Glenn D. Pomerantz

Profile

Glenn Pomerantz is a partner in the Los Angeles office of Munger, Tolles & Olson. Mr. Pomerantz has handled many high-profile matters. In 2011, Mr. Pomerantz was hired by the United States Department of Justice to serve as co-lead trial counsel in DOJ’s lawsuit to block the merger of AT&T and T-Mobile. AT&T ultimately abandoned the transaction. Many of the matters handled by Mr. Pomerantz concern disputes and counseling in the media, entertainment, and sports industries. Some of Mr. Pomerantz’s significant representations have included:

Copyright

  • SoundExchange: Representing SoundExchange on behalf of copyright owners in Copyright Royalty Board proceeding to set royalty rates for webcasters.
  • CBS v. ABC: Represented ABC in copyright and trade secret action brought by CBS alleging that the reality program The Glass House infringed on the copyrights to the reality program Big Brother; successfully opposed TRO seeking to enjoin program.
  • LimeWire: Represented four major record companies in copyright action in New York federal court against largest peer-to-peer service; obtained injunction shutting down service and a $105 million settlement after two weeks of trial.
  • RealDVD: Represented six major studios in DMCA action in San Francisco federal court challenging distribution of DVD-copying product that circumvented copy-protection technology; obtained preliminary injunction stopping distribution of product.
  • Napster II: Represented major record company in secondary copyright infringement action in San Francisco federal court against investors in Napster; obtained substantial settlement payments.
  • Zediva: Represented six major studios in copyright action in Los Angeles federal court against streaming service alleging violation of public performance right; obtained preliminary injunction shutting down service.
  • Other Litigation: Represented content owners in various claims arising from online piracy and in claims alleging copying of scripts, treatments, compositions and recordings.
  • Counseling: Provide frequent advice to numerous clients on copyright issues arising from evolving technologies and methods of distribution.

Antitrust

  • NCAA: Serving as lead counsel for the NCAA in lawsuits challenging the rules of amateurism governing college sports.
  • U.S. v. AT&T and T-Mobile: Served as co-lead trial counsel for the United States Department of Justice in lawsuit seeking to block AT&T/T-Mobile merger.
  • Brantley: Representing major television programmer in antitrust lawsuit in Los Angeles federal court alleging that programmers conspired with cable and satellite providers to offer television channels in bundled tiers rather than “a la carte”; obtained dismissal that was affirmed on appeal by the Ninth Circuit.
  • Online Music MDL: Representing major record company in class action pending in  New York federal court alleging price-fixing of digital downloads.
  • Redbox: Represented major studio in antitrust lawsuit filed by Redbox in Delaware federal court challenging studio’s decision to make its DVDs available to Redbox in a later “window”.
  • Blockbuster: Represented major studio in antitrust action in Texas federal court challenging the revenue-sharing agreements between studio and Blockbuster.
  • Joint Ventures: Provide advice related to the formation and operation of joint ventures among entertainment and media industry participants; represented participants in the Movielink and Pressplay joint ventures when investigated by DOJ (both investigations closed without any government action).
  • Transactions: Provide antitrust advice in connection with negotiation and government clearance of acquisitions of entertainment and media entities.
  • Counseling: Provide ongoing antitrust advice relating to a broad range of issues facing entertainment and media companies; also provide antitrust training and seminars and update antitrust compliance programs.

Contract

  • USA Networks: Represented owner of USA cable networks in dispute with co-owner alleging breaches of contract and fiduciary duty; trial in Delaware Chancery Court (settled).
  • Royalties/Profit Participations: Handled numerous disputes with artists/talent claiming underpayment of royalties or profit participations; several of these claims involve application of pre-digital era contracts to sales and licenses of content in the digital era.
  • Pay Television/VOD: Represented several studios in various disputes arising from alleged breaches of international and US pay television and VOD agreements.

Other

  • Privacy: Representing ESPN and Disney in putative class actions asserting claims under the Video Privacy Protection Act.
  • TV Writers Age Discrimination: Represented major television network in class action pending in Los Angeles state court alleging discrimination against writers over the age of 40.
  • Investigations: Led several internal investigations of alleged employee wrongdoing.

Background

Mr. Pomerantz was born in N. Tarrytown, New York in 1958.  He received his A.B. Degree (with Great Distinction) from the University of California at Berkeley in 1980. He received his J.D. degree (cum laude) from Harvard Law School in 1983.  Following graduation from law school, Mr. Pomerantz served as law clerk to the Honorable David V. Kenyon of the United States District Court for the Central District of California.

Mr. Pomerantz has received many honors for his legal work. In 2012, 2013, and 2014, Mr. Pomerantz was named by the Daily Journal as one of the Top 100 lawyers in California. In 2012, he was the only lawyer in the country named by Law360 as an MVP in two separate categories (Competition and Media & Entertainment). Chambers USA places Munger Tolles in its top band in California media and entertainment litigation, and has described Mr. Pomerantz as “practical, business-minded, strategic and entirely lacking in pretension.”

Mr. Pomerantz is active in a variety of professional and community activities. He has lectured on numerous topics, including antitrust, copyright, entertainment litigation, federal court practice and RICO. He has served as a member of the Board of the Legal Aid Foundation of Los Angeles (2001-2010 and served as President of the Board in 2008-2009), the Western Justice Center (2008-present) and Polytechnic School in Pasadena (2003-2012).

