Martin Garbus

Martin Garbus (born 1934) is a prominent attorney, specializing in trial practice. He has represented a long list of celebrities and has litigated in a large number of areas, including First Amendment, intellectual property, anti-trust, and criminal matters. It has been reported recently that he was hired to represent Don Imus in a lawsuit against CBS.

Martin Garbus, a partner in the law firm of Davis & Gilbert LLP, is one of the country’s leading trial lawyers. He aggressively represents his commercial and criminal clients in both the courts and the public media. He has appeared before the United States Supreme Court as well as the highest state and federal courts in the nation, in hundreds of cases.

Business Week, in 2007, called him "legendary" and a "ferocious litigator"; it said that Time Magazine had previously named him "legendary, one of the best trial lawyers in the country." Fortune Magazine called him, in 2007, "one of the nation's premier First Amendment attorneys," "legendary," while Newsweek and the National Law Journal had called him "America's most prominent First Amendment lawyer" with an "extraordinarily diverse practice," "one of the country's top ten litigators." The media has also characterized him as a "pit bull" and a "powerful American lawyer."

His peers and “Super Lawyers” have voted him one of the five best trial lawyers in America. New York Magazine, for the last eleven years, named him both as one of America’s best trial lawyers, and one of America’s best Intellectual Property lawyers. Los Angeles Magazine has done the same.

Mr. Garbus as a trial lawyer has earned his distinguished reputation as a result of his courtroom skills. He is an expert at every aspect of litigation and trial, from jury selection to cross-examination to summation. His cases have established new legal precedents in the Supreme Court and courts throughout the country.

Mr. Garbus, who taught trial practice at the Yale Law School and Constitutional law at Columbia, as well as in Beijing, China and Prague, Czech Republic is the author of six books and numerous articles, that have appeared both in the New York Times, the Washington Post, the Los Angeles Times and in legal publications. He has given hundreds of talks on various aspects of law before Bar Associations, corporations, law schools and CBS, NBC, ABC, CNN and other television and radio networks. His devotion to ethics, justice, free speech and the law has garnered respect among the legal community, commercial and corporate sectors, and beyond, earning him numerous honors, designations in Who’s Who in America, Who’s Who in Best Lawyers in America as well as awards from his law school and college and praise from his numerous high-profile clients.

THE UNITED STATES SUPREME COURT

Notable cases Garbus has participated in include:

• In a 5-4 decision reached by the United States Supreme Court, Mr. Garbus filed what is arguably the most important due process case of the 20th century, Goldberg v. Kelly(397 U.S. 254).
• Arguing in the United States Supreme Court after a trial in Alabama, Mr. Garbus won in King v. Smith

(392 U.S. 309), a unanimous 9-0 decision striking down laws in 14 states on the grounds they violated the Constitution. These laws had disenfranchised one million people

• Served as co-counsel in Jacobellis v. Ohio (378 U.S. 184), where the Supreme Court held unconstitutional an Ohio statute seeking to regulate motion pictures and, for the first time, defined the term “national community standards.”
• Served as co-counsel in Ashton v. Kentucky (384 U.S. 195), a Supreme Court decision that struck down all criminal libel laws in the United States
• Universal v. Reimerdes
• criminal defense of Lenny Bruce

