in early 2020.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eSESAC v. Radio Music License Committee (\u0026ldquo;RMLC\u0026rdquo;).\u003c/em\u003e\u0026nbsp;Ken was lead counsel for the\u0026nbsp;\u003cstrong\u003eRMLC,\u003c/strong\u003e\u0026nbsp;the representative body of the broadcast radio industry, in this first-ever arbitration proceeding to determine reasonable industry-wide rates and terms (during the three-year term 2016\u0026ndash;2018) for some 7,000 radio stations' broadcasts and simulcasts of the musical works controlled by performing rights organization SESAC. The arbitration took place in 2017 and resulted in a favorable outcome for RMLC, reducing pre-existing SESAC fee levels by more than 50%.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eESPN v. BMI\u003c/em\u003e. Ken was lead counsel for\u0026nbsp;\u003cstrong\u003eESPN\u003c/strong\u003e\u0026nbsp;in this litigation against performing rights organization Broadcast Music, Inc. under the BMI antitrust consent decree. ESPN directly licenses from writers and publishers the vast majority of the music it performs; and it sought a determination of reasonable license fees from BMI for the music in commercials or ambient music overheard in stadiums and arenas during sports telecasts, which ESPN is not in a position to directly license. This case would have been the first to challenge BMI\u0026rsquo;s off-the-shelf license structure and rates for audiovisual programming based on evidence of competitive direct licensing transactions and also involved the issue of whether performances of ambient music captured in connection with live sports broadcasts are fair use. The case was settled shortly before trial in 2017.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003ePandora Media, Inc. v. ASCAP.\u003c/em\u003e\u0026nbsp;Ken was lead counsel in this federal court trial and appeal on\u0026nbsp;\u003cstrong\u003ePandora\u003c/strong\u003e\u0026rsquo;s behalf culminating in the Second Circuit\u0026rsquo;s 2015 affirmance of rulings (i) upholding Pandora\u0026rsquo;s challenge to the efforts of major ASCAP publisher members to \u0026ldquo;partially\u0026rdquo; withdraw from ASCAP in an effort to avoid rate oversight by the court overseeing the ASCAP antitrust consent decree, and (ii) establishing rates consistent with Pandora\u0026rsquo;s position.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eU.S. v. ASCAP, Application of MobiTV, Inc.\u003c/em\u003e\u0026nbsp;Ken led the federal court trial before the judge supervising the ASCAP antitrust consent decree and ensuing successful Second Circuit appeal resulting in adoption of client\u0026nbsp;\u003cstrong\u003eMobiTV\u003c/strong\u003e\u0026rsquo;s proposal, establishing favorable rates and terms for mobile distribution of TV/radio content (and rejecting ASCAP\u0026rsquo;s position that mobile/online content distribution entities should be subject to a far more onerous royalty structure than exists for entities distributing content via traditional media vehicles).\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eU.S. v. ASCAP, Application of RealNetworks Inc. and Yahoo!, Inc.\u003c/em\u003e\u0026nbsp;Ken led the trial and argued the appeal on behalf of\u0026nbsp;\u003cstrong\u003eReal Networks\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003eYahoo!\u003c/strong\u003e\u0026nbsp;leading to this landmark Second Circuit decision in September 2010 (and denial of\u0026nbsp;\u003cem\u003ecertiorari\u003c/em\u003e\u0026nbsp;by the U.S. Supreme Court in 2012) holding that transmissions of music downloads do not trigger public performance rights liabilities for entities engaged in content distribution (and rejecting the position of ASCAP and other copyright organizations to the contrary).\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eArista Records, et al. v. Launch Media.\u003c/em\u003e\u0026nbsp;Ken co-defended\u0026nbsp;\u003cstrong\u003eYahoo! Music\u003c/strong\u003e\u0026nbsp;(f/k/a Launch Media) in a billion-dollar copyright infringement action brought by various record labels in the SDNY challenging the eligibility of Yahoo!'s Internet radio service for the statutory license under section 114 of the Copyright Act; Yahoo! secured a jury verdict in its favor (later affirmed by the Second Circuit).\u003c/p\u003e\n\u003cp\u003e\u0026ldquo;Napster II\u0026rdquo; (\u003cem\u003eUMG Recordings, et al. v. Bertelsmann AG, et al\u003c/em\u003e). Ken led the defense of\u0026nbsp;\u003cstrong\u003eBertelsmann\u003c/strong\u003e\u0026nbsp;against a series of music label and publisher copyright infringement claims brought in the SDNY and NDCA (asserting liability in excess of $20 billion) based on alleged direct, contributory and vicarious liability of Bertelsmann arising from its investments in and relationship with the original Napster file-sharing service; rulings on motions led to favorable settlements shortly before trial.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eEMI Music v. Multiply Inc\u003c/em\u003e. Ken represented this social network service in a lawsuit claiming copyright infringement of works in EMI\u0026rsquo;s label and publisher catalogues asserting\u0026nbsp;\u003cstrong\u003eMultiply\u003c/strong\u003e\u0026nbsp;did not qualify for the DMCA safe harbor; representation enabled settlement shortly after lawsuit was fied.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eSony/ATV Songs LLC, et al. v. MusicNet, Inc.\u003c/em\u003e\u0026nbsp;Ken led the defense of\u0026nbsp;\u003cstrong\u003eMusicNet\u003c/strong\u003e, an early pioneer in the digital on-demand music service industry, against copyright infringement claims based on the alleged failure of the service to secure musical work reproduction rights licenses; representation enabled settlement not long after suit was filed.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eColeman, et al. v. ESPN\u003c/em\u003e. Ken led the defense of\u0026nbsp;\u003cstrong\u003eESPN\u003c/strong\u003e\u0026nbsp;against claims of ASCAP members asserting copyright infringement based on ESPN\u0026rsquo;s alleged unlicensed public performance of musical works audible in the background of ESPN\u0026rsquo;s broadcasts of sports programming and challenging ESPN\u0026rsquo;s assertion of the \u0026ldquo;fair use\u0026rdquo; defense to such uses. The case was settled on favorable terms on the eve of trial after successfully defeating publishers\u0026rsquo; summary judgment motion relating to the fair use defense.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eAngel Music, Inc. et al v. ABC Sports, et al\u003c/em\u003e. Ken led the defense of the local television industry in this putative dual plaintiff/defendant class action copyright infringement lawsuit claiming that the\u0026nbsp;\u003cstrong\u003eABC Television Network\u003c/strong\u003e\u0026nbsp;had infringed the publishers\u0026rsquo; rights by failing to secure synchronization licenses for so-called \u0026ldquo;one time uses\u0026rdquo; of compositions that were used as background for Olympics sports \u0026ldquo;bio-pic\u0026rdquo; segments; successfully achieved dismissal of action.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eOther \u0026ldquo;Rate Court\u0026rdquo; Proceedings against ASCAP and BMI.\u003c/em\u003e\u0026nbsp;Ken is and/or has been lead trial counsel for numerous other\u0026nbsp;\u003cstrong\u003eASCAP/BMI licensees\u003c/strong\u003e\u0026nbsp;engaged both in traditional and new media forms of content distribution; over the years, he has managed or co-managed the negotiations and, where necessary, trial teams in consent decree proceedings against ASCAP, BMI, SESAC and GMR on behalf of more than forty cable/satellite/broadcast/new media content distribution services and providers.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eAntitrust litigation against ASCAP and BMI.\u003c/em\u003e\u0026nbsp;Ken was deeply involved in the seminal antitrust cases brought by\u0026nbsp;\u003cstrong\u003ethe local television industry\u003c/strong\u003e\u0026nbsp;in the early 1980s (\u003cem\u003eBuffalo Broadcasting Co., et al. v. ASCAP, et al\u003c/em\u003e.) and the cable TV industry in the early 1990s (\u003cem\u003eNCTA, et al. v. BMI, et al\u003c/em\u003e.), against both ASCAP and BMI, which set the framework for the consent decree litigations that have followed.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eInternational Copyright Tribunal Matters.\u003c/em\u003e\u0026nbsp;Ken has been granted \u0026ldquo;rights of audience\u0026rdquo; in the Copyright Tribunals of the UK and Hong Kong to litigate matters pertaining to the proper structure and rates for musical work public performances (and, in some cases, reproductions), on behalf of both new media/online distributors of content and traditional cable/satellite television distributors. For example, he was lead trial counsel in the precedent-setting UK Copyright Tribunal litigation on behalf of a consortium of music service providers (including AOL, Yahoo!, Apple, Napster LLC, RealNetworks and MusicNet) against the UK collective MCPS/PRS. Prior to that, he represented a consortium of cable and satellite providers in proceedings before the Hong Kong Copyright Tribunal against the Composers and Authors Society of Hong Kong (CASH), which resulted in a favorable industry-wide settlement on the eve of trial.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresentative Other Media/Entertainment/Sports Litigation\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eiJaal.com, Inc., et al. v. baazee.com, Inc., et al\u003c/em\u003e. Ken was lead trial counsel in this SDNY jury trial defending\u0026nbsp;\u003cstrong\u003ebaazee.com\u003c/strong\u003e\u0026nbsp;(the \u0026ldquo;eBay of India,\u0026rdquo; in which News Corp\u0026rsquo;s Star TV was the primary outside investor before acquisition by eBay after trial) and its principals against claims of breach of oral contract, misappropriation of partnership opportunity, misappropriation of trade secrets and related claims; won complete defense verdict.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003ePersky-Bright Organization, et al. v. Columbia Pictures Entertainment, Inc., et al\u003c/em\u003e. Ken was lead trial counsel in defense of two $300 million actions brought in SDNY and CDCA, in which the plaintiff motion picture investment groups alleged a series of violations by\u0026nbsp;\u003cstrong\u003eColumbia Pictures\u003c/strong\u003e\u0026nbsp;of motion picture distribution agreements, together with RICO, fraud, antitrust/block booking and tax indemnity claims. The case spanned several years and included a mini-trial of non-jury issues that resulted in the substantial curtailment of issues to proceed before a jury, leading to a favorable settlement thereafter.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eRobehr Films, Inc. v. American Airlines, Inc\u003c/em\u003e. Ken was lead trial counsel in this SDNY jury action brought by an in-flight film supplier alleging fraud and breach of contract by\u0026nbsp;\u003cstrong\u003eAmerican Airlines.\u003c/strong\u003e\u0026nbsp;Plaintiff claimed American\u0026rsquo;s conduct had forced it out of business. A three-week jury trial resulted in a no-liability defendant\u0026rsquo;s verdict, which was affirmed on appeal to the Second Circuit.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eEuropean American Bank v. Film Finances, Inc., et al\u003c/em\u003e. Ken was lead counsel in defending this action brought by EAB under film loan agreements and a completion bond against clients\u0026nbsp;\u003cstrong\u003eFilm Finances and production/distribution entities.\u003c/strong\u003e\u0026nbsp;After preliminary pre-trial proceedings and motion practice, the case was settled on a zero-liability basis.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eNorth American Soccer League (NASL) v. National Football\u003c/em\u003e\u0026nbsp;\u003cem\u003eLeague\u003c/em\u003e. Ken assisted in representing the\u0026nbsp;\u003cstrong\u003eNASL\u003c/strong\u003e\u0026nbsp;in this antitrust trial in the SDNY in which the NASL successfully challenged the NFL\u0026rsquo;s \u0026ldquo;cross ownership\u0026rdquo; ban, which would have prevented \u0026ldquo;cross-owners\u0026rdquo; such as Lamar Hunt and Joe Robbie from maintaining their investments in the NASL.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eNew York Islanders Hockey Club LP v. SMG, et al\u003c/em\u003e. Ken was lead trial counsel for\u0026nbsp;\u003cstrong\u003ethe\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003eN.Y. Islanders\u003c/strong\u003e\u0026nbsp;hockey team in federal and state court litigations against SMG and Nassau County seeking to terminate lease arrangements at the Nassau Coliseum on novel constructive eviction theories. After preliminary injunction trial proceedings and a series of appeals, the case settled on a favorable basis.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresentative Other Engagements\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eDavid Wilson et al. v. Airborne, Inc\u003c/em\u003e. Ken was lead counsel in representation of the\u0026nbsp;\u003cstrong\u003eAirborne defendants\u003c/strong\u003e\u0026nbsp;in this consumer class action (removed to Central District of CA under CAFA) alleging,\u0026nbsp;\u003cem\u003einter alia\u003c/em\u003e, false advertising and violations of California consumer protection laws; led to a favorable class settlement.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eIn re CA Title Insurance Litigation.