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“Technotainment” 2016: Distributing Content Across Multiple Platforms


Speaker(s): Alyssa Reiner, Ben Esplin, Cyna Alderman, Dale Cendali, David E. McCraw, Edward A. Cavazos, Elena Magula, Gavino Morin, Jonathan Lutzky, Kelli L. Sager, Lindsey Faivus, Patrick Lee McGill, Phillip Gharabegian, Richard L. Brand
Recorded on: Oct. 19, 2016
PLI Program #: 150339

Alyssa Reiner is an Assistant General Counsel with AOL Inc., specializing in technology and content licensing and distribution.  Alyssa joined AOL a just over a month ago, and looks forward to continuing to develop her transactional practice in support of AOL's media properties such as The Huffington Post (and its RYOT virtual and augmented reality video production division) , as well various apps, and other content creators/distributors. 

Prior to joining AOL, Alyssa was a Senior Attorney at the Smithsonian Institution for over ten years, where her practice focused on copyright transactional work.  Specifically, she supported Smithsonian clients engaged in the creation, acquisition, and distribution of creative content. 

In particular, Alyssa worked with clients engaged in the creation and distribution of mobile applications and games; the production of digital interactives; the production, acquisition and licensing of multi-media works; and the development of virtual museums and exhibits.  She worked regularly with Smithsonian Folkways Recordings, the Smithsonian Center for Learning and Digital Access, the Smithsonian Latino Center’s virtual museum and virtual learning activities, and the Smithsonian’s art and science museums on their development of all manner of digital works.

Alyssa received her J.D. from the Georgetown University Law Center, and her B.A. from Cornell University.   She has spoken to diverse international audiences on copyright (and related) considerations particular to virtual and augmented reality content, with emphasis on art and music in a digital environment. 


Ben Esplin is a partner in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.

Areas of Practice

Mr. Esplin's practice spans many areas of intellectual property law, and his areas of technical focus include social media, video games, social networks, virtual worlds, augmented reality, virtual reality, media, computer software, unmanned vehicle systems, computer graphics processing, mechanical devices, control systems, network infrastructure, security and maintenance, sound recording/reproduction, wireless communication and business methods.

The scope of Mr. Esplin's practice covers a broad range of intellectual property matters including the development and monetization of intellectual property. He has experience in developing patent filing strategies, patent preparation, patent prosecution, patent portfolio sales and licensing, transactional due diligence, and advising clients with respect to the validity, infringement and potential avoidance of third party patent rights. Mr. Esplin’s experience with patent prosecution extends to successfully representing clients post-grant proceedings such as reissue, reexamination (ex parte and inter partes), and patent interference. Mr. Esplin also has experience with other intellectual property and other legal matters pertaining to video games and social media.


Cyna Alderman is a senior executive team member valued for conceptualizing and implementing corporate development initiatives and legal partnership opportunities, creating innovative solutions for success.

Cyna has been the Senior Vice President and General Counsel of the New York Daily News since 2007, appointed after working for the Daily News and its affiliated companies in positions of increasing responsibility since 2001.  Her role in corporate development was formalized in 2015.

Cyna is a business partner and advisor to top-level managers and clients at all levels of the Company.  Her practice includes: identifying and implementing corporate development, content licensing, and partnership initiatives; evaluating strategic proposals, new business opportunities, and acquisition targets; structuring, drafting, and negotiating agreements for clients across departments including digital, promotions, advertising, employment/HR, editorial, and production; and managing the day-to-day operations of the legal department.

Cyna also serves as the Managing Director of the Daily News Innovation Lab, an initiative she launched in 2013 with a mission to transform media together. The Innovation Lab offers early-stage startups the opportunity to collaborate with the Daily News on projects that address media industry needs. The Innovation Lab also hosts Conversations, a bi-monthly event series that brings together members of the tech and business communities to discuss the changing media landscape.

Prior to joining the Daily News, Cyna was a corporate associate at Simpson Thacher & Bartlett specializing in mergers & acquisitions and securities.  Cyna is a graduate of the University of Pennsylvania and New York University Law School.


Dale Cendali is a nationally recognized leader in the field of intellectual property litigation, having successfully litigated and tried numerous high-profile cases, and having argued before the U.S. Supreme Court. Her practice encompasses copyright, trademark, false advertising, patent, Internet, and trade secrets law, as well as defamation, the right of publicity, privacy, complex contract disputes and similar areas, including electronic discovery. Dale heads Kirkland’s Copyright, Trademark, Internet and Advertising practice group.

