Phil Kelly is an associate in the Los Angeles office of Irell & Manella LLP.  Mr. Kelly's practice focuses on entertainment, intellectual property, and commercial litigation.

Mr. Kelly has represented some of the nation's leading motion picture studios, television networks, production companies, music companies, and videogame publishers, including Viacom Inc., MTV Networks, CBS, NBC Universal, UPN, Paramount Pictures Corporation, Mark Burnett Productions, Universal Music Group, THQ and Activision.  In addition to his litigation matters, Mr. Kelly provides substantial counseling and advice to motion picture and television clients, with particular emphasis in the area of reality television.

Among his recent highlights, Mr. Kelly successfully represented Universal Music Group before the California Supreme Court in HLC Properties, Ltd. v. MCA Records, Inc., et al., 35 Cal. 4th 54 (2005), a landmark case involving the scope of the attorney-client privilege.  Mr. Kelly then "second chaired" Universal Music Group's overwhelming trial victory in Los Angeles Superior Court.  Mr. Kelly also successfully defended Mark Burnett, NBC Universal, and Donald Trump in Bethea v. Burnett, 2005 WL 1720631 (C.D. Cal 2005), a copyright infringement action involving the hit NBC television series, The Apprentice.  After discovery (including a deposition of Donald Trump defended by Mr. Kelly), the court granted summary judgment in favor of defendants on the copyright claim. 

In 2006, Mr. Kelly obtained summary judgment on behalf of CBS in Steiner v. CBS Broadcasting, Inc.  In this breach of contract action in which plaintiffs, composers of background music for various episodic television series airing in the 1950s, 1960s, and 1970s, alleged that CBS has failed to pay royalties for synchronization licenses of the compositions in connection with the release of the television series on videocassette and DVD. 

Mr. Kelly currently represents Activision in litigation against a videogame developer related to the development of the World War II-based videogame Call of Duty: Finest Hour.  The case includes claims of breach of contract and fraud by both parties.  Mr. Kelly also represents THQ in a multifaceted dispute with World Wrestling Entertainment ("WWE") (including antitrust, RICO, Robinson-Patman Act, commercial bribery, and other claims) arising out of the alleged bribery of two of WWE's licensing agents in connection with WWE's award of a videogame license to a joint venture between THQ and JAKKS Pacific.  Irell & Manella achieved dismissal of WWE's antitrust and Robinson-Patman Act claims and is currently seeking dismissal of WWE's RICO claims.

Representative Matters

Other representative matters on which Mr. Kelly has worked include:

Fox/UTV Holdings, Inc., KCOP Television, Inc., UTV of San Francisco, Inc., and WWOR-TV, Inc. v. Paramount Pictures Corporation and UPN.  Mr. Kelly was a member of the Irell team that represented Paramount Pictures Corporation and UPN in this breach of contract action in which plaintiffs, each of which is a UPN affiliated station, claimed they were entitled to more than $100 million in affiliate compensation under alleged "most favored nations" provisions in their affiliation agreements. 

News Limited v. Australis Holdings Pty. Ltd.  Mr. Kelly participated in Irell's defense of third-party defendants Paramount Pictures Corporation, Universal City Studios, Inc., and Sony Pictures Entertainment, Inc. against claims for tortious interference with existing and prospective contractual relations, breach of fiduciary duty, breach of contract, unjust enrichment, breach of guarantee, and punitive damages based upon an alleged campaign to eliminate the third-party plaintiffs from the Australian pay television market.  Irell & Manella successfully settled the claims following significant document discovery and just prior to the commencement of costly international deposition discovery.

eToys v. Fingerhut Business Services Inc.  Mr. Kelly was a member of the team that successfully represented eToys Inc. in a multi-million dollar dispute with Fingerhut Business Services Inc. concerning Fingerhut's fulfillment services during the 1999 holiday season.  Mr. Kelly helped represent eToys in a two-week arbitration proceeding and in confirmation proceedings to uphold the arbitration award.

Bar Admissions

• 2000, California