\u003c/em\u003e\u0026nbsp;Ken was lead trial counsel for\u0026nbsp;\u003cstrong\u003ea national title insurance company\u003c/strong\u003e\u0026nbsp;in this putative class action alleging violations of CA UCL \u0026sect;17200; oversaw successful motion practice leading to dismissal and 2012 order compelling individual claim arbitration.\u003c/p\u003e\n\u003cp\u003eNNN\u0026nbsp;\u003cem\u003eBritannia Business Center, et al v. Grubb \u0026amp;amp;amp; Ellis Co., et al\u003c/em\u003e. Ken was lead trial counsel for\u0026nbsp;\u003cstrong\u003edefendants\u003c/strong\u003e\u0026nbsp;in these CA state court actions alleging violations of CA UCL \u0026sect;17200, fraud, etc., associated with the syndication of certain commercial real estate investments; successful motion practice resulted in substantial curtailment of claims at issue.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eRisko v. First Aviation Services, Inc., et al.\u003c/em\u003e\u0026nbsp;Ken was lead trial counsel in this jury trial in Oakland, CA Superior Court alleging fraud and breach of contract against\u0026nbsp;\u003cstrong\u003eFirst Aviation and its principals.\u003c/strong\u003e\u0026nbsp;The case was brought by a former First Aviation principal alleging, among other things, entitlements under an oral agreement, and threatened the continued viability of the client group. A two-week jury trial resulted in a no-liability defendants\u0026rsquo; verdict.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003ePIA v. UBS Securities, Inc\u003c/em\u003e. Ken was lead trial counsel in defending lender liability, fraud and breach of contract claims brought in New York State Supreme Court by the owners of the Roosevelt Hotel in New York City against\u0026nbsp;\u003cstrong\u003eUBS,\u003c/strong\u003e\u0026nbsp;stemming from UBS\u0026rsquo; termination of an agreement to finance the renovation of the hotel. A three-week bench trial resulted in a no-liability defendant\u0026rsquo;s verdict. Appellate proceedings in the New York Appellate Division and Court of Appeals affirmed the lower court rulings in defendant\u0026rsquo;s favor.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eOvernight Partners, et al. v. Ritz Carlton Hotel Co\u003c/em\u003e. Ken was lead counsel in defense of this $300 million \u0026ldquo;kitchen sink\u0026rdquo; action brought in the SDNY by the owners of the Ritz Carlton hotel properties located in New York, Washington D.C., Houston and Aspen CO, against client\u0026nbsp;\u003cstrong\u003eRitz Carlton.\u003c/strong\u003e\u0026nbsp;The case involved fraud, breach of contract, RICO, trademark and other claims brought by the Saudi group owners of those properties. After protracted pre-trial proceedings, the case settled on a favorable basis, whereby plaintiffs were stripped of their right to operate Ritz Carlton hotels.\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eIn re Hylsa, S.A. v. M.W. Kellogg Co\u003c/em\u003e. Ken was lead trial counsel for\u0026nbsp;\u003cstrong\u003eGrupo Industrial Alfa\u0026rsquo;s steel company, Hylsa, SA,\u003c/strong\u003e\u0026nbsp;in ICC arbitration involving hundreds of millions of dollars in claims and technology issues relating to construction of \u0026ldquo;HYL Process\u0026rdquo; steel plants for SIDOR in Venezuela. After a series of ICC hearings, case was settled on a zero-liability basis to Hylsa.\u003c/p\u003e"],"recognitions":[{"title":"“He is a sophisticated negotiator and provides top-notch service. He is very responsive and detail-oriented.”","detail":"CHAMBERS USA 2022"},{"title":"IP Trailblazers","detail":"National Law Journal, 2016"},{"title":"1 of 5 Media \u0026 Entertainment MVPs","detail":"Law360, 2015"},{"title":"Top 10 Copyright Lawyers","detail":"The Daily Journal"},{"title":"Leading IP Attorneys: California","detail":"The Daily Journal (multiple years through 2021)"},{"title":"Leading Lawyer: IP/Media \u0026 Entertainment","detail":"Chambers USA and Chambers Global (multiple years through 2022)"},{"title":"Legal 500 USA ","detail":"multiple years through 2022"},{"title":"Northern California Super Lawyer ","detail":"Super Lawyers (multiple years through 2021)"},{"title":"2026 Lawdragon 500","detail":"Leading Global Entertainment, Sports \u0026 Media Lawyers"},{"title":"Power Lawyers: Top 100 Outside Counsel ","detail":"Hollywood Reporter"},{"title":"Outstanding Antitrust Litigation Achievement in Private Law Practice: Finalist ","detail":"AAI, 2014"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":4405},{"id":4405}]},"capability_group_id":3},"created_at":"2026-02-25T16:42:53.000Z","updated_at":"2026-02-25T16:42:53.000Z","searchable_text":"Steinthal{{ FIELD }}{:title=\u0026gt;\"“He is a sophisticated negotiator and provides top-notch service. He is very responsive and detail-oriented.”\", :detail=\u0026gt;\"CHAMBERS USA 2022\"}{{ FIELD }}{:title=\u0026gt;\"IP Trailblazers\", :detail=\u0026gt;\"National Law Journal, 2016\"}{{ FIELD }}{:title=\u0026gt;\"1 of 5 Media \u0026amp; Entertainment MVPs\", :detail=\u0026gt;\"Law360, 2015\"}{{ FIELD }}{:title=\u0026gt;\"Top 10 Copyright Lawyers\", :detail=\u0026gt;\"The Daily Journal\"}{{ FIELD }}{:title=\u0026gt;\"Leading IP Attorneys: California\", :detail=\u0026gt;\"The Daily Journal (multiple years through 2021)\"}{{ FIELD }}{:title=\u0026gt;\"Leading Lawyer: IP/Media \u0026amp; Entertainment\", :detail=\u0026gt;\"Chambers USA and Chambers Global (multiple years through 2022)\"}{{ FIELD }}{:title=\u0026gt;\"Legal 500 USA \", :detail=\u0026gt;\"multiple years through 2022\"}{{ FIELD }}{:title=\u0026gt;\"Northern California Super Lawyer \", :detail=\u0026gt;\"Super Lawyers (multiple years through 2021)\"}{{ FIELD }}{:title=\u0026gt;\"2026 Lawdragon 500\", :detail=\u0026gt;\"Leading Global Entertainment, Sports \u0026amp; Media Lawyers\"}{{ FIELD }}{:title=\u0026gt;\"Power Lawyers: Top 100 Outside Counsel \", :detail=\u0026gt;\"Hollywood Reporter\"}{{ FIELD }}{:title=\u0026gt;\"Outstanding Antitrust Litigation Achievement in Private Law Practice: Finalist \", :detail=\u0026gt;\"AAI, 2014\"}{{ FIELD }}Representative Copyright Litigations/Matters\nIn re Determination of Rates and Terms for Digital Performance of Sound Recordings … (known as the Web V proceedings). Ken leads the representation of Google in these Copyright Royalty Board proceedings against the labels/recording industry to determine statutory royalty rates for digital performances of sound recordings made by non-interactive music streaming services under sections 112 and 114 of the Copyright Act (for the statutory license term 1/1/21-12/31/25). A five-week virtual Zoom trial was held in August - September 2020 (which was one of the first virtual trials of that magnitude conducted during the global pandemic), and ultimately led to a 300-page decision issued in June 2021 largely rejecting the labels’ positions and adopting much of Google’s arguments to minimize any rate increases. The labels have appealed the decision, which appeal is ongoing.{{ FIELD }}In re Determination of Rates and Terms for Making and Distributing Phonorecords. Ken leads the representation of Google in the Phonorecords III Copyright Royalty Board proceedings against the music publishing industry that will determine the statutory license rates and terms for the five-year period 2018–2022; the case involves \"mechanical\" reproduction licenses associated with the distribution of interactive/on-demand streaming services and cloud locker services under section 115 of the Copyright Act. The case is currently on remand to the CRB after the D.C. Circuit’s rejection of the publishers’ core appeal positions while granting the services’ request to vacate and remand for further proceedings certain aspects of the rate structure adopted by the CRB in its Initial Determination after trial. Johnson v. Copyright Royalty Board, 969 F.3d 363 (D.C. Cir. 2020). This follows the CRB’s initial trial determination agreeing with Google (and other services) in rejecting the core position of the publishers who sought to establish a per-play royalty rate.{{ FIELD }}Four Jays Music Company, et al. v. Apple Inc., et al. Ken led the defense of The Orchard (a subsidiary of Sony Music Entertainment) in this copyright infringement suit in the Southern District of New York claiming that The Orchard distributed digital recordings to stores for sale (through digital service providers such as Apple and Google) where the “mechanical” reproduction rights associated with the musical compositions embodied in those recordings were not properly licensed. The suit sought damages for infringement on behalf of Harry Warren, whose works were recorded by jazz and popular artists such as Billie Holliday, Dean Martin, Louis Armstrong, and Miles Davis. The case challenged various historical music clearance practices employed by digital music distributors. The case was settled on favorable terms in early 2021.\nIn re Determination of Rates and Terms for Performance or Display of Nondramatic Musical Works ... By Public Broadcasting Entities (known as “PB IV”). Ken is lead counsel for Corporation for Public Broadcasting, NPR and PBS in this Copyright Royalty Board proceeding against the music publishing industry that will determine the statutory license rates and terms (for the five-year period 2023-2027) for public broadcaster uses of musical works under Section 118 of the Copyright Act. Notices of Settlement with 3 of the 5 copyright owner representatives have been filed; if settlements cannot be reached with all the copyright owner participants, trial will be held in 2022. Ken also led the representation of CPB, NPR and PBS in the prior PB III proceedings resulting in favorable statutory rates for the public broadcasters during the five-year term 2018-2022.\nDOJ Investigation of ASCAP and BMI Consent Decrees. Ken led the representation of a consortium of audiovisual content distributors (including Netflix, Viacom/Showtime Networks, HBO/Turner Broadcasting, AMC Networks, Discovery Communications, ESPN, Fox Cable Network Services and several other entities) engaged in the distribution of audio-visual content in connection with preparing and advancing comments responsive to the US Department of Justice investigation regarding whether the existing antitrust consent decrees regulating the conduct of music performing rights collectives Broadcast Music Inc. (BMI) and the American Society of Composers, Authors and Publishers (ASCAP) should be modified and/or terminated. In January 2021 the DOJ adopted the position advocated by Ken’s clients’ determining that there was no basis to modify or terminate the ASCAP and BMI consent decrees. Ken’s client group had secured a similar result under the prior Administration in 2016 on behalf of a similar consortium.\nDowntown Music Publishing, LLC v. Peloton Interactive, Inc. Ken led the defense of Peloton in a high-profile copyright infringement litigation brought by independent music publishers in the Southern District of New York in which the publishers sued Peloton on the eve of Peloton’s IPO seeking over $300 million based on claims that Peloton willfully infringed over 21,000 musical works. Peloton in response impleaded third-party National Music Publishers’ Association (“NMPA”) and filed counterclaims asserting both antitrust law violations and tortious interference with business relations counterclaims. The case was settled on favorable terms in early 2020.\nSESAC v. Radio Music License Committee (“RMLC”). Ken was lead counsel for the RMLC, the representative body of the broadcast radio industry, in this first-ever arbitration proceeding to determine reasonable industry-wide rates and terms (during the three-year term 2016–2018) for some 7,000 radio stations' broadcasts and simulcasts of the musical works controlled by performing rights organization SESAC. The arbitration took place in 2017 and resulted in a favorable outcome for RMLC, reducing pre-existing SESAC fee levels by more than 50%.\nESPN v. BMI. Ken was lead counsel for ESPN in this litigation against performing rights organization Broadcast Music, Inc. under the BMI antitrust consent decree. ESPN directly licenses from writers and publishers the vast majority of the music it performs; and it sought a determination of reasonable license fees from BMI for the music in commercials or ambient music overheard in stadiums and arenas during sports telecasts, which ESPN is not in a position to directly license. This case would have been the first to challenge BMI’s off-the-shelf license structure and rates for audiovisual programming based on evidence of competitive direct licensing transactions and also involved the issue of whether performances of ambient music captured in connection with live sports broadcasts are fair use. The case was settled shortly before trial in 2017.\nPandora Media, Inc. v. ASCAP. Ken was lead counsel in this federal court trial and appeal on Pandora’s behalf culminating in the Second Circuit’s 2015 affirmance of rulings (i) upholding Pandora’s challenge to the efforts of major ASCAP publisher members to “partially” withdraw from ASCAP in an effort to avoid rate oversight by the court overseeing the ASCAP antitrust consent decree, and (ii) establishing rates consistent with Pandora’s position.\nU.S. v. ASCAP, Application of MobiTV, Inc. Ken led the federal court trial before the judge supervising the ASCAP antitrust consent decree and ensuing successful Second Circuit appeal resulting in adoption of client MobiTV’s proposal, establishing favorable rates and terms for mobile distribution of TV/radio content (and rejecting ASCAP’s position that mobile/online content distribution entities should be subject to a far more onerous royalty structure than exists for entities distributing content via traditional media vehicles).