Edwin F. McPherson - McPherson LLP

Ed McPherson has been practicing law for 39 years. He recently was honored in Billboard Magazine’s “Top Music Lawyers” for the second year in a row. He has also been honored as Billboard’s “50 Attorneys of Note in the Music Biz,” and has been named among the Los Angeles Daily Journal’s “Top Entertainment Lawyers.” He has received an AV® Preeminent™ rating from Martindale-Hubbell® for decades, which is the highest possible rating awarded. He also has been recognized as a California Super Lawyer for 14 consecutive years.

He started his own firm in 1991, which became McPherson & Grossblatt, McPherson & Kalmansohn, and ultimately McPherson LLP. In all incarnations, his firm has handled all phases of complex entertainment and business litigation. Before starting his own firm, he was with the entertainment litigation firm of Lavely & Singer in Century City, where he represented all factions of the entertainment community in many areas of litigation. Before joining Lavely & Singer in 1989, Mr. McPherson was with the Beverly Hills entertainment firm of Cooper, Epstein & Hurewitz, where he handled all phases of entertainment litigation as well as many aspects of music, film, and television transactional matters. Mr. McPherson began his career at Booth, Mitchel, Strange & Smith, specializing in complex insurance coverage matters and bad faith litigation, wrongful termination, and legal and accounting malpractice.

Professional Experience:

Mr. McPherson is a frequent author and lecturer. He has handled numerous matters involving copyright infringement, trademark infringement, management/artist disputes, rights of publicity, rights of privacy (including internet privacy and stalking), record production and distribution, music publishing, defamation, motion picture and television production and distribution, breach of implied contract (submission cases), net profits, unfair competition, WGA, DGA, SAG, and AFTRA disputes, wrongful termination and other labor-related matters, insurance coverage and bad faith, legal malpractice, and general civil litigation. In addition, Mr. McPherson has served as a consultant and expert witness in connection with the California Talent Agencies Act, about which he has written numerous articles and spoken on many panels. He has been qualified by the Los Angeles Superior Court as an expert in management/artists disputes, agent/artist disputes, and the entertainment industry in general.

During his career, Mr. McPherson has engaged in all phases of civil litigation in State and Federal courts in California and many other states. He has substantial experience representing both plaintiffs and defendants in proceedings involving temporary restraining orders, preliminary injunctions, and writs of attachment, and has participated in numerous trials, arbitrations, petitions for writs of mandate, and appeals before the California Supreme Court, the California Court of Appeal, and the Federal Court of Appeals in the First, Second, Third, Fourth, Seventh, and Ninth Circuits. He has participated in several cases that have resulted in published opinions, including Brother Records, Inc. v. Jardine, 318 F.3d 900 (9th Cir. 2003); Michaels v. Internet Entertainment Group, Inc., 5 F.Supp.2d 823 (C.D.Cal. 1998); People v. Von Villas, 10 Cal. App. 4th 201 (1992), reh den, and review den, cert den Von Villas v. California, 508 U.S. 975; Selleck v. Globe, 166 Cal. App. 3d 1123 (1985); and Republic Corp. v. Superior Court (Delfino), 160 Cal. App. 3d 1253 (1984).

Media Appearances/Quotes:

Mr. McPherson has made numerous television and radio appearances on CNN (Larry King Live; Burden of Proof; Connie Chung Tonight; CNN American Morning With Paula Zahn), Fox News (On the Record With Greta Van Susteren; The Rita Cosby Show), ABC (Good Morning America), NBC (The Today Show), MSNBC (The Abrams Report), ABC Network News, NBC Network News, CBS Network News, TMZ, Court TV, Extra!, KABC TV Los Angeles, KABC Radio Los Angeles, KTLA Los Angeles, KTTV Los Angeles, MTV News, MTV Asia, KFI Los Angeles, KPRC Houston, ABC Eyewitness News Houston, WHDH Boston, Fox 25 News Boston, WBZ Radio Boston, WHJJ Providence, WRKO Radio Boston, WPRO Radio Providence, WPRI Providence, WRNR Providence, WJAR Providence, and Fox Radio Denver.

