Frackman

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Russell J. Frackman

Mitchell, Silverberg & Knupp

Specialty: Intellectual property

Law School: Columbia, 1970

When someone tries to rip off the Rolling Stones’ trademark lips, Russell J. Frackman gets a call from the record label.

Frackman’s specialty is intellectual property, trademark, and copyright law. Known as one of the best in the business, he has a client list that includes rock stars Pearl Jam, Smashing Pumpkins and Yoko Ono, actors Jack Nicholson and Paul Newman even Universal Studios and PolyGram Records.

Frackman is the antithesis of the flamboyant performers he represents. In court, he is methodical and effective, a demeanor that appeals to many clients.

“He is very disarming,” says Harvey Geller, vice president of litigation counsel at Universal. “He has an amazing ability to distill a case to its essence. Judges appreciate what he is saying.”

Frackman began his career in 1970 when he joined Mitchell, Silverberg & Knupp after graduating from law school. He has remained at the West Los Angeles firm ever since, first as an associate and since 1976 as a partner in the trial department.

Frackman represented Anne Rice, author of the best-selling “Interview with a Vampire,” in a case involving the motion picture rights to her earlier novel, “The Mummy.” Frackman prevailed when the defendants failed to prove they had a signed, final agreement giving them film rights.

Frackman was awarded an honorary Gold Record for his representation of the Recording Industry of America Inc. in anti-piracy and anti-counterfeiting litigation. He thinks the music industry is vulnerable to copyright and other infringements because of technological advances that make it easier to produce high-quality dupes of songs and albums. The law in this arena, he believes, is outdated and needs revising.

Frackman says he tries to be especially sensitive to the privacy of performers and writers when they are confronted with a legal issue. “The best service I can give a client is to get a case resolved in its early stages,” he says. “The last thing creative people want is to have a piece of litigation hanging over their heads.”

He also tries to keep a low profile and contain publicity.

“I do not view public relations as part of my job,” he says. “I will invariably not talk to the press unless I get specific instructions from my clients.”

And why the conservative courtroom demeanor?

“I learned at my first trial that you have to be who you are in front of a jury,” he says. “You can’t be a Perry Mason or Spence or Johnnie Cochran. Juries know when you are acting.”

Frank Swertlow