Mark Kesten
J.D. from California Western School of Law
Bachelors from University of British Columbia
Mark D. Kesten, Esq. is an entertainment attorney based in southern California. Receiving his undergraduate degree from the University of British Columbia and J.D. from California Western School of Law, Mark’s practice focuses on the representation of talent in both transactional and litigation matters.
At TJSL, Professor Kesten teaches Legal Writing and Entertainment Law related courses. In his practice, Mark routinely handles the review, drafting and negotiation of entertainment related deals including: recording and music publishing contracts, artist management, producer and mixer agreements, social media influencer agreements, touring agreements, as well as endorsement deals. Mark has handled deals for international record labels, international artist management companies, full-service talent agencies, event production companies, as well as gold and platinum selling recording artists, producers, mixers, and songwriters, and professional athletes.
Mark also handles civil litigation matters in both state and federal courts. Recently, Mark was part of the legal team that successfully defended a Forbes 30 under 30 company against a multi-million dollar lawsuit. Mark has also been part of the legal team that successfully obtained a six-figure federal jury verdict against a billionaire real estate developer for the copyright infringement of two sculptures of an award-winning sculptor.
Prior to entering private practice, Mark worked in the legal affairs department at the ICM Partners talent agency. Mark also enjoyed a successful pre-law career as an artist manager and commercial radio promoter.
Copied in Stone: California Copyright Litigation and Sculptural Works
May 2016
L.A. Lawyer Magazine
This article examines the unique issues that arise in the context of enforcing copyrights in works of fine art through an analysis of our firm's co-counsel representation of sculptors in two federal jury trials and one pending 9th circuit appeal.
See publication Copied in Stone: California Copyright Litigation and Sculptural WorksSee publication
Collateral Damage: Will The 360 Deal Be The Next Victim of California’s Talent Agencies Act
2014
Southwestern Law Review
This article discusses the potential impact of California Labor Commissioner's current broad interpretation of California's Talent Agencies Act on so-called "360" record deals.
Reputation Insurance: Why Negotiating For Moral Reciprocity Should Emerge As A Much Needed Source Of Protection For The Employee
2012
Cornell HR Review
This article explores the emerging role of the "morals clause" in post-recession American employment contract negotiations.