Robert S. Gutierrez

Of Counsel
Los Angeles

Robert S. Gutierrez is a litigator who defends clients across the entertainment industry in contract, ownership, and royalty disputes; idea submission and right of publicity claims; and in matters involving allegations of copyright infringement, defamation, invasion of privacy, unfair competition, and fraud.

Robert also provides chain of title analysis and clearance review of books, screenplays, documentaries, and films on issues pertaining to defamation, trademark and copyright infringement, and privacy and publicity rights.

Experience 

Representative Matters

  • Obtained early dismissal of a copyright infringement claim against Penguin Random House, in an action alleging infringement of an unpublished border lore manuscript about a historical figure in southern Arizona in the first half of the Twentieth Century.
  • Obtained anti-SLAPP dismissal of defamation and false light claims brought against a comedian by a Law & Order writer in connection with comedian’s statements about the writer’s Facebook posting about Black Lives Matter protestors.
  • Successfully defended social media company against wrongful death and related claims in connection with a murder committed by a user.

Professional Highlights

Professional Activities

California State Bar Association

Los Angeles Copyright Society

Media Law Resource Center

Ballard Spahr Diversity, Equity, and Inclusion Council

Recognition & Accomplishments

"Minority Leaders of Influence,"  Los Angeles Business Journal, 2021

Southern California Super Lawyer, 2014-2019

Speaking Engagements

Panelist, “Libel in Fiction,” Media Law Resource Center 2022 Entertainment & Media Law Conference, April 7, 2022

Lead Facilitator & Panelist, “Hot Issues in Entertainment,” American Bar Association 2021 Forum on Communications Law, February 1-2, 2021

Publications

"California Appellate Court Affirms Summary Judgment Dismissing Implied Contract Claim Against Rounders Motion Picture," MLRC MediaLawLetter, September 2007

"California Appellate Court Rejects Claim For Publication of Old Crime Information," MLRC MediaLawLetter, March 2003

Credentials 

Education

Stanford Law School (J.D. 1989)
Associate Managing Editor, Law Review

Harvard University (B.A. 1984)

Admissions

California

U.S. Court of Appeals for the Ninth Circuit