Sheldon Eisenberg

Mr. Eisenberg is the principal founding partner of ERTW. For over 25 years, companies from all sectors of the Southern California economy have entrusted their most significant litigation problems to Mr. Eisenberg—from cutting edge technology and telecommunications companies to financial institutions and real estate developers, from Hollywood studios and other entertainment companies to software developers and publishers, and from literary and talent agencies to advertisers and national public relations firms.

Mr. Eisenberg has achieved success for his diverse clients through effective pretrial strategies, well crafted motions and, when necessary, by taking cases to trial in state and federal courts or through arbitration. Since the opening of ERTW alone, Mr. Eisenberg obtained a defense verdict and recovered attorneys’ fees after a 2- week jury trial of a commercial lease dispute concerning a public company’s national headquarters; acted as lead trial counsel in a $140 million action regarding a massive cell phone outage in France that was resolved after the commencement of trial in the Eastern District of North Carolina; obtained a multi-million dollar award in an arbitration before a 3-judge panel involving trade secrets claims and the dissolution of a closely held company; and led the resolution of claims in confidential arbitration for three literary talent agencies in a dispute with a major television studio over a package commission agreement.

Mr. Eisenberg also has extensive appellate experience around the country, having won cases for clients in matters before the Ninth Circuit, the Second Circuit, the California Court of Appeal, the Nevada and New Mexico Supreme Courts, and the appellate courts of New Jersey.

Mr. Eisenberg started his legal career with Irell & Manella LLP in 1981, and joined Irell’s partnership in 1987. He left Irell in 1997 to join Bryan Cave LLP, where he served as the leader of Bryan Cave’s Los Angeles litigation practice, and as a member of Bryan Cave’s national Executive Committee. Since 2004, Los Angeles Magazine and Law & Politics have named Mr. Eisenberg as one of Southern California’s “Super Lawyers.”

Mr. Eisenberg has served as a judge pro tem for the Los Angeles Municipal Court and continues to act as a volunteer arbitrator for the Los Angeles County Bar Association Fee Arbitration Program.

Mr. Eisenberg graduated from the University of California, Berkeley in 1978, as a member of Phi Beta Kappa, with a bachelor’s degree in history. He remained at Berkeley to earn his J.D. from Boalt Hall School of Law in 1981. During law school, he externed with Justice Stanley Mosk of the California Supreme Court.

Representative Litigation Matters:

  • Jim Preminger Agency, et al. v. Paramount Pictures Corporation, LASC Case No. BC 340588 (prosecuted net profit and other claims on commission package for Frasier series)
  • Twentieth Century Fox Film Corporation; CBS Broadcasting Inc.; and Kelley Productions, Inc. v. MJM Productions, C.D. Cal. Case No. CV-03-4545 RSWL (MANx); MJM Productions, Michael J. MacLeod and Jefferson Dutton v. Kelley Productions, Inc., CBS Broadcasting Inc. and Twentieth Century Fox Film Corporation, New Hampshire Civil Action No. 03-390-JD (defended trademark, copyright, and unfair competition claims based on clients’ television series)
  • Jonnie D. Miller, et al. v. Glenn Miller Productions, Inc., C.D. Cal. Case No. CV-03-0529 AHM (obtained judgment defeating contract, trademark and right of publicity claims brought by children of Glenn Miller)
  • Alice Keppler et al. v. Columbia Pictures, Inc., LASC Case No. SC083554 (defended claim by investors in film projects)
  • Orgazmo, Inc. v. Nickelbag Records, LLC, C.D. Cal. Case No. CV-99-11316 WJR (AJWx) (defended copyright action relating to sample of movie dialogue used in soundtrack album)
  • Business Systems Engineering, Inc. v. Traffic Safety Systems, Inc., C.D. Cal. Case No. CV-01-02772 CBM (AJWx) (defended copyright infringement claims relating to software application)
  • Nova Development v. Sonic Foundry, et al., C.D. Cal. Case No. CV-02-9407 AHM (MANx) (prosecuted copyright infringement and breach of licensing agreement claims relating to video editing software application)
  • Imax Corporation v. Edwards Theatres, Inc., Bankr. C.D. Cal. Case No. SA-00-16475-JR (defended trademark and trade dress claims relating to operation of large screen movie theaters)
  • Nova Development v. Riverdeep Interactive Learning Ltd., C.D. Cal. Case No. CV-03-4696 WMB (CWx) (prosecuted trademark and trade dress claims relating to software packaging)

Representative Appellate Matters:

  • Jonnie D. Miller, et al. v. Glenn Miller Productions, Inc., 454 F.3d 975 (9th Cir. 2006) (affirming judgment dismissing contract, trademark, and right of publicity claims brought by children of Glenn Miller.)
  • Edwards Theatres, Inc. v. United National Insurance Company, Case No. 03-56312 (9th Cir. 2005) (affirming judgment for insurer’s failure to defend trademark claims)
  • Baur v. Veneman, 352 F.3d 625 (2d Cir. 2003) (obtained standing for public interest plaintiff to challenge USDA’s refusal to ban use of “downed” cattle for food – one week before U.S. “mad cow” revelation)
  • California Commercial Enterprises v. Amedeo Vegas I, Inc., 119 Nev. Adv. Rep. 18, 67 P.3d 328 (2003) (Nevada Supreme Court) (issue of first impression on recoverability of delay damages under mechanic’s lien)
  • Vanzant v. DaimlerChrysler Corporation, et al., 96 Cal.App.4th 1283, 118 Cal.Rptr.2d 48 (2002) (affirming dismissal of malicious prosecution action on demurrer)
  • Trent v. The Prudential Insurance Company of America, et al., Case No. B130941 (California Ct. of Appeal, 2nd Dist. Nov. 2000) (obtained reversal of $6.7 million bad faith verdict)
  • Notrica v. State Compensation Insurance Fund, 70 Cal.App.4th 911, 83 Cal. Rptr. 2d 89 (1999) (upheld first punitive damage award against workers’ compensation insurer for over-reserving claims)
  • Farm Sanctuary, Inc. v. Department of Food and Agriculture, 63 Cal.App.4th 495, 74 Cal.Rptr.2d 75 (1998) (issue of first impression on standing under California law for challenge to state animal welfare regulation)
  • Glenfed Financial Corp. v. Penick, 276 N.J. Super. 163, 647 A.2d 852 (1994) (established New Jersey precedent limiting “lender liability” claims)
  • P.S.G., Limited Partnership v. August Income/Growth Fund VII, 115 N.M. 579, 855 P.2d 1043 (1993) (New Mexico Supreme Court) (created New Mexico precedent on effect of foreclosure on junior leasehold)