\nU.S. v. ASCAP, Application of RealNetworks Inc. and Yahoo!, Inc. Ken led the trial and argued the appeal on behalf of Real Networks and Yahoo! leading to this landmark Second Circuit decision in September 2010 (and denial of certiorari by the U.S. Supreme Court in 2012) holding that transmissions of music downloads do not trigger public performance rights liabilities for entities engaged in content distribution (and rejecting the position of ASCAP and other copyright organizations to the contrary).\nArista Records, et al. v. Launch Media. Ken co-defended Yahoo! Music (f/k/a Launch Media) in a billion-dollar copyright infringement action brought by various record labels in the SDNY challenging the eligibility of Yahoo!'s Internet radio service for the statutory license under section 114 of the Copyright Act; Yahoo! secured a jury verdict in its favor (later affirmed by the Second Circuit).\n“Napster II” (UMG Recordings, et al. v. Bertelsmann AG, et al). Ken led the defense of Bertelsmann against a series of music label and publisher copyright infringement claims brought in the SDNY and NDCA (asserting liability in excess of $20 billion) based on alleged direct, contributory and vicarious liability of Bertelsmann arising from its investments in and relationship with the original Napster file-sharing service; rulings on motions led to favorable settlements shortly before trial.\nEMI Music v. Multiply Inc. Ken represented this social network service in a lawsuit claiming copyright infringement of works in EMI’s label and publisher catalogues asserting Multiply did not qualify for the DMCA safe harbor; representation enabled settlement shortly after lawsuit was fied.\nSony/ATV Songs LLC, et al. v. MusicNet, Inc. Ken led the defense of MusicNet, an early pioneer in the digital on-demand music service industry, against copyright infringement claims based on the alleged failure of the service to secure musical work reproduction rights licenses; representation enabled settlement not long after suit was filed.\nColeman, et al. v. ESPN. Ken led the defense of ESPN against claims of ASCAP members asserting copyright infringement based on ESPN’s alleged unlicensed public performance of musical works audible in the background of ESPN’s broadcasts of sports programming and challenging ESPN’s assertion of the “fair use” defense to such uses. The case was settled on favorable terms on the eve of trial after successfully defeating publishers’ summary judgment motion relating to the fair use defense.\nAngel Music, Inc. et al v. ABC Sports, et al. Ken led the defense of the local television industry in this putative dual plaintiff/defendant class action copyright infringement lawsuit claiming that the ABC Television Network had infringed the publishers’ rights by failing to secure synchronization licenses for so-called “one time uses” of compositions that were used as background for Olympics sports “bio-pic” segments; successfully achieved dismissal of action.\nOther “Rate Court” Proceedings against ASCAP and BMI. Ken is and/or has been lead trial counsel for numerous other ASCAP/BMI licensees engaged both in traditional and new media forms of content distribution; over the years, he has managed or co-managed the negotiations and, where necessary, trial teams in consent decree proceedings against ASCAP, BMI, SESAC and GMR on behalf of more than forty cable/satellite/broadcast/new media content distribution services and providers.\nAntitrust litigation against ASCAP and BMI. Ken was deeply involved in the seminal antitrust cases brought by the local television industry in the early 1980s (Buffalo Broadcasting Co., et al. v. ASCAP, et al.) and the cable TV industry in the early 1990s (NCTA, et al. v. BMI, et al.), against both ASCAP and BMI, which set the framework for the consent decree litigations that have followed.\nInternational Copyright Tribunal Matters. Ken has been granted “rights of audience” in the Copyright Tribunals of the UK and Hong Kong to litigate matters pertaining to the proper structure and rates for musical work public performances (and, in some cases, reproductions), on behalf of both new media/online distributors of content and traditional cable/satellite television distributors. For example, he was lead trial counsel in the precedent-setting UK Copyright Tribunal litigation on behalf of a consortium of music service providers (including AOL, Yahoo!, Apple, Napster LLC, RealNetworks and MusicNet) against the UK collective MCPS/PRS. Prior to that, he represented a consortium of cable and satellite providers in proceedings before the Hong Kong Copyright Tribunal against the Composers and Authors Society of Hong Kong (CASH), which resulted in a favorable industry-wide settlement on the eve of trial.{{ FIELD }}Representative Other Media/Entertainment/Sports Litigation\niJaal.com, Inc., et al. v. baazee.com, Inc., et al. Ken was lead trial counsel in this SDNY jury trial defending baazee.com (the “eBay of India,” in which News Corp’s Star TV was the primary outside investor before acquisition by eBay after trial) and its principals against claims of breach of oral contract, misappropriation of partnership opportunity, misappropriation of trade secrets and related claims; won complete defense verdict.\nPersky-Bright Organization, et al. v. Columbia Pictures Entertainment, Inc., et al. Ken was lead trial counsel in defense of two $300 million actions brought in SDNY and CDCA, in which the plaintiff motion picture investment groups alleged a series of violations by Columbia Pictures of motion picture distribution agreements, together with RICO, fraud, antitrust/block booking and tax indemnity claims. The case spanned several years and included a mini-trial of non-jury issues that resulted in the substantial curtailment of issues to proceed before a jury, leading to a favorable settlement thereafter.\nRobehr Films, Inc. v. American Airlines, Inc. Ken was lead trial counsel in this SDNY jury action brought by an in-flight film supplier alleging fraud and breach of contract by American Airlines. Plaintiff claimed American’s conduct had forced it out of business. A three-week jury trial resulted in a no-liability defendant’s verdict, which was affirmed on appeal to the Second Circuit.\nEuropean American Bank v. Film Finances, Inc., et al. Ken was lead counsel in defending this action brought by EAB under film loan agreements and a completion bond against clients Film Finances and production/distribution entities. After preliminary pre-trial proceedings and motion practice, the case was settled on a zero-liability basis.\nNorth American Soccer League (NASL) v. National Football League. Ken assisted in representing the NASL in this antitrust trial in the SDNY in which the NASL successfully challenged the NFL’s “cross ownership” ban, which would have prevented “cross-owners” such as Lamar Hunt and Joe Robbie from maintaining their investments in the NASL.\nNew York Islanders Hockey Club LP v. SMG, et al. Ken was lead trial counsel for the N.Y. Islanders hockey team in federal and state court litigations against SMG and Nassau County seeking to terminate lease arrangements at the Nassau Coliseum on novel constructive eviction theories. After preliminary injunction trial proceedings and a series of appeals, the case settled on a favorable basis.{{ FIELD }}Representative Other Engagements\nDavid Wilson et al. v. Airborne, Inc. Ken was lead counsel in representation of the Airborne defendants in this consumer class action (removed to Central District of CA under CAFA) alleging, inter alia, false advertising and violations of California consumer protection laws; led to a favorable class settlement.\nIn re CA Title Insurance Litigation. Ken was lead trial counsel for a national title insurance company in this putative class action alleging violations of CA UCL §17200; oversaw successful motion practice leading to dismissal and 2012 order compelling individual claim arbitration.\nNNN Britannia Business Center, et al v. Grubb \u0026amp;amp;amp; Ellis Co., et al. Ken was lead trial counsel for defendants in these CA state court actions alleging violations of CA UCL §17200, fraud, etc., associated with the syndication of certain commercial real estate investments; successful motion practice resulted in substantial curtailment of claims at issue.\nRisko v. First Aviation Services, Inc., et al. Ken was lead trial counsel in this jury trial in Oakland, CA Superior Court alleging fraud and breach of contract against First Aviation and its principals. The case was brought by a former First Aviation principal alleging, among other things, entitlements under an oral agreement, and threatened the continued viability of the client group. A two-week jury trial resulted in a no-liability defendants’ verdict.\nPIA v. UBS Securities, Inc. Ken was lead trial counsel in defending lender liability, fraud and breach of contract claims brought in New York State Supreme Court by the owners of the Roosevelt Hotel in New York City against UBS, stemming from UBS’ termination of an agreement to finance the renovation of the hotel. A three-week bench trial resulted in a no-liability defendant’s verdict. Appellate proceedings in the New York Appellate Division and Court of Appeals affirmed the lower court rulings in defendant’s favor.\nOvernight Partners, et al. v. Ritz Carlton Hotel Co. Ken was lead counsel in defense of this $300 million “kitchen sink” action brought in the SDNY by the owners of the Ritz Carlton hotel properties located in New York, Washington D.C., Houston and Aspen CO, against client Ritz Carlton. The case involved fraud, breach of contract, RICO, trademark and other claims brought by the Saudi group owners of those properties. After protracted pre-trial proceedings, the case settled on a favorable basis, whereby plaintiffs were stripped of their right to operate Ritz Carlton hotels.\nIn re Hylsa, S.A. v. M.W. Kellogg Co. Ken was lead trial counsel for Grupo Industrial Alfa’s steel company, Hylsa, SA, in ICC arbitration involving hundreds of millions of dollars in claims and technology issues relating to construction of “HYL Process” steel plants for SIDOR in Venezuela. After a series of ICC hearings, case was settled on a zero-liability basis to Hylsa.{{ FIELD }}Kenneth Steinthal, known for litigating matters in the intellectual property/media sector, is a widely recognized leader in his field, including by National Law Journal as a 2016 IP Trailblazer, by Law360 as 1 of 5 Media \u0026amp; Entertainment MVPs in 2015, by Legal 500 as 1 of only 8 members of its U.S. Copyright Hall of Fame, and on a consistent annual basis (including in 2022) by multiple legal publications including each of Legal 500, Chambers USA, Managing IP (as an IP Star) and the Daily Journal’s listing of Top Intellectual Property Lawyers. \nKen has four decades of experience litigating matters spanning the IP/media sector, in jury and bench trial settings and before copyright tribunals in the U.S. and internationally. Ken’s practice is focused on copyright, DMCA and antitrust/rate-setting cases involving the distribution of audio and audiovisual content. His litigation matters typically involve the defense of copyright infringement claims, the application of DMCA safe harbors and the establishment of structures and rates for the exploitation of copyrighted works in both traditional (e.g., cable, satellite, broadcast) and new media distribution environments. In just the last few years, Ken has led teams on behalf of Google, Peloton, the Radio Music License Committee (representing the interests of the U.S. broadcast radio industry), NPR/PBS, The Orchard, ESPN and Pandora before different courts and tribunals (including the U.S. Copyright Royalty Board) in defense of copyright infringement claims and establishing rate structures governing his clients' exploitation of music licensed by publishers and labels (and their representative organizations).