ADVISORY/O'Melveny & Myers LLP Legal Source Available for Napster Case Commentary.

News & Assignment Editors/Entertainment and Legal Writers

ADVISORY...for Friday (March 2)

--(BUSINESS WIRE)

    Entertainment and Intellectual Property Expert Robert Schwartz
      Co-Founded O'Melveny & Myers' Internet Law Practice Group

   Source:      O'Melveny & Myers' Los Angeles-based litigation
                partner Robert Schwartz is an expert on all aspects of
                entertainment and intellectual property areas.
                Schwartz has been lead counsel on copyright, motion
                picture and television studio litigation in his
                16-year entertainment law career.

                Schwartz can address the ramifications of the Napster
                decision for both consumers and the music industry
                alike.

   An overview of
   Schwartz's
   experience:

            --  In addition to record labels, Schwartz has represented
                motion picture and television studios, television
                networks, production companies and distributors

            --  Schwartz' practice has touched on all facets of the
                industry, including "rights" issues, including
                copyright, trademark and name-and-likeness matters and
                issues arising from the development of the Internet
                and e-commerce

            --  Schwartz is co-chair, Entertainment Law Section,
                Beverly Hills Bar Association

   Robert M. Schwartz

   Schwartz has worked on some of the firm's largest and most complex
litigation matters. The focus of his practice over the last 16 years,
however, has been the entertainment and intellectual property areas.
He has been lead counsel in copyright, motion picture and television
studios. In 1996, he co-founded the firm's Internet Law Practice
Group. Since then, his practice in that area has grown dramatically.
   He represented Paramount Pictures in a nationally-covered dispute
over the motion picture "Coming To America." In 1991-92, he
represented Warner Bros. in working with the FBI and in civil suits to
recover a huge volume of vintage animation cels that had been stolen
from the studio and sold to galleries and collectors around the
country.
   In 1993 and 1994, he defended Warner Bros. through judge and jury
trials against claims brought by the executive producers of "Batman"
and "Batman Returns" regarding their work on the films and their
credit and compensation claims.
   In 1995, he obtained a summary judgment against Sondra Locke in a
case alleging that Warner Bros. had allegedly breached her contract
and defrauded her out of a palimony claim that she had filed against
Clint Eastwood.
   In 1996, he successfully tried a copyright and trademark suit
concerning architectural elements photographed in the "Batman Forever"
film and used on the film's merchandise. He successfully defended that
judgment before the Ninth Circuit.
   From 1995 to early 1999, he worked on and eventually supervised a
class action antitrust suit brought against all of the major motion
picture studios concerning "net profits" contracts with writers,
actors, directors, and producers of motion pictures (Garrison v.
Warner Bros., et al.).
   In 1998, he represented Warner Bros. in a copyright and trademark
suit brought by the artist Frederick Hart and the National Cathedral
Foundation in Washington DC over sculptural set decoration in the Al
Pacino/Keanu Reeves motion picture "Devil's Advocate." Turner
Entertainment hired him to handle two substantial matters concerning
the distribution rights to Turner's films, including "Gone With The
Wind."
   In 1999, following extensive motion practice, a partial
settlement, and a bench trial, he successfully concluded a five-year
representation of Sony Pictures in a multi-party dispute over the
motion picture production and distribution rights to the "Spider-Man"
comic book characters.
   He has represented television networks and production companies in
a host of disputes with performers and writers, often involving
"walk-outs" and invocation of the "seven year rule" under California
Labor Code section 2855.
   He is currently representing some of the major studios in the
Federal Trade Commission and United States Senate inquiries into the
marketing of films with "violent content" to minors, and is also
defending the major studios in an unfair competition claim, brought on
behalf of all California residents, asserting that marketing R-rated
films to anyone under 17 violates California law.
   He is also currently defending Time Warner and director Oliver
Stone in a wrongful death suit in Louisiana arising from an alleged
"copycat crime" supposedly inspired by the movie Natural Born Killers.
   He is also currently representing the major studios in a copyright
and trademark infringement action against a Web site, RecordTV.com,
which allows users to copy and perform over the Internet, without
permission or payment, the plaintiffs' copyrighted television programs
and motion pictures.
    In other IP matters, Schwartz successfully defended a trademark
infringement suit brought by Intel against Advanced Micro Devices
(AMD) over the purported mark "MMX" for use on PC microprocessors. He
defended Nissan Motor Corp. in a trademark and copyright infringement
suit brought by Mattel arising from a Nissan commercial that includes
unique toy characters.
   Schwartz has worked on numerous matters outside the entertainment
and intellectual property areas. For example, in 1994 he won an
appellate reversal of a $150 million trial court decision that one of
the Bank of America's checking account processing fees was
unconscionably high.
   In 1988 and 1989, he was one of several O'Melveny attorneys
representing the Public Service Company of New Mexico in proceedings
to recover a $1.2 billion investment in the Palo Verde Nuclear
Generating Station. He recently participated in the defense of Humana
in two nationwide class action suits stemming from Humana's billing
practices.

   Education:   University of Southern California Law School, J.D.
                1984
                University of California, Los Angeles, B.S. 1981

   Professional
   and
   Community
   Activities:

            --  State Bar of California; District of Columbia Bar

            --  American Bar Association, Litigation Section; Los
                Angeles County Bar Association; Association of
                Business Trial Lawyers

            --  Co-Chair, Entertainment Law Section, Beverly Hills
                Bar Association

            --  Bet Tzedek -- House of Justice, Executive Board

   Contacts:

                If you would like to arrange an interview with
                Schwartz, contact:

                Debbie Douglas
                Hill & Knowlton
                949/223-2315
                [e-mail]