Eric Carsten is a partner ar Russ August & Kabat, where he specializes in intellectual property and litigation. Mr. Carsten has significant trial and arbitration experience. Prior to joining Russ August & Kabat, Mr. Carsten was a lawyer at Irell
& Manella LLP from 2004 to 2012, where he was a member of the Intellectual Property and
Mr. Carsten was selected for inclusion in Los Angeles Magazine's Southern California "Rising
Stars" in 2007, 2009, 2010, 2011 and 2013.
Mr. Carsten has handled complex commercial cases involving patents, trade secrets, trademarks,
copyrights, securities, and contracts. In addition, Mr. Carsten provides counseling on copyright
and trademark matters to a variety of business clients. For example, Mr. Carsten has advised a
leading university on copyright termination issues involving works of a Pulitzer Prize-winning
author. Mr. Carsten has also guest lectured at USC and UCLA Law Schools on internet and
Mr. Carsten earned his law degree from the University of Michigan, which he attended as a
Clarence Darrow Scholar. He graduated magna cum laude and was admitted to the Order of the
Coif. While in law school, Mr. Carsten served as an Associate Editor of the Michigan Law
Review and as a Legal Practice Senior Judge.
- In Re Certain Set-Top Boxes, and Hardware and Software Components Thereof, Inv. No.
337-TA-761 (USITC). Mr. Carsten represented TiVo in an ITC investigation filed by
Microsoft seeking the exclusion of TiVoís DVRs. Microsoft withdrew two of its asserted
patents prior to trial. The parties entered into a confidential settlement after an eight-day
- Securities and Exchange Commission v. Angelo Mozilo, et al., CV 09-03994 JFW
(MANx) (C.D. Cal 2009). Mr. Carsten represented Angelo Mozilo, former CEO of
Countrywide Financial Corporation, in a lawsuit filed by the SEC alleging securities
fraud and insider trading. A highly publicized settlement was reached with the SEC in
the fall of 2010, shortly before the scheduled commencement of trial.
- In re Countrywide Financial Corporation Securities Litigation, CV 07-05295 MRP
(MANx) (C.D. Cal. 2007). Mr. Carsten represented Angelo Mozilo in a multi-defendant
securities class action filed by several large pension funds. The parties reached a
settlement while the defendantsí motions for summary judgment were pending.
- Madison Tyler Holdings, LLC, et al. v. Financial Asset Trading & Technology of
California, LLC, et al., Ref. No. 1220038462 (JAMS 2009). Mr. Carsten represented the
plaintiffs in a complex, multi-party arbitration that included claims of alleged
misappropriation of trade secrets, corporate espionage, and breach of contract. The
matter settled after three days of trial.
- Madison Tyler Holdings, LLC, et al. v. Zone Equity Group, LLC, et al., NY Sup. Ct.,
Index No. 601960/08 (N.Y. Sup. Ct. 2008). Mr. Carsten represented the plaintiffs in an
action in New York Supreme Court alleging misappropriation of trade secrets and
interference with contract. The parties entered into a confidential settlement prior to trial.
- Tucker v. Kenner, et al., CV 99-06129 RMT (CTx) (C.D. Cal. 2008). Mr. Carsten
represented a former attorney for Death Row Records in a jury trial involving a claim for
malicious prosecution. The judge granted a directed verdict for Mr. Carstenís client
before the jury began deliberations.
- Caruso Affiliated Holdings LLC v. General Growth Properties, Inc., EC038518 (L.A.
Sup. Ct. 2007). Mr. Carsten represented outdoor mall developer Caruso Affiliated in a
dispute over The Americana at Brand. A jury returned an award of over of $89 million in
favor of Mr. Carstenís client.
- Tellme Networks, Inc. v. Nuance Communications USA, Inc. Mr. Carsten represented
automated phone service provider Tellme Networks in an arbitration related to speech
recognition software. The matter settled during trial.
- Spark Unlimited, Inc. v. Activision Publishing, Inc., BC 338918 (L.A. Sup. Ct. 2006).
Mr. Carsten represented Activision in litigation related to the development of the World
War II-based videogame Call of Duty: Finest Hour. The case included claims by both
parties of breach of contract and fraud. In 2007, the parties achieved a confidential
- The Music Force LLC, et al. v. Viacom Inc. and MTV Networks, CV-04-8239-ER
(MANx) (C.D. Cal. 2004). Mr. Carsten represented MTV Networks and Viacom Inc. in
a class action lawsuit alleging copyright infringement related to MTV Networks original
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