\nIn a constantly evolving media distribution environment, Ken and his team also regularly counsel clients regarding the licensing implications and risks associated with their existing or contemplated product offerings spanning both traditional and new media. He also assumed an industry-leading role on behalf of the content distribution community (including Netflix, Paramount Global/ViacomCBS, ESPN, Warner Media/HBO, Discovery Communications, AMC Networks, Fox Cable Network Services, iHeartMedia, Google/YouTube, and many others) in connection with the Department of Justice’s periodic investigations of the ASCAP and BMI antitrust consent decrees governing the licensing of public performance rights in musical compositions. Partner “He is a sophisticated negotiator and provides top-notch service. He is very responsive and detail-oriented.” CHAMBERS USA 2022 IP Trailblazers National Law Journal, 2016 1 of 5 Media \u0026amp; Entertainment MVPs Law360, 2015 Top 10 Copyright Lawyers The Daily Journal Leading IP Attorneys: California The Daily Journal (multiple years through 2021) Leading Lawyer: IP/Media \u0026amp; Entertainment Chambers USA and Chambers Global (multiple years through 2022) Legal 500 USA  multiple years through 2022 Northern California Super Lawyer  Super Lawyers (multiple years through 2021) 2026 Lawdragon 500 Leading Global Entertainment, Sports \u0026amp; Media Lawyers Power Lawyers: Top 100 Outside Counsel  Hollywood Reporter Outstanding Antitrust Litigation Achievement in Private Law Practice: Finalist  AAI, 2014 Williams College  Fordham University Fordham University School of Law Supreme Court of the United States U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the D.C. Circuit U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York U.S. District Court for the Central District of California U.S. District Court for the Northern District of California California New York Representative Copyright Litigations/Matters\nIn re Determination of Rates and Terms for Digital Performance of Sound Recordings … (known as the Web V proceedings). Ken leads the representation of Google in these Copyright Royalty Board proceedings against the labels/recording industry to determine statutory royalty rates for digital performances of sound recordings made by non-interactive music streaming services under sections 112 and 114 of the Copyright Act (for the statutory license term 1/1/21-12/31/25). A five-week virtual Zoom trial was held in August - September 2020 (which was one of the first virtual trials of that magnitude conducted during the global pandemic), and ultimately led to a 300-page decision issued in June 2021 largely rejecting the labels’ positions and adopting much of Google’s arguments to minimize any rate increases. The labels have appealed the decision, which appeal is ongoing. In re Determination of Rates and Terms for Making and Distributing Phonorecords. Ken leads the representation of Google in the Phonorecords III Copyright Royalty Board proceedings against the music publishing industry that will determine the statutory license rates and terms for the five-year period 2018–2022; the case involves \"mechanical\" reproduction licenses associated with the distribution of interactive/on-demand streaming services and cloud locker services under section 115 of the Copyright Act. The case is currently on remand to the CRB after the D.C. Circuit’s rejection of the publishers’ core appeal positions while granting the services’ request to vacate and remand for further proceedings certain aspects of the rate structure adopted by the CRB in its Initial Determination after trial. Johnson v. Copyright Royalty Board, 969 F.3d 363 (D.C. Cir. 2020). This follows the CRB’s initial trial determination agreeing with Google (and other services) in rejecting the core position of the publishers who sought to establish a per-play royalty rate. Four Jays Music Company, et al. v. Apple Inc., et al. Ken led the defense of The Orchard (a subsidiary of Sony Music Entertainment) in this copyright infringement suit in the Southern District of New York claiming that The Orchard distributed digital recordings to stores for sale (through digital service providers such as Apple and Google) where the “mechanical” reproduction rights associated with the musical compositions embodied in those recordings were not properly licensed. The suit sought damages for infringement on behalf of Harry Warren, whose works were recorded by jazz and popular artists such as Billie Holliday, Dean Martin, Louis Armstrong, and Miles Davis. The case challenged various historical music clearance practices employed by digital music distributors. The case was settled on favorable terms in early 2021.\nIn re Determination of Rates and Terms for Performance or Display of Nondramatic Musical Works ... By Public Broadcasting Entities (known as “PB IV”). Ken is lead counsel for Corporation for Public Broadcasting, NPR and PBS in this Copyright Royalty Board proceeding against the music publishing industry that will determine the statutory license rates and terms (for the five-year period 2023-2027) for public broadcaster uses of musical works under Section 118 of the Copyright Act. Notices of Settlement with 3 of the 5 copyright owner representatives have been filed; if settlements cannot be reached with all the copyright owner participants, trial will be held in 2022. Ken also led the representation of CPB, NPR and PBS in the prior PB III proceedings resulting in favorable statutory rates for the public broadcasters during the five-year term 2018-2022.\nDOJ Investigation of ASCAP and BMI Consent Decrees. Ken led the representation of a consortium of audiovisual content distributors (including Netflix, Viacom/Showtime Networks, HBO/Turner Broadcasting, AMC Networks, Discovery Communications, ESPN, Fox Cable Network Services and several other entities) engaged in the distribution of audio-visual content in connection with preparing and advancing comments responsive to the US Department of Justice investigation regarding whether the existing antitrust consent decrees regulating the conduct of music performing rights collectives Broadcast Music Inc. (BMI) and the American Society of Composers, Authors and Publishers (ASCAP) should be modified and/or terminated. In January 2021 the DOJ adopted the position advocated by Ken’s clients’ determining that there was no basis to modify or terminate the ASCAP and BMI consent decrees. Ken’s client group had secured a similar result under the prior Administration in 2016 on behalf of a similar consortium.\nDowntown Music Publishing, LLC v. Peloton Interactive, Inc. Ken led the defense of Peloton in a high-profile copyright infringement litigation brought by independent music publishers in the Southern District of New York in which the publishers sued Peloton on the eve of Peloton’s IPO seeking over $300 million based on claims that Peloton willfully infringed over 21,000 musical works. Peloton in response impleaded third-party National Music Publishers’ Association (“NMPA”) and filed counterclaims asserting both antitrust law violations and tortious interference with business relations counterclaims. The case was settled on favorable terms in early 2020.\nSESAC v. Radio Music License Committee (“RMLC”). Ken was lead counsel for the RMLC, the representative body of the broadcast radio industry, in this first-ever arbitration proceeding to determine reasonable industry-wide rates and terms (during the three-year term 2016–2018) for some 7,000 radio stations' broadcasts and simulcasts of the musical works controlled by performing rights organization SESAC. The arbitration took place in 2017 and resulted in a favorable outcome for RMLC, reducing pre-existing SESAC fee levels by more than 50%.\nESPN v. BMI. Ken was lead counsel for ESPN in this litigation against performing rights organization Broadcast Music, Inc. under the BMI antitrust consent decree. ESPN directly licenses from writers and publishers the vast majority of the music it performs; and it sought a determination of reasonable license fees from BMI for the music in commercials or ambient music overheard in stadiums and arenas during sports telecasts, which ESPN is not in a position to directly license. This case would have been the first to challenge BMI’s off-the-shelf license structure and rates for audiovisual programming based on evidence of competitive direct licensing transactions and also involved the issue of whether performances of ambient music captured in connection with live sports broadcasts are fair use. The case was settled shortly before trial in 2017.\nPandora Media, Inc. v. ASCAP. Ken was lead counsel in this federal court trial and appeal on Pandora’s behalf culminating in the Second Circuit’s 2015 affirmance of rulings (i) upholding Pandora’s challenge to the efforts of major ASCAP publisher members to “partially” withdraw from ASCAP in an effort to avoid rate oversight by the court overseeing the ASCAP antitrust consent decree, and (ii) establishing rates consistent with Pandora’s position.\nU.S. v. ASCAP, Application of MobiTV, Inc. Ken led the federal court trial before the judge supervising the ASCAP antitrust consent decree and ensuing successful Second Circuit appeal resulting in adoption of client MobiTV’s proposal, establishing favorable rates and terms for mobile distribution of TV/radio content (and rejecting ASCAP’s position that mobile/online content distribution entities should be subject to a far more onerous royalty structure than exists for entities distributing content via traditional media vehicles).\nU.S. v. ASCAP, Application of RealNetworks Inc. and Yahoo!, Inc. Ken led the trial and argued the appeal on behalf of Real Networks and Yahoo! leading to this landmark Second Circuit decision in September 2010 (and denial of certiorari by the U.S. Supreme Court in 2012) holding that transmissions of music downloads do not trigger public performance rights liabilities for entities engaged in content distribution (and rejecting the position of ASCAP and other copyright organizations to the contrary).\nArista Records, et al. v. Launch Media. Ken co-defended Yahoo! Music (f/k/a Launch Media) in a billion-dollar copyright infringement action brought by various record labels in the SDNY challenging the eligibility of Yahoo!'s Internet radio service for the statutory license under section 114 of the Copyright Act; Yahoo! secured a jury verdict in its favor (later affirmed by the Second Circuit).\n“Napster II” (UMG Recordings, et al. v. Bertelsmann AG, et al). Ken led the defense of Bertelsmann against a series of music label and publisher copyright infringement claims brought in the SDNY and NDCA (asserting liability in excess of $20 billion) based on alleged direct, contributory and vicarious liability of Bertelsmann arising from its investments in and relationship with the original Napster file-sharing service; rulings on motions led to favorable settlements shortly before trial.\nEMI Music v. Multiply Inc. Ken represented this social network service in a lawsuit claiming copyright infringement of works in EMI’s label and publisher catalogues asserting Multiply did not qualify for the DMCA safe harbor; representation enabled settlement shortly after lawsuit was fied.\nSony/ATV Songs LLC, et al. v. MusicNet, Inc. Ken led the defense of MusicNet, an early pioneer in the digital on-demand music service industry, against copyright infringement claims based on the alleged failure of the service to secure musical work reproduction rights licenses; representation enabled settlement not long after suit was filed.\nColeman, et al. v. ESPN. Ken led the defense of ESPN against claims of ASCAP members asserting copyright infringement based on ESPN’s alleged unlicensed public performance of musical works audible in the background of ESPN’s broadcasts of sports programming and challenging ESPN’s assertion of the “fair use” defense to such uses. The case was settled on favorable terms on the eve of trial after successfully defeating publishers’ summary judgment motion relating to the fair use defense.\nAngel Music, Inc. et al v. ABC Sports, et al. Ken led the defense of the local television industry in this putative dual plaintiff/defendant class action copyright infringement lawsuit claiming that the ABC Television Network had infringed the publishers’ rights by failing to secure synchronization licenses for so-called “one time uses” of compositions that were used as background for Olympics sports “bio-pic” segments; successfully achieved dismissal of action.\nOther “Rate Court” Proceedings against ASCAP and BMI. Ken is and/or has been lead trial counsel for numerous other ASCAP/BMI licensees engaged both in traditional and new media forms of content distribution; over the years, he has managed or co-managed the negotiations and, where necessary, trial teams in consent decree proceedings against ASCAP, BMI, SESAC and GMR on behalf of more than forty cable/satellite/broadcast/new media content distribution services and providers.\nAntitrust litigation against ASCAP and BMI. Ken was deeply involved in the seminal antitrust cases brought by the local television industry in the early 1980s (Buffalo Broadcasting Co., et al. v. ASCAP, et al.) and the cable TV industry in the early 1990s (NCTA, et al. v. BMI, et al.), against both ASCAP and BMI, which set the framework for the consent decree litigations that have followed.\nInternational Copyright Tribunal Matters. Ken has been granted “rights of audience” in the Copyright Tribunals of the UK and Hong Kong to litigate matters pertaining to the proper structure and rates for musical work public performances (and, in some cases, reproductions), on behalf of both new media/online distributors of content and traditional cable/satellite television distributors. For example, he was lead trial counsel in the precedent-setting UK Copyright Tribunal litigation on behalf of a consortium of music service providers (including AOL, Yahoo!, Apple, Napster LLC, RealNetworks and MusicNet) against the UK collective MCPS/PRS. Prior to that, he represented a consortium of cable and satellite providers in proceedings before the Hong Kong Copyright Tribunal against the Composers and Authors Society of Hong Kong (CASH), which resulted in a favorable industry-wide settlement on the eve of trial. Representative Other Media/Entertainment/Sports Litigation\niJaal.com, Inc., et al. v. baazee.com, Inc., et al. Ken was lead trial counsel in this SDNY jury trial defending baazee.com (the “eBay of India,” in which News Corp’s Star TV was the primary outside investor before acquisition by eBay after trial) and its principals against claims of breach of oral contract, misappropriation of partnership opportunity, misappropriation of trade secrets and related claims; won complete defense verdict.\nPersky-Bright Organization, et al. v. Columbia Pictures Entertainment, Inc., et al. Ken was lead trial counsel in defense of two $300 million actions brought in SDNY and CDCA, in which the plaintiff motion picture investment groups alleged a series of violations by Columbia Pictures of motion picture distribution agreements, together with RICO, fraud, antitrust/block booking and tax indemnity claims. The case spanned several years and included a mini-trial of non-jury issues that resulted in the substantial curtailment of issues to proceed before a jury, leading to a favorable settlement thereafter.