
Glenn Pomerantz is a partner in the Los Angeles office of Munger, Tolles & Olson.
Glenn tackles some of the most complex antitrust matters in the country. He not only provides antitrust counseling to private companies in numerous industries and represents many of these companies in antitrust lawsuits, but he is also one of the few private lawyers who has been asked by the U.S. Department of Justice and numerous State Attorneys General to serve as lead trial counsel for the government in high-profile merger challenges, including the State of Washington’s recent successful challenge to the $24.6 billion merger of the Albertsons and Kroger supermarket chains.
Glenn has received many honors for his legal work. He has frequently been named to published lists of the top lawyers in California, the top antitrust lawyers in the country, and the top media/entertainment lawyers in the country. Chambers USA ranks Glenn in multiple categories and has described him as “particularly great at counseling on creative solutions to very complex problems” and as a “terrific litigator” who is “great in the courtroom and excellent at cross-examination.” He is listed in The Best Lawyers in America for his work on bet-the-company litigation, commercial litigation and copyright law.
Glenn received his A.B. Degree summa cum laude from the University of California, Berkeley in 1980. He received his J.D. degree cum laude from Harvard Law School in 1983. Following graduation from law school, Glenn served as law clerk to the Honorable David V. Kenyon of the U.S. District Court for the Central District of California.
Glenn is active in a variety of professional and community activities. He has lectured on numerous topics, including antitrust, copyright, entertainment litigation, federal court practice, and trial techniques and strategies. He has served as a member of the board of the Legal Aid Foundation of Los Angeles (2001-2010 and served as President of the Board in 2008-2009) and Polytechnic School in Pasadena (2003-2012). He currently serves as a member of the board of the Western Justice Center (2008-present) and previously served as President of the Board.
Antitrust Experience
Some of Glenn’s significant representations include:
- Office of the Attorney General of the State of Washington: Co-lead trial counsel in successfully challenging the proposed $24.6 billion merger of the Albertsons and Kroger supermarket chains.
- Google Play MDL: Lead counsel at trial and in multi-district litigation encompassing private, class and government enforcement actions alleging anticompetitive conduct in connection with the Google Play Store and the Android operating system.
- BNSF Railway Company in an MDL proceeding involving claims of price fixing.
- Steves and Sons v. JELD-WEN: Lead trial counsel for private party successfully challenging a consummated merger; jury awarded $58 million in damages and court-ordered divestiture of acquired manufacturing facility.
- State of New York, et al v. T-Mobile and Sprint: Lead trial counsel for 17 states challenging the proposed merger of T-Mobile and Sprint.
- O’Bannon v. NCAA: Lead trial counsel for the NCAA in antitrust lawsuit challenging the rules of amateurism governing college sports.
- U.S. v. AT&T and T-Mobile: Co-lead trial counsel for the United States Department of Justice in lawsuit seeking to block AT&T/T-Mobile merger.
- Universal Music Group: Lead counsel in antitrust reviews of several major transactions, including conducted by the Federal Trade Commission and the U.S. Department of Justice.
- Brantley: Represented major television programmer in antitrust lawsuit alleging that programmers conspired with cable and satellite providers to offer television channels in bundled tiers rather than “a la carte” and obtained dismissal that was affirmed on appeal.
- Online Music MDL: Represented major record company in class action pending in New York federal court alleging price-fixing of digital downloads.
- Blockbuster: Represented major studio in antitrust action in Texas federal court challenging the revenue-sharing agreements between studio and Blockbuster.
Other Experience
Glenn is one of the leading attorneys in the media, entertainment and sports industries, representing clients in cutting-edge matters involving mass infringement of copyrights, the implications of evolving technologies on the distribution of content and sensitive internal investigations.
Copyright
- LimeWire: Lead trial counsel for major record companies in copyright action in New York federal court against the largest peer-to-peer service; obtained injunction shutting down service and a $105 million settlement after two weeks of trial.
- SoundExchange: Represented SoundExchange on behalf of copyright owners in Copyright Royalty Board proceeding to set royalty rates for webcasters.
- CBS v. ABC: Represented ABC in copyright and trade secret action brought by CBS alleging that the reality program “The Glass House” infringed on the copyrights to the reality program “Big Brother” and successfully opposed a TRO seeking to enjoin program.
- RealDVD: Represented six major studios in DMCA action in San Francisco federal court challenging distribution of DVD-copying product that circumvented copy-protection technology; obtained preliminary injunction stopping distribution of product.
- Napster II: Represented major record company in secondary copyright infringement action in San Francisco federal court against investors in Napster; obtained substantial settlement payments.
- Zediva: Represented six major studios in copyright action in Los Angeles federal court against streaming service alleging violation of public performance right; obtained preliminary injunction shutting down service.
- Other Litigation: Represented content owners in various claims arising from online piracy and in claims alleging copying of scripts, treatments, compositions and recordings.
- Counseling: Provide frequent advice to numerous clients on copyright issues arising from evolving technologies and methods of distribution.
Contract
- USA Networks: Represented owner of USA cable networks in dispute with co-owner alleging breaches of contract and fiduciary duty; trial in Delaware Chancery Court (settled).
