Eric Carsten

Practice Areas


Eric Carsten is of counsel to Russ August & Kabat, where he specializes in intellectual property and litigation. Mr. Carsten has significant trial and arbitration experience. Prior to working with 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 Litigation workgroups.

Mr. Carsten was selected for inclusion in Los Angeles Magazine's Southern California "Rising Stars" in 2007, 2009, 2010, 2011, 2013 and 2014.

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 trademark law.

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.

Representative Matters

  • 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 trial.
  • 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 settlement.
  • 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 television programming.

Top of Page