Bert Deixler is a widely experienced trial lawyer. 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 the California Lawyer Attorneys 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 a 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 represents clients in various industries, including sports, real estate, automotive, professional services, entertainment, high tech, financial institutions and securities brokerage.
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.
While serving as an Assistant United States Attorney for the Central District of California, Bert prosecuted several significant cases, including the 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 addressed many professional panels, including the American Film Institute, The Association of Business Trial Lawyers, California Accountants Society, National Institute of Trial Advocacy, Georgetown University, and appeared on numerous American Bar Association panels. He is a member of the Editorial Advisory Board for California Causes of Action (James Publishing).
Bert has been actively involved in pro bono legal and civic matters. Recently, he worked with the Judges of the Central District of California and representatives of Public Counsel, the nation's largest pro bono public interest law firm, to create and obtain funding for the Pro Se Clinic of the Central District of California. Through the services of a Proskauer Rose Civil Justice Fellow, the pro se clinic provides access to justice to individuals representing themselves in federal court litigation.
Bert has served as a consultant for the Los Angeles Ethics Commission (“Cowan Commission”), counsel for the Independent Commission on the Los Angeles Police Department (“Christopher Commission”), special advisor to the Board of Police Commissions (“Judge Webster Study”), member of the Los Angeles County District Attorney's Task Force on Workers' Compensation Fraud, Deputy General Counsel to the Rampart Independent Review Panel (“LAPD Rampart Investigation”), member of the Federal Civil Rights Panel, Central District of California, member of the Board of Directors of the Western Justice Center Foundation, and an instructor at the National Institute of Trial Advocacy. His community activities include Board Membership of the 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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The following is a list of reported decisions in which Bert was either lead trial or appellate counsel (or both):
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No Doubt v. Activision Publishing, Inc., 2010 Westlaw 1387988 (C.D. Cal Jan. 14, 2010)
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Diamond v. Gillis, 357 F. Supp. 2d 1003 (E.D. Mich. 2005)
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Johnson v. California, 543 U.S. 499, 125 S. Ct. 1141 (2005)
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Young v. City of Simi Valley, 216 F.3d 807 (2000)
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Classic Auto Refinishing Inc. v. Marino, 181 F.3d 1142 (1999)
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Sloman v. Tadlock, 21 F.3d 1462 (9th Cir. 1994)
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Times Mirror Co. v. United States, 873 F.2d 1210 (9th Cir. 1989)
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Cinevision Corp. v. City of Burbank, 745 F.2d 560 (9th Cir. 1984)
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Young v.City of Simi Valley, 977 F. Supp. 1017 (C.D. Cal. 1997)
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Morrill v. Smashing Pumpkins, 157 F. Supp. 120 (C.D. Cal. 2000)
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United States v. Halbert, 640 F.2d 100 (9th Cir. 1981)
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United States v. Gardner, 611 F.2d 770 (9th Cir. 1980)
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United States v. Vasquez, 597 F.2d 192 (9th Cir. 1979)
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United States v. General Dynamics Corp., 644 F. Supp. 1497 (1986)
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Litton Intl. Dev. Corp. v. City of Simi Valley, 616 F. Supp. 275 (1985)
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Watermark, Inc. v. United Stations, Inc., 219 U.S.P.Q. (1982)
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United States v. Seide, 492 F. Supp. 164 (1980)
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In re Williams, 7 Cal. 4th 572, 870 P.2d 1072 (1994)
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People v. Williams, 44 Cal. 3d 1127, 751 P.2d 901 (1988)
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Third Story Music, Inc. v. Waits, 1995 Cal. App. (1995)
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Pulskamp v. Martinez, 2 Cal. App. 4th 954 (1992)
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Ersa Grae Corp. v. Fluor Corp., 1 Cal. App. 4th 613 (1991)
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Lincoln Natl. Bank v. Dworsky, 218 Cal. App. 3d 852 (1990)
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All Points Traders, Inc. v. Barrington Assocs., 211 Cal. App. 3d 723 (1989)
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Rodie v. Max Factor & Co., 207 Cal. App. 3d 1509 (1989)
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Beverly Glen Music, Inc. v. Warner Communs., Inc., 178 Cal. App. 3d 1142 (1986)
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O'Connor v. Superior Court of Kern County, 177 Cal. App. 3d 1013 (1986)
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