Melinda Eades LeMoine

Profile

Melinda Eades LeMoine is a partner in the Los Angeles office of Munger, Tolles & Olson who specializes in complex business litigation on behalf of clients in the entertainment and media industries.

Ms. LeMoine is a recognized subject-matter expert in cases involving the interpretation of recording agreements. Her significant matters in this area include representing:

  • Universal Music Group in a case brought by former music producers for the recording artist Eminem, alleging that permanent downloads are subject to “license” royalty rates under artist recording agreements. Ms. LeMoine and the Munger Tolles trial team successfully persuaded a unanimous jury that downloads should be treated as ordinary record sales, rather than accounted for pursuant to “license” provisions.
  • Warner Music Group labels in a purported class action on behalf of recording artists including Sister Sledge, Gary Wright and Ronee Blakeley.
  • Warner Brothers Records in a breach of contract action brought by the recording artist James Taylor and his former producer Peter Asher.
  • Capitol Records in several breach of contract actions brought by various recording artists including Kenny Rogers, the estate of Ricky Nelson, and members of the Knack.

Ms. LeMoine also has significant intellectual property expertise and experience. Prior to law school, Ms. LeMoine spent several years as a private investigator, focusing on investigations into the potential infringement of clients’ valuable trademarks and other intellectual property. As a lawyer, Ms. LeMoine has continued her passionate defense of clients’ intellectual property rights, including in several high-profile anti-piracy matters. Her most significant matters in the copyright area include representing:

  • Recorded music labels within Warner Music Group, Universal Music Group, EMI and Sony in obtaining a permanent injunction against the notorious pirated music service LimeWire, and the ensuing damages trial that led to a $105 million settlement on behalf of the labels.
  • Universal Music Group against allegations of the infringement of musical composition copyrights in connection with sales of permanent downloads through the iTunes Store.
  • A major music publisher in a case alleging a knowing material misrepresentation under DMCA Section 512(f) in connection with a notice to YouTube.
  • A major motion picture studio in a large-scale investigation into the theft and unauthorized distribution of a major motion picture months before its planned release.

Ms. LeMoine has also been actively involved in work on behalf of Universal Music Publishing in recent ASCAP and BMI rate court proceedings, and is a part of the Munger Tolles team representing SoundExchange in the upcoming Copyright Royalty Board webcasting proceeding. 

From her earliest days at the firm, Ms. LeMoine was actively involved in the criminal defense and crisis management practice, including the representation of individuals facing charges from the Securities and Exchange Commission and the U.S. Attorney’s Office. She has conducted internal corporate investigations and seen clients through any necessary disclosure, resolution and attendant civil litigation.

Ms. LeMoine has also devoted much of her practice to pro bono work. She spent four years as the primary attorney on the Munger Tolles team representing a state prisoner on Nevada’s death row. She currently serves on the board of directors for Just Detention International, a non-profit organization.

 

Melinda Eades LeMoine is a partner in the Los Angeles office of Munger, Tolles & Olson who specializes in complex business litigation on behalf of clients in the entertainment and media industries.

Ms. LeMoine is a recognized subject-matter expert in cases involving the interpretation of recording agreements. Her significant matters in this area include representing:

  • Universal Music Group in a case brought by former music producers for the recording artist Eminem, alleging that permanent downloads are subject to “license” royalty rates under artist recording agreements. Ms. LeMoine and the Munger Tolles trial team successfully persuaded a unanimous jury that downloads should be treated as ordinary record sales, rather than accounted for pursuant to “license” provisions.
  • Warner Music Group labels in a purported class action on behalf of recording artists including Sister Sledge, Gary Wright and Ronee Blakeley.
  • Warner Brothers Records in a breach of contract action brought by the recording artist James Taylor and his former producer Peter Asher.
  • Capitol Records in several breach of contract actions brought by various recording artists including Kenny Rogers, the estate of Ricky Nelson, and members of the Knack.

Ms. LeMoine also has significant intellectual property expertise and experience. Prior to law school, Ms. LeMoine spent several years as a private investigator, focusing on investigations into the potential infringement of clients’ valuable trademarks and other intellectual property. As a lawyer, Ms. LeMoine has continued her passionate defense of clients’ intellectual property rights, including in several high-profile anti-piracy matters. Her most significant matters in the copyright area include representing:

  • Recorded music labels within Warner Music Group, Universal Music Group, EMI and Sony in obtaining a permanent injunction against the notorious pirated music service LimeWire, and the ensuing damages trial that led to a $105 million settlement on behalf of the labels.
  • Universal Music Group against allegations of the infringement of musical composition copyrights in connection with sales of permanent downloads through the iTunes Store.
  • A major music publisher in a case alleging a knowing material misrepresentation under DMCA Section 512(f) in connection with a notice to YouTube.
  • A major motion picture studio in a large-scale investigation into the theft and unauthorized distribution of a major motion picture months before its planned release.

Ms. LeMoine has also been actively involved in work on behalf of Universal Music Publishing in recent ASCAP and BMI rate court proceedings, and is a part of the Munger Tolles team representing SoundExchange in the upcoming Copyright Royalty Board webcasting proceeding. 

From her earliest days at the firm, Ms. LeMoine was actively involved in the criminal defense and crisis management practice, including the representation of individuals facing charges from the Securities and Exchange Commission and the U.S. Attorney’s Office. She has conducted internal corporate investigations and seen clients through any necessary disclosure, resolution and attendant civil litigation.

Ms. LeMoine has also devoted much of her practice to pro bono work. She spent four years as the primary attorney on the Munger Tolles team representing a state prisoner on Nevada’s death row. She currently serves on the board of directors for Just Detention International, a non-profit organization.