Lead counsel for the record company plaintiffs in the District Courts and Courts of Appeals in the seminal Internet file sharing litigation, A&M Records, Inc. v. Napster, 239 F.3d 1004 (9th Cir. 2001), and 284 F.3d 1091 (9th Cir. 2002), In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), and Metro-Goldwyn-Mayer Studios, et al. v. Grokster, Ltd, et al., 545 U.S. 913 (2005).
Counsel in two precedent-setting decisions involving the scope of the Digital Millennium Copyright Act (DMCA), Rossi v. Motion Picture Assn of America, Inc., 391 F.3d 1000 (9th Cir. 2004) concerning the notice and takedown provisions of the DMCA, and 321 Studios v. MGM, 307 F. Supp. 2d 1085 (N.D. Cal. 2004) concerning the anti-circumvention provisions of the DMCA.
Represent the plaintiffs in Capitol Records, LLC et al. v. Vimeo, LLC, et al., 972 F. Supp. 2d 500 (S.D.N.Y. 2013) and 972 F. Supp. 2d 537 (S.D.N.Y. 2013), involving the application of the DMCA to a user-generated content website.
Successfully obtained $10 million monetary judgment as well as a permanent injunction on behalf of Riot Games Inc. against the makers of cheating software designed for Riot’s League of Legends video game.
Obtained $90 million settlement for five major record labels against internet radio giant Pandora Media Inc. based on copyright violations for its use of pre-1972 records.
Obtained $210 million settlement for five major record companies against Sirius XM Radio Inc. based on copyright violations in broadcasting pre-1972 recordings without permission. This case was named by The Recorder as 2015’s #1 settlement as well as the top case in the category of Intellectual Property.
Obtained summary judgment based on First Amendment grounds in favor of Activision Blizzard, Inc. on copyright and trademark infringement claims brought by a military supply and outfitting company regarding the use of certain patch emblems in the video game Call of Duty: Ghosts.
Represented ABC, Touchstone Pictures and “Desperate Housewives” executive producer Marc Cherry against claims of wrongful termination, battery and unlawful retaliation brought by former “Housewives” star Nicolette Sheridan. Mr. Levin obtained dismissal of all claims and all defendants, except fought to a hung jury on the last claim against Touchstone. Mr. Levin continues to represent the defendants on Appeal.
Successfully represented Warner Bros. Television Production, an independent production company and several individual writers in a high-profile, wrongful termination and harassment suit brought by a former writer’s assistant for the hit TV show “Friends.” After obtaining summary judgment and an award of $415,000 in attorneys’ fees, argued the case of Lyle v. Warner Brothers Television Production before the California Supreme Court, resulting in a unanimous decision in favor of our clients. Lyle v. Warner Brothers Television Production, 38 Cal. 4th 264 (2006).
Osama Ahmed Fahmy v. Jay-Z (aka Shawn Carter), et al., United States District Court, Central District of California. As lead counsel for defense, obtained judgment as a matter of law, following jury trial, on behalf of all Defendants, dismissing Plaintiff's copyright infringement claim that Jay Z and Timbaland's song "Big Pimpin" infringed his alleged copyright in an Egyptian composition (October 2015).
Reach Music Publishing, Inc., et al. United States District Court for the Southern District of New York. Won bench trial on counterclaim for tortious interference against Reach Music, for inducing writer of Run-D.M.C. compositions to breach contract with Protoons, Inc. (March 2015).
McKesson Corp. v. Iran – what began as an arbitration at the Iran-U.S. Claims Tribunal in The Hague in 1982 transformed into U.S. litigation of epic proportions, lasting 26 years. McKesson won $30.6 million against Iran after two bench trials, seven DC Circuit appeals, and three unsuccessful cert. petitions by Iran in precedent-setting FSIA litigation, McKesson Corp. v. Islamic Republic of Iran, 672 F.3d 1066 (D.C. Cir. 2012), cert. denied, 133 S. Ct. 1582 (2013).
Represented Ecuador in defense of suit by Chevron to enforce a $96 million arbitral award. Ecuador’s novel defense to enforcement was jurisdictional, relying on an FSIA immunity provision applicable only if Ecuador agreed to arbitrate the dispute underlying the award. Ecuador contended it never agreed to arbitrate claims relating to an investment that ended before the US-Ecuador investment treaty took effect. The D.C. Circuit affirmed the district court's reliance on findings of international arbitrators to establish jurisdictional facts. It also held that the foreign sovereign, not the plaintiff, bears the ultimate burden of proof on sovereign immunity. Republic of Ecuador v. Chevron Corp. and Texaco Petroleum Co., 795 F.3d 200 (D.C. Cir. 2015), reh’g den. (September 28, 2015), cert. denied (June 6, 2016).
Successfully defended international consumer electronics company in series of proposed nationwide and state-specific class actions alleging breaches of express and implied warranties, the Magnuson Moss Act, and state consumer protection statutes in connection with the sale of high definition televisions.
Successfully defended major television network and production company in nationwide class action alleging race discrimination in the selection of participants for The Bachelor and The Bachelorette reality television programs.
Morawski v. Lightstorm Entertainment, et al. Obtained summary judgment in breach of contract case brought by plaintiff who claimed that the motion picture Avatar was based on his idea.
Represented a private equity firm in an approximately $42 million leveraged buyout of a publicly-traded company that designs, manufactures and installs automated self-serve kiosks for departments of motor vehicles across the US.
Represented a private equity firm in an approximately $31 million joint acquisition of a California-based designer jeans manufacturer.
Represented a senior management team of a sports equipment manufacturing company with over $1 billion in investment in the restructuring of an equity incentive plan for the management team valued at approximately $60 million.
Issuer’s counsel in underwritten public offering of Cadiz Inc. (Nasdaq: CDZI), with B. Riley & Co., LLC acting as sole book-runner in the offering. Cadiz Inc. is a renewable resources company that owns 70 square miles of property with significant water resources in Southern California. The proceeds will fund ongoing development of the Cadiz Valley Water Conservation, Recovery and Storage Project.
Represented Helios and Matheson Analytics Inc. (NASDAQ: HMNY) in its merger with Zone Technologies, Inc., the creator of the mobile RedZone Maps global crime mapping application, whose mission is to enhance personal safety worldwide.
Represented VBI Vaccines Inc. (NASDAQ: VBIV) in its merger with SciVac Therapeutics, Inc. (TSX: VAC)(OTCQX: SVACF). The merged company is listed on the NASDAQ Capital Market under the symbol “VBIV” and on the Toronto Stock Exchange under the symbol “VBV. The merger has since become a finalist for The M&A Advisor Deal of the Year Award (2016).