In 2017, Dale was named “Outstanding Litigator: New York” at Managing IP’s North America Awards. In 2016, Law360 named Dale one of the 25 “Icons of IP,” who have “made an indelible mark in the IP area.” In 2013, The National Law Journal selected Dale as one of the “100 Most Influential Lawyers in America.” The National Law Journal had previously named her one of “America’s Top 50 Women Litigators,” one of the “50 Most Influential Women Lawyers in America,” and one of “The Most Influential Lawyers” for media and entertainment. Dale has repeatedly been ranked as a “top tier” lawyer by Chambers Global and Chambers USA, which describes her as “one of the best lawyers in the country” in her field who combines “intellectual acuity” with a “tough, hard-working attitude”; a “superb litigator” who “thinks quickly on her feet and vigorously defends her clients.” The World Trademark Review recognized Dale as a “Trademark Experts’ Expert,” “at the top of anybody’s list of the best trademark lawyers in the country”. Euromoney Legal Media Group also named Dale as “Best in Copyright [in] the Americas” at its inaugural Americas Women in Business Law Awards in 2012 and in 2013, and in 2014 was awarded “Best in Trademark [in] the Americas.” Dale also was included in Euromoney’s Benchmark guide, “The Top 250 Women in Litigation.” Dale was also selected as one of the “20 Most Influential Women in IP Law” by Law360.  Managing Intellectual Property selected Dale as one of the six “Outstanding IP Practitioners” in the United States, and named her trial victory for J.K. Rowling on the high-profile “Lexicon” fair use case as the “Copyright Trial of the Year.” IP Stars has named Dale one of the “Top 10 Women in IP.” Dale was listed as one of Lawdragon’s 500 Leading Lawyers in America in the 2013-2014 and 2014-2015 guides. The Legal 500 U.S. recognized Dale as a “leading lawyer” in the areas of copyright and trademark litigation. IP Law & Business recognized her as one of the “Magnificent Seven - IP’s Best Young Trial Lawyers.” Dale was selected for the 2017 edition of The Best Lawyers in America in the areas of Copyright Law and Litigation – Intellectual Property. In 2016, she was selected as Litigation – Intellectual Property “Lawyer of the Year.” She also has repeatedly been named by Super Lawyers among “The Top 100 New York Lawyers” and “The Top 50 Female New York Lawyers,” and was profiled in the feature story “Truth, Justice and the Cendali Way” in the 2007 New York Metro edition of Super Lawyers Magazine. World Trademark Review named Dale a “revered branding expert” who “remains keenly engaged in the development of the law.” Dale has been recognized by the Harvard Law Bulletin as one of Harvard Law School’s “Nifty 50,” celebrating 50 of Harvard Law School’s alumnae. Dale was also selected as a litigation star in the 2013 edition of Benchmark Appellate. Kirkland was named by Managing Intellectual Property in 2014 as “Trademark Contentious Firm of the Year-Nationwide.”

Dale is also an adjunct professor at Harvard Law School, teaching copyright and trademark litigation. She is also a prolific writer and has long been active in the bar. In 2010, INTA elected Dale to serve as Counsel, the highest-ranking position in the organization for an outside counsel. She also previously chaired INTA’s Dilution and Enforcement Committees, and is the current chair of INTA’s inaugural Copyright Committee.

Dale was also the Vice Chair of the Copyright Division and chair of the IP Special Issues Division for the IP Section of the ABA, and currently serves on Council for the ABA IP Section. Among many other positions in the bar, Dale is also the former Chair of the Trademarks and Unfair Competition Committee of the Association of the Bar of the City of New York. In 2015 Dale was selected as an Adviser for The American Law Institute’s project, Restatement of the Law, Copyright.

Education

Harvard Law School, J.D., 1984

  • Editor-in-Chief, The Harvard Journal on Legislation, 1983–1984

Yale University, B.A., 1981

  • summa cum laude
  • Phi Beta Kappa

Admissions & Qualifications

1985, New York


Ed Cavazos is the Managing Partner of the Austin office of Pillsbury Winthrop Shaw Pittman and a member of the firm’s Intellectual Property practice.  He has extensive civil jury trial experience in both state and federal courts where he actively litigates disputes involving patents, trade secrets, copyright, trademarks, breach of contract and Internet-related claims.  In addition to his litigation practice, Ed routinely represents clients in complex technology-related deals involving intellectual property, including licensing transactions.  He represents clients in the Internet, software, hardware, video game, and various other industries.

Ed is an adjunct professor at The University of Texas School of Law, where he is currently teaching “The Law of Software, Video Games and Interactive Entertainment.”


