Admitted to Practice | California, 1993 | | U.S. Supreme Court, 2005 | | U.S. Court of Appeals 9th Circuit, 2005 | | U.S. Court of Appeals 7th Circuit, 2011 | | U.S. District Court Central District of California, 1994 | | U.S. District Court Southern District of California, 1999 | | U.S. District Court Eastern District of California, 2000 | | U.S. District Court Western District of Wisconsin, 2001 | | U.S. District Court Northern District of California, 2002 | | U.S. District Court Eastern District of Wisconsin, 2011 |
| Al Wickers focuses on media and entertainment law, assisting clients in a range of matters, including copyright, trademark, right of publicity, defamation, invasion of privacy, and theft of ideas litigation. He also has extensive expertise in defending news organizations against subpoenas, in gaining access to court proceedings and records, and in California Public Records Act, Freedom of Information Act, and Brown Act litigation. In addition to his litigation practice, Al regularly provides production, pre-publication and pre-broadcast counseling. Selected Experience Defending Lionsgate Entertainment against right-of-publicity and false-light claims arising from use of convicted terrorist’s likeness in motion picture. (Cal. Super. Ct. Ongoing) Successfully defended Bauer, publisher of "In Touch Weekly," in a defamation lawsuit filed by soccer star David Beckham over article reporting on alleged tryst with a call girl. In Touch was awarded its attorneys' fees under California's anti-SLAPP statute. Beckham's appeal is pending in the 9th Circuit. (Ongoing) Spearheaded Electronic Arts' defense in both the district court and the Ninth Circuit against former NFL star Jim Brown's Lanham Act and right-of-publicity claims, which arise from EA's use of the former Cleveland Browns running back's likeness in its Madden NFL video game. The district court granted EA's motion to dismiss Brown's Lanham Act claim, finding that the use was protected under the First Amendment. Also led team representing EA in Ninth Circuit in Keller v. EA. In that case, the district court denied EA's special motion to strike the plaintiff's right-of-publicity claims, which arise from EA's use of the former college quarterback's likeness in its NCAA Football video game. The Brown and Keller cases, which were consolidated for appeal in the Ninth Circuit, pit the First Amendment rights of the creators of expressive works against celebrities' right of publicity and rights under Section 43(a) of the Lanham Act. The Ninth Circuit heard oral argument on both cases in February 2011 and took the matters under submission. (C.D. Cal., 9th Cir. Ongoing) Successfully defended Comedy Central, South Park Digital Studios, and other defendants against a copyright-infringement claim arising from South Park's parody of the Internet viral video 'What What in the Butt.' The district court granted the defendants' motion to dismiss, finding that South Park's use of the plaintiffs' video was protected as a fair use under the Section 107 of the Copyright Act. Comedy Central's fee motion is pending, and the plaintiffs have appealed the dismissal to the Seventh Circuit. (E.D. Wis., 7th Cir. Ongoing) Successfully defended The Topps Company against right-of-publicity claims filed by astronaut Buzz Aldrin arising from Topps' use of Aldrin's name and likeness in the Topps American Heritage: American Heroes trading-card set and on the cover of that work. The court granted Topps' anti-SLAPP motion and dismissed the claims, finding that they were barred by the First Amendment. Topps' fee motion is pending and Aldrin has appealed the dismissal to the Ninth Circuit. (C.D. Cal., 9th Cir. Ongoing) First Amendment counsel to the Entertainment Software Association, the trade association that represents major video-game publishers in the United States. Worked with the ESA on proposed right-of-publicity bills in Michigan, Indiana, Massachusetts, New Hampshire, and New York, encouraging lawmakers to afford video games the same protections as other expressive works. Testified before legislative committees, met with lawmakers, submitted written comments to proposed legislation, and helped formulate ESA's strategy. (Ongoing) Regularly provide production and pre-broadcast advice for television programs, webcasts and documentary films, including 'South Park,' 'Tosh.0,' 