- Royalties/Profit Participations: Handled numerous disputes with artists/talent claiming underpayment of royalties or profit participations; several of these claims involve application of pre-digital era contracts to sales and licenses of content in the digital era.
- Pay Television/VOD: Represented several studios in various disputes arising from alleged breaches of international and US pay television and VOD agreements.
Privacy, Employment and Investigations
- Privacy: Representing ESPN and Disney in putative class actions asserting claims under the Video Privacy Protection Act.
- TV Writers Age Discrimination: Represented major television network in class action pending in Los Angeles state court alleging discrimination against writers over the age of 40.
- Investigations: Led several internal investigations of alleged employee wrongdoing.
Education
-
Harvard Law School (J.D., cum laude, 1983)
-
University of California, Berkeley (A.B., summa cum laude, 1980) Phi Beta Kappa
Clerkships
- Judge David V. Kenyon, U.S. District Court, Central District of California, 1983-1985
Bar Admissions
- California
Antitrust Experience
Some of Glenn’s significant representations include:
- Office of the Attorney General of the State of Washington: Co-lead trial counsel in successfully challenging the proposed $24.6 billion merger of the Albertsons and Kroger supermarket chains.
- Google Play MDL: Lead counsel at trial and in multi-district litigation encompassing private, class and government enforcement actions alleging anticompetitive conduct in connection with the Google Play Store and the Android operating system.
- BNSF Railway Company in an MDL proceeding involving claims of price fixing.
- Steves and Sons v. JELD-WEN: Lead trial counsel for private party successfully challenging a consummated merger; jury awarded $58 million in damages and court-ordered divestiture of acquired manufacturing facility.
- State of New York, et al v. T-Mobile and Sprint: Lead trial counsel for 17 states challenging the proposed merger of T-Mobile and Sprint.
- O’Bannon v. NCAA: Lead trial counsel for the NCAA in antitrust lawsuit challenging the rules of amateurism governing college sports.
- U.S. v. AT&T and T-Mobile: Co-lead trial counsel for the United States Department of Justice in lawsuit seeking to block AT&T/T-Mobile merger.
- Universal Music Group: Lead counsel in antitrust reviews of several major transactions, including conducted by the Federal Trade Commission and the U.S. Department of Justice.
- Brantley: Represented major television programmer in antitrust lawsuit alleging that programmers conspired with cable and satellite providers to offer television channels in bundled tiers rather than “a la carte” and obtained dismissal that was affirmed on appeal.
- Online Music MDL: Represented major record company in class action pending in New York federal court alleging price-fixing of digital downloads.
- Blockbuster: Represented major studio in antitrust action in Texas federal court challenging the revenue-sharing agreements between studio and Blockbuster.
News
Other Experience
Glenn is one of the leading attorneys in the media, entertainment and sports industries, representing clients in cutting-edge matters involving mass infringement of copyrights, the implications of evolving technologies on the distribution of content and sensitive internal investigations.
Copyright
- LimeWire: Lead trial counsel for major record companies in copyright action in New York federal court against the largest peer-to-peer service; obtained injunction shutting down service and a $105 million settlement after two weeks of trial.
- SoundExchange: Represented SoundExchange on behalf of copyright owners in Copyright Royalty Board proceeding to set royalty rates for webcasters.
- CBS v. ABC: Represented ABC in copyright and trade secret action brought by CBS alleging that the reality program “The Glass House” infringed on the copyrights to the reality program “Big Brother” and successfully opposed a TRO seeking to enjoin program.
- RealDVD: Represented six major studios in DMCA action in San Francisco federal court challenging distribution of DVD-copying product that circumvented copy-protection technology; obtained preliminary injunction stopping distribution of product.
- Napster II: Represented major record company in secondary copyright infringement action in San Francisco federal court against investors in Napster; obtained substantial settlement payments.
- Zediva: Represented six major studios in copyright action in Los Angeles federal court against streaming service alleging violation of public performance right; obtained preliminary injunction shutting down service.
- Other Litigation: Represented content owners in various claims arising from online piracy and in claims alleging copying of scripts, treatments, compositions and recordings.
- Counseling: Provide frequent advice to numerous clients on copyright issues arising from evolving technologies and methods of distribution.
Contract
- USA Networks: Represented owner of USA cable networks in dispute with co-owner alleging breaches of contract and fiduciary duty; trial in Delaware Chancery Court (settled).
- Royalties/Profit Participations: Handled numerous disputes with artists/talent claiming underpayment of royalties or profit participations; several of these claims involve application of pre-digital era contracts to sales and licenses of content in the digital era.
- Pay Television/VOD: Represented several studios in various disputes arising from alleged breaches of international and US pay television and VOD agreements.
Privacy, Employment and Investigations
- Privacy: Representing ESPN and Disney in putative class actions asserting claims under the Video Privacy Protection Act.
- TV Writers Age Discrimination: Represented major television network in class action pending in Los Angeles state court alleging discrimination against writers over the age of 40.
- Investigations: Led several internal investigations of alleged employee wrongdoing.
Practice Areas
Industries
Education
-
Harvard Law School (J.D., cum laude, 1983)
-
University of California, Berkeley (A.B., summa cum laude, 1980) Phi Beta Kappa
Clerkships
- Judge David V. Kenyon, U.S. District Court, Central District of California, 1983-1985
Bar Admissions
- California