Stephen Smith

Partner

Entertainment and IP, Employment & Alternative Dispute Resolution

D: 310.785.6895
F: 310.201.2350

Profile

 

Stephen Smith serves as Greenberg Glusker's Managing Partner. His law practice focuses on representing entertainment and new media companies in the motion picture, television, digital app and interactive gaming industries.  He provides those companies with legal counseling related to all aspects of their businesses in litigation and transactional matters alike.  His clients have included Ubisoft Entertainment, S.A., Gameloft, S.A., Crave Entertainment, K2 Networks, Spark Unlimited, Savage Entertainment, Elite Modeling, Collision Studios, Ticketmaster, StudiVZ, Genuine Games, Papaya Studios, JANUS et Cie, Logan Media and Sugar Foods.

Daily Variety selected Mr. Smith as one of Hollywood’s “Dealmakers” in its “Impact Report ’08.”  The Los Angeles Daily Journal honored Mr. Smith as one of the top 20 lawyers in Los Angeles under 40 years of age in its 2009 “20 Under 40” report. Mr. Smith has been selected by Los Angeles Magazine as a Southern California “Super Lawyer” and has received the highest peer-review rating of “AV” by Martindale Hubbell.  

Mr. Smith has a particular expertise in legal issues arising in the interactive gaming industry and is regularly quoted and featured in magazine and newspaper articles, online publications and radio broadcasts dealing with those issues.  Mr. Smith also has particular expertise in arbitrations, including international arbitrations, and employment-related matters.

Mr. Smith sits on the board of the Legal Aid Foundation of Los Angeles and provides pro bono services to the Alliance for Children’s Rights, Public Counsel and the ACLU.

Interactive Gaming Experience

  • Represented Ubisoft Entertainment, one of the world’s largest video game publishers, in a license dispute against MGA Entertainment, the owner of the girl doll property known as “Bratz,” which resulted in a $13 million judgment in favor of Ubisoft
  • Successfully negotiated and closed one of the most significant video game deals in the industry on behalf of Ubisoft Entertainment in an acquisition of rights to use bestselling author Tom Clancy's name and likeness in connection with interactive games, related books and motion pictures
  • Defended massively multiplayer online role playing video game publisher, K2 Networks, in copyright infringement, breach of contract and computer fraud and abuse act case filed by Mgame Corporation simultaneously in California state court, California federal court and the Singapore International Arbitration Centre 
  • Defended Ubisoft Entertainment against a copyright infringement case brought by John Beiswenger alleging that Ubisoft’s Assassin’s Creed video game infringed Beiswenger’s novel Link, resulting in Beiswenger dismissing his case at the pleading stage
  • Represented Crave Entertainment in a video game development dispute against Visiware Entertainment, a video game developer, which resulted in an award in favor of Crave for 100 percent of the damages sought by Crave along with all of its attorneys’ fees and costs
  • Represented Ubisoft Entertainment in its acquisition of the name and likeness rights of Michael Jackson for use in the video game Michael Jackson: The Experience.
  • Represented Spark Unlimited, the developer of video games Call of Duty Finest Hour, Turning Point: Fall of Liberty and Legendary: The Box, in a breach of contract and fraud claim against Activision Publishing
  • Represented Savage Entertainment, a video game developer whose work includes Transformers, Blacksite, Medal of Honor: Vanguard and U.S. Army: DARPA Real World, in a breach of contract dispute with video game publisher Take Two Interactive
  • Defended video game publisher and developer, Nobilis, in breach of contract case filed by Southpeak Interactive, resulting in a dismissal of the case at the pleading stage
  • Represented Gameloft, a mobile phone interactive gaming publisher, in copyright and trademark infringement action brought against it by Activision Publishing

General Litigation Experience

  • Represented Sugar Foods Corporation in a false advertising claim filed by a consumer relating to the product Sugar in the Raw, resulting in a complete dismissal of the claim on motion at the outset of the case.    
  • Represented Fun 4 All, a manufacturer of plush dolls, in a license dispute against MGA Entertainment, resulting in a $2 million award in favor of Fun 4 All
  • Obtained a mandatory permanent injunction on behalf of the Estate of George Harrison, requiring Mr. Harrison’s former brother-in-law to return to the estate the personal property of Mr. Harrison, which the former brother-in-law had stolen 20 years earlier and then attempted to sell as memorabilia immediately after Mr. Harrison’s death
  • Obtained a defense judgment on behalf of Abbott Laboratories, a medical device distributor, in a product defect case arising from a severe burn suffered by a patient with Lou Gehrig's disease when his gastrostomy feeding tube became dislodged causing his stomach acid to leak onto his skin

Employment Experience

  • Obtained a complete dismissal on behalf of Taylor Thomson of wrongful termination, interference with contract and invasion of privacy claims that had been filed by Ms. Thomson's former nanny and, thereafter, obtained judgment against the nanny for malicious prosecution for having brought the wrongful termination claim
  • Represented world famous restaurateur, Michael Chow, in class action wage and hour claim alleging failure to provide meal and rest breaks and improper tip pooling
  • Represented Majestic Realty and Pacific Palms in wrongful termination and sexual harassment case.
  • Represent Logan Media in wage and hour claim alleging the misclassification of employees as independent contractors
  • Represented Ticketmaster in wrongful termination in violation of public policy and retaliation claim
  • Represented numerous employers in the negotiation of employment contacts and severance agreements
  • Represented numerous employers in cases involving the enforceability of covenants not to solicit and covenants not to compete
  • Represented numerous employers in trade secret cases where former employees were alleged to have misappropriated former employers’ trade secrets for use in connection with new employment 

 

Published Articles

  • Featured in "Making His Case," Smart Business Los Angeles, June 2012 
  • Profiled, "Why arbitration remains the better option," Smart Business Magazine, September 1, 2011
  • Featured in Lawyer Limelight, Lawdragon.com, August 24, 2009
  • Quoted in, "Crushing Sales Figures Don't Signal 'Game Over' for Industry," E-Commerce Times, August 14, 2009
  • Author, "Gimme Some Truth," The Recorder, August 20, 2008
  • Co-author, “Entertainment and Media Law Client Strategies: Leading Lawyers on Case Strategies, Exceeding Client Expectations, and Negotiating Deals,” Aspatore Books, 2007
  • Co-author, “Exemption Clause Gap,” Game Developer Magazine, June 2007
  • Author, “Play Smart with Wages,” Game Developer Magazine, May 2006
  • Co-author, “Contractual Jury Waivers Held Unenforceable,” California Real Estate Journal, February 13, 2006