In addition, he has been quoted in countless newspapers, magazines, and online news outlets, including the Wall Street Journal, New York Times, New York Post, New York Daily News, Washington Post, Washington Times, Los Angeles Times, Bloomberg News, Associated Press, MSN, Reuters, Forbes, Billboard, Rolling Stone, Newsweek, Vanity Fair, Allstar Magazine, Variety, Hollywood Reporter, E! Online, Spin Magazine, Pollstar, Los Angeles Daily Journal, USA Today, Entertainment Weekly, People, Us, Law360, Entertainment Tonight, Newsday, The Daily Beast, CNBC, PBS, USNews.com, Page Six, Houston Chronicle, Orange County Register, Chicago Tribune, Boston Globe, Boston Herald, Yahoo Finance, Daily Mail, Fox News, ABC7 Chicago, Dallas News, Philadelphia Inquirer, The Independent, Bangor Daily News, Albuquerque Tribune, Providence Journal, KABC.com, Heavy Metal, Metal Express, The Wrap, The Blast, NME.com, Dynamite Metal News, Top 40-Charts.com, ROCK1023.com, California News Times, Yahoo News, Texas Monthly, Noise11.com, Music-News.com, Female First, News Nation USA, Illinois News Today, Florida News Times, Brinkwire, Pop Culture, Cape Town ETC, The South African, The Hollywood Gossip, Liberation News, Graphic Online, Report Door, Soap Opera Spy, OK Magazine, Enstars, Millions of Celebs, Ceng News, Film Daily, wkow.com, Complete Music Update, 106.3 The Groove, Union-Bulletin, Hastings Tribune, Denver Gazette, 9News, The Bakersfield Californian, KYMA, AceShowbiz.com, Trapholizay, Sahu News, CBS 58, RemoNews, The Global Herald, The Week, Revolt TV, Starsgab, Jackson Progress-Argus, WRCBtv.com, Wiki, Biography Daily, VICE, Moultrie Observer, Get India News, Audioburst, Click2Houston, Inquirer.net, The Middletown Press, 711Web, Xnewsnet.com, Celeb Hook, Uber Turco News, Eueditorial, COCO, Tulsa World, FOX Carolina, The Norman Transcript, WTTW News, Republic World, WHNT, KCTV 5, WSVN, CBS DFW, Dallas Morning News, Greenwich Time, Barbados News, Inquirer.net, HipHopDX, Vegan News, AllHipHop.com, WWNY, InsideNoVa.com, WRCBtv.com, Complex, wdrb.com, Midland Daily News, Brandenton Herald, Insider, Albuquerque Journal, Stereogum, Business Insider Australia, Today, UPROXX, Star Local Media, Chronicle Journal, Todayunews, KEYT, Clayton News Daily, Vegna News, The Sun, Legal Reader, Gulf News, Our Culture Mag, AmoMama, The Irish Sun, The Boot, Music Business Worldwide, Heavy.com, Hip-Hop-N-More, Up News Info, XXLMAG.COM, Ultimate Classic Rock, AllHipHop, BroBible, Far Out Magazine, The Colorado Music Business Organization, and Home – WSFX.

Areas of Practice:

Entertainment Litigation
Copyright Infringement
Copyright Termination/Reversion
Idea Submission/Protection
Trademark Infringement
Talent Agencies Act
Right of Publicity
Right of Privacy
Leaving (Band) Member Disputes
Stalking/Restraining Orders
Crisis Management
Minor’s Contracts (Court Approval)
Audit Claims/Net Profits
Defamation
Labor Code Section 2855 – Seven-Year Rule
Insurance Coverage and Bad Faith

Certified Legal Specialties:

Former Registered NFL Player’s Agent

Bar Admissions:

