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David Halberstadter

By John Roemer | Mar. 18, 2020

Mar. 18, 2020

David Halberstadter

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David Halberstadter
David Halberstadter

Katten Muchin Rosenman LLP

Los Angeles; Century City

Intellectual property litigation

Halberstadter focuses on intellectual property-related disputes among leading entertainment companies for clients such as Entercom Communications Corp., the successor to CBS Radio; DreamWorks II Development Co. and Storyteller Holding Co., known as Amblin Partners; STX Productions LLC; and others, many of them confidential.

A recent high point, he said, was preparing for the witness stand prominent client Stephen Spielberg, Amblin's chairman, at an arbitration over a licensing dispute regarding the distribution in Germany of the war drama "Thank You For Your Service."

The arbitrator awarded Spielberg's company more than $4.5 million. Storyteller Distribution Co. LLC v. Constantin Film Verleih GmbH, Claim 17-46 (Independent Film & Television Alliance, filed Sept. 20, 2017).

"Without question, that was both scary -- because he's such a famous person -- and gratifying, because he embraced the task of being prepared to testify more than any other senior person I've ever had to deal with," the Katten Muchin Rosenman LLP deputy general counsel said.

The film, released in 2017, is about post-traumatic stress disorder in U.S. soldiers following deployment to Iraq. The German distributor declined to market the film in Germany despite its contractual obligation to do so, citing the downbeat subject matter, Halberstadter said.

"We hadn't intended to call him, but the other side insisted that Spielberg testify," Halberstadter said. "I never asked a question, just let the other side have at him. We had prepared him to cover everything I'd have asked him on direct, and he gave the answers I wanted the arbitrator to hear."

Halerstadter said Spielberg was a star on the witness stand.

"I've done a lot of litigation for entertainers but this was so cool," Halberstadter said. "A lot of his testimony had to do with working with directors and writers. He talked about 'Saving Private Ryan' and the emotional impact that had. He talked about working with [producer-director] Sam Mendes. He was chock-full of anecdotes. The arbitrator was spellbound."

After the session, Spielberg and Halberstadter reflected on how it had gone.

"I told him his testimony was spellbinding," Halberstadter said. "He came back with, 'Well, I had a good director.'"

In his pro bono work, Halberstadter represents the Feminist Majority Foundation, the publisher of Ms. Magazine. Four times a year, he reads every article and every letter to the editor to be published in the next edition to make sure there will be no exposure to third party claims, he said.

"It's very satisfying. I have two adult daughters and I joke with them that I know more about women's issues globally than most women. I am a well-informed feminist attorney."

-- John Roemer

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