[3][5] Toberoff has represented writers and other creators in numerous high-profile disputes and has been recognized by Forbes Magazine,[6] The Hollywood Reporter,[7][8][9] Variety,[10][11] and the Los Angeles Business Journal[12] as among the most influential intellectual property attorneys in the entertainment industry.
The district court denied the studio’s motion for summary judgment, writing in its decision that “the jury will have to decide whether the similarities are qualitatively substantial, and therefore actionable.”[16][17] The parties settled shortly thereafter on confidential terms and dismissed the case pursuant to a joint stipulation.
[31][32] Toberoff represented the son and trustee of Pulitzer-Prize-winning playwright Paul Zindel in a copyright infringement suit regarding his father’s play, Let Me Hear You Whisper and Fox’s The Shape of Water.
2020), found in favor of the plaintiff, writing “at this stage, reasonable minds could differ on whether there is substantial similarity between Let Me Hear You Whisper and The Shape of Water.”[34][35][36][37] The Ninth Circuit later refused the defendants' petition to reconsider the decision in banc.
[46][47][48] On June 23, 2023, Columbia Pictures sued George Gallo and Robert Israel, the authors of Bulletproof Hearts, which was developed into the 1995 action hit Bad Boys (1995), seeking to retain the film rights to the work.
[53][54][55] On February 2, 2024, Toberoff filed a copyright lawsuit on behalf of Canadian author and screenwriter, R. Lance Hill against Amazon Studios LLC, Metro-Goldwyn-Mayer Studios Inc., and United Artists Pictures Inc.[56][57] The complaint alleges that the defendants ignored Hill's right, under the Copyright Act, to reclaim the rights for his 1986 “spec” screenplay, “Roadhouse,” which spawned the cult-classic, Road House (1989), starring Patrick Swayze, when it proceeded with the production and release of the 2024 remake of the film, Road House (2024).
The complaint also made headlines in its claim that the defendants used Artificial Intelligence to replicate actors' voices without permission during the SAG-AFTRA strike in order to complete the film prior to the termination date for Hill's copyright.
On their behalf, Toberoff prevailed in a suit in the Central District of California regarding the copyrights to fifty-one of his songs, including many of his most famous compositions (e.g., I Got A Woman, It's All Right, Hallelujah I Love Her So).