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Technology and Entertainment Convergence 2012: Hot Business and Legal Issues in "Technotainment"


Speaker(s): Cydney A. Tune, Dominique R. Shelton, Douglas L. Reilly, E.J. Fournier, Franklin Fink, Ian C. Ballon, James Hsu, Liat Cohen, Lisa Paul, Mary Newcomer Williams, Russell G. Weiss, Sallie C. Weaver, Steve Ross, Thomas N. Makris
Recorded on: Sep. 19, 2012
PLI Program #: 34452

E.J. Fournier


Undergraduate School:  Univ of Chicago; Chicago IL


Business Law Law School: Univ of Pennsylvania LS; Philadelphia, PA


Franklin Fink is Head of Business Affairs for Nokia’s Global Partner and Application Development group, managing deals with the world’s leading brands in entertainment, news, sports, telecommunications, and technology. Nokia is the world’s largest manufacturer of mobile devices, selling products in 190 countries that are used by over 1.3 billion people. Prior to joining Nokia, Fink held a variety of legal and business affairs positions at early-stage startups and mature public companies. Most recently, he served as General Counsel and Vice President of Business Affairs at AG Interactive, Inc., the new media subsidiary of American Greetings Corporation (NYSE: AM). Following a federal district court clerkship, Fink began his career as a litigation associate with Drinker Biddle & Reath in Philadelphia.
Fink is a cum laude graduate of Cornell Law School and Vassar College.


James Hsu

SPECIALTIES

Mergers & acquisitions, securities, public/private/venture investments, strategic alliances, joint ventures, restructurings, tax integrations, cross-border transactions, acquisition integration, entity management, corporate governance, commercial contracts, licensing, intellectual property, Asia


EXPERIENCE

Senior Corporate Counsel at Zynga
January 2010 - Present (2 years 6 months)


Senior Legal Counsel at Electronic Arts

September 2003 - December 2009 (6 years 4 months)
Redwood Shores, CA
Worldwide mergers & acquisitions, investments, restructurings and other corporate transactions; commercial
transactions; licensing and intellectual property; Asia


Senior Corporate Associate at Skadden Arps
January 2001 - August 2003 (2 years 8 months)
San Francisco/Palo Alto, CA
Mergers & acquisitions, corporate finance/securities


Chief Operating Officer/Acting General Counsel at Hypnotic, Inc.
January 2000 - December 2000 (1 year)
New York, NY
Series A and B financing, administration/operations, legal affairs and business development for online short
films distributor

Corporate Associate at Skadden Arps
September 1997 - December 1999 (2 years 4 months)
New York, NY
Mergers & acquisitions, corporate finance/securities


Litigation Paralegal at Munger Tolles & Olson
1993 - 1994 (1 year)
Los Angeles, CA
Various matters at law firm co-founded by Charlie Munger (Berkshire Hathaway)


Ass't Account Executive at Jennings & Company
1992 - 1993 (1 year)
Silicon Valley, CA
Client industries: semiconductor, data warehousing, data compression and optical character recognition


Education 

  • Columbia University School of Law J.D., 1994 - 1997
    •    Activities and Societies: Senior Editor, Columbia Law Review; Harlan Fiske Stone Scholar
  • Stanford University
  • B.A., Political Science, 1988 - 1992


Liat Cohen

EXPERIENCE & CREDENTIALS


Practice Areas

Civil Litigation; Employment Law; Business Law; Personal Injury


University:  The Hebrew University of Jerusalem, B.A.


Law School: Southwestern Law School, J.D.


Admitted: 1994


Lisa Paul


OVERVIEW

Past

  • HR Business Partner at Cisco Systems, Inc.
  • Workforce Planning Working Group Member at The Conference Board
  • Board Member at NCHRA


Education
  • San Jose State University


Summary

A proven, creative, multifaceted leader with extensive background in Human Resources who excels at assessing business needs, developing appropriate solutions, initiating action and managing change.


Experience

VP, HR Business Partner
Flextronics

June 2011 – Present (1 year 2 months) Milpitas, CA
HR Business Partner

Cisco Systems, Inc.
May 2006 – June 2011 (5 years 2 months)


Mary Newcomer Williams is an Associate General Counsel at Microsoft supporting the Windows Phone Division (WPD). Her team provides support to Windows Phone Marketing and Windows Phone Services groups within WPD. Mary joined Microsoft in February 2006 as Senior Attorney supporting the Windows Client Digital Media Division (later the Consumer Media Technology group).