'Californication,' 'House of Lies,' 'Dexter,' Kitchen Nightmares,' and 'Off Their Rocker.' (Ongoing) Successfully defended Penguin and author Jillian Shriner against defamation, invasion-of-privacy, and right-of-publicity claims arising from the use of the plaintiff's photograph in a promotion for book 'Some Girls: My Life in a Harem', which recounted the author's experiences in a royal harem in Brunei. The court granted Penguin and Ms. Shriner's anti-SLAPP motion and dismissed all of the plaintiff's claims with prejudice. (Cal. Super. Ct. Ongoing) Defending Gawker against defamation, false-light, invasion-of-privacy, and right of publicity claims arising from reporting about former Gov. Arnold Schwarzenegger’s admission that he fathered a child by a former staff member. Gawker has filed an anti-SLAPP motion asking the court to dismiss all four claims. (C.D. Cal. Ongoing) Successfully defended McGraw-Hill against two copyright-infringement lawsuits based on use of allegedly copyrighted material in textbook. The district court granted McGraw-Hill's motion to dismiss and awarded McGraw-Hill its attorneys' fees. The Ninth Circuit dismissed plaintiff's appeal. (C.D. Cal., 9th Cir. Ongoing) Successfully defended Simon & Schuster and child star Jodie Sweetin against false-light lawsuit filed by her ex-husband based on her memoir. The plaintiff dismissed his lawsuit with prejudice after defendants filed their anti-SLAPP motion. (Cal. Super. Ct. 2011) Defended MTV Networks and Randy Jackson against breach of implied-in-fact contract and other idea-submission claims arising from the reality-television show 'America's Best Dance Crew.' The case was resolved several days after MTV filed its motion for summary judgment based on independent creation and the statute of limitations. (Cal. Super. Ct. 2011) Successfully represented The Press-Enterprise in Public Records Act lawsuit resulting in judgment compelling public agency to release information about pensions paid to retired public employees. The court subsequently awarded The Press-Enterprise 100% of its requested fees. (Cal. Super. Ct. 2011) Defended Gawker Media in a copyright-infringement lawsuit filed by actors Eric Dane and Rebecca Gayheart, based on Gawker.com's publication of a news item that included a clip from a videotape showing the couple and another woman naked. In December 2009, the federal district court granted Gawker's motion to strike plaintiffs' claims for statutory damages and attorneys' fees. Case subsequently was resolved. (C.D. Cal. 2010) Successfully defended MTV Networks in an invasion-of-privacy, trespass, and negligence lawsuit arising from the production and broadcast of the popular reality television series 'The Hills.' MTV moved to strike the plaintiff-homeowner's claims under California's anti-SLAPP statute. After the court dismissed the privacy and trespass claims and deferred ruling on the negligence claim, the homeowner voluntarily dismissed all of his claims against MTV to avoid liability for MTV's attorneys' fees. (Cal. Super. Ct. 2010) Additional Qualifications Professional and Community Activities
- Instructor, "Law of Mass Communications," Annenberg School for Communication, University of Southern California, Fall 2000-2007
- Founding Co-Chair, Media Law Resource Center, California Chapter
- Board of Trustees, Hollywood United Methodist Church
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Professional Recognition
- Named by the Hollywood Reporter as one of the "Top 100 Power Lawyers-Litigation," 2011
- Named as one of "America's Leading Lawyers for Business" in Media & Entertainment: Litigation (California) by Chambers USA, 2006-present
- Named as the “Los Angeles Best Lawyers Litigation–First Amendment Lawyer of the Year” for 2012 by Woodward/White
- Named as one of the “Best Lawyers in America” in Media Law by Woodward/White, 2007-present; named in First Amendment Law, 2010-present
- Selected to “Southern California Super Lawyers” in First Amendment/Media/Advertising, Entertainment & Sports, Law & Politics, 2004-2011
- Named as one of Lawdragon's “500 New Stars, New Worlds,” 2006
- Named as one of California Law Business' "20 Under 40," 2000
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Education J.D., University of California, Berkeley, Boalt Hall School of Law, 1993 A.B., History, Harvard College, 1989, magna cum laude | |