\nRobehr Films, Inc. v. American Airlines, Inc. Ken was lead trial counsel in this SDNY jury action brought by an in-flight film supplier alleging fraud and breach of contract by American Airlines. Plaintiff claimed American’s conduct had forced it out of business. A three-week jury trial resulted in a no-liability defendant’s verdict, which was affirmed on appeal to the Second Circuit.\nEuropean American Bank v. Film Finances, Inc., et al. Ken was lead counsel in defending this action brought by EAB under film loan agreements and a completion bond against clients Film Finances and production/distribution entities. After preliminary pre-trial proceedings and motion practice, the case was settled on a zero-liability basis.\nNorth American Soccer League (NASL) v. National Football League. Ken assisted in representing the NASL in this antitrust trial in the SDNY in which the NASL successfully challenged the NFL’s “cross ownership” ban, which would have prevented “cross-owners” such as Lamar Hunt and Joe Robbie from maintaining their investments in the NASL.\nNew York Islanders Hockey Club LP v. SMG, et al. Ken was lead trial counsel for the N.Y. Islanders hockey team in federal and state court litigations against SMG and Nassau County seeking to terminate lease arrangements at the Nassau Coliseum on novel constructive eviction theories. After preliminary injunction trial proceedings and a series of appeals, the case settled on a favorable basis. Representative Other Engagements\nDavid Wilson et al. v. Airborne, Inc. Ken was lead counsel in representation of the Airborne defendants in this consumer class action (removed to Central District of CA under CAFA) alleging, inter alia, false advertising and violations of California consumer protection laws; led to a favorable class settlement.\nIn re CA Title Insurance Litigation. Ken was lead trial counsel for a national title insurance company in this putative class action alleging violations of CA UCL §17200; oversaw successful motion practice leading to dismissal and 2012 order compelling individual claim arbitration.\nNNN Britannia Business Center, et al v. Grubb \u0026amp;amp;amp; Ellis Co., et al. Ken was lead trial counsel for defendants in these CA state court actions alleging violations of CA UCL §17200, fraud, etc., associated with the syndication of certain commercial real estate investments; successful motion practice resulted in substantial curtailment of claims at issue.\nRisko v. First Aviation Services, Inc., et al. Ken was lead trial counsel in this jury trial in Oakland, CA Superior Court alleging fraud and breach of contract against First Aviation and its principals. The case was brought by a former First Aviation principal alleging, among other things, entitlements under an oral agreement, and threatened the continued viability of the client group. A two-week jury trial resulted in a no-liability defendants’ verdict.\nPIA v. UBS Securities, Inc. Ken was lead trial counsel in defending lender liability, fraud and breach of contract claims brought in New York State Supreme Court by the owners of the Roosevelt Hotel in New York City against UBS, stemming from UBS’ termination of an agreement to finance the renovation of the hotel. A three-week bench trial resulted in a no-liability defendant’s verdict. Appellate proceedings in the New York Appellate Division and Court of Appeals affirmed the lower court rulings in defendant’s favor.\nOvernight Partners, et al. v. Ritz Carlton Hotel Co. Ken was lead counsel in defense of this $300 million “kitchen sink” action brought in the SDNY by the owners of the Ritz Carlton hotel properties located in New York, Washington D.C., Houston and Aspen CO, against client Ritz Carlton. The case involved fraud, breach of contract, RICO, trademark and other claims brought by the Saudi group owners of those properties. After protracted pre-trial proceedings, the case settled on a favorable basis, whereby plaintiffs were stripped of their right to operate Ritz Carlton hotels.\nIn re Hylsa, S.A. v. M.W. Kellogg Co. Ken was lead trial counsel for Grupo Industrial Alfa’s steel company, Hylsa, SA, in ICC arbitration involving hundreds of millions of dollars in claims and technology issues relating to construction of “HYL Process” steel plants for SIDOR in Venezuela. After a series of ICC hearings, case was settled on a zero-liability basis to Hylsa.","searchable_name":"Kenneth L. Steinthal","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":445882,"version":1,"owner_type":"Person","owner_id":6146,"payload":{"bio":"\u003cp\u003eDavid L. Stone is a Partner in the Corporate, Finance, and Investments practice group in our offices located in Washington, D.C. and Los Angeles, California. David acts as a strategic advisor to clients and is a nationally-recognized private equity lawyer. David is known for spearheading market-leading transactions throughout the U.S. and globally. Clients seek out David for his business insights, reliable judgment and innovative thinking \u0026ndash; they regard him as a \u0026ldquo;go-to\u0026rdquo; legal advisor and a valuable connector for bridging networks and integrating ideas. He provides essential insights and guidance for C-suite leadership with their most sensitive and important transactions and initiatives.\u003c/p\u003e\n\u003cp\u003eDavid represents domestic and multi-national private equity funds, institutional investors, and public and private companies with their investments, debt transactions, and development projects across a broad spectrum of asset classes throughout the United States and globally.\u0026nbsp; David also\u0026nbsp;advises clients on how best to reposition distressed\u0026nbsp; assets and loans.\u003c/p\u003e\n\u003cp\u003eDavid is completely client-focused and results-driven and is able to see beyond the particular challenges of a transaction in order to serve as a catalyst to closing it. David has been\u0026nbsp;recognized as a \u0026ldquo;Rising Star\u0026rdquo; by \u003cem\u003eSuper Lawyers\u003c/em\u003e for six (6) years.\u003c/p\u003e\n\u003cp\u003eA frequent panelist and speaker, David is also an Adjunct Faculty Member at Georgetown University.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDavid has given lectures and provided trainings to hundreds of other attorneys and legal professionals in implementing cutting edge legal technology and artificial intelligence tools in today\u0026rsquo;s modern law practice.\u003c/p\u003e","slug":"david-stone","email":"dstone@kslaw.com","phone":"+ 1 202 770 1234","matters":null,"taggings":{"tags":[],"meta_tags":[{"id":1025}]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":1,"source":"capabilities"},{"id":26,"guid":"26.capabilities","index":2,"source":"capabilities"},{"id":40,"guid":"40.capabilities","index":3,"source":"capabilities"},{"id":80,"guid":"80.capabilities","index":4,"source":"capabilities"},{"id":115,"guid":"115.capabilities","index":5,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":6,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":7,"source":"capabilities"},{"id":31,"guid":"31.capabilities","index":8,"source":"capabilities"},{"id":78,"guid":"78.capabilities","index":9,"source":"capabilities"},{"id":36,"guid":"36.capabilities","index":10,"source":"capabilities"},{"id":35,"guid":"35.capabilities","index":11,"source":"capabilities"},{"id":32,"guid":"32.capabilities","index":12,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":13,"source":"capabilities"},{"id":82,"guid":"82.capabilities","index":14,"source":"capabilities"},{"id":133,"guid":"133.capabilities","index":15,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":16,"source":"capabilities"},{"id":124,"guid":"124.capabilities","index":17,"source":"capabilities"},{"id":111,"guid":"111.capabilities","index":18,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":19,"source":"capabilities"},{"id":105,"guid":"105.capabilities","index":20,"source":"capabilities"},{"id":109,"guid":"109.capabilities","index":21,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":22,"source":"capabilities"},{"id":23,"guid":"23.capabilities","index":23,"source":"capabilities"},{"id":116,"guid":"116.capabilities","index":24,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":25,"source":"capabilities"},{"id":132,"guid":"132.capabilities","index":26,"source":"capabilities"},{"id":131,"guid":"131.capabilities","index":27,"source":"capabilities"},{"id":1568,"guid":"1568.smart_tags","index":28,"source":"smartTags"},{"id":1434,"guid":"1434.smart_tags","index":29,"source":"smartTags"}],"is_active":true,"last_name":"Stone","nick_name":"David","clerkships":[],"first_name":"David","title_rank":9999,"updated_by":202,"law_schools":[{"id":2895,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"2013-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null},{"id":2895,"meta":{"degree":"LL.M. in Taxation","honors":"with academic distinction","is_law_school":"1","graduation_date":"2014-01-01 00:00:00"},"order":2,"pin_order":null,"pin_expiration":null}],"middle_name":"L.","name_suffix":"","recognitions":[{"title":"Member, Board of Governors","detail":"American Association of Jewish Lawyers and Jurists"},{"title":"Member, Executive Committee and Board of Directors","detail":"Jewish Community Center of San Diego County, 2015-2018"},{"title":"Rising Star","detail":"Super Lawyer, 2018 - 2023"}],"linked_in_url":"https://www.linkedin.com/in/davidstone5/","seodescription":"David L. Stone is a lawyer of our Real Estate \u0026 Funds Practice Group. Read more.","primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDavid L. Stone is a Partner in the Corporate, Finance, and Investments practice group in our offices located in Washington, D.C. and Los Angeles, California. David acts as a strategic advisor to clients and is a nationally-recognized private equity lawyer. David is known for spearheading market-leading transactions throughout the U.S. and globally. Clients seek out David for his business insights, reliable judgment and innovative thinking \u0026ndash; they regard him as a \u0026ldquo;go-to\u0026rdquo; legal advisor and a valuable connector for bridging networks and integrating ideas. He provides essential insights and guidance for C-suite leadership with their most sensitive and important transactions and initiatives.\u003c/p\u003e\n\u003cp\u003eDavid represents domestic and multi-national private equity funds, institutional investors, and public and private companies with their investments, debt transactions, and development projects across a broad spectrum of asset classes throughout the United States and globally.\u0026nbsp; David also\u0026nbsp;advises clients on how best to reposition distressed\u0026nbsp; assets and loans.\u003c/p\u003e\n\u003cp\u003eDavid is completely client-focused and results-driven and is able to see beyond the particular challenges of a transaction in order to serve as a catalyst to closing it. David has been\u0026nbsp;recognized as a \u0026ldquo;Rising Star\u0026rdquo; by \u003cem\u003eSuper Lawyers\u003c/em\u003e for six (6) years.\u003c/p\u003e\n\u003cp\u003eA frequent panelist and speaker, David is also an Adjunct Faculty Member at Georgetown University.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDavid has given lectures and provided trainings to hundreds of other attorneys and legal professionals in implementing cutting edge legal technology and artificial intelligence tools in today\u0026rsquo;s modern law practice.\u003c/p\u003e","recognitions":[{"title":"Member, Board of Governors","detail":"American Association of Jewish Lawyers and Jurists"},{"title":"Member, Executive Committee and Board of Directors","detail":"Jewish Community Center of San Diego County, 2015-2018"},{"title":"Rising Star","detail":"Super Lawyer, 2018 - 2023"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9505}]},"capability_group_id":1},"created_at":"2026-02-16T22:01:32.000Z","updated_at":"2026-02-16T22:01:32.000Z","searchable_text":"Stone{{ FIELD }}{:title=\u0026gt;\"Member, Board of Governors\", :detail=\u0026gt;\"American Association of Jewish Lawyers and Jurists\"}{{ FIELD }}{:title=\u0026gt;\"Member, Executive Committee and Board of Directors\", :detail=\u0026gt;\"Jewish Community Center of San Diego County, 2015-2018\"}{{ FIELD }}{:title=\u0026gt;\"Rising Star\", :detail=\u0026gt;\"Super Lawyer, 2018 - 2023\"}{{ FIELD }}David L. Stone is a Partner in the Corporate, Finance, and Investments practice group in our offices located in Washington, D.C. and Los Angeles, California. David acts as a strategic advisor to clients and is a nationally-recognized private equity lawyer. David is known for spearheading market-leading transactions throughout the U.S. and globally. Clients seek out David for his business insights, reliable judgment and innovative thinking – they regard him as a “go-to” legal advisor and a valuable connector for bridging networks and integrating ideas. He provides essential insights and guidance for C-suite leadership with their most sensitive and important transactions and initiatives.\nDavid represents domestic and multi-national private equity funds, institutional investors, and public and private companies with their investments, debt transactions, and development projects across a broad spectrum of asset classes throughout the United States and globally.  David also advises clients on how best to reposition distressed  assets and loans.\nDavid is completely client-focused and results-driven and is able to see beyond the particular challenges of a transaction in order to serve as a catalyst to closing it. David has been recognized as a “Rising Star” by Super Lawyers for six (6) years.