Arwen R. Johnson

Arwen R. Johnson practices copyright and trade secrets litigation as a King & Spalding LLP partner representing entertainment industry and technology company clients. She is co-lead on the firm's media, music and entertainment team, and she's the hiring partner at King & Spalding's Los Angeles office.

After obtaining her J.D. from UCLA School of Law, Johnson became one of the few to clerk both for U.S. District Judge Dean D. Pregerson of Los Angeles and, at his suggestion, for his father, the late Harry Pregerson, of the 9th U.S. Circuit Court of Appeals.

Johnson joined King & Spalding in 2020 after working at Caldwell Leslie & Proctor PC and, after a merger, at Boies Schiller Flexner LLP. "It's been very busy," she said. "Since I got here, I almost feel I haven't caught my breath yet."

Her client roster includes Warner Bros. Entertainment Inc., New Line Productions Inc., Netflix Inc., Applied Materials Inc. and Molina Healthcare Inc.

Johnson is skilled both in federal copyright law and in its unique California analog, the idea theft claim developed with Hollywood story pitch situations in mind. "The idea theft concept can let a plaintiff stay in state court and avoid the more stringent federal copyright analysis," she said.

Central to idea theft is the breach of implied contract claim that arises when someone pitches a story to someone else who profits without crediting the originator. In one recent case, a plaintiff alleged he gave a copy of his unpublished novel to his wife's cousin, a Hollywood producer, who allegedly agreed to pay him if a movie was made. The plaintiff asserted that the resulting Ben Affleck thriller, "The Accountant," was based on his idea. Mosher v. Warner Bros. et al., 20STCV11096 (L.A. Super. Ct., filed March 20, 2020).

Leading the defense, Johnson won a demurral on statute of limitations grounds, then defended and won the plaintiff's appeal of the trial court's dismissal order.

For Netflix and other named defendants, Johnson is handling a copyright infringement claim over the hit series, "Raising Dion" and the comic book it was based on. The plaintiff alleges both stemmed from his novel, "December's Eve;" he's seeking $1 billion in damages. Price v. Netflix Inc. et al., 2:22-cv-00627 (C.D. Cal., filed Jan. 28, 2022).

U.S. District Judge John Kronstadt has issued a tentative ruling for Netflix, agreeing with Johnson's argument that the works are not substantially similar as a matter of law.

"There's an appropriate trend in federal courts to consider works on the pleadings when a judge can look at them and rule without expensive litigation involving experts," Johnson said. "It really helps streamline these matters."

-- John Roemer