LIBEL, DEFAMATION AND OTHER FIRST AMENDMENT CASES

Successfully represented famed comedian Lenny Bruce and his freedom of speech against criminal charges Successfully represented best-selling writer Robert Sam Anson in a lawsuit claiming Walt Disney tried to stop publication of a book critical of the company in a free speech case Successfully represented, in a Federal court and then before the Second Circuit Court of Appeals sitting in New York, Penguin Books against attempts by Lawrence Walsh, Special Counsel to Iran-Contra, to stop the publication of Jeffrey Toobin’s book on Iran-Contra In a Chicago state court, and then in the Supreme Court of Illinois, successfully stopped the unauthorized publication of a book of short stories of author John Cheever In a Los Angeles, California federal court, and then in the Ninth Circuit Court of Appeals in San Francisco, successfully represented actor/director Spike Lee in an injunction suit filed to prevent the release of “Malcolm X” Successfully defended the author Terry McMillan in a New York State court against libel allegations, on First Amendment grounds Representing Penguin, successfully set new precedent on behalf of all authors in establishing that libel did not lie in the fiction area Successfully defended Scholastic Books, the publisher of the “Harry Potter” series, against claims that some others than Rowling wrote the best-selling books Successfully defended Time Warner, Random House, Penguin, Putnam and Bantam Books on numerous libel claims in New York, Arkansas, Ohio, Wyoming and California In South Dakota, North Dakota and Nebraska, and before the Eighth Circuit Court of Appeals in Minnesota, successfully defended Peter Matthiessen and Penguin Books in federal suits filed by William Janklow, South Dakota Governor and Senator, and the FBI over allegations that the FBI wrongfully coerced testimony through physical abuse and that Janklow had raped an Indian woman.

GOVERNMENT ACTIONS

During his legal career, Mr. Garbus has represented and advocated on behalf of political dissidents such as Nelson Mandela, Vaclav Havel, and Daniel Ellsberg. On behalf of Andrei Sakharov and other Russian dissidents, he smuggled a list of political prisoners describing their awful jail conditions, out of the Soviet Union, personally delivering it in January 1980, two weeks before the inauguration, to then-President Jimmy Carter, who acknowledged this document as the beginning and cornerstone of his new American human rights policy. He has also been an international observer in trials and elections in South Africa, Czechoslovakia, Rwanda, Russia, Venezuela and Nicaragua.

INTELLECTUAL PROPERTY, COPYRIGHT

Won a copyright suit against the Coors Brewing Company on behalf of Public Enemy No. 1, a hip-hop and rap group, for wrongful sampling the group’s music in beer advertisements. Represented Miramax Co when the Motion Picture Association of America (MPAA) tried to rate several of its films “R,” and on behalf of Miramax, brought a lawsuit to declare unconstitutional the MPAA’s film ratings system. Won a federal jury verdict representing the Isley Brothers against Motown Records involving accounting fraud and copyright infringement and had it upheld by the Second Circuit Court of Appeals. Successfully defended a trustee of the Martha Graham Center of Contemporary Dance in a copyright infringement case involving choreographed material Won a trial in Mississippi Federal Court on behalf of Britain’s Channel 4 and the Public Broadcasting System involving breach of contract claims and the unauthorized use of photographs in a PBS-Channel 13 film on art in America and had the decision upheld by the Fifth Circuit Court of Appeals in Louisiana. Represented the Public Broadcasting System in copyright and criminal suits in the United States Represented renowned artist Agnes Martin in lawsuits regarding ownership of her paintings and in her estate

CELEBRITIES AND MEDIA CLIENTS

Mr. Garbus’ diverse practice as an entertainment lawyer consists of individuals and companies involved in media, entertainment and the arts. He has handled entertainment law cases involving free speech, intellectual property, and commercial law issues. His clients include:

Authors David Halberstam, Philip Roth, Tom Brokaw, Amy Tan, Terry McMillan, Peter Matthiessen, Nancy Reagan, and Alger Hiss.

Actors, Playwrights, Directors, & Producers Al Pacino, Lauren Bacall, Martin Lawrence, Sean Connery, Michael Caine, Richard Gere, Robert Redford, Penny Marshall, Spike Lee, Michael Moore, Garry Marshall, Sidney Lumet, Samuel Beckett, Peter Stone.

Publishers

Penguin-Putnam Books, Farrar, Straus & Giroux, Random House, Alfred A. Knopf, Pantheon, Ballantine Books, Grove Press and Scholastic Books.

Artists, Photographers & Galleries Agnes Martin, Tom Wesselman, Sally Mann, Bert Stern, Richard Avedon, Robert Frank and The Pace Gallery.

