| Biography:
Lary Alan Rappaport is a partner in the Litigation and Dispute Resolution Department
and is resident in the Los Angeles office of Proskauer Rose.
He is a veteran trial lawyer who handles a wide variety of commercial, entertainment,
intellectual property and sports disputes, and represents lawyers and law firms
in litigation, employment disputes and ethical matters.
Lary has extensive experience litigating claims brought under California's
Unfair Competition Law, Business and Professions Code §§ 17200, et
seq. He has successfully litigated to judgment in federal and state court claims
for violation of the Unfair Competition Law based upon trademark infringement
and fraudulent claims for insurance benefits. Lary also has defended insurers,
retailers, medical device manufacturers and other businesses against claims
that they violated the Unfair Competition Law through purported false and misleading
advertising and non-compliance with consumer protection statutes. In the appellate
courts, Lary was one of the lead counsel in O'Conner v. Superior Court of
Kern County, 177 Cal. App. 3d 1013 (1986), which held that the Unfair Competition
Law does not apply to political campaigns, and co-authored the briefs in Charles
J. Vacanti, M.D., Inc. v. State Comp. Ins. Fund, 24 Cal. 4th 800 (2000),
and the companion case that was resolved prior to the Supreme Court decision.
In the entertainment and intellectual property fields, Lary represents motion
picture and recording companies and artists in disputes involving contracts,
employment, royalties, copyright, trademark, the Lanham Act, management and
licensing. Lary recently obtained a $2 million federal court judgment for trademark
infringement based upon the sale and distribution of counterfeit goods. He was
co-counsel in Beverly Glen Music, Inc. v. Warner Communications, Inc.,
178 Cal. App. 3d 1142 (1986), which held that a record company could not be
enjoined from contracting with an artist who could not herself be enjoined from
performing.
Lary's sports law practice has included representing the National Hockey League,
Major League Soccer and the ATP Tour in antitrust litigation, representing Major
League Baseball in civil rights litigation, representing a member club of the
National Football League and the former United States Football League in a variety
of disputes, representing a major university in the investigation of its athletic
program by the NCAA and, in Zimmerman v. United States Football League,
637 F. Supp. 46 (D.Minn. 1986), defeating an action for injunctive relief by
a player seeking to contract with a rival football league.
A member of Proskauer Rose's Law Firm Advisory Practice Group, Lary represents
law firms and attorneys in legal malpractice lawsuits, malicious prosecution
claims, employment matters, law firm dissolutions and fee disputes, as well
as in investigations and disciplinary proceedings before the State Bar of California.
In Solin v. O'Melveny & Myers LLP, 89 Cal. App. 4th 451 (2001), Lary
obtained the dismissal of a legal malpractice lawsuit by an attorney against
a law firm with whom the attorney had consulted. The Solin decision established
that an attorney may not pursue litigation which would result in the disclosure
of his or her own client's confidential and privileged communications.
Lary also represents banks, brokerage firms and other financial institutions
in commercial and employment disputes.
Lary graduated from the University of California, Davis School of Law in 1979,
where he was elected to the Order of the Coif. He graduated magna cum laude from
the University of California, Los Angeles in 1976. Lary is a member of the State Bar
of California and is admitted to practice before the United States Supreme Court, the
Ninth Circuit Court of Appeal and all federal courts in California.
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