| Biography:
Bert Deixler is a widely experienced trial lawyer and is head of Proskauer
Rose's Los Angeles office. He has been honored in recognition of his role in
the landmark U.S. Supreme Court civil rights case, Johnson v. California,
which forced the integration of the California prisons, with a California
Lawyer Attorney of the Year (CLAY) Award. Bert has testified in the California Senate on the Constitutional Aspects of prison segregation.
Bert has litigated on behalf of
individuals and entities in all aspects of the entertainment industry, including
motion pictures, television, music and new technologies; employment law, including
wrongful termination and post-termination compensation entitlement disputes;
and a wide variety of commercial disputes. He has tried to verdict cases involving
alleged professional malpractice liability and frequently has been called upon
to advise professionals in disputes pertaining to departures and responsibilities.
Drawing upon his extensive experience as a federal prosecutor of complicated white collar criminal cases, Bert has been involved in an extensive and wide array of criminal, quasi-criminal, regulatory and parallel proceedings litigation including matters pertaining to: stock options backdating, insider trading, tax fraud, securities fraud, wire and mail fraud, wiretapping and environmental crimes, among others. Bert's work has been in industries including aerospace, real estate, tax shelters, entertainment, high tech, financial institutions, securities brokerage, sub-prime lenders and packagers, and oil and gas.
Bert has spent considerable time in connection with legal issues involving the 2nd Amendment. He has been Counsel of Record for Amici in District of Columbia, et. al. v. Lawson, et. al. 06-CV-757 D.C.C.A; District of Columbia, et. al. v. Heller, U.S.S.C.(2008); and United States v. Hayes, U.S.S.C. 07-608. In connection with these matters, Bert has represented: The Children’s Defense Fund, American Academy of Pediatrics, Brady Center to Prevent Gun Violence, International Association of Chiefs of Police, and the Appleseed Center for Law and Justice.
Bert has represented many artists, production and distribution companies in
all branches of the entertainment industry in disputes involving copyright,
trademark, cyber squatting, digital downloading, royalties, "7-year rule"
application, management and agent licensing and compensation, libel, privacy,
and contract breach and interpretation.
Among the clients in various industries Bert has represented recently are:
- 3 Arts Entertainment
- American Honda
- City of Simi Valley
- DIC Entertainment
- Emmis Broadcasting
- Famous Music
- Gaiam Inc.
- Guns N' Roses
- Marilyn Manson
- Media 8
- No Doubt
- Tom Petty
- Axl Rose
- Sanctuary Music Group
- Smashing Pumpkins
- Snoop Dogg
- White Stripes
The following is a list of reported decisions in which Bert was either lead
trial or appellate counsel (or both):
Diamond v. Gillis, 357 F. Supp. 2d 1003 (E.D. Mich. 2005)
Johnson v. California, 543 U.S. 499, 125 S. Ct. 1141 (2005).
Young v. City of Simi Valley, 216 F.3d 807 (2000).
Classic Auto Refinishing Inc. v. Marino, 181 F.3d 1142 (1999).
Sloman v. Tadlock, 21 F.3d 1462 (9th Cir. 1994).
Times Mirror Co. v. United States, 873 F.2d 1210 (9th Cir. 1989).
Cinevision Corp. v. City of Burbank, 745 F.2d 560 (9th Cir. 1984).
Young v.City of Simi Valley, 977 F. Supp. 1017 (C.D. Cal. 1997).
Morrill v. Smashing Pumpkins, 157 F. Supp. 120 (C.D. Cal. 2000).
United States v. Halbert, 640 F.2d 100 (9th Cir. 1981).
United States v. Gardner, 611 F.2d 770 (9th Cir. 1980).
United States v. Vasquez, 597 F.2d 192 (9th Cir. 1979).
United States v. General Dynamics Corp., 644 F. Supp. 1497 (1986).
Litton Intl. Dev. Corp. v. City of Simi Valley, 616 F. Supp. 275 (1985).
Watermark, Inc. v. United Stations, Inc., 219 U.S.P.Q. (1982).
United States v. Seide, 492 F. Supp. 164 (1980).
In re Williams, 7 Cal. 4th 572, 870 P.2d 1072 (1994).
People v. Williams, 44 Cal. 3d 1127, 751 P.2d 901 (1988).
Third Story Music, Inc. v. Waits, 1995 Cal. App. (1995).
Pulskamp v. Martinez, 2 Cal. App. 4th 954 (1992).
Ersa Grae Corp. v. Fluor Corp., 1 Cal. App. 4th 613 (1991).
Lincoln Natl. Bank v. Dworsky, 218 Cal. App. 3d 852 (1990).
All Points Traders, Inc. v. Barrington Assocs., 211 Cal. App. 3d 723
(1989).
Rodie v. Max Factor & Co., 207 Cal. App. 3d 1509 (1989).
Beverly Glen Music, Inc. v. Warner Communs., Inc., 178 Cal. App. 3d
1142 (1986).
O'Connor v. Superior Court of Kern County, 177 Cal. App. 3d 1013 (1986).
Bert graduated from Columbia Law School in 1976 where he was a Harlan Fiske
Stone Scholar. He graduated from George Washington University in 1973 with special
honors and distinction and Phi Beta Kappa.
Bert was an associate and partner of the Manatt, Phelps firm in its Los Angeles
office and left to found his own firm, McCambridge, Deixler & Marmaro, where
he was partner from 1984 until joining Proskauer Rose LLP in April, 2000.
Bert served as an Assistant United States Attorney for the Central District
of California. Among the significant cases he prosecuted were securities fraud
cases against the founder of the Mattel Corporation; bribery cases against senior
executives of Hughes Aircraft; and regulatory violations against Santa Fe Railroad.
Bert has published:
- "Discovery Approaches in Financial Institution Failure Cases: A Defense
Perspective," collected in papers on Prosecuting Savings and Loan/Bank
Fraud Cases, Georgetown University Law Center, 1992; and
- "RICO: Taking the Stress Out of Fraudulent Claims," papers collected
in Manual for California Worker's Compensation Defense Attorneys' Association,
1992.
He is a member of the Editorial Advisory Board for California Causes of
Action (James Publishing).
Bert has spoken widely at professional panels, including the American Film
Institute, The Association of Business Trial Lawyers, California Accountants
Society, National Institute of Trial Advocacy, Georgetown University, and on
numerous American Bar Association panels.
Bert is a member of the State and all Federal Bars in California, the Bar of
the District of Columbia and the United States Supreme Court.
Bert has been actively involved in pro bono legal and civic matters. He has
served as:
- Consultant, Los Angeles Ethics Commission ("Cowan Commission").
- Counsel, Independent Commission on the Los Angeles Police Department ("Christopher
Commission").
- Counsel, Special Advisor to the Board of Police Commissions ("Judge
Webster Study").
- Member, Los Angeles County District Attorney's Task Force on Workers' Compensation
Fraud.
- Deputy General Counsel, Rampart Independent Review Panel ("LAPD Rampart
Investigation").
- Member, Federal Civil Rights Panel, Central District of California
- Member, Board of Directors, Western Justice Center Foundation
- Instructor, National Institute of Trial Advocacy
- Fellow, American Bar Foundation
His community activities include Board Membership of: Western Justice Center
Foundation (Executive Committee); Legal Aid Foundation of Los Angeles; Oakwood
School (Executive Committee); Westside Jewish Community Center (Vice President);
Al Wooten Jr. Heritage Society (Advisory Board); George Washington University
National Council of Arts and Sciences (Member Emeritus, past Chair); and AYSO
(Commissioner).
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