Joel M. Grossman, Esq. has been exclusively devoted to mediation and arbitration since 2004, following his 25-year legal career as a litigator, labor negotiator, and in-house counsel overseeing complex entertainment disputes.

Mr. Grossman has presided over more than 1500 mediations and arbitrations and developed a stellar reputation for fairness. Sought after by both plaintiffs’ and defense counsel, he has resolved extremely complex disputes with a combination of excellent problem-solving skills and a wonderful sense of humor.

He has been named to the Daily Journal’s list of the top neutrals in California for three consecutive years.

ADR Experience and Qualifications

• Mediated or arbitrated over 1500 cases since January 2004 as a full-time neutral
• Mediated all manner of employment cases including claims of discrimination based on race, gender, age, disability, sexual orientation, and medical condition; claims of sexual harassment; wage-and-hour claims, both individual and class actions; trade secret claims arising out of an employee leaving a company and allegedly appropriating trade secrets; and claims arising under collective bargaining agreements
• Used his broad experience in entertainment-related claims, after serving as head of the Litigation Department of a major motion picture studio, to resolve disputes involving copyright infringement, trademark infringement, idea submission, and profit participation claims, as well as diputes between talent and agent or manager
• Mediated and arbitrated a wide variety of general business disputes, such as commercial landlord-tenant matters, business valuations, and breach of contract

Representative Matters

• Employment Law

Wage-and-Hour Class Action Mediations: Successfully mediated over 500 wage-and-hour class actions, with class sizes ranging from 100 or less to 22,000 class members. Issues resolved include:

• Meal breaks, including claims related to “on-duty” meals
• Rest breaks
• Overtime, including but not limited to “off-the-clock work”
• Minimum wage violations
• Claims for reimbursement of mileage, tools, uniforms, and other expenses
• Claims that class members were misclassified as exempt
• Claims that class members were misclassified as independent contractors
• Claims for pay stub violations
• Claims under out-of-state check provisions of Labor Code
• Claims brought under Private Attorney General Act of 2004 (PAGA)

Wage-and-Hour Arbitrations

• Arbitrated claim by several employees that they were improperly classified as independent contractors when they were employees
• Arbitrated claim that restaurant manager had been misclassified as exempt when most of her time was spent performing rank-and-file duties
• Arbitrated wage-and-hour class action concerning on-duty meal periods
• Arbitrated claim by truck driver that he wsa misclassified as an independent contractor

Discrimination claims based on race, age, gender, disability, medical condition, religion, sexual origin, etc.: Successfully mediated many cases raising one or more discrimination claims including:

• Claim by female worker that she was not permitted to perform a traditional "man's job”
• Claim by African-American worker that he was harassed by co-workers who left crude drawing of lynching on his desk
• Claim by worker with cancer that he was terminated to avoid necessary leaves of absence
• Claim by disabled worker who was denied a leave of absence allegedly because her position was crucial, and leave would cause undue hardship
• Claim by disabled worker that the company failed to engage in interactive process and search for jobs which she could do with her medical restrictions
• Claim by Orthodox Jewish worker that he was terminated because he wore a yarmulke during work hours
• Claim by older worker who claimed he was selected for layoff due to his age

Sex Harassment Claims: Successfully mediated many claims alleging sexual harassment, including claims for hostile work environment, claims of quid pro quo harassment, and claims of unwelcome touching including the following:

• Claim by three employees that manager continually ogled them and made suggestive comments
• Claim by worker that manager, during out-of-town business trip, came to her hotel room and insisted on a sexual liaison
• Claim that manager, after consensual relationship was over, continually called employee demanding that they renew relationship
• Claim that manager texted a photo of his private parts to employee during work hours
• Claim that television writer was told she could not return for another season unless she gave in to producer's demands for sex
• Entertainment & Sports

Copyright Infringement Claims

• Mediated claims that musical compositions had been appropriated by online service providers in breach of performers’ copyrights
• Mediated claim that motion picture infringed copyright of a novel
• Mediated claim that television series infringed copyright of earlier television series produced in a foreign country
• Mediated claim by writer that a film in development at a major studio was based on his screenplay which he had submitted to the studio

Agent-Client Claims

• Mediated dispute over which agency should get commissions when actor left one agency and was represented by a second agency
• Arbitrated dispute between actor and agency over commissions
• Arbitrated dispute between performer and manager over commisions

Writers Guild – Producer Disputes

• As a member of the arbitration panel in the WGA-Producers Minimum Basic Agreement, arbitrated claims including claims of unpaid writing fees, merchandising rights, and separated rights

Profit Participation Claims

• Arbitrated audit claim on major motion picture brought by participant

Idea Submission Claims

• Mediated several cases regarding various submissions for television shows and feature films

Additional IP Disputes

• Handled several matters involving creditors and debtors in connection with entertainment/intellectual property rights
• Mediated claims by franchisees against a franchisor who sold investigative agency franchises
• Mediated claims by garment producers that competitor’s garments infringed copyright
• Arbitrated 50+ domain name disputes in which trademark holder claimed that domain name infringed its trademark

Honors, Memberships, and Professional Activities

• Recognized as one of California’s Top Neutrals, Daily Journal, 2007-2009 and 2012
• Selected as a Southern California Super Lawyer in the field of Alternative Dispute Resolution, 2007-2011, 2013, 2019-2023
• Selected as entertainment law “Power Mediator,” Hollywood Reporter Esq.
• Member, Los Angeles County and Beverly Hills Bar Associations Labor and Employment Law Executive Committee
• Associate Member, California Employment Lawyers Association (CELA)
• Contributing Writer, Alternative Dispute Resolution for the California Labor and Employment Law Review, published by the State Bar of California Labor and Employment Law Section
• Co-author, Modern Law of Employment Contracts, a leading treatise on the law of wrongful termination and other aspects of employment law
• Received comprehensive training in JAMS in-house Entertainment Law workshops including, but not limited to:
  • "Net Profits and New Media: The Future of Entertainment Litigation"
  • "Legal Issues and Developments in Video Game Law"

Background and Education

• Full-time Mediator and Arbitrator, 2004-present
• Senior Vice President, Head of Labor And Litigation Divisions, Sony Pictures Entertainment, 1989-2003
• Partner, Selvin and Weiner, 1985-1989
• Associate, O’Melveny & Myers, 1980-1984
• Law Clerk, Hon. Eugene A. Wright, 9th Circuit Court of Appeals, 1979-1980
• J.D., UCLA School of Law, 1979, Order of the Coif
• M.A., University of California Santa Barbara, 1976
• B.A., with honors, University of Pennsylvania, 1972