Sheldon Eisenberg

Partner

Los Angeles

(310) 203-4035 phone
(310) 229-1285 fax

Sheldon Eisenberg is a partner in the firm’s Commercial Litigation Practice Group. For more than 30 years, companies from all sectors of the Southern California economy – 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, literary and talent agencies, and advertisers and public relations firms – have sought Sheldon’s assistance, advice and counsel for their most significant litigation problems.  Sheldon also has extensive experience in the defense of class-action matters, including his recent defense of a nationwide class-action suit regarding the recording of phone calls, and the defense of a class-action suit alleging violation of a consumer-privacy statute. 

Sheldon has successfully represented his diverse group of clients through effective pretrial strategies, well crafted motions and, when necessary, taking cases to trial in state and federal courts or arbitration. He also has extensive appellate experience around the country, having won cases for clients in matters before the U.S. Courts of Appeals for the Ninth Circuit and the Second Circuit, the California Courts of Appeal, the Nevada and New Mexico Supreme Courts, and the appellate courts of New Jersey. 

Prior Experience. Sheldon began his legal career with Irell & Manella LLP in 1981 and became a partner there in 1987. He joined Bryan Cave LLP in 1997, where he served as the leader of the firm's Los Angeles litigation practice and later became a member of its Executive Committee. 

Immediately prior to joining the firm, Sheldon had been the principal founding partner of Eisenberg Raizman Thurston & Wong LLP. During his time at ERTW: 

  • He obtained a defense verdict and recovered attorneys’ fees after a two-week jury trial of a commercial lease dispute concerning a public company’s national headquarters; 

  • He 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; 

  • He obtained a multi-million dollar award in an arbitration before a three-judge panel involving trade secrets claims and the dissolution of a closely held company; and 

  • He 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. 

In General. Since 2004, Sheldon has been named by Los Angeles magazine and Law & Politics as one of Southern California’s Super Lawyers. He has also 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. 

Sheldon earned his J.D. in 1981 from the University of Calfornia, Berkeley School of Law, where he was an extern with Justice Stanley Mosk of the California Supreme Court. He received his bachelor’s degree from the University of California, Berkeley, in 1978 and was inducted into Phi Beta Kappa. 

Representative Matters

Representative Litigation Matters:

  • Cohorst v. BRE Properties, Inc., et al., United States District Court, Southern District of California, Case No. 3:10--cv--2666-JM-BGS (defense of nationwide class action alleging violations of statutes prohibiting unconsented to recording of phone calls)
  • Luko v. eHarmony, Inc., Los Angeles County Superior Court Case No. BC 462494 (defense of class action alleging violation of consumer privacy statute--interlocutory hearing granted by California Supreme Court, Case No. S199406)
  • Anschutz Entertainment Group v. NBC Universal, Inc., Los Angeles County Superior Court Case No. BC370870 (defense of defamation claim arising out of investigative report involving Staples Center)
  • Hopkins &Carley, ALC v. West Publishing Corporation, Santa Clara County Superior Court Case No. CV 183762 (defense of contract and tort claims against software developer by law firm)
  • 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) 
 

Speaking Engagements

08/11/2012
George Washington University
No Kill Conference
05/16/2012
Presentation to Association of Corporate Counsel (ACC)
Being Prepared for Litigation: Ten Things to be Ready to do When a Complaint (or Subpoena) Arrives
10/25/2011
UCLA Animal Law Program
Animal Shelter Litigation

Representative Litigation Matters:

  • Cohorst v. BRE Properties, Inc., et al., United States District Court, Southern District of California, Case No. 3:10--cv--2666-JM-BGS (defense of nationwide class action alleging violations of statutes prohibiting unconsented to recording of phone calls)
  • Luko v. eHarmony, Inc., Los Angeles County Superior Court Case No. BC 462494 (defense of class action alleging violation of consumer privacy statute--interlocutory hearing granted by California Supreme Court, Case No. S199406)
  • Anschutz Entertainment Group v. NBC Universal, Inc., Los Angeles County Superior Court Case No. BC370870 (defense of defamation claim arising out of investigative report involving Staples Center)
  • Hopkins &Carley, ALC v. West Publishing Corporation, Santa Clara County Superior Court Case No. CV 183762 (defense of contract and tort claims against software developer by law firm)
  • 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)