In his complex litigation practice, Richard M. Simon resolves disputes and provides strategic legal analysis for entertainment, media, technology, and commercial clients. Mr. Simon is experienced in representing clients with a broad range of legal disputes, including challenges involving copyright, unfair completion, trademark and false advertising, intellectual property law, business torts, First Amendment and constitutional law, municipal governments, public contracts, and land use litigation. He has substantial appellate experience and has participated in matters before the U.S. Court of Appeals for the Ninth Circuit, California Court of Appeal, California Supreme Court, and U.S. Supreme Court.
Mr. Simon regularly represents, advises, and counsels major entertainment studios, the nation’s largest outdoor advertisers, cable and broadcast networks, and print and videogame publishers. His work for media and entertainment companies includes partnership, talent, licensing, carriage, and other business disputes, in addition to intellectual property counseling and litigation. Mr. Simon is also a Certified Information Privacy Professional (CIPP/US) focusing on privacy and data protection.
A notable area of Mr. Simon’s practice includes client advocacy before government regulatory agencies and municipal authorities. He has appeared before numerous administrative hearings and public forums, including the Los Angeles City Council, committees, and commissions, as well as the Los Angeles County Metropolitan Transportation Authority. Through these forums, he regularly manages legal and politically sensitive issues related to regulatory compliance, contested awards, and permit disputes.
As a law school student, Mr. Simon served as an extern at the Brennan Center for Justice, a non-partisan public policy and law institute in New York, focusing on voting rights litigation in the Center’s Democracy Program. Since then, he has played an active pro bono role in challenges for equal marriage rights in several states.
University of California, Los Angeles, School of Law, J.D., 2005
- Order of the Coif
- Journal of International Law and Foreign Affairs, Editor
Stanford University, B.A., Economics and German Studies, 1999
- Graduated with honors
Media, Entertainment, and Intellectual Property
- Represented cable TV networks and studios in a variety of partnership, carriage, licensing, and talent disputes.
- Achieved dismissal of multiple putative class actions against video game publishers, distributors, and retailers relating to claims under the Unfair Competition Law, the False Advertising Law, the Consumer Legal Remedies Act, and implied warranties.
- Obtained a favorable settlement for a major entertainment cable network in a copyright fair use dispute over the use of promotional materials on an Internet blog.
- Defended television producers on production-related torts, including claims of misappropriation, defamation, and invasion of privacy, and personal injury.
Member of a trial team that obtained a dismissal of a copyright infringement claim and an award of damages for client, Viacom and Viacom Media Networks, as well as the production company and producers, in a federal lawsuit involving the hit VH1 television show “Love & Hip Hop.”
Advertising and Out-of-Home Media Litigation and Advice
- Assisted out-of-home advertising companies in a range of complex litigation matters, including First Amendment and other constitutional issues, regulatory compliance issues, disputes among competitors, and fees and taxes on advertising.
- Provided advice and counsel on statewide and municipal legislation affecting advertising.
- Represented a leading outdoor advertising company in opposing a competitor’s challenge to an award of a major mass transit agency contract.
- Filed an amicus brief to the U.S. Court of Appeals for the Ninth Circuit on behalf of the League of California Cities and a major outdoor advertising company. The case preserved the authority of cities to support mass transit infrastructure through agreements that provide for the display of advertising.
- Filed an amicus brief to the U.S. Supreme Court on behalf of the American Association of Universities and Land Grant Colleges regarding the critical importance of academic technology transfer.
Ebay v. MercExchange, LLC: 547 U.S. 388 (2006)
Pro Bono Litigation
- Filed an amicus brief to the California and Iowa Supreme Courts on behalf of Legal Momentum, California Women’s Law Center, and other civil rights organizations concerning the constitutional right of marriage for same-sex couples; also participated in proceedings before the California Supreme Court challenging the validity of California’s Proposition 8.
- Participated in drafting an amicus curiae brief to the U.S. Court of Appeals for the Ninth Circuit in favor of certification of state law issues to the California Supreme Court in the federal same-sex marriage litigation, Perry v. Schwarzenegger, and an amicus brief in the U.S. Supreme Court on behalf of former California Assembly Speaker John Pérez.
- Certified Information Privacy Professional (CIPP-US)
International Association of Privacy Professionals
- Irell & Manella, LLP, 2005–2009
- California, 2005
- U.S. District Courts
Central and Northern Districts of California
- U.S. Court of Appeals for the Ninth Circuit