\nA frequent panelist and speaker, David is also an Adjunct Faculty Member at Georgetown University.\nDavid has given lectures and provided trainings to hundreds of other attorneys and legal professionals in implementing cutting edge legal technology and artificial intelligence tools in today’s modern law practice. david stone king and spalding Partner Member, Board of Governors American Association of Jewish Lawyers and Jurists Member, Executive Committee and Board of Directors Jewish Community Center of San Diego County, 2015-2018 Rising Star Super Lawyer, 2018 - 2023 University of Southern California USC Gould School of Law Loyola Law School Loyola Law School Loyola Law School Loyola Law School California District of Columbia","searchable_name":"David L. Stone","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":436386,"version":1,"owner_type":"Person","owner_id":2856,"payload":{"bio":"\u003cp\u003ePeter A. Strotz has been litigating tort, product liability, and commercial matters for over 30 years\u0026nbsp;and has first-chaired dozens of trials in courts throughout California and the U.S.\u0026nbsp; His\u0026nbsp;cases involve\u0026nbsp;novel medical, scientific and legal issues for global manufacturing companies, including pharmaceutical, healthcare, oil, gas, engineered and specialty materials, paints, and coatings companies.\u0026nbsp; Peter has acted as national, regional and local trial counsel in a variety of commercial, antitrust, and toxic tort matters.\u0026nbsp; He is\u0026nbsp;the founding and managing partner of the firm\u0026rsquo;s Los Angeles, California office.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePeter is a senior member\u0026nbsp;of the firm\u0026rsquo;s Product Liability Practice, which was selected by\u0026nbsp;\u003cem\u003eLaw360\u003c/em\u003e\u0026nbsp;as the Product Liability Group of the Year for seven of the last eight years.\u0026nbsp;In what was recognized as a Top Verdict of 2019 by\u0026nbsp;\u003cem\u003eThe Daily Journal,\u0026nbsp;\u003c/em\u003ePeter\u0026nbsp;achieved a complete defense verdict on behalf of Prime Healthcare against the California Department of Insurance (CDI) and a Relator in a major Insurance Frauds Prevention Act trial in Los Angeles County Superior Court that established a precedent for healthcare providers facing these types of allegations.\u003c/p\u003e","slug":"peter-strotz","email":"pstrotz@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003ePharmaceutical\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eServes as national coordinating counsel for\u0026nbsp;\u003cstrong\u003ea major innovator pharmaceutical company\u003c/strong\u003e\u0026nbsp;in the defense of hundreds of claims that treatment with a widely prescribed branded statin causes diabetes, cardiovascular problems, and liver and kidney problems.\u003c/p\u003e","\u003cp\u003eActed as California counsel for\u0026nbsp;\u003cstrong\u003ea major pharmaceutical company\u003c/strong\u003e\u0026nbsp;in the defense of product liability litigation involving a branded proton pump inhibitor.\u003c/p\u003e","\u003cp\u003eRepresents\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eGlaxoSmithKline\u003c/strong\u003e\u0026nbsp;in product liability cases in California involving claims of birth defects.\u003c/p\u003e","\u003cp\u003eDefends\u0026nbsp;\u003cstrong\u003ea global pharmaceutical company\u003c/strong\u003e\u0026nbsp;in product liability cases involving the administration of a corticosteroid.\u003c/p\u003e","\u003cp\u003eServed on the national trial and leadership teams representing\u0026nbsp;\u003cstrong\u003ea major innovator pharmaceutical company\u003c/strong\u003e\u0026nbsp;in the defense of claims that an antipsychotic medication causes weight gain, diabetes, and pancreatitis.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003ethe manufacturer of a dental anesthetic\u003c/strong\u003e\u0026nbsp;in product liability cases filed throughout the U.S.\u003c/p\u003e","\u003cp\u003eActed as California counsel representing\u0026nbsp;\u003cstrong\u003ea major innovator pharmaceutical company\u003c/strong\u003e\u0026nbsp;in the defense of multiple personal injury cases which involved claims that pain pumps cause degeneration of shoulder joint cartilage.\u003c/p\u003e","\u003cp\u003eServed as California trial counsel for\u0026nbsp;\u003cstrong\u003ea global brand name pharmaceutical company\u003c/strong\u003e\u0026nbsp;in an action brought by independent pharmacies alleging a nationwide price-fixing conspiracy among the manufacturers of brand name prescription drugs.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eThe Dow Chemical Company\u003c/strong\u003e\u0026nbsp;as the alleged successor to the manufacturer of the Salk polio vaccine. In numerous product liability actions filed by individual plaintiffs in San Francisco, Los Angeles and Orange counties, Peter led a team that successfully formulated an end-game strategy resulting in the statewide dismissals of all plaintiffs\u0026rsquo; claims at the pleading stage.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eSmartHealth Inc.,\u003c/strong\u003e\u0026nbsp;in the defense of the latex glove product liability cases.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eHealthcare\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eAchieved a defense verdict on behalf of a hospital and healthcare system in a\u0026nbsp;\u003cem\u003equi tam\u003c/em\u003e\u0026nbsp;trial involving allegations of healthcare fraud related to licensing and patient steering brought by a Relator and the California Department of Insurance.\u003c/p\u003e","\u003cp\u003eRepresents\u0026nbsp;\u003cstrong\u003ea South American Public Health Agency\u003c/strong\u003e\u0026nbsp;in a breach of contract action arising out of its attempted purchase of ventilators to address the Covid-19 health crisis.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eToxic Tort \u0026ndash; Benzene\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented a number of Fortune and Global 1000 companies, including\u0026nbsp;\u003cstrong\u003eAkzoNobel, D Aircraft Products, Cytec Industries, Inc., Indopco, Inc.,\u0026nbsp;\u003c/strong\u003eand\u0026nbsp;\u003cstrong\u003eChevron U.S.A. Inc.\u003c/strong\u003e, in personal injury cases venued in Northern and Southern California, involving claims of exposure to benzene.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003eToxic Tort \u0026ndash; Silica\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eLed a team that represented\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eChevron U.S.A. Inc., Union Oil Company of California and Hewlett-Packard Company\u003c/strong\u003e\u0026nbsp;in the defense of silica-related product and premises personal injury claims filed in California state court.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eToxic Tort \u0026ndash; Asbestos\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eDefends Chevron U.S.A. Inc. and Texaco Inc. in cases involving claims of exposure to asbestos at the Abadan Refinery in Iran in the 1950s, 1960s and 1970s. Won summary judgments in four cases and won appellate arguments in the cases where those summary judgment wins have been appealed.\u003c/p\u003e","\u003cp\u003eHandled, through trial verdict, asbestos product and premises liability dockets throughout the State of California on behalf of numerous companies, including\u0026nbsp;\u003cstrong\u003eChevron U.S.A. Inc., Texaco Inc., Unocal Corporation, Hewlett-Packard Company, UOP LLC, The Glidden Company, American Cyanamid Company, Fiberite Inc, Flintkote, Western MacArthur, Baxter Healthcare, The Dow Chemical Company and Rhone-Poulenc,\u003c/strong\u003e\u0026nbsp;for a period of over 25 years. He obtained a defense verdict for Fiberite after a seven-week jury trial in Los Angeles County Superior Court where plaintiff claimed he developed mesothelioma as a result of exposure to a Fiberite molding compound.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003eToxic Tort \u0026ndash; Agricultural Chemicals\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eActed as national counsel for\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ethe manufacturer of synthetic pyrethrin pesticides\u003c/strong\u003e\u0026nbsp;in product liability actions filed throughout the United States.\u003c/p\u003e","\u003cp\u003eServed as co-counsel on a trial team that obtained a defense verdict in an alleged Paraquat\u0026reg; exposure trial in a California state action.\u003c/p\u003e","\u003cp\u003eServed on a team that successfully defended\u003cstrong\u003e\u0026nbsp;Rhone-Poulenc (nka Rhodia)\u0026nbsp;\u003c/strong\u003ein the personal injury claims of over 400 individuals arising out of a chemical fire at a sulfuric acid regeneration facility in Martinez, California. Lead Paint.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eLead Paint\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eAmerican Cyanamid Company\u003c/strong\u003e\u0026nbsp;in an action being prosecuted by cities and counties throughout the State of California against the manufacturers of paint pigments alleging that presence of lead in paint in commercial and residential buildings constituted a public nuisance.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMtBE\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eChevron U.S.A. Inc. and Union Oil Company of California\u003c/strong\u003e\u0026nbsp;in Methyl Tertiary Butyl Ether (MtBE) cases involving claims of personal injury and groundwater contamination.\u003c/p\u003e","\u003cp\u003eObtained a defense verdict in favor of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea specialty ink manufacturer\u003c/strong\u003e\u0026nbsp;in a commercial sales action.\u003c/p\u003e","\u003cp\u003eDefended successfully\u0026nbsp;\u003cstrong\u003ethe manufacturer of food flavoring products\u003c/strong\u003e\u0026nbsp;in a commercial action filed in federal district court.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eCommercial Design Claims.\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003ea process design engineering company\u003c/strong\u003e\u0026nbsp;in professional negligence claims and recently won a nonsuit after a five-week jury trial in Los Angeles County Superior Court.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":1,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":2,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":3,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":4,"source":"capabilities"},{"id":761,"guid":"761.smart_tags","index":5,"source":"smartTags"},{"id":17,"guid":"17.capabilities","index":6,"source":"capabilities"},{"id":16,"guid":"16.capabilities","index":7,"source":"capabilities"},{"id":24,"guid":"24.capabilities","index":8,"source":"capabilities"},{"id":1303,"guid":"1303.smart_tags","index":9,"source":"smartTags"},{"id":970,"guid":"970.smart_tags","index":10,"source":"smartTags"}],"is_active":true,"last_name":"Strotz","nick_name":"Peter","clerkships":[],"first_name":"Peter","title_rank":9999,"updated_by":196,"law_schools":[],"middle_name":"A.","name_suffix":"","recognitions":[{"title":"Outstanding Individual in Product Liability","detail":"Who's Who Legal 2019"},{"title":"Best Lawyers in America","detail":"2013 – 2017"},{"title":"San Francisco’s Best Lawyers","detail":"2013"},{"title":"Recommended Lawyer for Product Liability and Mass Tort Defense: Toxic Tort (Tier 1) ","detail":"U.S. Legal 500 , 2013. 2015 and 2016"},{"title":"Highest AV Rating ","detail":"Martindale-Hubbell"},{"title":"Super Lawyer ","detail":"San Francisco Magazine, 2004–2006, 2011–2013"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003ePeter A. Strotz has been litigating tort, product liability, and commercial matters for over 30 years\u0026nbsp;and has first-chaired dozens of trials in courts throughout California and the U.S.\u0026nbsp; His\u0026nbsp;cases involve\u0026nbsp;novel medical, scientific and legal issues for global manufacturing companies, including pharmaceutical, healthcare, oil, gas, engineered and specialty materials, paints, and coatings companies.\u0026nbsp; Peter has acted as national, regional and local trial counsel in a variety of commercial, antitrust, and toxic tort matters.\u0026nbsp; He is\u0026nbsp;the founding and managing partner of the firm\u0026rsquo;s Los Angeles, California office.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePeter is a senior member\u0026nbsp;of the firm\u0026rsquo;s Product Liability Practice, which was selected by\u0026nbsp;\u003cem\u003eLaw360\u003c/em\u003e\u0026nbsp;as the Product Liability Group of the Year for seven of the last eight years.\u0026nbsp;In what was recognized as a Top Verdict of 2019 by\u0026nbsp;\u003cem\u003eThe Daily Journal,\u0026nbsp;\u003c/em\u003ePeter\u0026nbsp;achieved a complete defense verdict on behalf of Prime Healthcare against the California Department of Insurance (CDI) and a Relator in a major Insurance Frauds Prevention Act trial in Los Angeles County Superior Court that established a precedent for healthcare providers facing these types of allegations.\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003ePharmaceutical\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eServes as national coordinating counsel for\u0026nbsp;\u003cstrong\u003ea major innovator pharmaceutical company\u003c/strong\u003e\u0026nbsp;in the defense of hundreds of claims that treatment with a widely prescribed branded statin causes diabetes, cardiovascular problems, and liver and kidney problems.\u003c/p\u003e","\u003cp\u003eActed as California counsel for\u0026nbsp;\u003cstrong\u003ea major pharmaceutical company\u003c/strong\u003e\u0026nbsp;in the defense of product liability litigation involving a branded proton pump inhibitor.