Entertainment & Digital Media Hot Topics Symposium
Loyola Law School Entertainment & Media Law Institute
In association with Harder Mirell & Abrams LLP, Hueston Hennigan LLP and City National Bank
Legal and business developments in entertainment industries never cease. Don’t wait for a “year in review” program next Fall--join us for a mid-summer afternoon to learn about the latest developments in I.P., traditional media and digital media, followed by refreshments and a networking reception. 3.5 hours MCLE credit available.
Date: Friday, July 31, 2015
Registration/Check-In: 1:30 - 2:00 pm
Event: 2:00 - 6:00 pm
Reception: 6:00 - 7:30 pm (hoted by City National Bank)
Join panelists, select faculty, alumni and entertainment industry executives for a hosted networking reception immediately following the event.
Loyola Law School - Robinson Courtroom
919 Albany Street
Los Angeles, CA 90015
On-campus parking is $9 (debit/credit only accepted)
$50- General Participant through July 17th (early-bird pricing)
$75- General Participant after July 17th
$25 - Non-LLS Law Student
Free for current LLS Law Students
$20 - MCLE (Optional)
3.5 hours California MCLE are available.
Loyola Law School, Los Angeles is a State Bar-approved MCLE provider
2:00 - 2:15 p.m. Welcome Remarks & Overview:
Howard Davine, Exec. V.P. ABC Studios, “The Revolution in Small Screen Entertainment”
“Howard Davine serves as executive vice president for ABC Studios, which develops and produces primetime television programming for network broadcast, cable and on demand platforms. In this role, he oversees the studio’s business affairs and administration. ABC Studio’s slate for the 2015-16 television season encompasses productions on broadcast and cable, including the ABC hits “American Crime,” “Castle,” “Criminal Minds” for CBS, “Devious Maids” for Lifetime, “Grey’s Anatomy,” “How to Get Away with Murder,” “Marvel’s Agents of “S.H.I.E.L.D.,” “Mistresses,” “Once Upon A Time,” “Scandal” and “Secrets and Lies”; ABC freshman drama series “The Catch,” “The Family,” “Of Kings and Prophets,” “Oil,” “Quantico” and “Wicked City,” as well as “Criminal Minds: Beyond Borders” and “Code Black” for CBS; and ABC freshman comedy series “Dr. Ken,” “The Muppets,” “The Real O’Neals” and “Uncle Buck,” as well as “Grandfathered” for FOX. In addition to its scripted programming, the studio produces ABC’s late-night talk show, “Jimmy Kimmel Live.”
As head of Business Affairs, Mr. Davine is ABC Studios’ chief dealmaker, managing a team of executives that structures and negotiates the studio’s business dealings with “above-the-line” talent -- writers, producers, directors and actors, and with the networks and exhibitors that license the studio’s programming. Mr. Davine has oversight of all administrative aspects of the studio, including human resources, and manages the studio’s relationships with Disney’s key distribution arms: Disney Media Distribution, Walt Disney Studios Home Entertainment and the Digital Media division of the Disney/ABC Television Group.
As part of the Disney/ABC Television Group, a division of The Walt Disney Company, ABC Studios changed its name in 2007 from Touchstone Television to align with the valued ABC consumer brand. For over 20 years the studio has established itself as a leader in television development and production.