California Bar
New York Bar
Massachusetts Bar
Hawaii Bar
U.S. Supreme Court
U.S. Court of Appeals – First Circuit
U.S. Court of Appeals – Second Circuit
U.S. Court of Appeals – Third Circuit
U.S. Court of Appeals – Seventh Circuit
U.S. Court of Appeals – Ninth Circuit
U.S. District Court, Central District of California
U.S. District Court, Southern District of California
U.S. District Court, Northern District of California
U.S. District Court, Eastern District of California
U.S. District Court, District of Hawaii
U.S. District Court, Northern District of Illinois
U.S. District Court, Middle District of Tennessee
U.S. District Court, Southern District of New York
U.S. District Court, District of Massachusetts

Education:

University of San Diego School of Law, San Diego, California
- J.D. – 1982
- Honors: Winner – Nathan Burkan (ASCAP) Copyright Law Competition
University of Southern California
- A.B. – Psychology – 1978
- A.B. – Music/Recording Engineering – 1978
- Honors: Cum Laude

Published Cases:

Brother Records, Inc. v. Alan Jardine, 318 F.3d 900 (9th Cir. 2003)
Michaels v. Internet Entertainment Group, Inc., 5 F.Supp.2d 823 (C.D.Cal. 1998)
People v. Von Villas, 10 Cal. App. 4th 201 (1992)
Von Villas v. California, 508 U.S. 975
Selleck v. Globe, 166 Cal. App. 3d 1123 (1985)
Republic Corp. v. Superior Court (Delfino), 160 Cal. App. 3d 1253 (1984)

Published Articles:

