Kelley Drye

Attorneys & Professionals 

Allison S. Brehm

Partner Email vCard
Los Angeles
Phone: (310) 712-6105
Fax: (310) 712-6199

Allison Brehm is a partner in the firm’s Los Angeles office, where she has practiced since 2002.  Ms. Brehm is a keen and practical problem-solver, helping clients protect their interests and achieve their business objectives.  She is routinely sought out for her ability to reach agreements and avoid, manage, and resolve disputes.

She has litigated or provided advice to clients on a broad range of matters, from intellectual property and idea theft to right of publicity matters, from unfair competition and false advertising to employment matters, as well as complex contract and business tort disputes.  Ms. Brehm’s years of experience as a litigator in state and federal courts, dedication to understanding her clients’ businesses, and ability to work efficiently and act decisively, contribute to the victories she has achieved for her clients both in and out of court.

Ms. Brehm is the Co-Chair of the California Chapter of the Media Law Resource Center (MLRC).  In 2009-10, she served as Chair of the Entertainment Law & Intellectual Property Section of the Los Angeles County Bar Association.  Ms. Brehm has been selected as one of Southern California’s Super Lawyers in 2013 and 2014 and, previously, as one of Southern California’s Super Lawyers – Rising Stars.

Ms. Brehm is also an adjunct professor of Mass Media Law at Southwestern Law School, where she teaches a survey course of the law of mass communications, with references to Internet, television, print, and other forms of media.  The course focuses on the First Amendment, prior restraints on expression, civil and criminal liability arising from the dissemination of information, newsgathering torts, shield law/reporter’s privilege, and regulatory issues.

Ms. Brehm serves on Kelley Drye’s Pro Bono and Diversity and Inclusion Committees.

Representative Experience

Gallo v. Simon & Schuster, Inc.  In 2014, obtained dismissal in the Central District of California of claim for copyright infringement arising from publication of book.

Pynoos et al. v. Massman.  Representing plaintiffs in an action for breach of contract and breach of fiduciary duty in the Los Angeles Superior Court, obtained jury verdict in plaintiffs’ favor in June 2013.

Spinner v. American Broad. Cos. 215 Cal. App. 4th 172 (2013).  In 2013, the California Court of Appeal upheld the trial court’s order granting summary judgment of an idea theft claim arising from the television show “LOST” on the grounds of lack of access and independent creation.

Gilbert v. New Line Productions, Inc., Jennifer Lopez, Jane Fonda, et al., 2010 U.S. Dist. LEXIS 141516.  Representing numerous studios, movie producers and celebrities, district court granted summary judgment against plaintiff’s numerous copyright and RICO claims premised upon the creation, release and distribution of the motion picture Monster-in-Law, and granted over eight hundred thousand dollars ($800,000) in attorney’s fees and costs against the plaintiff. Affirmed by the Ninth Circuit Court of Appeals (July 2012).

Profant v. Have Trunk Will Travel.  In 2011, the Central District of California granted defendant’s motion to dismiss claims for false advertising and unfair competition arising from the use of elephants in the motion picture Water for Elephants.

Price v. Stossel, Ruppel, American Broad. Cos,  620 F.3d 992 (9th Cir. 2010).  The Central District of California granted anti-SLAPP motion dismissing claims for both express defamation and defamation by implication, based on a news report broadcast on ABC's "20/20" program; on appeal, the Ninth Circuit upheld dismissal of claim for defamation by implication.

Toughlove America, LLC v. MTV Networks et al. (unpublished decision).  In 2009, the Central District of California denied plaintiff's motion for preliminary injunction to prevent the broadcast of the television program "Tough Love" arising from alleged infringement of plaintiff's trademark.

Reginald v. New Line Cinema Corp., et al., 2008 Cal. App. Unpub. LEXIS 2720 (Apr. 2, 2008) (unpublished decision; review denied June 11, 2008).  The California Court of Appeal upheld the trial court's dismissal on summary judgment of an idea submission action and held that no substantial similarities could be found between the unpublished "The Party Crasher's Handbook" and the movie Wedding Crashers.

Zella v. E.W. Scripps Co. et al., 529 F. Supp. 2d 1124 (C.D. Cal. 2007).  In a groundbreaking opinion, the Central District of California dismissed, with prejudice, a claim for copyright infringement arising from one of TV's most popular cooking shows, Rachael Ray; among other things, the district court held that copyright infringement cases may be dismissed at the pleading stage on substantial similarity grounds, no amount of proof of access will suffice to show actionable copying if the works are not substantially similar, judicial notice was appropriate regarding the elements of the cooking shows being generic.

Marder v. Lopez, Sony Music Entm't, Inc., Paramount Pictures Corp., 450 F.3d 445 (9th Cir. 2006).  Upholding the validity of a general release waiving any claims concerning the motion picture Flashdance, including claims of co-ownership in the copyright for the motion picture, the Ninth Circuit unanimously affirmed the order of the district court, dismissing plaintiff's claims against Paramount for declaratory relief and accounting.

Filerman et al. vs. Misenhimer et al. (unpublished decision).  In a dispute over the development and production of a well-known motion picture into a Broadway musical, the California Court of Appeal in 2007 ruled in favor of the firm's client and denied defendants' request for a reversal of the trial court's order denying defendants' motion for summary judgment.

Greenberg v. Touchstone Television Productions, LLC (unpublished decision).  Facing novel theories of copyright infringement, the Central District of California in August 2006 dismissed all claims against two major television production companies based on their creation and production of a popular primetime television series.

Maggio v. Singer et al. (unpublished decision).  In June 2006, the Supreme Court of the State of New York granted summary judgment in defendants' favor on plaintiff's claims for fraud, breach of contract and unjust enrichment based on an alleged finder's fee agreement for the financing of a motion picture.

Trilenium Pictures, Ltd. et al. v. The Walt Disney Co. et al., (unpublished decision).  The Central District of California in July 2004 dismissed all state law claims against two major film production studios and an Oscar-nominated director and screenwriter, and, in February 2005, the firm ultimately secured the dismissal with prejudice of the only remaining claim for copyright infringement arising from the motion picture Signs.

Memberships & Associations

Media Law Resource Center (MLRC) and Co-Chair of the MLRC California Chapter.

American Bar Association, Forum on Communications Law and Intellectual Property Law Section.

Los Angeles County Bar Association, Past-Chair in 2009-2010 of the Entertainment Law & Intellectual Property Section ("ELIPS") and member of the Executive Committee of ELIPS since 2005.

Women Lawyers Association of Los Angeles.

Women in Film.

Honors & Awards

Ms. Brehm was selected as one of Southern California’s Super Lawyers in 2013-2014, and was selected as one of Southern California’s Rising Stars from 2007-2008 and 2010-2012.

Pro Bono

A member of Kelley Drye’s Pro Bono Committee, Ms. Brehm helps facilitate the firm’s commitment to pro bono representation.  Ms. Brehm also performs pro bono services in connection with the Alliance for Children’s Rights and Public Counsel.

Print PDF

July 11, 2014

Recent Decisions Continue to Reshape the Law Regarding Copyright Protection for Fictional Characters

Bloomberg BNA’s Patent, Trademark & Copyright Journal


September 30, 2014

The Use of Products, Names and Likenesses in Fictional Works and Related Advertising

Continuing Legal Education Seminar