Mr. Davine serves as a trustee of the Starlight Children’s Foundation, an international charity providing entertainment-related products and services to seriously ill children. A graduate of Loyola Law School, he also holds a Masters of Business Taxation degree from the University of Southern California.” http://abc.go.com/
2:15 - 4:30 p.m. Panel 1: “BOTH SIDES NOW”: LITIGATION DEVELOPMENTS FOR TALENT REPRESENTATIVES AND TRANSACTIONAL LAWYERS:
F. Jay Dougherty, Professor of Law, Loyola Law School (moderator and speaker):
Topic: Recent Developments in Copyright and Trademark Law, Including Copyright Termination, Performers’ Copyright, Digital Performance Rights in Classic Sound Recordings and Fair Use
“Professor Dougherty is the director of the Entertainment & Media Law Institute at Loyola Law School of Los Angeles. He is responsible for the creation of this symposium and for putting Loyola Law School on the map as a talent pool for entertainment law, as #6 in The Hollywood Reporter’s "Top 12 Entertainment Law Schools.” As one of the top entertainment law scholars, his work has been published extensively. His legal career began in the Entertainment Department of Paul, Weiss, Rifkind, Wharton & Garrison in New York, where his work included representation of Broadway composers and authors. His interest in the motion picture area led to positions at the Motion Picture/Television/Music Departments of Mitchell, Silberberg & Knupp, the legal departments at United Artists Pictures and Metro-Goldwyn-Mayer Pictures and the Business Affairs Department of Morgan Creek Productions. After a corporate takeover of MGM, Dougherty moved to the Legal Department of Twentieth Century Fox, where he became senior vice president of production and worldwide acquisition legal affairs. Before joining the Loyola faculty, Dougherty served as assistant general counsel for Turner Broadcasting System, responsible for Turner Pictures. He also taught as an adjunct professor at the University of Southern California Law Center for 10 years, and is an Adjunct Professor teaching International Entertainment Law and I.P in the Creative Industries for the Munich Intellectual Property Law Center in Munich. He graduated magna cum laude from Yale College, and he got his J.D. from Columbia University School of Law, where he was a Harlan Fiske Stone scholar, a staff member of the Columbia Law Review and editor of the Columbia Journal of Arts & the Law. He is also a professional guitarist.” http://www.lls.edu/faculty/facultylistc-d/doughertyfjay/
Robert Klieger, Partner, Hueston Hennigan LLP:
Topic: Contract Disputes and What Transactional Lawyers Can Learn From A Contract Litigator
“Mr. Klieger is a Partner at Hueston Hennigan LLP, where his practice focuses on complex civil litigation and counseling in the areas of entertainment and intellectual property. He represents motion picture studios, broadcast and cable television networks, production companies, and video game publishers in trial, appellate, and arbitration proceedings related to copyright, trademark, and trade dress infringement, distribution and licensing agreements, rights of privacy and publicity, and a variety of other contract and business tort disputes. His publications include “Best Practices for Effective Representation of Clients in Litigating (and Avoiding) Entertainment Disputes,” a chapter in Inside the Minds: Litigating Media and Entertainment Matters (Aspatore Books 2013). He is a graduate of Hamilton College and Stanford Law School.” http://www.kbkfirm.com/attorneys/robert-klieger
Glen Kulik, Partner, Kulik Gottesman & Siegal LLP:
Topic: State of the Art of Idea Appropriation Cases Post-Montz
“Glen L. Kulik is a founding member of Kulik Gottesman & Siegel LLP. He was formerly associated with the firm of O’Melveny & Myers (Washington D.C. and Los Angeles offices) and a partner in the Los Angeles office of Katten, Muchin & Rosenman. He is an AV Rated attorney and has been selected for many years as a “Super Lawyer” by Los Angeles Magazine. He was recently honored by the Daily Journal as one of the top 75 IP litigation attorneys in the State of California. Mr. Kulik graduated from the University of California, Berkeley and Loyola University School of Law where he was a Member, and later Chief Ninth Circuit Editor, of the Law Review.
Mr. Kulik specializes in representing talent (performers, writers, directors, producers and musicians) in entertainment industry litigation and transactions involving film, television, music, and publishing. Among the well-known clients he has represented are Mike Myers, Diane Keaton, William Shatner, Elizabeth Taylor, Barry Manilow, Sharon Stone, Michael Eisner, Martin Ransohoff, best-selling authors Harlan Ellison and Tess Gerritsen, the musical groups Electric Light Orchestra (ELO), Play, and Boom Town Rats, and true-crime reporter Aphrodite Jones. He has handled disputes involving well-known films and television programs such as Shakespeare in Love, Platoon, Liar Liar, Raging Bull, Gravity, Trouble with the Curve, Boys Don’t Cry, Waterworld, John Q, Made In America, This is Spinal Tap, Frequency, Star Trek, The OC, Northern Exposure, My Two Dads, Baywatch, Las Vegas, In the House, Crank Yankers, The Simpsons,and many others.
Two cases he handled involving the Digital Millennium Copyright Act resulted in published opinions from the Ninth Circuit Court of Appeals: Ellison v. America Online, Inc. (2004) and Universal Music Group v. VEOH, Inc. (2011). Another case, Petrella v. MGM, resulted in a positive opinion in his client’s favor from the United States Supreme Court which has made it easier for copyright owners to sue after the initial three year limitations period has expired without fear that their claims will be barred by laches.
