Anthony J. Oncidi

Oncidi, who leads Proskauer’s labor and employment group on the West Coast, is best known for his work representing employers in the entertainment industry.

For instance, this summer he is set to represent the National Academy of Recording Arts and Sciences in arbitration in its high-profile dispute with former president and CEO Deborah Dugan. National Academy of Recording Arts and Sciences v. Dugan, 01-20-0000-3932 (AAA, filed Feb. 3, 2020).

Last year, he advised the Recording Industry Association of America as it worked out an agreement with state legislative leaders to amend AB 5 in ways that allow many music artists to continue working as independent contractors, rather than employees.

Currently, Oncidi is defending on appeal an injunction he won for Viacom International Inc. to stop Netflix Inc. from luring away employees who are still under contract. Viacom International Inc. v Netflix Inc., B312797 (Cal. App. 2nd Dist., filed May 14, 2021).

Viacom is the second entertainment company to sue Netflix for poaching senior people. The disputes are “further complicated by the fact that almost all the Hollywood studios have an independent business relationship with Netflix, obviously,” he said.

Oncidi does represent clients in other areas as well, including in financial services and health care, including especially Cedars-Sinai Medical Center.

Although he could not name any clients, he and Proskauer also represent law firms being sued by their own lawyers. “We are proud to be lawyers’ lawyers,” he said.

Lawyers used to be reluctant to sue their firms, but that reluctance has dissipated, Oncidi said. “Even equity partners in law firms are taking the position that they’re more like employees than partners, and therefore they’re trying to access laws put in place to protect employees.”

“That’s playing out in law firms all over the country,” he said.

Outside of litigation and client counseling, Oncidi also has been speaking and writing in defense of arbitration agreements. Those are being attacked in the California Legislature and in Congress, such as a 2019 bill named the Forced Arbitration Injustice Repeal, FAIR, Act. He believes the president would sign such legislation.

“We typically do advise clients to have arbitration agreements, but they are imperiled at the state and federal level, so we’ll see how long that lasts.”

— Don DeBenedictis