Glenn D. Pomerantz

Glenn D. Pomerantz

Glenn Pomerantz is a partner in the Los Angeles office of Munger, Tolles & Olson.

Mr. Pomerantz tackles some of the most complex antitrust matters in the country. He not only provides antitrust counseling to private companies in numerous industries and represents many of these companies in antitrust lawsuits, but he is also one of the few private lawyers who has been asked by the U.S. Department of Justice and numerous State Attorneys General to serve as lead trial counsel for the government in high-profile merger challenges. Mr. Pomerantz is also one of the leading attorneys in the media, entertainment and sports industries, representing clients in cutting-edge matters involving mass infringement of copyrights, the implications of evolving technologies on the distribution of content, and sensitive internal investigations.

Mr. Pomerantz has received many honors for his legal work. He has frequently been named to published lists of the top lawyers in California, the top antitrust lawyers in the country, and the top media/entertainment lawyers in the country. Chambers USA has described Mr. Pomerantz as “particularly great at counseling on creative solutions to very complex problems” and as a “terrific litigator” who is “great in the courtroom and excellent at cross-examination.”

Mr. Pomerantz 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 U.S. District Court for the Central District of California.

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 trial techniques and strategies. 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 previously served as President of the Board) and Polytechnic School in Pasadena (2003-2012).

 

Practice Areas

Industries

Education

  • Harvard Law School (J.D., cum laude, 1983)
  • UC Berkeley (A.B., summa cum laude, 1980) Phi Beta Kappa

Clerkships

  • Judge David V. Kenyon, U.S. District Court, Central District of California, 1983-1985

Bar Admissions

  • California

Experience

Some of Mr. Pomerantz’s significant representations include:

Antitrust

  • Steves v. Jeld-Wen: Lead trial counsel for private party successfully challenging a consummated merger; jury awarded $58 million in damages and court-ordered divestiture of acquired manufacturing facility.
  • State of New York, et al v. T-Mobile and Sprint: Served as lead trial counsel for 17 states challenging the proposed merger of T-Mobile and Sprint.
  • O’Bannon v. NCAA: Served as lead trial counsel for the NCAA in antitrust lawsuit 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: Represented major television programmer in antitrust lawsuit 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.
  • Online Music MDL: Represented 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: Provided advice related to the formation and operation of several joint ventures among entertainment and media industry participants; represented joint venture participants in DOJ reviews.
  • Transactions: Provided 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, media and sports entities; also provide antitrust training and seminars and update antitrust compliance programs.

Copyright

  • LimeWire: Lead trial counsel for 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.
  • SoundExchange: Represented 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.
  • 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.

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.

 

Practice Areas

Industries

Education

  • Harvard Law School (J.D., cum laude, 1983)
  • UC Berkeley (A.B., summa cum laude, 1980) Phi Beta Kappa

Clerkships

  • Judge David V. Kenyon, U.S. District Court, Central District of California, 1983-1985

Bar Admissions

  • California