Areas of Practice
Complex litigation, contract, intellectual property ownership, copyright, antitrust, right of publicity/privacy, “profit participation” accounting, defamation, trade secrets, employee raiding and other areas affecting the entertainment and communications industries

Since going into private practice in California in 1989, Henry has never lost a case and has won all of his trials.

Significant Cases
Representation of Columbia Pictures Television, Inc., obtaining a $31.6 million jury verdict for vicarious and contributory copyright infringement against the former owner of three television stations. The representation included oral argument in the United States Supreme Court (arguing against now Chief Justice John Roberts) and the Ninth Circuit Court of Appeals, as well as bench and jury trials. Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998); 534 U.S. 1127 (2002); Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc., 106 F.3d 284 (9th Cir. 1997); 152 F.3d 1171 (9th Cir. 1998); 259 F.3d 1186 (9th Cir. 2001).

Expert witness (via written report) on U.S. copyright and trademark law and California unfair competition law in a 2008 U.K trial concerning alleged infringement of the “Storm Trooper” and other “Star Wars” costumes.

Co-counsel for Yeda Research and Development Co. (the marketing arm of the Weizmann Institute of Science in Israel) in a multi-billion dollar patent infringement lawsuit concerning the arthritis drug Enbrel®, marketed by co-defendants Amgen and Wyeth Pharmaceuticals. Obtained summary judgment dismissing the action on the grounds that under Israeli law, Yeda, not plaintiff, owned the U.S. patent at issue.

Representation of the Motion Picture Association of America (“MPAA”) and all of its members (except MGM), obtaining dismissal of a claim by an independent motion picture producer that the MPAA’s Motion Picture Title Registration Bureau violated federal and California antitrust laws and California Business & Professions Code § 17200. Guichard v. Mandalay Pictures, LLC (N.D.CA 2005)

Representation of Columbia Pictures in a 6-party dispute regarding ownership of 39 classic Spanish-language motion pictures starring "Cantinflas", an accounting for participations from the pictures, and ownership of any restored U.S. copyrights under 17 U.S.C. § 104A (if the pictures fell into the U.S. public domain). Columbia prevailed after a three-week trial. The litigation also involved: (i) enjoining parallel Mexican litigation; (ii) assessment of over $10 million in contempt fines; and (iii) issuance of arrest warrants for contempt. A second suit against Columbia – which was filed only weeks after the first suit was resolved in Columbia’s favor – was dismissed under Rules 11 and 37, with entry of judgment in Columbia’s favor on its counterclaims (including forfeiture of claims against Columbia for millions of dollars in participations), and assessment of over $42,000 in fines, costs and attorneys’ fees against adverse counsel for filing claims barred by the first suit. Ivanova v. Columbia Pictures Idustries, Inc., 217 F.R.D. 501 (C.D.CA. 2003). The Ninth Circuit ruled in Columbia’s favor in the appeal in the first suit under section 104A. Laparade v. Ivanova, 387 F.3rd 1099 (9th Cir. 2004). The Court also dismissed appeals in the first and second case under the “Fugitive Disentitlement Doctrine.” Laparade v. Ivanova, 2004 WL 2487633 (9th Cir. Nov. 5, 2004). The dismissals leave all of the lower courts’ rulings in Columbia’s favor intact. In 2005, the U.S. Supreme Court denied Ivanova’s Petition for Certiorari notwithstanding the support of the Government of Mexico as Amicus Curiae.

Successfully represented minority shareholders in a suit to involuntarily dissolve three closely-held, family-owned corporations holding real estate and other assets worth $70 million to $100 million. Representation included a three-month trial, arguments in the Court of Appeal and briefing in the California Supreme Court.

Successfully defended Barney™ (the purple and green dinosaur) in a suit to enjoin the distribution of videotapes containing 30 Barney & Friends™ episodes (with a retail value of over $500 million). Plaintiff sought the injunction based upon the use of plaintiff’s copyrighted posters as set dressing on the walls of the Barney™ classroom set. Representation included a two-day evidentiary hearing which culminated in the denial of the preliminary injunction. Frank Schaffer Publications, Inc. v. The Lyons Group Partnerships, LP, 15 NO. 10 Ent. L. Rep. 9 (C.D. CA. 1993).

