Entertainment
Our Entertainment Practice team has a unique understanding of the constantly evolving entertainment industry. We are sensitive to the intricacies of navigating the representation of high-profile, media savvy, and often ultra-sensitive client issues, with a pragmatic, responsive, prudent, and strategic approach to providing legal services. Our approach is designed to facilitate a successful and profitable outcome, with diligent and aggressive advocacy tailored to the specific needs of each client in this innovative, dynamic, complex, and often very public industry.
Our team has in-depth and industry specific experience providing counsel in a wide range of the various facets of entertainment, including contract negotiation, intellectual property protection, commercial litigation, personal injury defense, finance and project development, public relations solutions, and risk management assessment for film, television, music, and print (traditional print and online/new media), and for the venues through which each are offered, including music and film festivals, live music venues and nightclubs, stadiums, rodeo arenas, and theaters.
We have extensive practical business and legal experience protecting the cornerstone of the entertainment business – intellectual property rights, including copyright and trademark protected material. We strive to leverage and maximize the value from these property rights through industry tested agreements for production, promotion, advertising, licensing, endorsement, talent acquisition, and merchandising; and to enforce the protection of our client’s intellectual property through registration and infringement actions. Our team combines its collective expertise in copyright and trademark law, rights of privacy and publicity, defamation and disparagement, and unfair competition, with its extensive experience in film, music, television, theater, publishing, and advertising. In an intellectual property landscape that is constantly being reconfigured and reimagined, we are at the forefront of counseling and litigating cases involving the latest in technological developments.
We also have extensive experience handling labor and employment matters in the entertainment industry, and the unique disputes and issues that often arise, from the negotiation of executive, talent, and agency agreements, employment and labor board issues, to litigation and arbitration of employment disputes. Our team has a proven track record of successfully navigating clients through adversarial arbitration, mediation, litigation, and trial, in both formal and informal settings. However, as proud as we are of our success in the courtroom, we are equally proud of our ability to facilitate resolution outside of litigation.
Additionally, we have abundant resources to assist clients in the entertainment industry with all of their business transaction needs, ranging from entity formation and capital raise to mergers and acquisitions.
Representative matters and experience includes:
Litigation:
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Copyright and trademark protection, enforcement and defense, right of publicity, false light, inappropriate use of name and likeness, and defamation and disparagement.
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Personal injury defense, including claims arising from negligent acts and/or omissions, actions of security personnel, managers, and employees, for clients while on tour, performing, or in transit.
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Professional liability claims, including breach of fiduciary duty, misappropriation, and fraud.
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Employment liability claims, including wrongful termination, sexual harassment, discrimination, breach of management or talent contracts, breach of restrictive covenants for competition, hiring, or distribution of confidential information.
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Commercial litigation involving breach of contract, performance or production delay or interruption, disputes over rights and obligations with respect to ownership, rights, and royalties.
Intellectual Property:
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Intellectual property rights protection, including copyright and trademark review, social media, media, publication, and rights to privacy and publicity matters.
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Global intellectual property rights, including global registration, protection, clearance, and enforcement.
Employment:
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Representation of a variety of organizations for employee, consultant, and contractor hiring programs:
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Drafting and negotiating offer letters, independent contractor and executive agreements, talent and agency agreements; resolving employment disputes; and creating employment manuals, policies and procedures.
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Handling employee terminations, transitions, and misconduct claims; compensation and contract disputes; harassment and discrimination prevention and defense; non-compete and other restrictive covenants.
Business Transactions and Contract Negotiations:
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Business formation and general corporate representation.
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Corporate governance.
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Capital raising and securities compliance.
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Film, television, and music contracts, licenses, and agreements.
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Talent development, management, and agency agreements, as well as performer, writer, and producer agreements.
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Sponsorship and other licensing arrangements, including naming rights agreements and complex joint ventures involving intellectual property rights.
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Cross-marketing and brand-building opportunities.
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Tax compliance.
Finance:
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Structuring financial arrangements among producers, equity investors, mezzanine financiers, distributors and senior lenders, including production lending agreements and completion bond agreements.
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Assistance with raising capital for project development, production, and distribution agreements for motion picture, music, television, and media.