10100 Santa Monica Boulevard
Los Angeles, CA
Sunny Brenner represents institutional and individual clients in a wide range of commercial litigation, arbitration and other adversarial proceedings. He also provides legal counseling to clients on various topics related to litigation and non-litigation matters. Mr. Brenner’s areas of emphasis include complex contractual disputes, intellectual property and related licensing matters, defamation, antitrust, white collar crime, false advertising, unfair competition, partnership disputes, fraud and other business torts.
As a litigator, trial lawyer and appellate advocate, Mr. Brenner’s experience spans more than two decades as a commercial litigator and former Assistant United States Attorney. His practice includes trial and appellate litigation in federal and state courts, arbitrations and mediation proceedings. He has extensive experience in both civil and criminal matters, and has conducted numerous jury trials, court trials and arbitration proceedings. In his appellate practice, Mr. Brenner has successfully argued and litigated numerous appeals in both federal and state appellate courts. Additionally, Mr. Brenner represents and counsels clients in connection with criminal and civil investigations, criminal proceedings, civil actions involving governmental agencies, and corporate investigations into potential wrongdoing.
In his role as counselor, Mr. Brenner advises, strategizes with, and negotiates on behalf of clients, including those not involved in litigation. He assists them in myriad aspects of their businesses, including responding to pre-litigation claims and resolving disputes, helping them plan to avoid potential pitfalls, assisting in preparing and negotiating their contracts, and providing strategic guidance in the structuring of their professional relationships. Mr. Brenner also analyzes copyright, trademark, contractual, antitrust, defamation, privacy, unfair competition and other issues on behalf of clients (including clients involved in the due diligence phase of transactions), and provides analysis and guidance regarding literary and audiovisual works (including prior to publication and dissemination).
While he routinely represents and advises clients in a wide range of industries, Mr. Brenner’s extensive experience in assisting clients involved in the entertainment, advertising, media and sports fields has given him a wealth of industry-specific knowledge that is frequently invaluable in assisting his clients.
Mr. Brenner has widespread community, professional and pro bono involvements. He has spoken on an assortment of legal topics to various professional groups, private corporations and student groups (including law school students at U.C. Berkeley and U.C.L.A.). From 2007 to 2009, he served as President of the Board of Trustees of Valley Beth Shalom Day School in Encino, California. He has served on the boards of several nonprofit and community organizations, including Camp Ramah in California and Valley Beth Shalom. He frequently donates his time on a pro bono basis to the Anti-Defamation League, and has served on the ADL’s legal advisory committee. Mr. Brenner has represented and counseled clients on a pro bono basis in church-state and other First Amendment matters, and he is a member of the Lawyers Network of Americans United for Separation of Church and State.
Prior Work Experience
Prior to joining Loeb & Loeb, Mr. Brenner served as an Assistant U.S. Attorney in the Criminal Division of the Office of the U.S. Attorney in the Central District of California.
Successfully represented motion picture studios as plaintiffs and defendants in numerous contractual disputes, including federal action against national restaurant chain concerning deal memo addressed to potential advertising and promotional alliance relating to feature film; case settled following successful appeal to Ninth Circuit. (New Line Productions, Inc. v. Little Caesar Enterprises, Inc.)
Represented various clients in connection with copyright, idea theft and format misappropriation claims relating to entertainment properties e.g., represented network and affiliates in copyright and idea theft case concerning TV series (case settled). (Tafoya, et al. v. SÃ TV, Inc., et al.)
Successfully represented clients in various disputes relating to film development, production, postproduction and financing "“ e.g., defeated multimillion-dollar copyright and contract claims, and secured large damage award and judgment based on counterclaims, on behalf of production company and studio after lengthy arbitration hearing and ensuing court action against visual effects company related to the creation of state-of-the-art special effects for groundbreaking feature film. (Dynacs Engineering Co. v. Juno Pix, et al.)
Represented film distributor in successful defense of unfair trade practices lawsuit brought by exhibitor based on distributors' theatrical clearance practices in metropolitan area. (Broadway Theatres Corp. v. Buena Vista Pictures Distribution, et al.)
Secured dismissal of federal and state lawsuits brought by production company, investors and alleged copyright owners based on claimed loss by film laboratory of original film negatives. (Movie Tech, Inc. v. Consolidated Film Industries, LLC; Firebird Productions Ltd. Partnership v. CFI; Gainsborough Corp. v. CFI.)
Secured dismissal of claims asserted against financial institution by producers of television series who alleged superior rights in the show. (Goodman-Rosen Productions v. The Toronto-Dominion Bank, et al.)
Obtained dismissal of all claims against screenwriter and producer brought by party who asserted right to be attached as producer to major motion picture. (Perlman v. Emmerich, et al.)
Represented film studio in successfully opposing attempt by cable network to enjoin a film's exhibition by client's pay television provider; case thereafter settled. (Starz Encore Group v. Miramax Film Corp., et al.)
- Author, The Way to San Jose: Not Through Federal Court, Sports Litigation Alert (October 18, 2013)
- Author, Moving Day: Oakley’s Lawsuit Against McIlroy Highlights Challenges of Rights of First Refusal, Sports Litigation Alert (January 25, 2013)
- Author, Economic Case Could Provide Clues on Roles of Stare Decisis, Los Angeles Daily Journal (2005)
- Author, Finding Good Faith and Fair Dealing in Entertainment and Sports Relationships, Entertainment Law & Finance (September 2005)
- Guest Lecturer, Entertainment Law, Boalt Hall School of Law, University of California, Berkeley (2004-2005)
- Author, Dealing With the Implications of Pay-of-Play Agreements for Talent, Entertainment Law & Finance (2003)
- Panelist, Alternative Dispute Resolution in the Entertainment Industry, University of California, Los Angeles (2003)
Member, Board of Editors, Entertainment Law & Finance
Member, Antitrust, Litigation and Intellectual Property Sections, California State Bar
Member, American Bar Association
Named in The Legal 500 US in Intellectual Property: Copyright, published by Legalease Limited and John Pritchard (2007 edition)
U.S. Department of Justice Special Achievement Award
- Named "Southern California Super Lawyer" in Business Litigation, Entertainment & Sports and Intellectual Property Litigation by Law & Politics in Los Angeles magazine (2006-2008)
Harvard Law School, J.D., cum laude
Editor, Harvard Law Review
University of California at Berkeley, B.A., Phi Beta Kappa
U.S. District Court for the Eastern District of Wisconsin, 1996
U.S. District Court for the Central District of California, 1989
U.S. District Court for the Southern District of California, 1989
U.S. Court of Appeals, Ninth Circuit, 1988
U.S. Court of Appeals, Ninth Circuit