Harry Mittleman is a highly experienced commercial litigator focusing on economic and business torts as well as professional liability defense for law firms. He also serves as the firm’s co-general counsel.
Harry represents plaintiffs and defendants in complex matters involving major claims of economic harm. These include breach of contract; interference with contractual relations and prospective economic advantage; fraud, including securities fraud; misappropriation of trade secrets; false advertising; defamation and commercial disparagement/trade libel; intellectual property, including copyright, patent and trademark infringement; employment claims; and antitrust. He has defended complex class actions, including securities fraud class actions and SEC proceedings, antitrust class actions and employment law class actions. Harry handles matters across a broad spectrum of industries, including the entertainment and media sector, where he has represented nearly every major studio and network in a variety of complex legal and business disputes.
Harry has a proven track record of trial and appellate experience in federal and state court as well as in arbitrations and mediations, where he has served as counsel for various parties and as a neutral. Thoughtful and detail-oriented, he is extremely effective at leading teams of forensic computer analysts, accountants, damages experts and other consultants to investigate when a massive economic injury is at stake for his clients. Moreover, as an academic who has taught an advanced class on commercial law and business torts at the UCLA School of Law for more than a decade, Harry brings a thorough grounding in tort law and a sophisticated understanding of current legal theories to his practice.
In addition to his work on business disputes, Harry represents some of the world’s leading international law firms and lawyers against lawsuits alleging legal malpractice, breach of fiduciary duty and conflicts of interest. He defends these clients in litigation and counsels them on issues of professional liability, professional responsibility and law firm governance.
- Represented a leading technology company to assume the defense of a lawsuit that prior counsel had lost at trial, which had resulted in an eight-figure jury verdict against the company. On behalf of the client, Harry won a motion for a judgment notwithstanding the verdict and for a new trial successfully defeated plaintiff's claim for violation of the California Unfair Competition law following a bench trial. He then successfully defended the trial court judgment that he obtained for the client in appellate proceedings before the California Court of Appeal.
- Represented B/E Aerospace as part of the Irell & Manella LLP team that successfully obtained a summary judgment of noninfringement in a patent lawsuit against Irell's client, and then obtained a published appellate affirmance of that summary judgment from the U.S. Court of Appeals for the Federal Circuit.
- Represented a leading technology company in litigation against a competitor and certain former employees involving claims for misappropriation of trade secrets and breaches of fiduciary duty. Using the anti-SLAPP statute, Harry successfully defeated various counterclaims for defamation that had been asserted against his client, first by obtaining a trial court order of dismissal, and then by obtaining a trial court order awarding his client a six-figure attorneys’ fee award as the prevailing party.
- Represented a number of the nation's leading motion picture studios and television networks in copyright, trademark, right of publicity/privacy, unfair competition and contract disputes.
- Represented a leading international law firm on appeal, obtaining a published appellate affirmance of a judgment dismissing claims for alleged professional negligence. The published decision held, as a matter of first impression under California law, that a legal malpractice lawsuit must be dismissed where the law firm could not effectively defend the suit without revealing privileged client confidences.
Honors & Awards
- Named to the Southern California Super Lawyers list in business litigation (2010-2018)
- Named to the Southern California Super Lawyers "Rising Stars" list (2004-2009)
- "Here’s What You Need to Know About the Defend Trade Secrets Act," The Recorder (April 27, 2016)
- "AB 1659: Post-Verdict Motions in Civil Practice," Daily Journal (January 6, 2015)
- "Unsettled Law on Recovering Fees Under Anti-SLAPP Statute," Daily Journal (July 28, 2014)
- Teaches an advanced class in commercial law, Business Torts at the UCLA School of Law.
Harvard Law School (J.D., 1994), magna cum laude
Princeton University (A.B., Politics, 1991), summa cum laude
- California, 1994
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- Hon. Alfred T. Goodwin, U.S. Court of Appeals for the Ninth Circuit