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Charles J.
Harder

charles_harder_bio_v2

 

“In Hollywood, everyone knows the go-to lawyers. For … [a] violation of a famous person’s rights? … Charles J. Harder. [He] and his boutique Hollywood firm … are suddenly in the limelight [with] … their legal victory for the former professional wrestler Hulk Hogan, in his suit against Gawker Media…. Mr. Harder’s emergence as a power player happened… through a combination of grit, talent, shrewd calculation—and knowing the right people.”  

New York Times, May 30, 2016

 

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Charles Harder is one of the few go-to litigators in the United States for privacy, defamation, entertainment, intellectual property and business litigation. Licensed to practice in California, New York and the District of Columbia, Mr. Harder litigates cases in federal and state courts throughout the country, as well as arbitrations and administrative proceedings. His experience includes cases in a variety of industries: from representing major celebrities, to clients in the motion picture, television, music, Internet, social media, video game, advertising, fashion and art industries, to general business clients.

Mr. Harder has represented, among other companies and organizations: Ubisoft, one of the world’s largest video game publishers, based in France; Slimming World, the UK’s leading weight loss company; Passages Malibu, one of the world’s premier addiction treatment centers; and the International Boxing Association based in Switzerland.

Mr. Harder literally “writes the book” on his core practice areas, serving as Editor and Co-Author of ENTERTAINMENT LAW & LITIGATION, a law treatise published by LexisNexis which provides in depth analysis of the substantive and procedural law of copyright, idea submission, trademark, right of publicity, right of privacy, defamation, anti-SLAPP, profit participation, Talent Agencies Act, labor and employment, and insurance law.

Mr. Harder has been listed repeatedly as one of the Top 100 “Power Lawyers” in America by The Hollywood Reporter (one of only 30 litigators).

Mr. Harder has been listed repeatedly as an “IP Star” by Managing Intellectual Property, a media division of Euromoney’s Legal Media Group.

In 2016, after a three-week trial in state court in St. Petersburg, Florida, Mr. Harder won a $140 million verdict for his client, Hulk Hogan (real name Terry Bollea), in an invasion of privacy lawsuit against Gawker Media, its founder/CEO Nick Denton, and its former Editor-in-Chief A. J. Daulerio.

In 2011, after a four-week trial in Los Angeles Superior Court, Mr. Harder won an $18 million verdict for his client, Cecchi Gori Pictures, also obtained valuable film rights to seven motion pictures including The Departed and Shutter Island, and simultaneously defeated a $5 million counterclaim filed by the opposing party.

In 2009, Mr. Harder won four separate ICANN domain name arbitrations on behalf of four different A-list actors. Each case involved a three-arbitrator panel, and each decision sided 3-0 for Mr. Harder’s client. Links to each of these public case decisions are provided below, under “Reported Decisions.”

In 2007, after a one-week arbitration, Mr. Harder won a complete defense verdict on an $11 million claim, on behalf of Ubisoft.

Mr. Harder has obtained numerous seven-figure and eight-figure settlements on behalf of his plaintiff clients in recent years.

AREAS OF PRACTICE

ENTERTAINMENT AND INTELLECTUAL PROPERTY LITIGATION

  • Right of Publicity
  • Privacy Rights, including TROs and Injunctions
  • Reputation and Brand Protection
  • Trademark Infringement, including Lanham Act and False Advertising claims
  • Copyright Infringement, Idea Submission and Implied Contract claims
  • Defamation (Libel and Slander)
  • First Amendment
  • Anti-SLAPP
  • Profit Participation, Royalty and Audit matters
  • Licensing and Merchandising
  • New Media
  • Terminating Internet Imposters & Infringers
  • Internet Domain Name disputes & Cybersquatting
  • Talent Agencies Act & California Labor Commission proceedings
  • Advertising and Promotions

GENERAL BUSINESS LITIGATION

  • Breach of Contract
  • Business Torts including fraud, breach of fiduciary duty, constructive fraud, tortious interference with business relations, conversion, unjust enrichment and professional negligence
  • Unfair Competition and Unfair Business Practices, including Business & Professions Code § 17200
  • Trade Secrets
  • Employment Litigation
  • Electronic Discovery

PRESS STORIES

REPORTED DECISIONS

SPEAKING ENGAGEMENTS

  • Panel Speaker: “Right of Publicity: Past, Present & Future”
    Beverly Hills Bar Association, October 8, 2015, Beverly Hills, CA
  • Speaker: “Publicity and Privacy Law in 2015,” CLE Presentation, September 1, 2015, Hanson Jacobson law firm, Beverly Hills, CA
  • Board Member: Entertainment & Digital Media Symposium, July 31, 2015, Loyola Law School, Los Angeles, CA
  • Speaker: “Privacy Protection: A Master Class,” CLE Presentation, September 12, 2014, Ziffren Brittenham law firm, Century City, CA
  • American Bar Association, International Law Section 2013 Fall Meeting
    Speaker: “What are the Limitations in a Modern Democratic Society on the Freedom of Expression?”
    Moderator: Lord David Neuberger, Chief Justice of the Supreme Court of the United Kingdom
    October 2013, London, England
  • Co-Chair: Entertainment Law and Litigation Symposium,
    Sponsored by Loyola Law School and the Los Angeles County Bar Association, Entertainment Law and Intellectual Property Section (ELIPS); Three Evening Sessions, Eight Panel Discussions
    November 15-December 8. 2012, Century City, CA
    Moderator: Panel on Defamation and Anti-SLAPP Law
    Moderator: Panel on Right of Privacy Law, Stalking & Harassment
    Moderator: Panel on Right of Publicity Law
  • California State Bar, “IP and the Internet” Conference
    Speaker: Panel on “Practical Strategies for Dealing with Impersonation and Reputational Harm on the Internet,” September 14, 2012, Los Angeles, CA
  • Speaker: “Identifying and Terminating Online Infringers, Imposters & Defamers,” CLE Presentation, September 13, 2011, Jackoway Tyerman law firm, Beverly Hills, CA

ADDITIONAL PUBLICATIONS

  • Schwarzenegger vs. Bobbleheads: The Case for Schwarzenegger, 45 Santa Clara Law Review 557 (2005)
  • Is It Curtains for Joe Camel?…,16 Loyola Entertainment Law Review 399 (1995), reprinted in 20 Advertising Law Anthology (1996)

EDUCATION

  • Juris Doctor (1996), Loyola Law School, Los Angeles, Dean‘s Honor List
  • Bachelor of Arts, Politics, with College Honors (1991), University of California, Santa Cruz

PRIOR AFFILIATIONS AND HONORS

  • General Counsel and Vice President of Business and Legal Affairs, Load Media Network, Inc., Los Angeles (2000-2001)
  • Judicial Law Clerk, Hon. A. Andrew Hauk, Senior Judge and Chief Judge Emeritus, 
United States District Court, Central District of California, Los Angeles (1996-97)
  • Legislative Aide and Field Representative, California State Senator Herschel Rosenthal, Los Angeles, California (1991-94)
  • Congressional Award awarded in 1991 by then-U.S. Representative Leon Panetta (U.S. Secretary of Defense, 2011-2013; CIA Director 2009-2011; White House Chief of Staff 1994-97; White House Budget Director 1993-94; U.S. Representative 1977-1993)