Deals & Cases (representative examples)

• Has represented numerous network marketing companies in federal court, state court, and arbitrations in class actions and individual actions, and before state and federal regulatory agencies, alleging that the companies’ business models were illegal pyramid schemes and endless chain schemes, that the companies’ independent distributors were misclassified employees, and various claims of unfair and unlawful business practices.
• Has represented numerous network marketing companies in federal court, state court, and arbitrations in connection with claims brought by and against the companies’ independent distributors alleging breach of restrictive covenants, including non-solicitation and no-competition
• Regularly consults with network marketing companies regarding various aspects of their Policies & Procedures including restrictive covenants, arbitration clauses, and class action waivers.
• Represented a multi-level marketing company in a lawsuit filed by the Federal Trade Commission accusing the company, which sold digital music and music related products, of false advertising and operating as an illegal “pyramid scheme,” through all phases of pre-trial motion practice and discovery, and acted as lead counsel in a three week bench trial in Los Angeles federal court. Argued case in United States Court of Appeals for the Ninth Circuit.
• Represented a buyer of second hand gold jewelry in an action for false advertising under the Lanham Act, claiming that a competitor materially misrepresented the prices it was paying to consumers. After a three week jury trial, judgment was entered in favor of Mr. Steinberg’s client, including an award for the client’s lost profits and disgorgement of the defendants’ profits which resulted from the false advertising.
• Represented profit participants, including executive producer and world famous author, in arbitration against major motion picture studio regarding audit claims, allocation issues and claims for breach of contract, pertaining to ten years of distribution of more than a dozen television movies. Favorable confidential settlement negotiated on eve of arbitration trial.
• Represented a private equity firm and buyers of a leading provider to the aerospace industry against the sellers of the business and 25 financial institutions in a lawsuit for breach of contract, fraud and rescission, and in a related post-closing purchase price adjustment arbitration. The arbitration resulted in a decision in favor of Mr. Steinberg’s client for 100% of all disputed accounting issues, laying the groundwork for a multimillion-dollar payment to the client.
• Represented a real estate developer and operator of hotels against a savings and loan association in a trial for specific performance of a contract to buy a hotel, resulting in a decision ordering sale of the hotel to Mr. Steinberg’s client. A preliminary injunction was entered by the trial court allowing Mr. Steinberg’s client to remain in possession of the hotel pending trial. The decision was appealed up to and sustained by the California Supreme Court.
• Represented major motion picture studio and its parent company in $70 million dispute against another major motion picture studio for breach of an output deal pursuant to which second studio had given Mr. Steinberg’s client a 10-year exclusive license to distribute second studio’s entire library on basic cable television; suit involved complicated accounting issues, issues related to corporate restructuring of parent company and assignability of license agreements. Case settled on very favorable terms with second studio buying out all remaining obligations under license agreement.
• Represented executive producer of a successful television series against a major motion picture studio in a case arising out of client’s profit participation. After 18 months of intensive deposition discovery, studio agreed to rewrite client’s profit definition and make multimillion-dollar payment.
• Defended a publicly owned international distributor of exercise equipment in a case brought by a foreign competitor for false advertising under the Lanham Act. Also assisted in representation of the same clients in a concurrent investigation by the Federal Trade Commission. Summary judgment was entered by the trial court in favor of Mr. Steinberg’s clients, and an agreement was negotiated with the FTC that did not require the client to pay any money to the government or to consumers.
• Lead member of team of attorneys representing former officers and directors of a failed savings and loan in a series of lawsuits, including shareholder derivative action, a regulatory enforcement action brought by Federal Savings and Loan Insurance Corporation and suit for breach of fiduciary duty under ERISA brought by the Association’s ESOP. Successfully prevailed on writ of mandate before Ninth Circuit, resulting in one of the leading published court decisions on standards for disqualification of law firms due to dual representation.
• Represented one of the leading chains of motion picture theater exhibitors in Southern California in a variety of business and real estate disputes, including defending the theater exhibitor, its principals and partners in a series of related cases alleging breach of numerous joint venture agreements for the development, construction and leasing of “built to suit” theater complexes. After two years of discovery and motion practice, the case settled with the parties’ exchanging mutual releases and without the payment of any money by Mr. Steinberg’s client to the plaintiffs.

Presentations (representative examples)

• Speaker and Panelist at the Direct Selling Legal & Compliance Summit (2017-2025)
• Speaker and Panelist at the Direct Selling Association Legal & Regulatory Seminar (2021-2023)
• Panelist at Direct Selling Summit (sponsored by Better Business Bureau and Direct Selling Self-Regulatory Council (various years and various topics related to direct selling best practices)
• Speaker at Annual Federal Court Boot Camp (sponsored by Pincus Professional Education)
• Presenter at Los Angeles Copyright Society: California Talent Agencies’ Act
• Presenter at Mealey’s California 17200 Conference (various years and topics related to unfair competition and false advertising law)
• Presenter at Bridgeport Continuing Education, “Proving Falsity in a Lanham Act False Advertising Case: A Case Study (2014))
• Presenter at Practicing Law Institute (various years and topics related to unfair competition and false advertising law)

Publications (representative examples)

• “Appeals Court Resurrects MLM Company Challenge to $925 Million Robocall Judgment”
• “How Pending Legislation Could Affect Your Company’s Compliance Strategy”
• “FTC Enters Into Landmark Settlement With Network Marketing Company; Vemma Lives To Play Another Day”
• “U.S. Supreme Court Upholds Importation and Re-Sale of Gray Market Goods Manufactured Abroad”
• “Regulating Personal Managers in the Entertainment Industry Under California’s Talent Agencies Act”
• Tensions Between Class Actions and the Liberal Standing Requirements for Private Attorney General Actions Brought Under California’s Unfair Competition Law, Business & Professions Code Section 17200
• Remedies Available for False Advertising Under California Business & Professions Code Section 17500 and Section 43(a) of the Lanham Act