Motion Picture Studios, Media & Corporate Entities Martin Garbus has done corporate litigation for Twentieth Century Fox, Warner Brothers, Miramax, LucasFilms, Paramount, Michael Bloomberg and Bloomberg, L.P.

Among the many litigations involving high-profile individuals that Mr. Garbus has handled:

Michael Bloomberg, the Mayor of the City of New York's private company against Rupert Murdoch and Fox Successful defense of actor Richard Gere against criminal assault charges Successful defense of Donald Trump against libel charges Successfully represented Richard Avedon, renowned photographer, against invasion of privacy claims Successfully represented Robert Redford in a false advertising suit against the Lorillard Tobacco Company. Successfully represented LucasFilms in the corporate litigation of its book negotiations for “Star Wars.”

CLASS ACTION SUITS

Successfully represented plaintiffs and defendants in class action suits in New York. Presently represents American Airlines employees in a one billion dollar class action suit against the airline. In a four-month long class action securities fraud suit, Mr. Garbus represented plaintiffs against one of America’s largest corporations.

ANTITRUST

Successfully represented independent movie houses in their suit against several motion picture studios over preferential treatment given to movie chains Successfully represented book publishers charged with antitrust violations, including price fixing and monopoly.

THE INTERNET

In 1998, Mr. Garbus began representing individuals and companies in Internet litigation. Pioneering the legal future of the digital age, he represented the Electronic Frontier Foundation and the [[Open Source Movement in the first copyright case to be tried under the new Digital Millennium Copyright Act. That landmark case, involving the motion picture industry and the MPAA, became the battleground where First Amendment and copyright / intellectual property values clashed, permanently affecting the art, movie, music and DVD industry, including the rights of MP3 and iPod owners. It helped lead to changes in the way music and movies are sold. In other Internet law cases, he successfully represented Internet defendants, including AOL, in copyright, libel and criminal suits.

ESTATE MATTERS AND PROTECTION OF PERSONAL WEALTH

Mr. Garbus’ passion for protecting his clients, and their hard-earned assets, is widely known.

He has tried numerous complex estate cases in New York and been appointed to serve as lawyer and/or executor and/or trustee of numerous estates, including those of Marilyn Monroe, Igor Stravinsky, John Cheever and Margaret Mitchell Successfully represented the Stravinsky estate in a preceding-setting suit interpreting the late author’s will and the disposition of hundreds of millions of dollars of royalties Represented the Mitchell Estate in a case involving a parody of the novel, “Gone With the Wind” Successfully represented Grove Press and Pia Pera, author of “Lo’s Diary,” in a suit brought by the Estate of Vladimir Nabokov to block publication of her novel Successfully represented, in a Los Angeles federal court, well-known Hollywood personalities defrauded of hundreds of millions of dollars by business managers and agents Represented in New York and New Mexico two substantial estates involving control and value over significant works of art Represented art donors in valuation proceedings before the IRS and in tax court Represented Lloyds of London in the Supreme Court, New York County, on breach of contract claims by Russian oligarchs, and in California and Texas on breach of contract claims

CRIMINAL DEFENSE

Defended criminal cases across the country. In Nebraska and South Dakota, he successfully represented Wounded Knee murder defendants, a leading scientist against a claim by one of America’s largest corporations that he stole secret computer codes, white-collar defendants, defendants in military court martial cases against various charges, as well as 14 cases of murder in New York.

ENVIRONMENTAL AND PUBLIC LAW

Successfully represented environmental groups challenging the Lower Manhattan Expressway in New York Represented citizens’ groups challenging excessive fees paid to New York State legislators and lobbyists Successfully represented university faculties and students in New York, Oregon and Florida on academic freedom and free speech issues, as well as age and sex discrimination suits

ADDITIONAL AREAS OF LAW

Successfully represented well-known defendants and plaintiffs in matrimonial and custody suits at trial before the highest court in the State of New York, the Court of Appeals. Successfully represented NBA players seeking arbitration of their contracts