Mr. Kulik is a specialist in the fields of idea theft and copyright litigation. Many of his articles on these subjects have been published by news organizations, law reviews, and magazines. He has been a frequent lecturer on these and other entertainment industry issues most recently at events sponsored by USC Law School, Southwestern Law School, and the Entertainment Section of the Beverly Hills Bar Association. Mr. Kulik has litigated net profit cases involving television and motion picture productions. In the field of music, he has battled publishers and record labels for royalties for his songwriter clients and has successfully reclaimed their ownership interests in compositions after initial copyright periods expired. As a trial attorney, Mr. Kulik has won a number of large verdicts and settlements for his entertainment clients against networks and studios such as, for example, Universal, Disney, Miramax, NBC, TNT, and others.” http://www.kgslaw.com/attorneys/glen-kulik/
Jennifer McGrath, Partner, Harder Mirell & Abrams LLP:
Topic: Protecting Clients from ‘Revenge Porn (including new state laws and enforcement efforts), Photo/E-Mail Hacking, Cyber-Security and Privacy/Anti-Paparazzi Legislation
“Ms. McGrath specializes in entertainment, intellectual property and business litigation, with a particular focus on counseling individual and corporate clients in policing privacy and intellectual property rights. Previously a partner at Kinsella, Weitzman, Iser, Kump and Aldisert LLP and a litigation associate at Greenberg Glusker LLP, McGrath is an expert at protecting clients in entertainment and intellectual property litigation of issues such as rights of publicity, defamation, privacy rights (including TROs and injunctions), trademark infringement (including Lanham Act claims), copyright infringement, idea submission and implied contracts claims, Anti-SLAPP, profit participation, royalty and audit matters, licensing and merchandising, new media, terminating internet imposters and infringers, Talent Agencies Act, and advertising and promotions. She was recently recognized as a 2015 Super Lawyer, and previously as a Super Lawyer Rising Star. She is a summa cum laude and Phi Beta Kappa graduate of UCLA and received her J.D. from the UCLA School of Law.”
Douglas Mirell, Partner, Harder Mirell & Abrams LLP:
Topic: Recent Developments in Right of Publicity, Including New Media Meets Old Principles—Recent Videogame cases (Sgt. Jeffrey Sarver v. Nicholas Chartier, et al.) and Social Media Uses of Persona.
“Mr. Mirell is a founding partner of Harder Mirell & Abrams LLP. He practices general corporate and business litigation, focusing on First Amendment, media and entertainment industry lawsuits, copyright and trademark infringement actions, publicity rights disputes, invasion of privacy and defamation claims. In right of publicity litigation, Mr. Mirell has represented The Franklin Mint, Marilyn Monroe LLC, Woody Allen, Halle Berry and Bradley Cooper; he authored amicus curiae briefs for the Motion Picture Association of America and others in Winter v. DC Comics (Cal. Supreme Ct. 2003), Tyne v. Time Warner Entertainment Co. (Fla. Supreme Ct. 2005), Hart v. Electronic Arts (3rd Cir. 2013) and Keller v. Electronic Arts (9th Cir. 2013). Mr. Mirell was also instrumental in providing the legal analysis that helped win passage of then-State Senator Sheila Kuehl’s Senate Bill 771 (2007) which clarified that California’s statutory post-mortem right of publicity applies to those who predeceased that law’s original effective date of January 1, 1985. Before co-founding Harder Mirell & Abrams LLP in January 2013, Mr. Mirell was an attorney with Loeb & Loeb LLP for 32 years, and a partner in the litigation department of its Los Angeles office since 1987. He has been recognized as a “Best Lawyer” in First Amendment Law since 2010 and as a “Southern California Super Lawyer” in Intellectual Property Litigation, Entertainment & Sports and First Amendment/Media/Advertising since 2004. Mr. Mirell graduated cum laude from Claremont Men’s College; he received his J.D. from the U.C. Davis School of Law where he served as Topical Volume Editor of the U.C. Davis Law Review. He is married to Loyola Law School Professor Laurie L. Levenson.” http://hmafirm.com/attorney/douglas-e-mirell/
Michael Plonsker, Esq., Plonsker Law LLP:
Topic: What Transactional Talent Lawyers Must Know After Solis v. Blancarte; other recent employment disputes
“Mr. Plonsker is the founding partner at Plonsker Law LLP, a talent-side entertainment law firm that offers a highly personalized level of service in order to better cater to its clients’ particular needs. He has been named a Power Lawyer in litigation, a Super Lawyer, and the Century City Bar Association’s “2005 Entertainment Lawyer of the Year”. Some of his cases include the rights dispute over Hawaii 5-0 against producer George Litto, a legal battle over the film ‘Margaret’ which director Kenneth Lonergan was never able to complete, and a suit that resulted in more than $14 million settlement for John Ritter’s family after Ritter collapsed on the set of ‘8 Simple Rules For Dating My Daughter’. Prior to starting his own practice, Plonsker was Partner at Robins, Kaplan, Miller & Ciresi LLP, where he was Co-Chair of the Media and Entertainment Litigation Department. His published articles include ‘The Talent Agencies Act: Protecting Artists From Abuse’ in the Los Angeles Daily Journal. He graduated with a BBA from the University of Michigan and received his J.D. from University of Illinois College of Law.” www.plonskerlaw.com
Howard Davine, Exec. V.P. ABC Studios See above.
