Edwin F. McPherson

emcpherson@mcphersonrane.com

 

  • McPHERSON BILLBOARD PROFILE-HONOR-fin1
  • McPHERSON BILLBOARD PROFILE-HONOR-fin

Ed McPherson has been practicing law for over 34 years.  He recently was honored in Billboard Magazine’s “50 Attorneys of Note in the Music Biz.”  He has received an AV® Preeminent™ rating from Martindale-Hubbell®, which is the highest possible rating awarded.  He also has been recognized as a California Super Lawyer for 10 consecutive years.

He started his own firm in 1991, which became McPherson & Grossblatt, McPherson & Kalmansohn, and ultimately McPherson Rane 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.

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; 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, Albuquerque 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.

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

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:

  • “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 DealLos Angeles Daily Journal, August 18, 2014
  • Unpaid Internship Suit Could Turn Hollywood On Its Head, Los Angeles Daily Journal, July 19, 2013
  • 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
  • ALL RIGHTS RESERVED* A Practical Guide to Music Copyright Law, Nathan Burkan (ASCAP) Memorial Copyright Law Competition, Winner, 1982
  • THE ANN-­MARGRET CASE – ‘Magic’, and Media Transmogrification, 1981

Awards/Honors:

  • AV® Preeminent™ -­‐ Martindale-­Hubbell®
  • Southern California Super Lawyers (10 Consecutive Years)
  • Billboard Magazine – “50 Attorneys of Note in the Music Biz” (2014)

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