Philip M. Kelly represents leading motion picture studios, broadcast and cable TV networks, production companies, entertainment, and sports agencies, as well as individuals and companies outside of the entertainment industry in legal disputes in state and federal courts and arbitrations throughout the country.
Mr. Kelly regularly handles disputes related to profit participation, intellectual property licensing, copyrights, film and TV distribution agreements, film slate financing, securities and common law fraud, and breach of contract. Currently, Mr. Kelly is litigating several high-profile cases involving the financing, distribution, and accounting for large slates of motion pictures along with copyright infringement actions involving popular movies and TV shows.
In addition to handling litigation matters for his clients, Mr. Kelly also provides substantial pre-litigation counseling and advice to help clients avoid litigation altogether.
- University of California, Los Angeles School of Law, J.D., 2000
- Order of the Coif
- Pomona College, B.A., Economics, 1995
- Pomona College Athletic Hall of Fame, Men’s Basketball
- Obtained a complete defense victory in the trial and appellate courts for Paramount Pictures in a complex commercial dispute that involved overlapping issues of entertainment and securities law.
- Representing New Regency Productions in an $18 million breach of contract lawsuit they filed against a group of film financiers who failed to fulfill their promise to repay certain expenses for a motion picture released in 2016.
- Representing a prominent talent agency in a $55 million lawsuit brought by producers and film financiers of motion picture projects alleging misrepresentations, fraud, and breaches of fiduciary duty.
- Represented Viacom and Viacom Media Networks in a copyright infringement lawsuit that involved the hit TV children’s show PAW Patrol.
- Represented Viacom Inc. and Viacom Media Networks in an action that involved numerous tort claims, including misappropriation of likeness and defamation that arose out of the production and broadcast of a reality TV program.
- Represented Universal Studios in an accounting dispute with StudioCanal that was related to a series of films that were produced by Working Title Films.
- Represented Hachette Book Group in a breach of contract action that was brought by William Paul Young, the author of the best-selling book The Shack.
- Represented Universal Music Group before the California Supreme Court in a landmark case that involved the scope of attorney-client privilege. Mr. Kelly served as the second chair on the client’s subsequent trial victory.
- Represented Paramount Home Entertainment in a dispute with Rank DMS in an alleged breach of a “most favored nations” provision in connection with distribution services for home entertainment products.
- Litigated on behalf of Activision Publishing against a video-game developer related to the development of a phenomenally popular World War II-based video game. The case included breach of contract and fraud claims filed by both parties, all of which were settled before trial.
- Successfully defended an online toy retailer in a multi-million-dollar breach of contract dispute that concerned a fulfillment of services agreement. After a two-week arbitration trial, the retailer received a favorable award.
Bar and Court Admissions:
- California, 2001
- U.S. District Courts
- Central and Southern Districts of California
- U.S. Court of Appeals for the Ninth Circuit
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