Pam Kirsh, Senior V.P., Motion Picture Legal, Paramount Pictures Corp.:
“Ms. Kirsh is currently Senior Vice President of Motion Picture Legal at Paramount Pictures Corporation. She previously served twenty-seven years at Warner Bros., seven of which were spent as Head of Theatrical Legal and two as Special Counsel. At Warner, she was responsible for all legal aspects of worldwide theatrical development and production, including drafting and negotiating rights, talent agreements, distribution, financing, script clearance, and special/visual effects. In 1990, she graduated with a J.D. from the Loyola Law School of Los Angeles evening school program." http://www.paramount.com/
Alex Kohner, Partner, Morris Yorn Barnes Levine Krintzman Rubenstein Kohner & Gellman:
“Alex Kohner is a partner at the Century City law firm Morris Yorn Barnes Levine Krintzman Rubenstein Kohner & Gellman. His practice covers all aspects of representing high profile and emerging actors, screenwriters, directors and authors in the film, television and publishing businesses. Alex also specializes in negotiating film distribution deals and executive employment agreements. Prior to joining Morris Yorn, Alex was an associate in the motion picture and television department at Manatt, Phelps & Phillips. He graduated from UC Berkeley and Loyola Law School, Los Angeles. He lives in Los Angeles with his wife, Ali, and their twin daughters, Charlotte and Daisy.” http://morrisyorn.com/
4:45 - 6:00 p.m. Panel 2: “THE TIMES THEY ARE A’ CHANGIN’”: DIGITAL MEDIA BUSINESS AND LEGAL DEVELOPMENTS:
Karl Manheim, Professor of Law, Loyola Law School (moderator):
Karl Manheim has been on the full-time faculty since 1984. He is currently the faculty advisor to the Intellectual Property Law Concentration. Previously, he was co-director of the Program for Law & Technology at the California Institute of Technology and Loyola Law School. He has also taught at the University of Southern California Law School (1996), the University of International Business and Economics in Beijing (1992), the University of Bologna (2007, 2010) and the University of Aix-Marseille (2012-15). In 2007, he was special counsel to the U.S. House of Representatives Committee on the Judiciary, Subcommittee on Courts, the Internet and Intellectual Property. Before joining the full-time faculty, he was a Visiting Professor at Loyola, and in the Santa Monica City Attorney’s Office.
Adam Cooper, Business Affairs, William Morris Endeavor Entertainment
"Adam Cooper is a Business Affairs executive at William Morris Endeavor Entertainment, where he represents the agency's clients in a broad range of deals for television, film and digital media. Prior to joining WME, Adam was a member of the Entertainment, Sports & Media practice in the Century City office of O'Melveny & Myers LLP. He is a graduate of Rutgers College, the Kennedy School of Government at Harvard University and the Duke University School of Law." http://www.wmeentertainment.com/
Bob Emmer, A Founding Partner & C.O.O., Shout! Factory, LLC
“Bob Emmer has over thirty years of music and entertainment industry experience, and is a principal, co-founder and COO of Shout! Factory, a diversified entertainment company devoted to producing and marketing the very best of pop culture.
Prior to this, Emmer was EVP at Rhino Records, with responsibilities encompassing its recording, video and film divisions. Following the acquisition of Rhino by the Warner Music Group, Emmer was SVP, Business Affairs, at the Warner Music Group.
Emmer was SVP at Alive Enterprises; he was involved in managing the careers of major recording artists including Alice Cooper, Blondie, Luther Vandross and Teddy Pendergrass. He was Executive Producer/Creator of NBC’s late night music program, “Rock ‘n Roll Tonite”.
Emmer is a member of the California Bar Association and has taught several university courses on the music industry. Emmer serves on the Board of Directors of several charities, including the Executive Committee of the City of Hope’s Music and Entertainment Industry Group.” https://www.shoutfactory.com/
Tracey Freed, Esq., Adjunct Professor, Loyola Law School:
Topic: “Digital Media and the Law”: The platform business – DMCA developments, privacy rights and obligations.
