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Susan L. Gutierrez is an associate in Proskauer’s Litigation Department. She has significant experience in litigating and advising clients in all aspects of the entertainment industry, with an emphasis on music.

Susan works on a variety of matters on behalf of world renowned commercial recording artists, recording and media companies, music labels, and talent agencies. She has prosecuted, defended, and counseled clients on copyright infringement, enforcement of contracts for personal services, artist management, recording and publishing deals, and matters involving rights of privacy and publicity.

In addition, Susan has significant motion and trial experience, successfully litigating intellectual property and unfair competition matters in both state and federal courts. Notable victories that Susan has contributed to include:

  • Ruben v. Creative Artists Agency LLC (CAA): class action dismissed in exchange for our client’s relatively small donation to non-profit organization, while 22 related class actions against other entertainment industry entities (non-clients) settled for more than $74 million.
  • Baylor v. National Basketball Association et al.: dismissal at trial obtained in favor of NBA.
  • Mintz v. Bartelstein & Assocs. Inc.: summary judgment granted as to our client’s affirmative claims for invasion of privacy and violation of Cal. Penal Code § 502 (Computer Fraud and Abuse Act), as well as to counterclaims for violation of the Uniform Trade Secrets Act, breach of contract, conversion, defamation and related tort claims.
  • Mentor Worldwide LLC v. Sientra, Inc. et al.: verdict in favor of our clients following an eight-week jury trial on claims for misappropriation of trade secrets, intentional interference with prospective economic advantage and related tort claims. Verdict also returned in favor of our clients in a bench trial of unfair competition claims.
  • Echeverria v. Johnson & Johnson, et al.: Counsel to Johnson & Johnson (J&J) in a widely publicized product liability trial relating to the company’s talc-based Baby Powder and Shower to Shower products and their alleged link to ovarian cancer. After trial, the Court entered judgment notwithstanding the jury verdict for the J&J defendants, and, in the alternative, granted J&J’s motion for a new trial.

  • Daniels v. Johnson & Johnson, et al.: Counsel to J&J in a similar product liability trial related to J&J’s talc-based products in St. Louis. The jury returned a complete defense verdict on all claims and awarded zero damages.