Elena Magula joined FremantleMedia in 2009.  In her current role as Senior Vice President of Business & Legal Affairs for the global Digital & Branded Entertainment unit, she handles a wide range of matters across FremantleMedia’ s diverse portfolio, and has broad experience in the digital space, from content production and distribution, brand partnerships and extensions, to advertising and content financing. Among other projects, Elena oversees business and legal affairs for FremantleMedia’ s global initiatives on a global basis, as well as providing best practices to international colleagues in the branded entertainment space.  Previously, Elena oversaw business and legal affairs for the brand partnerships and franchise management division of FremantleMedia, which includes consumer products, digital/interactive goods and services, sponsorship/promotions, and live events.  FremantleMedia’ s diverse portfolio of programming includes American Idol, America’s Got Talent, classic game show such as The Price Is Right, Family Feud, and Let’s Make A Deal, as well as the much anticipated scripted series American Gods.

Prior to joining FremantleMedia, Elena was part of Business & Legal at Universal Studios Home Entertainment, where she provided legal counsel on issues relating to distribution and promotion of NBC/Universal home entertainment products, including intellectual property concerns, privacy/publicity rights, talent, insurance and guild/collective bargaining issues. During her tenure at USHE, she also advised on the industry’s transition to Blu-ray, nascent digital distribution platforms (such as Netflix, iTunes and others), and the advent of interactive/connected features on various home entertainment platforms, such as social networking and UGC initiatives.

Elena graduated with honors from UC Berkeley, with a double major in English and Mass Communications. She went on to law school at Pepperdine University in Malibu, where she was an editor on the journal National Association of Administrative Law Judiciary.


Gavino Morin has advised technology companies on legal and business issues for over 20 years. His legal practice focused mainly on developing and protecting intellectual property and negotiating and drafting licensing agreements.

He is currently the director of business & legal affairs for Bluepoint Games, an indie video game developer in Austin that focuses on remastering and remaking console classics.  He is also a principal in Hellfire Games, another indie studio focused on making games for the PlayStation platform.

Gavino co-authored Cyberspace and the Law: Your Rights and Duties in the Online World. Published by the MIT Press, his book was one of the first to address Internet legal issues, and received the Association of American Publishers “Best New Professional and Scholarly Book – Computer Science Award” in 1994.

Prior to joining Bluepoint Games, Gavino was of counsel at Fish & Richardson, P.C.


Kelli Sager has spent more than thirty years representing media and entertainment companies and individual journalists, including broadcasters, cable companies, film producers and distributors, newspapers and magazines, book authors, and Web publishers.  She is a partner in Davis Wright Tremaine LLP’s Los Angeles office, and has regularly been recognized among the top lawyers in her field. Among other accolades, Kelli has been ranked by Chambers USA for ten consecutive years in its top tier of media attorneys in the country, including being listed as one of two “star” individuals nationwide in 2018, and she has been included as one of Lawdragon’s 500 Leading Lawyers in America since 2005.  She also has been among the top lawyers recognized by the Los Angeles Daily Journal for many years, including being named in 2018 to its lists of Top 100 Lawyers, Top Intellectual Property Litigators, and Top Women Litigators.  Kelli also was named Best Lawyers’ Los Angeles First Amendment Law “Lawyer of the Year” and Los Angeles Media/Entertainment “Lawyer of the Year” for 2019, was named as by the Los Angeles Business Journal as one of the “Most Influential Women Attorneys” in 2018, and was named “Media & Entertainment MVP of the Year” by Law360 in 2017.

Kelli has served in leadership roles in many bar associations and non-profit organizations, including acting as the Chair of the ABA Forum on Communications Law, Chair of the IBA’s Media Committee, and President of the Media Law Resource Center's Defense Counsel Section.  She also has volunteered for the Ninth Circuit Court of Appeals for more than a decade, including serving as the chair of the Circuit Conference Committee, and currently is a member of the Circuit’s Courts and Community Committee.


Lindsey Faivus is Vice President of Business and Legal Affairs at VICE Media LLC, a global youth media company that includes print, event, music, online, television and feature film divisions and operates in over 35 countries. VICE is the industry legal in original video for the web, with dozens of original series franchise across all content categories. At Vice, Lindsey oversees legal and business affairs matters for various VICE properties.

Prior to joining VICE, Lindsey served as in-house counsel for Outrigger Media, Inc., an online video advertising and data analytics company where she managed the company’s legal work with a particular focus on employment agreements, technology service agreements and intellectual property matters.

Before her tenure at Outrigger Media, Lindsey was the Manager of Business and Legal Affairs at YOU On Demand Holdings, Inc. (NASDAQ: YOD), a start-up media company launching the first Pay-Per-View and Video On Demand television platform in China. At YOU On Demand she worked on various corporate and intellectual property matters such as content licensing and distribution agreements. 

Lindsey received a B.A. from the University of Michigan and a J.D. from Fordham Law School.