Obtained summary judgment in favor of CNN in a copyright infringement and breach of contract lawsuit brought by the videographer of the Rodney King/police beating videotape.

Co-counsel for Columbia Pictures, obtaining summary judgment that Columbia’s unsuccessful copyright infringement lawsuit (brought in concert with seven other major motion picture studios against a potential competitor) was protected by the Knoerr-Pennington doctrine and therefore did not violate the antitrust laws. Further, Columbia’s copyright infringement lawsuit did not come within the “sham exception” to Knoerr-Pennington regardless of Columbia’s subjective intent in bringing the lawsuit because the infringement lawsuit was objectively meritorious (notwithstanding its dismissal). Professional Real Estate Investors v. Columbia Pictures Industries, Inc., 508 U.S. 49 (1993); Columbia Pictures v. Professional Real Estate, 944 F.2d 1525 (9th Cir. 1991)

Other Reported Cases
Cine Forty-Second Street Theatre Corp. v. Allied Artists Pictures Corp., 602 F.2d 1062 (2d Cir. 1979) (antitrust suit against several major motion picture studios dismissed for plaintiff’s reckless failure to comply with discovery orders).

United States v. Columbia Pictures Industries, Inc., 507 F. Supp. 412 (S.D.N.Y 1980) (pay TV joint venture among studios enjoined for antitrust violations).

Allegaert v. Perot:

• 466 F. Supp. 516 (S.D.N.Y. 1978) (no setoff of pre-bankruptcy claims against bankruptcy trustee);
• 78 F.R.D. 427 (S.D.N.Y. 1978) (securities fraud complaint allegations sufficient);
• 548 F.2d 432 (2d Cir. 1977) (bankruptcy trustee not bound by pre-bankruptcy arbitration agreement);
• 565 F.2d 246 (2d Cir. 1977) (Perot’s attorneys not disqualified because of prior representation of plaintiff).

International Service Agencies v. O’Shea, 104 Misc. 2d 1071 (1980) (state regulations for charitable deductions from state employees’ salaries void).

ABKCO Industries, Inc. v. Apple Films, Inc., 385 N.Y. 2d 670 (1976) (participations from Beatles film “Let It Be” established quasi in rem jurisdiction).

Prior Experience
Partner, Sheppard, Mullin, Richter & Hampton, Los Angeles

Senior Vice President/Deputy General Counsel, Legal Affairs, Columbia Pictures, New York City and Los Angeles

Litigation Associate, Weil Gotshal & Manges, New York City

Publications and Presentations
Presentations at seminars run by the Practicing Law Institute (PLI) on litigating copyright, trademark and unfair competition cases

Addresses to the Los Angeles County Bar Association on antitrust issues affecting the entertainment and communications industries

Presentations to the LA Copyright Society, the Washington, D.C. Copyright Society (co-presented with now Chief Justice John Roberts) and the Anti-Counterfeiting Federation on copyright issues

Writes on entertainment law and litigation issues for the National Law Journal and the Los Angeles Lawyer Magazine.

Memberships, Activities and Honors
Admitted to practice before the following courts: U.S. Supreme Court; United States Court of Appeals for the Second and Ninth Circuits; the United States District Court for the Central and Northern Districts of California and the Southern and Eastern Districts of New York; California state and New York state courts

Selected to "Super Lawyers," Southern California Law & Politics for Antitrust Litigation, Intellectual Property Litigation and Entertainment Litigation

Named as one of the “Best Lawyers in America” in Entertainment Law by Woodward/White

Education
J.D., Georgetown University School of Law, 1973

• Editor, The Georgetown International Law Journal
  
• Nathan Burkan (ASCAP) prize for copyright

• Phi Beta Kappa and Phi Kappa Phi