CIVIL RIGHTS, FREE SPEECH, AND OTHER FIRST AMENDMENT ISSUES

Defended Cesar Chavez and other members of the United Farm Workers Union] on criminal charges in Delano, California, Florida and Texas Defended employees of Mobilization for Youth brought before the New York State Senate HUAC committee Defended civil rights workers, lawyers and voters in Mississippi, Alabama, Georgia, Arkansas on criminal charges Co-directed “Operation Southern Justice” to integrate criminal and civil juries in the South Defended opponents of the Vietnam and Iraq wars and supporters of the Civil Rights movement throughout the country

LAWYERS AND ORGANIZATIONS

Garbus has participated with the following lawyers in cases, projects and controversies: [[Robert Bork, Kenneth Starr, David Boies, Floyd Abrams, Victor Kovner, Michael Ratner, Kathleen Sullivan, Victor Navasky, David Cole, Herbert Wachtell, Martin Lipton, Charles Fried, Gerald Lefcourt, Leonard Weinglass, Shearman and Sterling, Michael Cardozo, Jonattan Zittrain , Daniel Petrocelli, Michael Hess and Barry Sheck, and with the following organizations: ACLU, NYCLU, New York Times, Daily News, Assocoation of American Publishers, Motion Picture Association, Center for Constitional Rights, Electronic Frontier Foundation, Berkman Center.

ON THE PRESENT DOCKET OF MARTIN GARBUS

Notable among the many cases Mr. Garbus is currently handling are the following:

Represents Terry McMillan in a First Amendment case with accusations against a lawyer. Represents a New York Times journalist sued by Jane Pauley. Martin Garbus represents Don Imus in a dispute with CBS. Presently representing a San Francisco journalist who refuses to turn confidential material and outtakes to a federal Grand Jury in San Francisco. A brief to the United States Supreme Court is being prepared. Mr. Garbus is currently preparing to appear before a jury in Federal Court in New York in connection with a copyright infringement suit seeking in excess of $100,000,000 against rap star Eminem and Universal, his record label. His client, a renowned French composer, alleges his music was copied without authorization and used in the song Kill You, the first track on The Marshall Mathers LP. That album, Eminem’s second, enjoyed sales of over 16,000,000 CDs, making it number one in CD sales the year it was released. Mr. Garbus will try a jury case in New York State Court involving property damage to a $20,000,000 painting by one of America’s greatest 20th century artists. Representing discharged employees in a class action employment discrimination suit challenging President Bush’s “faith-based” initiative. The case is expected to go to trial in Federal Court before the end of 2008. Representing flight attendants in a labor dispute against their union and American Airlines. This case, where the recovery may be over $1 billion, is also expected to go to trial in Federal Court before the end of 2007. Mr. Garbus is representing an individual who appeared before a grand jury in San Francisco investigating Barry Bonds and the use of steroids in organized sports.

He has testified before the United States Congress and the New York and California legislative branches many times on many issues as well as before numerous federal and state agencies.

He has lectured in the United States, England, China, South Africa and Czechoslovakia on legal matters before governmental bodies, private groups and law schools, and has litigated commercial matters, as co-counsel, in numerous foreign countries including France, Germany and England. He has been a consultant to many governments, including Russia, China, Czechoslovakia and Rwanda in their creation of new constitutions and laws.

During his legal career, Mr. Garbus has represented and advocated on behalf of political dissidents such as Nelson Mandela, Vaclav Havel, Daniel Ellsberg and Andrei Sakharov. His diverse practice consists of individuals and companies involved in media, entertainment and the arts. This clientele includes:

Authors David Halberstam; Philip Roth; Tom Brokaw; Amy Tan; Terry McMillan]]; Peter Matthiessen; Ronald Reagan, Nancy Reagan and their foundations; and Alger Hiss. Actors, Playwrights, Directors, & Producers Al Pacino, Lauren Bacall, Martin Lawrence, Sean Connery, Michael Caine, Richard Gere, Robert Redford, Penny Marshall, Spike Lee, Michael Moore, Garry Marshall, Sidney Lumet, Samuel Beckett, Peter Stone. Publishers Penguin-Putnam Books, Farrar, Straus & Giroux, Random House, Alfred A. Knopf, Pantheon, Ballantine Books, Grove Press and Scholastic Books. Artists, Photographers & Galleries Agnes Martin, Tom Wesselman, Sally Mann, Bert Stern, Richard Avedon, Robert Frank and The Pace Gallery. Motion Picture Studios, Media & Corporate Entities Twentieth Century Fox, Warner Brothers, Miramax, LucasFilms, Paramount, Michael Bloomberg and Bloomberg, L.P.