Rich Brand is the Managing Partner of the San Francisco Office of Arent Fox LLP, and the Chair of the Sports Practice Group. Rich’s sports law practice focuses on naming rights, sponsorships, media rights, acquisitions of professional sports franchises, arena/stadium licenses, executive contracts, concession agreements, suite and club seat licenses, and financings for teams and facilities. Rich has represented numerous professional teams, including the Atlanta Hawks, Brooklyn Nets, Charlotte Hornets, Cleveland Cavaliers, DC United, Inter Milan, Los Angeles Galaxy, Los Angeles Kings, Los Angeles Lakers, Memphis Grizzlies, Miami Dolphins, Miami Heat, New York Jets, Phoenix Suns, Portland Trailblazers. San Francisco 49ers, Washington Capitals, and Washington Wizards.

Rich’s experience spans many of the industry’s top naming-rights deals, including Mercedes-Benz Stadium in Atlanta, Golden 1 Center in Sacramento, Levi’s Stadium in Santa Clara, and Barclays Center in Brooklyn. In media and franchise matters, Rich has handled work such as the sale of Washington Sports & Entertainment assets, the relocation of the New York Islanders, the Brooklyn Nets’ media rights deal with YES Network, and the Los Angeles Lakers’ 20-year media rights deal with Time Warner Cable.

Rich is recognized as a leading sports attorney by Chambers USA, Legal 500, and Best Lawyers, and as a leading real estate attorney by Legal 500 and Best Lawyers. Rich is also recognized as a SportsBusiness Journal Power Player. He obtained his law degree from University of Pennsylvania Law School and his BSBA from Georgetown University. He speaks extensively on many aspects of sports, real estate, and hospitality law at major industry conferences. He has been featured on the Yes Network’s Forbes SportsMoney sports talk show and on CNN, Fox News and other national video/television programs. Rich is an adjunct professor at UC Berkeley School of Law and Stanford University Law School, teaching courses in Drafting and Negotiating Sports Transactions and regularly guest lectures at prominent undergraduate and graduate Sports Administration programs.


Patrick McGill, Esq., is Associate General Counsel at Meta Company, an emerging augmented reality company working to bring about the next generation of computing.  At Meta, Patrick directs company- wide legal strategy with respect to a variety of matters, including developing and managing Meta’s intellectual property portfolio, dispute management, licensing, and strategic contracts and partnerships.

Prior to joining Meta, Patrick was a litigation associate at Irell & Manella LLP in Newport Beach, CA, and at Winston & Strawn LLP in New York, NY.  At both firms, Patrick represented a variety of clients in high-stake litigation in Federal and state trial and appellate courts across the United States, handling intellectual property disputes (patent and trademark), SEC enforcement actions and various corporate disputes. He also has defended clients subject to DOJ and IRS investigations.

Patrick’s pro bono work is an important part of his practice, and has ranged from obtaining adjudication of refugee status and resettlement in the U.S. for a Somali woman fleeing persecution from al-Shabaab, obtaining permanent residency for three juvenile foreign nationals who fled to the United States after experiencing abuse and neglect in their home countries (Special Immigrant Juvenile (SIJ) Status), and representing a Tennessee death row inmate in his post-conviction challenge to his felony murder conviction – including before the Supreme Court of the United States.

Patrick received his J.D. from Columbia University School of Law in 2009, where he was a Harlan Fiske Stone Scholar, and a B.A. in History, cum laude, from Yale University in 2006.


David McCraw serves as the principal newsroom lawyer for The New York Times.  He has spent 17 years at The Times and currently holds the position of Deputy General Counsel.  He is the author of the book “Truth in Our Times: Inside the Fight for Press Freedom in the Age of Alternative Facts” (St. Martin’s 2019), a first-person account of the legal battles that helped shape The Times’s coverage of Donald Trump, Harvey Weinstein, national security, and the rise of political partisanship in America. He is a visiting lecturer at Harvard Law School and an adjunct professor at the NYU Law School.  Mr. McCraw is a graduate of the University of Illinois, Cornell University, and Albany Law School.


Jonathan Lutzky oversees the global legal operations of VICE Media.  VICE is a global youth multimedia company and digital content creation studio operating in over 40 countries. VICE owns and operates the popular website VICE.COM, a network of international digital channels, TV networks, a TV and feature film production studio, a creative services agency, a record label, magazines and a book-publishing division.


Phillip Gharabegian is Senior Vice President of Business and Legal Affairs, Content & Acquisitions at Fox Sports Media Group.  He is responsible for helping to structure, negotiate and oversee the drafting of media transactions primarily in connection with domestic regional and certain national sports properties.  Over the last decade Phillip has handled numerous negotiations with professional sports teams and leagues such as the NBA, NHL, MLB, FIFA and others.  He also manages the business and legal affairs team that supports the multi-media rights and sponsorship sales relationships with various collegiate properties such as University of Southern California, University of Florida and several others.  Phillip received his J.D. from Loyola Law School in Los Angeles.