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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 malpractice.
Experience:
Mr. McPherson 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.
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. 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), reh den, and review den, cert den Von Villas v. California, 508 U.S. 975, 113 S.Ct.2970, 125 L.Ed 2d 669; Selleck v. Globe, 166 Cal. App. 3d 1123 (1985); Republic Corp. v. Superior Court (Delfino), 160 Cal. App. 3d 1253 (1984).
Professional Affiliations:
Mr. McPherson is a member of the State Bar of California, the Hawaii State Bar Association and the Bar of the Commonwealth of Massachusetts. He is also admitted to the United States District Court for the Central, Southern, Northern and Eastern Districts of California, the District of Hawaii, and the Second, Third, and Ninth Circuit Courts of Appeals.
In addition, he is a member of the Los Angeles, Century City and Beverly Hills Bar Associations, as well as the Forum on Entertainment and Sports Law of the American Bar Association. He is on the Executive Committee for the National Academy of Recording Arts & Sciences Entertainment Law Initiative Scholarship Program. He also has been a certified NFL Player's Agent and a member of the Sports Lawyers Association. For the past twenty-one years, he has served as chairman of many arbitration panels in connection with attorney/client fee disputes for the Los Angeles County Bar Association. He also served as a Beverly Hills Municipal Court Judge pro tem for thirteen years.
Education:
Mr. McPherson is a graduate of the University of Southern California, where he received a Bachelor of Arts degree in Psychology and a Music degree in Recording Engineering, both in 1978, graduating With Honors. He is also a graduate of the University of San Diego School of Law (J.D. 1982), where he won the Nathan Burkan (ASCAP) Copyright Law Competition. He was admitted to the California Bar in 1982, the Hawaii State Bar in 1983, and the Massachusetts Bar in 2005.
Articles Written:
Mr. McPherson has lectured on several entertainment-related and litigation-related topics, and has written numerous articles, the most notable of which have been: “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 (May, 2007); “PICK ME! PICK ME!: The New Copyright Lottery” The Entertainment and Sports Lawyer, Volume 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, Issue 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: California Supreme Court Has The Final (But Not The First) Word On The Talent Agencies Act” Southwestern Law Review, Vol. 31, Issue 4 (2002); “THE TALENT AGENCIES ACT -- Does One Year Really Mean One Year?” Hastings Communications and Entertainment Law Journal (COMM/ENT) Vol. 22, Issue No. 3 (Spring/Summer, 2000); “TRUTH IN ADVERTISING -- A Look At One Right Of Publicity Case Gone Terribly Wrong,” Texas Review of Ent. & 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 (February, 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) (Reprinted September, 1999, Sports & Entertainment Law Newsletter, Ohio State Bar Association); “IN THE LINE OF FIRE,” Los Angeles Lawyer (Annual Entertainment Law Issue - MCLE Article) (April, 1996); “Causation: The Forgotten Element of Conflict Malpractice,” U.C.L.A. Entertainment Law Review, Vol. 3, Issue 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 Issue) (June, 1994); “CONFLICTS IN THE ENTERTAINMENT INDUSTRY. . . NOT,” The Entertainment and Sports Lawyer, Vol. 10, No. 4 (Winter, 1993) (Reprinted January, 1997, Sports & Entertainment Law Newsletter, Ohio State Bar Association); (Reprinted March, 1996, William Mitchell College of Law, St. Paul, Minnesota, course curriculum); (Reprinted September, 1995, Tulane Law School course curriculum); (Reprinted April, 1994 by the Colorado State Bar, MCLE Course on Entertainment Law); “ALL RIGHTS RESERVED* A Practical Guide to Music Copyright Law,” (Winner, (1982) Nathan Burkan (ASCAP) Memorial Copyright Law Competition); and “THE ANN-MARGRET CASE ‘Magic’, and Media Transmogrification” (1981).
Media Appearances/Quotes:
Mr. McPherson has made numerous television and radio appearances on CNN (Larry King Live; Burden of Proof; Connie Chung; Paula Zahn), Fox News (Greta Van Susteran; Rita Cosby), Good Morning America, The Today Show, MSNBC (The Abrams Report), Celebrity Justice, ABC Network News, NBC Network News, CBS Network News, KABC Los Angeles, KTLA Los Angeles, KTTV Los Angeles, MTV News, MTV Asia, 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 and magazines, including the Wall Street Journal, New York Times, New York Post, New York Daily News, Washington Post, Washington Times, Los Angeles Times, Billboard, Rolling Stone, Pollstar, Dallas News, Philadelphia Inquirer, Los Angeles Daily Journal, USA Today, Entertainment Weekly, People, Us, Orange County Register, Chicago Tribune, Boston Globe, Boston Herald, Bangor Daily News, Albuqueque Tribune, Bloomberg News, Associated Press, Reuters, Providence Journal, Allstar Magazine, Variety, Hollywood Reporter, E! Online, Spin Magazine, KABC.com, Heavy Metal, Metal Express, NME.com, Dynamite Metal News, Top 40-Charts.com, and ROCK1023.com. |