\u003c/p\u003e","\u003cp\u003eRepresents\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eGlaxoSmithKline\u003c/strong\u003e\u0026nbsp;in product liability cases in California involving claims of birth defects.\u003c/p\u003e","\u003cp\u003eDefends\u0026nbsp;\u003cstrong\u003ea global pharmaceutical company\u003c/strong\u003e\u0026nbsp;in product liability cases involving the administration of a corticosteroid.\u003c/p\u003e","\u003cp\u003eServed on the national trial and leadership teams representing\u0026nbsp;\u003cstrong\u003ea major innovator pharmaceutical company\u003c/strong\u003e\u0026nbsp;in the defense of claims that an antipsychotic medication causes weight gain, diabetes, and pancreatitis.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003ethe manufacturer of a dental anesthetic\u003c/strong\u003e\u0026nbsp;in product liability cases filed throughout the U.S.\u003c/p\u003e","\u003cp\u003eActed as California counsel representing\u0026nbsp;\u003cstrong\u003ea major innovator pharmaceutical company\u003c/strong\u003e\u0026nbsp;in the defense of multiple personal injury cases which involved claims that pain pumps cause degeneration of shoulder joint cartilage.\u003c/p\u003e","\u003cp\u003eServed as California trial counsel for\u0026nbsp;\u003cstrong\u003ea global brand name pharmaceutical company\u003c/strong\u003e\u0026nbsp;in an action brought by independent pharmacies alleging a nationwide price-fixing conspiracy among the manufacturers of brand name prescription drugs.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eThe Dow Chemical Company\u003c/strong\u003e\u0026nbsp;as the alleged successor to the manufacturer of the Salk polio vaccine. In numerous product liability actions filed by individual plaintiffs in San Francisco, Los Angeles and Orange counties, Peter led a team that successfully formulated an end-game strategy resulting in the statewide dismissals of all plaintiffs\u0026rsquo; claims at the pleading stage.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eSmartHealth Inc.,\u003c/strong\u003e\u0026nbsp;in the defense of the latex glove product liability cases.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eHealthcare\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eAchieved a defense verdict on behalf of a hospital and healthcare system in a\u0026nbsp;\u003cem\u003equi tam\u003c/em\u003e\u0026nbsp;trial involving allegations of healthcare fraud related to licensing and patient steering brought by a Relator and the California Department of Insurance.\u003c/p\u003e","\u003cp\u003eRepresents\u0026nbsp;\u003cstrong\u003ea South American Public Health Agency\u003c/strong\u003e\u0026nbsp;in a breach of contract action arising out of its attempted purchase of ventilators to address the Covid-19 health crisis.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eToxic Tort \u0026ndash; Benzene\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented a number of Fortune and Global 1000 companies, including\u0026nbsp;\u003cstrong\u003eAkzoNobel, D Aircraft Products, Cytec Industries, Inc., Indopco, Inc.,\u0026nbsp;\u003c/strong\u003eand\u0026nbsp;\u003cstrong\u003eChevron U.S.A. Inc.\u003c/strong\u003e, in personal injury cases venued in Northern and Southern California, involving claims of exposure to benzene.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003eToxic Tort \u0026ndash; Silica\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eLed a team that represented\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003eChevron U.S.A. Inc., Union Oil Company of California and Hewlett-Packard Company\u003c/strong\u003e\u0026nbsp;in the defense of silica-related product and premises personal injury claims filed in California state court.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eToxic Tort \u0026ndash; Asbestos\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eDefends Chevron U.S.A. Inc. and Texaco Inc. in cases involving claims of exposure to asbestos at the Abadan Refinery in Iran in the 1950s, 1960s and 1970s. Won summary judgments in four cases and won appellate arguments in the cases where those summary judgment wins have been appealed.\u003c/p\u003e","\u003cp\u003eHandled, through trial verdict, asbestos product and premises liability dockets throughout the State of California on behalf of numerous companies, including\u0026nbsp;\u003cstrong\u003eChevron U.S.A. Inc., Texaco Inc., Unocal Corporation, Hewlett-Packard Company, UOP LLC, The Glidden Company, American Cyanamid Company, Fiberite Inc, Flintkote, Western MacArthur, Baxter Healthcare, The Dow Chemical Company and Rhone-Poulenc,\u003c/strong\u003e\u0026nbsp;for a period of over 25 years. He obtained a defense verdict for Fiberite after a seven-week jury trial in Los Angeles County Superior Court where plaintiff claimed he developed mesothelioma as a result of exposure to a Fiberite molding compound.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003eToxic Tort \u0026ndash; Agricultural Chemicals\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eActed as national counsel for\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ethe manufacturer of synthetic pyrethrin pesticides\u003c/strong\u003e\u0026nbsp;in product liability actions filed throughout the United States.\u003c/p\u003e","\u003cp\u003eServed as co-counsel on a trial team that obtained a defense verdict in an alleged Paraquat\u0026reg; exposure trial in a California state action.\u003c/p\u003e","\u003cp\u003eServed on a team that successfully defended\u003cstrong\u003e\u0026nbsp;Rhone-Poulenc (nka Rhodia)\u0026nbsp;\u003c/strong\u003ein the personal injury claims of over 400 individuals arising out of a chemical fire at a sulfuric acid regeneration facility in Martinez, California. Lead Paint.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eLead Paint\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eAmerican Cyanamid Company\u003c/strong\u003e\u0026nbsp;in an action being prosecuted by cities and counties throughout the State of California against the manufacturers of paint pigments alleging that presence of lead in paint in commercial and residential buildings constituted a public nuisance.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMtBE\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eChevron U.S.A. Inc. and Union Oil Company of California\u003c/strong\u003e\u0026nbsp;in Methyl Tertiary Butyl Ether (MtBE) cases involving claims of personal injury and groundwater contamination.\u003c/p\u003e","\u003cp\u003eObtained a defense verdict in favor of\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003ea specialty ink manufacturer\u003c/strong\u003e\u0026nbsp;in a commercial sales action.\u003c/p\u003e","\u003cp\u003eDefended successfully\u0026nbsp;\u003cstrong\u003ethe manufacturer of food flavoring products\u003c/strong\u003e\u0026nbsp;in a commercial action filed in federal district court.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eCommercial Design Claims.\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003ea process design engineering company\u003c/strong\u003e\u0026nbsp;in professional negligence claims and recently won a nonsuit after a five-week jury trial in Los Angeles County Superior Court.\u003c/p\u003e"],"recognitions":[{"title":"Outstanding Individual in Product Liability","detail":"Who's Who Legal 2019"},{"title":"Best Lawyers in America","detail":"2013 – 2017"},{"title":"San Francisco’s Best Lawyers","detail":"2013"},{"title":"Recommended Lawyer for Product Liability and Mass Tort Defense: Toxic Tort (Tier 1) ","detail":"U.S. Legal 500 , 2013. 2015 and 2016"},{"title":"Highest AV Rating ","detail":"Martindale-Hubbell"},{"title":"Super Lawyer ","detail":"San Francisco Magazine, 2004–2006, 2011–2013"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":4719}]},"capability_group_id":3},"created_at":"2025-09-02T04:51:37.000Z","updated_at":"2025-09-02T04:51:37.000Z","searchable_text":"Strotz{{ FIELD }}{:title=\u0026gt;\"Outstanding Individual in Product Liability\", :detail=\u0026gt;\"Who's Who Legal 2019\"}{{ FIELD }}{:title=\u0026gt;\"Best Lawyers in America\", :detail=\u0026gt;\"2013 – 2017\"}{{ FIELD }}{:title=\u0026gt;\"San Francisco’s Best Lawyers\", :detail=\u0026gt;\"2013\"}{{ FIELD }}{:title=\u0026gt;\"Recommended Lawyer for Product Liability and Mass Tort Defense: Toxic Tort (Tier 1) \", :detail=\u0026gt;\"U.S. Legal 500 , 2013. 2015 and 2016\"}{{ FIELD }}{:title=\u0026gt;\"Highest AV Rating \", :detail=\u0026gt;\"Martindale-Hubbell\"}{{ FIELD }}{:title=\u0026gt;\"Super Lawyer \", :detail=\u0026gt;\"San Francisco Magazine, 2004–2006, 2011–2013\"}{{ FIELD }}Pharmaceutical\nServes as national coordinating counsel for a major innovator pharmaceutical company in the defense of hundreds of claims that treatment with a widely prescribed branded statin causes diabetes, cardiovascular problems, and liver and kidney problems.{{ FIELD }}Acted as California counsel for a major pharmaceutical company in the defense of product liability litigation involving a branded proton pump inhibitor.{{ FIELD }}Represents GlaxoSmithKline in product liability cases in California involving claims of birth defects.{{ FIELD }}Defends a global pharmaceutical company in product liability cases involving the administration of a corticosteroid.{{ FIELD }}Served on the national trial and leadership teams representing a major innovator pharmaceutical company in the defense of claims that an antipsychotic medication causes weight gain, diabetes, and pancreatitis.{{ FIELD }}Defended the manufacturer of a dental anesthetic in product liability cases filed throughout the U.S.{{ FIELD }}Acted as California counsel representing a major innovator pharmaceutical company in the defense of multiple personal injury cases which involved claims that pain pumps cause degeneration of shoulder joint cartilage.{{ FIELD }}Served as California trial counsel for a global brand name pharmaceutical company in an action brought by independent pharmacies alleging a nationwide price-fixing conspiracy among the manufacturers of brand name prescription drugs.{{ FIELD }}Represented The Dow Chemical Company as the alleged successor to the manufacturer of the Salk polio vaccine. In numerous product liability actions filed by individual plaintiffs in San Francisco, Los Angeles and Orange counties, Peter led a team that successfully formulated an end-game strategy resulting in the statewide dismissals of all plaintiffs’ claims at the pleading stage.{{ FIELD }}Represented SmartHealth Inc., in the defense of the latex glove product liability cases.{{ FIELD }}Healthcare\nAchieved a defense verdict on behalf of a hospital and healthcare system in a qui tam trial involving allegations of healthcare fraud related to licensing and patient steering brought by a Relator and the California Department of Insurance.{{ FIELD }}Represents a South American Public Health Agency in a breach of contract action arising out of its attempted purchase of ventilators to address the Covid-19 health crisis.{{ FIELD }}Toxic Tort – Benzene\nRepresented a number of Fortune and Global 1000 companies, including AkzoNobel, D Aircraft Products, Cytec Industries, Inc., Indopco, Inc., and Chevron U.S.A. Inc., in personal injury cases venued in Northern and Southern California, involving claims of exposure to benzene.{{ FIELD }}Toxic Tort – Silica\nLed a team that represented Chevron U.S.A. Inc., Union Oil Company of California and Hewlett-Packard Company in the defense of silica-related product and premises personal injury claims filed in California state court.{{ FIELD }}Toxic Tort – Asbestos\nDefends Chevron U.S.A. Inc. and Texaco Inc. in cases involving claims of exposure to asbestos at the Abadan Refinery in Iran in the 1950s, 1960s and 1970s. Won summary judgments in four cases and won appellate arguments in the cases where those summary judgment wins have been appealed.{{ FIELD }}Handled, through trial verdict, asbestos product and premises liability dockets throughout the State of California on behalf of numerous companies, including Chevron U.S.A. Inc., Texaco Inc., Unocal Corporation, Hewlett-Packard Company, UOP LLC, The Glidden Company, American Cyanamid Company, Fiberite Inc, Flintkote, Western MacArthur, Baxter Healthcare, The Dow Chemical Company and Rhone-Poulenc, for a period of over 25 years. He obtained a defense verdict for Fiberite after a seven-week jury trial in Los Angeles County Superior Court where plaintiff claimed he developed mesothelioma as a result of exposure to a Fiberite molding compound.{{ FIELD }}Toxic Tort – Agricultural Chemicals\nActed as national counsel for the manufacturer of synthetic pyrethrin pesticides in product liability actions filed throughout the United States.{{ FIELD }}Served as co-counsel on a trial team that obtained a defense verdict in an alleged Paraquat® exposure trial in a California state action.{{ FIELD }}Served on a team that successfully defended Rhone-Poulenc (nka Rhodia) in the personal injury claims of over 400 individuals arising out of a chemical fire at a sulfuric acid regeneration facility in Martinez, California. Lead Paint.{{ FIELD }}Lead Paint\nRepresented American Cyanamid Company in an action being prosecuted by cities and counties throughout the State of California against the manufacturers of paint pigments alleging that presence of lead in paint in commercial and residential buildings constituted a public nuisance.{{ FIELD }}MtBE\nRepresented Chevron U.S.A. Inc. and Union Oil Company of California in Methyl Tertiary Butyl Ether (MtBE) cases involving claims of personal injury and groundwater contamination.