Lee S. Brenner

Venable LLP

Los Angeles

Media and entertainment litigation

In a dispute stuffed with lawyers on the subject of lawyering, Brenner said it was a reaffirming thing to have an arbitrator see it his way.

Brenner, just last month celebrated his first anniversary as a partner and entertainment and media litigation group leader at Venable, said it's hard to think of a busier stretch in practice as a trial attorney.

An active litigator in the areas of defamation and IP rights among others, Brenner said many of his most interesting advocacy work in the last few years has happened behind closed doors with a neutral. And while the confidential nature of the discussions prevented him from talking about any of them, Brenner said, he certainly had a favorite among them.

Speaking broadly on the dispute, Brenner said he represented a major entertainment studio in a TV deal dispute that roughly boiled down to divergent interpretations of the terms of a prior settlement agreement - and whether it had actually been agreed upon - by lawyers for either side.

"So it went before an arbitrator, where the question was 'Did this actually settle?'" Brenner said.

Given the amount of J.D.s involved in the matter, that essential disagreement made for some sophisticated and complex argument. No stranger to disputes centered on attorney crossfire, Brenner said a witness might as likely cross-check your theory as the neutral.

"It's a test. The lawyers on both sides know exactly what you're going to be doing at any one time. They know what's going to work in cross-examination and what's not," Brenner said.

Ultimately the opposing party began to comply with the terms of the agreement, without requiring prompting from an arbitrator's decision, though an issued opinion largely adopted Brenner's view. Though unable to discuss the resolution in-depth, Brenner said his side was satisfied by the final result.

Brenner was recently named the 2020 Entertainment Lawyer of the Year by the Century City Bar Association. With the recognition and awards dinner still upcoming, Brenner said he was particularly excited to be celebrating with his mom, who would be flying in from his old home state of Wisconsin.

"With me being a litigator in Los Angeles for so long, I think it'll be nice as a way to show her that her life choices were validated. It's something I always make fun about with my mom," Brenner said. 'But it's a nice unexpected accolade."

-- Steven Crighton