Randall Sommer is a litigation partner in the Los Angeles office of Munger, Tolles & Olson. Mr. Sommer has broad-ranging experience litigating and trying complex commercial cases, including in the financial services, retail, entertainment and aerospace industries.
J.C. Penney, in defending an action, including a lengthy trial in 2013, brought by Macy’s in the New York State Commercial Division concerning Martha Stewart Living Omnimedia’s licensing of designs and the Martha Stewart brand for the manufacture and sale of a wide range of home products. Successfully defeated Macy’s motions seeking preliminary injunctive relief prior to and during trial, and on appeal. At trial, handled direct and cross examinations of numerous key witnesses.
Bank of America, in parallel litigation brought by Concord Capital in the New York State Commercial Division, and by Fifth Third Bank in Illinois State Court, for breach of contract claims alleging $70 million in damages. Obtained dismissal on the pleadings of all claims against Bank of America in both jurisdictions, including, in the New York action, unanimous affirmance of the decision on appeal.
Philip Morris USA Inc., in Minnesota State Court in the largest certified class action in Minnesota history, which sought billions of dollars for alleged fraud and unfair business practices in connection with the marketing of “Marlboro Lights” cigarettes. Obtained summary judgment from the trial court dismissing all claims against Philip Morris and subsequent affirmance of the decision by the Minnesota Supreme Court.
Wells Fargo Bank, in successfully resolving a nationwide class action arising from alleged Ponzi scheme.
Warner Bros. and HBO, among other representations of major entertainment companies, in litigation and arbitrations involving film and television profit participation, production and distribution disputes.
Mr. Sommer has also provided pro bono legal services in the areas of prisoner rights, immigration and campaign finance law, including the successful defense of the constitutionality of the Bipartisan Campaign Reform Act in the U.S. Supreme Court. He has also served as a special prosecutor for the Los Angeles City Attorney's office, for which he has first-chaired several jury trials.
Mr. Sommer received his J.D. degree from Columbia Law School, where he was a James Kent Scholar, a Harlan Fiske Stone Scholar, and a Book Review Editor of the Columbia Law Review. At Columbia, he also received the James A. Elkins Prize in Constitutional Law and the Paul R. Hays Prize in Civil Procedure. After law school, he was a law clerk for the Honorable Robert W. Sweet in the United States District Court for the Southern District of New York.
Mr. Sommer received his B.A. from the University of California, Santa Cruz, where he graduated with college honors and was elected to Phi Beta Kappa. Prior to attending law school, he spent several years as a theater director and assistant director on and off-Broadway in New York, and in theaters in Chicago and Los Angeles. Mr. Sommer draws on his directing experience in his trial work, including in his work with witnesses and in presentation of the visual elements of storytelling at trial.
Mr. Sommer is a member of the California and New York bars, the American Bar Association and the Los Angeles County Bar Association. He recently served as chairman of the board of directors of the Virginia Avenue Project, a Santa Monica-based nonprofit organization that uses the arts to help kids realize their full potential, and serves on its Advisory Board.