“Tracey Freed is Founder of Freed Law, P.C., specializing in digital media, entertainment and technology transactions. Ms. Freed advises entrepreneurs, digital creators and fortune 100 companies at the intersection of content and technology, including structuring and negotiating commercial transactions focused on content distribution and monetization, technology commercialization, gaming, social media marketing, and big data and ad tech. She also acts as outside General Counsel to her clients, including providing advice on digital strategy, business affairs, regulatory compliance, IP portfolio management, and data privacy.
Ms. Freed is also currently an Adjunct Professor at Loyola Law School where she teaches “Digital Media and the Law,” a class she designed and originated, and is frequently a speaker at various conferences, bar events and law schools on the topic of digital media. Prior to founding Freed Law, P.C., Ms. Freed was Assistant General Counsel, Digital Networks at Sony Pictures Entertainment Inc., where she was the head lawyer of Crackle, Sony’s award-winning, multi-platform, ad-supported, video entertainment network, and named by Tech Crunch as one of the 20 Best iOS and Android Apps of 2012. Ms. Freed structured and negotiated many unprecedented, first of its kind deals, including securing distribution on the worlds’ largest video platforms such as AppleTV, PlayStation, Xbox, YouTube, iOS, Android, ROKU, Google Chromecast, Samsung, Amazon Fire and VIZIO, and supported Crackle through its exponential growth, including its expansion into 23 different countries in 3 different languages and the quadrupling of its internal team.
While at Sony Pictures, Ms. Freed was also the head lawyer for the Digital Games team, where she advised on, structured and negotiated the development, publication and distribution of beloved social games such as, “Wheel of Fortune” (peaked at #1 overall paid App for iPad) and “Jeopardy!” reaching gamers around the world through mobile, tablet and connected TV devices, as well as the development and global launch of derivative properties including “Sports Jeopardy!” and the team’s first originally created RPG game. While at Sony Pictures, Ms. Freed also negotiated multi-million dollar film and television distribution deals on behalf of Sony Pictures Television across EST, SVOD, TVOD, AVOD and Pay/Basic, including iTunes, Google Play, Netflix, Amazon and HBO, as well as expanding such partnerships into major markets such as Canada, Latin America, Asia and India.
Prior to joining Sony Pictures, Ms. Freed practiced at Irell & Manella, LLP, ranked by Chambers as the top IP firm in the United States, where she was a member of the Corporate, Mergers and Acquisitions, Private Equity, and Intellectual Property practice groups.
Ms. Freed is currently a faculty mentor at Loyola Law School, is a former board member of the Association of Media and Entertainment Counsel (AMEC) “Women Who Lead,” and is the former Co-Program Chair of the Entertainment and Intellectual Property Executive Committee of the Los Angeles County Bar Association (LACBA). Ms. Freed received her Juris Doctor from Loyola Law School, and her Bachelor of Arts, magna cum laude, from UCLA.” https://www.linkedin.com/pub/tracey-l-freed/5/6b2/258
Yaphett Powell, J.D., M.B.A., Vice President, Business & Legal Affairs at VUBIQUITY
“Mr. Powell is V.P. of Business & Legal Affairs at VUBIQUITY, the leading global provider of digital distribution services for premium entertainment content. As a member of VUBIQUITY’s Senior Leadership Team, he serves as the primary attorney for VUBIQUITY’s Content Acquisition (Licensing) and Content Services (Sales) divisions where he partners with the company’s senior executives to lead deal strategy and negotiations for acquiring, licensing and servicing premium entertainment content. He works with content owners (studios, networks, producers), distributors (cable, satellite, telecom) and digital media companies in the U.S. and abroad to execute complex licensing and distribution deals for film & TV content across multiple platforms, including TV, computers, game consoles, mobile and tablet devices. He has extensive experience with all forms of multiplatform and digital distribution business models such as Linear, Video-on-Demand (VOD), Electronic Sell-Through (EST), TV Everywhere (TVE), and Over-the-Top (OTT). Prior to joining VUBIQUITY, he held roles as both an entertainment attorney and a TV network executive at FOX Networks Group.” www.linkedin.com/in/yaphett
We acknowledge and thank our promotional sponsors:
Los Angeles County Bar Association/Entertainment Law and Intellectual Property Section
The Association of Media and Entertianment (AMEC)