Howard E. King

Howard King is managing partner of the firm and has broad experience representing individuals and companies in all facets of corporate, real estate, music and entertainment law, as well as complex business, real estate, banking, finance, and copyright and trademark litigation. Mr. King has been named as one of The Hollywood Reporter's “Power 100 Lawyers in Entertainment,” has been designated a “Super Lawyer“ by Super Lawyers magazine, and has been included in the Los Angeles Daily Journal's list of “California’s Top Entertainment Lawyers."

Mr. King received his undergraduate degree from the University of California, Los Angeles (B.A. 1974), and his law degree from the University of California, Los Angeles, School of Law (J.D. 1977).

Representative Matters

Litigation

• Lead counsel in Metallica v. Napster, which established liability for contributory and vicarious copyright infringement by the most famous “file-sharing” website of the decade
• Jury verdict and defense of subsequent appeal awarding specific performance forcing landlord to sell a commercial building to its tenant, saving the client’s family business and the jobs of hundreds of their employees
• Prosecution and defense of multiple copyright infringement claims on behalf and in defense of multi-platinum artists, often without the filing of formal litigation
• Representation of Perfect 10, Inc. including argument before the Ninth Circuit in Perfect 10, Inc. v. Visa International, 494 F.3d 788 (2007), seeking to hold credit card processors vicariously liable for copyright infringement by internet websites operated by their merchants
• Obtained directed verdict in favor of international superstar following jury trial invalidating alleged long-term management agreement
• Numerous arbitrations on behalf of investment bankers wrongfully deprived of bonuses or deferred compensation, including recent seven figure FINRA verdict in favor of managing director deprived of his performance bonus
• Representation of numerous artist managers in enforcement of their commission agreements, in court proceedings, arbitrations and before the California Labor Commissioner
• Federal court preliminary injunction prohibiting City of Auburn Hills from banning display of opening video for Up In Smoke Tour
• Successful defense of an $8,000,000 claim against a financial institution accused of failing to fund production of a feature film
• Department of Labor Standards Enforcements proceedings under the Talent Agencies Act on behalf of artists and managers
• Multi-million dollar settlement of a major Japanese corporation’s claims of construction defects with respect to a multi-unit luxury housing project
• Eight figure dollar settlement from national accounting firm on verge of trial after four years of litigation on behalf of a major recording artist and his claims of mismanagement of financial affairs
• Successful defense of several lender liability suits, including recent defense verdict after trial on multi-million dollar claim against construction lender
• Resolution of several disputes involving departed members of bands
• Defense of artist accused of offensive performance during international broadcast of Super Bowl Halftime Show
• Defense verdict following arbitration of former manager’s commission claims against international rock star
• Multi-million dollar punitive damages verdict obtained on behalf of merchant against its national credit card processor following six week jury trial
• Representation of major merchandise company in prosecution of trademark and rights of publicity cases
• Enforcement of artist rights against promoters of live performances
• Defense of $100 million trade secret claim between competitors in the value added computer services business through six week jury trial
• Preliminary injunction barring City of Philadelphia from stopping free Metallica concert

Transactional

• Representation of lenders and borrowers with respect to construction, revolving or term loans, including loans secured by office buildings, ground leases, hospitals, copyrights, and royalty streams
• Negotiation of employment contracts for senior executives in the recording and live touring businesses
• Acquisition and operations of real estate assets
• Construction and development contracts
• Real estate joint ventures, LLCs and partnerships
• Negotiation and documentation of national touring agreements for performing artists
• Negotiated, documented and implemented all aspects of the national Up In Smoke Tour, one of the most successful hip hop tours of the decade

Recent Presentations

• Houston Intellectual Property Law Association 26th Annual Institute on Intellectual Property - “One Lawyer’s On the Job Training”
• 38th Annual Los Angeles Paralegal Association October Conference (Entertainment Law Seminar) - “Litigation Is Just More Interesting In The Entertainment World”
• Beverly Hills Bar Association Presentation, Entertainment Law Section - “When Entertainment Transactional Attorneys Screw Up”