Mr. Garbus has been the recipient of numerous honors. Among them are:

Fullbright Scholarship 2006-2011 The Lifetime Achievement Award from New York University Law School in 2004

The First Amendment Defense Committee's Lifetime Achievement Award in 2003

Election to the Hunter College Hall of Fame in 1996

The Alumni Achievement Awards NYU Law School and Hunter College

Mr. Garbus serves on several boards, including the American Advisory Board of the London Academy of Music and Dramatic Arts and The Creative Coalition. He has been a member of Bar Association Committees dealing with Civil and Criminal Law, Trademark, Intellectual Property, Estates, and the Media Marquis Who's Who in America (2006 & prior years) Marquis Who's Who in American Law (2006 & prior years) New York Magazine - Best Lawyers in New York (2006 & prior years) Super Lawyers, Multimedia Inc, (2006)

PROFESSIONAL ACTIVITIES AND AFFILIATION

Member, Communications and Media Law Committee. Criminal Law Committee, Copyright Law Committee. The Association of the Bar of the City of New York.

EDUCATION

NYU Alumni Achievement Award, 2004 Hunter College Hall of Fame, 1990 Hunter Alumni Achievement Award, 1990 New York University School of Law, J.D., 1959 Hunter College, B.A. 1955 Studied Economics at a Master's Degree program at Columbia University, Tax Law at New York University School of Law, and English Literature at the New School's Graduate Program

Public Speaking

Mr. Garbus has participated in lectures and debates before the American Bar Association, the Bar Associations of New York, Washington and Los Angeles, federal and state judges, law schools such as Harvard, Yale, Columbia and Stanford and the Practising Law Institute. In addition to the books mentioned below, he is a frequent contributor to major newspapers, national magazines and scholarly journals, including the New York Times , Washington Post , Los Angeles Times , Slate and The American Prospect . Mr. Garbus has appeared on "60 Minutes," "Dateline," "Good Morning America", and the Charlie Rose Show, and served as a commentator for NBC, ABC, CBS, PBS, CNN, Fox NewsChannel, Court TV, Time and Newsweek on issues ranging from politics, entertainment, the arts, to law. Furthermore, as the country witnessed the egregious conduct of the Federal Government's legal investigation of the Clinton Presidency, Mr. Garbus debated former Independent Prosecutor Kenneth Starr at venues across the country.

The international community has recognized the importance of Mr. Garbus' work. The governments of the former Soviet Union, Czechoslovakia, Poland, China, Canada and Hungary have selected him to serve as a consultant on constitutional, media and communications law. Recently, the government of China called on Mr. Garbus to help address the problems posed by digital piracy that have come to plague the world. While China's innovative legal developments were significant , Mr. Garbus realized the necessity of implementation of China's existing laws. He traveled throughout China, speaking to prosecutors and judges on how to enforce effectively enforce those laws. To further fulfill this assignment, he assumed a teaching role at Tsinghua University in Beijing where he instructed graduate law students, master of law candidates as well as the judges of the Chinese Intellectual Property Court on the enforceability of the country's new intellectual property, copyright, patent and trademark laws. In 2004, he was appointed advisor to the Chinese team responsible for the creation of effective intellectual property laws.

Other places where Mr. Garbus has taught or lectured at include: State University of New York, Renmin University Beijing and Beda University Beijing and other academic institutions in China.

References

• martingarbus.com
• biography at Davis & Gilbert
• biography at NNDB