The Talent Agencies Act: From Humble Beginnings to the Regulation of Attorneys – Has It Gone Too Far?, Virginia Sports and Entertainment Law Journal, Vol. 18, Spring 2019
PRACTICE TIPS: Guidance on Section 998 Offers to Fee Shift in Arbitration, Los Angeles Lawyer, December 2019
PERSPECTIVE: Katy Perry Verdict: The carnage continues, Los Angeles Daily Journal, August 7, 2019
CRUSHING CREATIVITY: The Blurred Lines Case And Its Aftermath, Southern California Law Review, Vol. 92, February 2019
SOME THEY DO, AND SOME THEY DON’T – LITIGATION PRIVILEGE FOR PRE-LITIGATION DEMAND LETTERS IN CALIFORNIA, Texas Entertainment and Sports Law Journal, Vol. 27, No. 1, Spring/Summer 2018
PERSPECTIVE: When Is A Demand Letter Considered Just a ‘Bluff’?, Los Angeles Daily Journal, November 28, 2017
Artists: ‘Blurred Lines’ Verdict Hurts Industry, Los Angeles Daily Journal, September 9, 2016
ENTERTAINERS BEWARE: You May Have Less Insurance Coverage Than You Think, Southwestern Law Review, Vol. 45, No. 2, 2015
PERSPECTIVE: TAA Violation For Record Producer Deal, Los Angeles Daily Journal, August 18, 2014
Unpaid Internship Suit Could Turn Hollywood On Its Head, Los Angeles Daily Journal, July 19, 2013
Is The California Legislature Listening, Los Angeles Lawyer, March 2012
Why The L.A. Superior Court Is A Stalker’s Paradise, Los Angeles Daily Journal, January 4, 2012
FBT v. AFTERMATH – Eminem Raps The Record Industry, The Entertainment and Sports Lawyer, Vol. 29, No. 1, Spring, 2011
Evil Over Good – Bratz Crushes Barbie, The Entertainment and Sports Lawyer, Vol. 28, No. 4, Winter, 2011
Did Marathon and Preston Kill the Talent Agencies Act?, Southwestern Law Review Vol. 38, 2009
DOUBLE AGENT: Is The Penalty Of Declaring a Contract Void Ab Initio Too Harsh For Managers Who Procure Employment?, Los Angeles Lawyer, 2007
PICK ME! PICK ME!: The New Copyright Lottery, The Entertainment and Sports Lawyer, Vol. 24, No. 2, Summer, 2006
Gonna Wash That Right Of Publicity Right Out of My Hair – Life After Toney v. L’Oreal, John Marshall Review of Intellectual Property Law, Vol. 4, 3 Spring, 2005
Voice Misappropriation in California – Bette Midler, Tom Waits, and Grandma Burger, University of Miami Business Law Review, Vol. 11:000, 2003
STYNE v. STEVENS: The California Supreme Court Has The Final (But Not The First) Word On The Talent Agencies Act, Southwestern Law Review, Vol. 31, 4, 2002
THE TALENT AGENCIES ACT – Does One Year Really Mean One Year?, Hastings Communications and Entertainment Law Journal (COMM/ENT) Vol. 22, 3 Spring/Summer, 2000
TRUTH IN ADVERTISING – A Look At One Right Of Publicity Case Gone Terribly Wrong, Texas Review of Entertainment & Sports Law, Vol. 1, No. 1, Spring, 2000
WHAT’S IN A NAME? The Use, Misuse, and Trademark Protection of Band Names, The Entertainment and Sports Lawyer, Vol. 18, No. 1, Spring, 2000
OFFENSIVE INTERFERENCE – Recent Developments In Tortious Interference Law, Cover article -‐ Los Angeles Lawyer, 2000
The Talent Agencies Act Is Alive, But Is It Well?, Los Angeles Lawyer, December, 1999
Manager Violates Talent Agencies Act Despite Absence of Fees, Entertainment Law & Finance, Vol. XV, No.3, June, 1999
THE TALENT AGENCIES ACT – Time For A Change, Hastings Communications and Entertainment Law Journal (COMM/ENT), Vol. 19, Issue No. 4, January, 1998
IN THE LINE OF FIRE, Los Angeles Lawyer (Annual Entertainment Law, MCLE Article, April, 1996)
Causation: The Forgotten Element of Conflict Malpractice, U.C.L.A. Entertainment Law Review, Vol. 3, 1 Fall, 1995
How Talent Representatives Can Fight Client Flight, Entertainment Law & Finance, Vol. XI, No. 4, July, 1995
THE TALENT AGENCIES ACT – A Personal Manager’s Nightmare, Los Angeles Lawyer (Annual Entertainment Law), June, 1994
CONFLICTS IN THE ENTERTAINMENT INDUSTRY. . . NOT, The Entertainment and Sports Lawyer, Vol. 10, No. 4, Winter, 1993; Reprinted: Sports & Entertainment Law Newsletter, Ohio State Bar Association, January, 1997; Course Curriculum, William Mitchell College of Law, St. Paul, Minnesota, March, 1996; Course Curriculum, Tulane Law School, September, 1995; Colorado State Bar, MCLE Course on Entertainment Law, April, 1994
THE ANN-MARGRET CASE – ‘Magic’, and Media Transmogrification, 1981

Awards/Honors:

AV® Preeminent™ -‐ Martindale-Hubbell®
Southern California Super Lawyers (14 Consecutive Years)
Best Lawyers In America (for 2021 and 2022)
Billboard Magazine – “Top Music Lawyers for 2022”
Billboard Magazine – “Top Music Lawyers for 2021”
Billboard Magazine – “Top Music Lawyers for 2020”
Billboard Magazine – “50 Attorneys of Note in the Music Biz”
Daily Journal – “Top Entertainment Lawyers”

Professional Associations and Memberships:

State Bar of California
New York State Bar
Bar of the Commonwealth of Massachusetts
Hawaii State Bar Association
Los Angeles Copyright Society
Southern California Business Litigation Inn of Court
Los Angeles County Bar Association
Beverly Hills Bar Association
Century City Bar Association
American Bar Association
American Bar Association, Forum on Entertainment and Sports
National Academy of Recording Arts & Sciences
Sports Lawyers Association, Former Member

Previous Law Firms:

McPherson Rane LLP
McPherson & Kalmansohn, LLP
McPherson & Grossblatt
Lavely & Singer, P.C.
Cooper, Epstein & Hurewitz
Booth, Mitchel, Strange & Smith