{{ FIELD }}Obtained a defense verdict in favor of a specialty ink manufacturer in a commercial sales action.{{ FIELD }}Defended successfully the manufacturer of food flavoring products in a commercial action filed in federal district court.{{ FIELD }}Commercial Design Claims.\nDefending a process design engineering company in professional negligence claims and recently won a nonsuit after a five-week jury trial in Los Angeles County Superior Court.{{ FIELD }}Peter A. Strotz has been litigating tort, product liability, and commercial matters for over 30 years and has first-chaired dozens of trials in courts throughout California and the U.S.  His cases involve novel medical, scientific and legal issues for global manufacturing companies, including pharmaceutical, healthcare, oil, gas, engineered and specialty materials, paints, and coatings companies.  Peter has acted as national, regional and local trial counsel in a variety of commercial, antitrust, and toxic tort matters.  He is the founding and managing partner of the firm’s Los Angeles, California office.\nPeter is a senior member of the firm’s Product Liability Practice, which was selected by Law360 as the Product Liability Group of the Year for seven of the last eight years. In what was recognized as a Top Verdict of 2019 by The Daily Journal, Peter achieved a complete defense verdict on behalf of Prime Healthcare against the California Department of Insurance (CDI) and a Relator in a major Insurance Frauds Prevention Act trial in Los Angeles County Superior Court that established a precedent for healthcare providers facing these types of allegations. Partner Outstanding Individual in Product Liability Who's Who Legal 2019 Best Lawyers in America 2013 – 2017 San Francisco’s Best Lawyers 2013 Recommended Lawyer for Product Liability and Mass Tort Defense: Toxic Tort (Tier 1)  U.S. Legal 500 , 2013. 2015 and 2016 Highest AV Rating  Martindale-Hubbell Super Lawyer  San Francisco Magazine, 2004–2006, 2011–2013 University of California, Berkeley University of California, Berkeley, School of Law University of San Francisco University of San Francisco School of Law U.S. District Court for the Eastern District of California U.S. District Court for the Northern District of California U.S. District Court for the Southern District of California California State Bar of California Bar Association of San Francisco USF Inns of Court Swiss American Chamber of Commerce International Association of Defense Counsel American Bar Association (Environmental, Product Liability and Mass Tort sections) Alameda County Bar Association Bar Association of San Francisco Defense Research Institute (Drug and Medical Device, Product Liability and Toxic Tort committees) Association of Defense Counsel Pharmaceutical\nServes as national coordinating counsel for a major innovator pharmaceutical company in the defense of hundreds of claims that treatment with a widely prescribed branded statin causes diabetes, cardiovascular problems, and liver and kidney problems. Acted as California counsel for a major pharmaceutical company in the defense of product liability litigation involving a branded proton pump inhibitor. Represents GlaxoSmithKline in product liability cases in California involving claims of birth defects. Defends a global pharmaceutical company in product liability cases involving the administration of a corticosteroid. Served on the national trial and leadership teams representing a major innovator pharmaceutical company in the defense of claims that an antipsychotic medication causes weight gain, diabetes, and pancreatitis. Defended the manufacturer of a dental anesthetic in product liability cases filed throughout the U.S. Acted as California counsel representing a major innovator pharmaceutical company in the defense of multiple personal injury cases which involved claims that pain pumps cause degeneration of shoulder joint cartilage. Served as California trial counsel for a global brand name pharmaceutical company in an action brought by independent pharmacies alleging a nationwide price-fixing conspiracy among the manufacturers of brand name prescription drugs. Represented The Dow Chemical Company as the alleged successor to the manufacturer of the Salk polio vaccine. In numerous product liability actions filed by individual plaintiffs in San Francisco, Los Angeles and Orange counties, Peter led a team that successfully formulated an end-game strategy resulting in the statewide dismissals of all plaintiffs’ claims at the pleading stage. Represented SmartHealth Inc., in the defense of the latex glove product liability cases. Healthcare\nAchieved a defense verdict on behalf of a hospital and healthcare system in a qui tam trial involving allegations of healthcare fraud related to licensing and patient steering brought by a Relator and the California Department of Insurance. Represents a South American Public Health Agency in a breach of contract action arising out of its attempted purchase of ventilators to address the Covid-19 health crisis. Toxic Tort – Benzene\nRepresented a number of Fortune and Global 1000 companies, including AkzoNobel, D Aircraft Products, Cytec Industries, Inc., Indopco, Inc., and Chevron U.S.A. Inc., in personal injury cases venued in Northern and Southern California, involving claims of exposure to benzene. Toxic Tort – Silica\nLed a team that represented Chevron U.S.A. Inc., Union Oil Company of California and Hewlett-Packard Company in the defense of silica-related product and premises personal injury claims filed in California state court. Toxic Tort – Asbestos\nDefends Chevron U.S.A. Inc. and Texaco Inc. in cases involving claims of exposure to asbestos at the Abadan Refinery in Iran in the 1950s, 1960s and 1970s. Won summary judgments in four cases and won appellate arguments in the cases where those summary judgment wins have been appealed. Handled, through trial verdict, asbestos product and premises liability dockets throughout the State of California on behalf of numerous companies, including Chevron U.S.A. Inc., Texaco Inc., Unocal Corporation, Hewlett-Packard Company, UOP LLC, The Glidden Company, American Cyanamid Company, Fiberite Inc, Flintkote, Western MacArthur, Baxter Healthcare, The Dow Chemical Company and Rhone-Poulenc, for a period of over 25 years. He obtained a defense verdict for Fiberite after a seven-week jury trial in Los Angeles County Superior Court where plaintiff claimed he developed mesothelioma as a result of exposure to a Fiberite molding compound. Toxic Tort – Agricultural Chemicals\nActed as national counsel for the manufacturer of synthetic pyrethrin pesticides in product liability actions filed throughout the United States. Served as co-counsel on a trial team that obtained a defense verdict in an alleged Paraquat® exposure trial in a California state action. Served on a team that successfully defended Rhone-Poulenc (nka Rhodia) in the personal injury claims of over 400 individuals arising out of a chemical fire at a sulfuric acid regeneration facility in Martinez, California. Lead Paint. Lead Paint\nRepresented American Cyanamid Company in an action being prosecuted by cities and counties throughout the State of California against the manufacturers of paint pigments alleging that presence of lead in paint in commercial and residential buildings constituted a public nuisance. MtBE\nRepresented Chevron U.S.A. Inc. and Union Oil Company of California in Methyl Tertiary Butyl Ether (MtBE) cases involving claims of personal injury and groundwater contamination. Obtained a defense verdict in favor of a specialty ink manufacturer in a commercial sales action. Defended successfully the manufacturer of food flavoring products in a commercial action filed in federal district court. Commercial Design Claims.\nDefending a process design engineering company in professional negligence claims and recently won a nonsuit after a five-week jury trial in Los Angeles County Superior Court.","searchable_name":"Peter A. Strotz","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":196,"capability_group_featured":null,"home_page_featured":null},{"id":444232,"version":1,"owner_type":"Person","owner_id":5416,"payload":{"bio":"\u003cp\u003eJonathan Shin is a counsel in the Los Angeles\u0026nbsp;office of King \u0026amp; Spalding and a member of the firm's Healthcare practice. He represents\u0026nbsp;hospitals, behavioral health facilities, laboratories, medical device manufacturers and other healthcare providers in managed care and general commercial litigation\u0026nbsp;in arbitrations and state and federal civil actions throughout the country.\u0026nbsp; Jonathan also has experience defending companies\u0026nbsp;against government investigations and\u0026nbsp;accusations of fraud and abuse.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJonathan has counseled and represented companies in matters involving managed care, contracting, insurance, fraud and abuse, e-discovery, commercial real estate, trade secrets and intellectual property.\u0026nbsp; Jonathan has significant case management, deposition, motion and trial experience, and has been a member of numerous trial and arbitration teams in matters that resulted in favorable outcomes for his clients.\u0026nbsp;\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eJonathan received his Bachelor of Science in Biology from Stony Brook University\u0026nbsp;and his Juris Doctor\u0026nbsp;from UCLA School of Law, where he was Order of the Coif, a participant in the Moot Court Honors Program,\u0026nbsp;and managing editor of the\u0026nbsp;\u003cem\u003ePacific Basin Law Journal\u003c/em\u003e.\u0026nbsp; \u0026nbsp;\u0026nbsp;\u003c/p\u003e","slug":"jonathan-shin","email":"jshin@kslaw.com","phone":null,"matters":[""],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":24,"guid":"24.capabilities","index":0,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":1,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":740,"guid":"740.smart_tags","index":4,"source":"smartTags"}],"is_active":true,"last_name":"Shin","nick_name":"Jonathan","clerkships":[],"first_name":"Jonathan","title_rank":9999,"updated_by":34,"law_schools":[{"id":2162,"meta":{"degree":"J.D.","honors":"Order of the Coif","is_law_school":1,"graduation_date":"2012-01-01 00:00:00 UTC"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"H.","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":14,"translated_fields":{"en":{"bio":"\u003cp\u003eJonathan Shin is a counsel in the Los Angeles\u0026nbsp;office of King \u0026amp; Spalding and a member of the firm's Healthcare practice. He represents\u0026nbsp;hospitals, behavioral health facilities, laboratories, medical device manufacturers and other healthcare providers in managed care and general commercial litigation\u0026nbsp;in arbitrations and state and federal civil actions throughout the country.\u0026nbsp; Jonathan also has experience defending companies\u0026nbsp;against government investigations and\u0026nbsp;accusations of fraud and abuse.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJonathan has counseled and represented companies in matters involving managed care, contracting, insurance, fraud and abuse, e-discovery, commercial real estate, trade secrets and intellectual property.\u0026nbsp; Jonathan has significant case management, deposition, motion and trial experience, and has been a member of numerous trial and arbitration teams in matters that resulted in favorable outcomes for his clients.\u0026nbsp;\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eJonathan received his Bachelor of Science in Biology from Stony Brook University\u0026nbsp;and his Juris Doctor\u0026nbsp;from UCLA School of Law, where he was Order of the Coif, a participant in the Moot Court Honors Program,\u0026nbsp;and managing editor of the\u0026nbsp;\u003cem\u003ePacific Basin Law Journal\u003c/em\u003e.\u0026nbsp; \u0026nbsp;\u0026nbsp;\u003c/p\u003e","matters":[""]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":6577}]},"capability_group_id":2},"created_at":"2025-12-12T21:56:32.000Z","updated_at":"2025-12-12T21:56:32.000Z","searchable_text":"Shin{{ FIELD }}{{ FIELD }}Jonathan Shin is a counsel in the Los Angeles office of King \u0026amp; Spalding and a member of the firm's Healthcare practice. He represents hospitals, behavioral health facilities, laboratories, medical device manufacturers and other healthcare providers in managed care and general commercial litigation in arbitrations and state and federal civil actions throughout the country.  Jonathan also has experience defending companies against government investigations and accusations of fraud and abuse. \nJonathan has counseled and represented companies in matters involving managed care, contracting, insurance, fraud and abuse, e-discovery, commercial real estate, trade secrets and intellectual property.  Jonathan has significant case management, deposition, motion and trial experience, and has been a member of numerous trial and arbitration teams in matters that resulted in favorable outcomes for his clients.  \nJonathan received his Bachelor of Science in Biology from Stony Brook University and his Juris Doctor from UCLA School of Law, where he was Order of the Coif, a participant in the Moot Court Honors Program, and managing editor of the Pacific Basin Law Journal.     Counsel Stony Brook University  University of California-Los Angeles UCLA School of Law U.S. Court of Appeals for the Third Circuit California ","searchable_name":"Jonathan H. Shin","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":34,"capability_group_featured":null,"home_page_featured":null}]}}