Lee S. Brenner
Partner
Lee is a recognized leader among his peers. He is co-editor of the Communications Lawyer, the American Bar Association’s publication on media and First Amendment law. A sought-after speaker and educator, Lee speaks regularly to clients and professional groups on defamation, right of publicity, copyright, idea submission, and privacy. Lee is also dedicated to community service. Notably, he has performed pro bono counsel and trial work regarding First Amendment issues.
Related Practices
Related Industries
Experience
Experience
Representative Matters
- Obtained the dismissal of a $10 million copyright infringement lawsuit relating to a television comedy series. The plaintiffs alleged the series infringed several of their works. The case was dismissed with prejudice at the pleading stage on the grounds that the plaintiffs failed to state a plausible claim of access, as well as substantial similarity
- Successfully defended against claims involving invasion of privacy regarding a celebrity sex tape by employing California's anti-SLAPP statute
- Obtained a dismissal of a $200 million copyright infringement claim relating to a popular cable television series. The case was affirmed by the Ninth Circuit of the U.S. Court of Appeals
- Obtained a dismissal of claims for copyright infringement, breach of implied contract, unfair competition under the Lanham Act, and declaratory relief arising from a television show on the grounds that the plaintiff failed to allege any reasonable theory of access to her alleged works, and that the television show and the plaintiff's alleged works were not substantially similar as a matter of law
- Obtained a summary judgment against copyright, Lanham Act, and state unfair competition claims on the basis that the use of the plaintiff's artwork constituted "fair use" and that plaintiff failed to show that he had a valid, protectable trademark; attorneys' fees were awarded to the client. Affirmed by the Ninth Circuit in August 2013
- Represented numerous studios, movie producers, and celebrities; obtained a summary judgment against the plaintiff's numerous copyright and RICO claims premised upon the creation, release, and distribution of a motion picture; and obtained an award of more than $900,000 in attorneys' fees and costs against the plaintiff. Affirmed by the Ninth Circuit Court of Appeals (July 2012)
- Obtained a dismissal of fraud and breach of contract claims; secured an award of more than $550,000 in attorneys' fees in the client's favor
- Defended a celebrity and others in a copyright infringement action concerning a television series. Obtained a judgment dismissing the action at the pleading stage, which was affirmed by the Seventh Circuit Court of Appeals. Also obtained a dismissal of the case when the plaintiff later filed similar claims in the U.S. District Court for the Central District of California
- Obtained a dismissal of claims for unfair competition and false advertising in connection with a motion picture
- Represented a television network and a celebrity in a copyright infringement action concerning a documentary and successfully defended against an application for a temporary restraining order and a motion for preliminary injunction
- Obtained a dismissal, at the pleading stage, of the plaintiffs' claim for copyright infringement arising from one of TV's most popular cooking shows
- Obtained a defense judgment on claims of age discrimination and e-discovery spoliation following a two-week arbitration in Denver, Colorado
- Successfully opposed an application for preliminary injunction and negotiated the dismissal of a trademark infringement suit concerning a television series
- Obtained a dismissal under California's anti-SLAPP statute of claims arising from a hidden-camera news report on doctors and unaccredited medical schools
- Defeated an application for TRO in Chicago for alleged trademark violations in connection with a television series
- Handled three lawsuits involving claims of antitrust, trademark infringement, and unfair competition in New York, Northern California, and Southern California; a confidential settlement was reached
- Successfully defended claims at several trials involving Penal Code Section 632 and intentional interference with contract
Insights
Insights
Credentials
Credentials
Education
- J.D. cum laude University of California, Hastings College of the Law 1995
- B.S. with distinction University of Wisconsin-Madison 1992
Bar Admissions
- California
Court Admissions
- U.S. Supreme Court
- 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
Professional Memberships and Activities
- Member, Beverly Hills Bar Association
- Member, Los Angeles Copyright Society
- Member, Copyright Society of the U.S.A.
- Member, American Bar Association Forum on Communications Law
Recognition
Recognition
- Variety, Legal Impact Report, 2021 – 2022
- Century City Bar Association, Entertainment Lawyer of the Year, 2020
- Daily Journal, Top Intellectual Property Lawyers, 2019 – 2021
- The Best Lawyers in America
- Entertainment Law – Motion Pictures and Television, 2021 – 2023
- Media Law, 2016 – 2023
- Litigation - Intellectual Property, 2023
- Benchmark Litigation, Local Litigation Star, California, 2019 – 2020, 2023
- Chambers USA, Media & Entertainment: Litigation, California, 2019 – 2022
- The National Law Journal, Trailblazer, Intellectual Property, 2019
- Los Angeles Business Journal, Leaders in Law Nominee, 2018 – 2021
- Super Lawyers
- Southern California, 2011 – 2023
- Rising Stars, Southern California, 2005 – 2010
Community
Community
Volunteerism
Lee is actively involved in the local community. In January 2021, Lee joined The Sharing Tables NY & CA, an effort to provide food and household goods for those most impacted by the COVID-19 pandemic. Lee established the first Sharing Table in California.