Glenn Pomerantz is a partner in the Los Angeles office of Munger, Tolles & Olson. Mr. Pomerantz has handled many high-profile matters. In 2011, Mr. Pomerantz was hired by the United States Department of Justice to serve as co-lead trial counsel in DOJ’s lawsuit to block the merger of AT&T and T-Mobile. AT&T ultimately abandoned the transaction. Many of the matters handled by Mr. Pomerantz concern disputes and counseling in the media, entertainment, and sports industries. Some of Mr. Pomerantz’s significant representations have included:

Copyright

  • SoundExchange: Representing SoundExchange on behalf of copyright owners in Copyright Royalty Board proceeding to set royalty rates for webcasters.
  • CBS v. ABC: Represented ABC in copyright and trade secret action brought by CBS alleging that the reality program The Glass House infringed on the copyrights to the reality program Big Brother; successfully opposed TRO seeking to enjoin program.
  • LimeWire: Represented four major record companies in copyright action in New York federal court against largest peer-to-peer service; obtained injunction shutting down service and a $105 million settlement after two weeks of trial.
  • RealDVD: Represented six major studios in DMCA action in San Francisco federal court challenging distribution of DVD-copying product that circumvented copy-protection technology; obtained preliminary injunction stopping distribution of product.
  • Napster II: Represented major record company in secondary copyright infringement action in San Francisco federal court against investors in Napster; obtained substantial settlement payments.
  • Zediva: Represented six major studios in copyright action in Los Angeles federal court against streaming service alleging violation of public performance right; obtained preliminary injunction shutting down service.
  • Other Litigation: Represented content owners in various claims arising from online piracy and in claims alleging copying of scripts, treatments, compositions and recordings.
  • Counseling: Provide frequent advice to numerous clients on copyright issues arising from evolving technologies and methods of distribution.

Antitrust

  • NCAA: Serving as lead counsel for the NCAA in lawsuits challenging the rules of amateurism governing college sports.
  • U.S. v. AT&T and T-Mobile: Served as co-lead trial counsel for the United States Department of Justice in lawsuit seeking to block AT&T/T-Mobile merger.
  • Brantley: Representing major television programmer in antitrust lawsuit in Los Angeles federal court alleging that programmers conspired with cable and satellite providers to offer television channels in bundled tiers rather than “a la carte”; obtained dismissal that was affirmed on appeal by the Ninth Circuit.
  • Online Music MDL: Representing major record company in class action pending in  New York federal court alleging price-fixing of digital downloads.
  • Redbox: Represented major studio in antitrust lawsuit filed by Redbox in Delaware federal court challenging studio’s decision to make its DVDs available to Redbox in a later “window”.
  • Blockbuster: Represented major studio in antitrust action in Texas federal court challenging the revenue-sharing agreements between studio and Blockbuster.
  • Joint Ventures: Provide advice related to the formation and operation of joint ventures among entertainment and media industry participants; represented participants in the Movielink and Pressplay joint ventures when investigated by DOJ (both investigations closed without any government action).
  • Transactions: Provide antitrust advice in connection with negotiation and government clearance of acquisitions of entertainment and media entities.
  • Counseling: Provide ongoing antitrust advice relating to a broad range of issues facing entertainment and media companies; also provide antitrust training and seminars and update antitrust compliance programs.

Contract

  • USA Networks: Represented owner of USA cable networks in dispute with co-owner alleging breaches of contract and fiduciary duty; trial in Delaware Chancery Court (settled).
  • Royalties/Profit Participations: Handled numerous disputes with artists/talent claiming underpayment of royalties or profit participations; several of these claims involve application of pre-digital era contracts to sales and licenses of content in the digital era.
  • Pay Television/VOD: Represented several studios in various disputes arising from alleged breaches of international and US pay television and VOD agreements.

Other

  • Privacy: Representing ESPN and Disney in putative class actions asserting claims under the Video Privacy Protection Act.
  • TV Writers Age Discrimination: Represented major television network in class action pending in Los Angeles state court alleging discrimination against writers over the age of 40.
  • Investigations: Led several internal investigations of alleged employee wrongdoing.

Background

Mr. Pomerantz was born in N. Tarrytown, New York in 1958.  He received his A.B. Degree (with Great Distinction) from the University of California at Berkeley in 1980. He received his J.D. degree (cum laude) from Harvard Law School in 1983.  Following graduation from law school, Mr. Pomerantz served as law clerk to the Honorable David V. Kenyon of the United States District Court for the Central District of California.

Mr. Pomerantz has received many honors for his legal work. In 2012, 2013, and 2014, Mr. Pomerantz was named by the Daily Journal as one of the Top 100 lawyers in California. In 2012, he was the only lawyer in the country named by Law360 as an MVP in two separate categories (Competition and Media & Entertainment). Chambers USA places Munger Tolles in its top band in California media and entertainment litigation, and has described Mr. Pomerantz as “practical, business-minded, strategic and entirely lacking in pretension.”

Mr. Pomerantz is active in a variety of professional and community activities. He has lectured on numerous topics, including antitrust, copyright, entertainment litigation, federal court practice and RICO. He has served as a member of the Board of the Legal Aid Foundation of Los Angeles (2001-2010 and served as President of the Board in 2008-2009), the Western Justice Center (2008-present) and Polytechnic School in Pasadena (2003-2012).