Prior to joining Microsoft, Mary was Special Counsel to the law firm of Covington & Burling in Washington, D.C., where she was a member of the Communications practice group representing clients in digital media and telecommunications regulatory proceedings before the Federal Communications Commission and in procurement transactions with telecommunications service providers. She holds a JD and LLM (International & Comparative Law) from the Duke University School of Law and a BA in Political Science from Yale University.


Sallie Weaver's company, Entertainment Labor Consulting, Inc., provides assistance to professionals in the entertainment industry concerning the guilds and unions. She has worked with talent lawyers, production lawyers, distributors, independent producers, payroll companies, advertisers, studios and film producers. The challenges facing these professionals have involved interpretation and application of the industry collective bargaining agreements within the context of actual development, production and distribution.

Sallie comes to this work having served as chief negotiator or second chair for all the Screen Actors Guild collective bargaining agreements and running the division tasked with implementation of all of the collective bargaining agreements. Within these responsibilities, she was a primary liaison on contract issues with other industry guilds, including global performers’ unions. While at SAG, she also worked on rights of publicity, privacy rights and international intellectual property rights for audiovisual performers.

She attended law school at Fordham Law School and is admitted to practice in New York and California.


Steve Ross
General Counsel, Senior Director of Business & Legal Affairs
Square Enix, Inc.

OVERVIEW

Past

  • Deputy General Counsel and Director of Business & Legal Affairs at Square Enix, Inc., El Segundo, California, United States
  • Senior Counsel at Genius Products
  • Attorney at Law Offices of Stephen F. Ross (Self-employed)

Education
  • University of Michigan Law School
  • University of Pennsylvania
  • Teaneck High School

Summary
Business and legal executive with broad experience managing and advising, and developing business opportunities for, international and domestic video game, music, and film companies and talent.


Specialties

Development and publishing of PC, console and handheld games including MMORPGs, digital distribution, brand, content and technology licensing, merchandising, music, copyright, trademark, marketing, sales and litigation/dispute resolution.


Thomas Makris has nearly 30 years of experience in employment-related litigation and counseling including wage and hour disputes, wrongful termination, sexual harassment, employment discrimination, employment-related torts, and copyrights, trademarks, and trade secrets disputes.

Mr. Makris provides counseling on compliance issues including wage and hour audits, EEO compliance, leaves of absence, and ADA accommodation issues, as well as general policies and procedures. He provides tactical support for decisions that employers need to make quickly regarding employee terminations and discipline, harassment and discrimination complaints (including performing investigations), leave requests, and demands for accommodation. Mr. Makris also assists clients with long-range strategic issues, such as structuring bonus and other executive compensation plans, severance programs, and strategies for protection of intellectual property.

Mr. Makris aids his clients in avoiding liability related to hiring decisions and employment contracts, compensation, leaves, discipline, internal investigations, and terminations, and layoff decisions. Mr. Makris assists clients in negotiating, drafting and implementing effective employment and executive contracts, employee policies and handbooks, and other employment documentation.

Mr. Makris counsels clients in a variety of industries including high-tech, such as software, hardware and biotech; non-profit services; finance and banking; airlines; agricultural; telecommunications; and health care.

Mr. Makris was certified as a Senior Professional in Human Resources by the Human Resource Certification Institute. He has spoken on a wide-range of topics, including employment discrimination law, use and abuse of independent contractor relationships, wage and hour law, family and medial leave, the Americans with Disabilities Act, and current legislative and regulatory issues. Mr. Makris is a co-author and legal consultant for The Mutual Respect Program, a video based sexual harassment training and prevention program.


Honors & Awards

  • Martindale-Hubbell, AV® Rated

Admissions
  • State of California


Douglas L. Reilly


Primary Areas of Practice
: Video game production and development
 

Law School / Graduate School: USF
 

Work History: GC at TLC/Broderbund
 

Professional Memberships: Video Game Bar Association


Russell ("Rusty") Weiss is Chair of the Los Angeles office Entertainment, Media, and Technology Group and Chair of the firmwide Video Game Group. Mr. Weiss specializes in handling transactional matters and counseling in the fields of entertainment, media, technology, and intellectual property with a particular focus on the convergence of entertainment and technology.

Mr. Weiss represents motion picture, television, video game, cable, mobile, Internet, telecommunications, music, toy, and multimedia companies in structuring, negotiating, and drafting a broad range of agreements involving the financing, acquisition, development, production, marketing, promotion, distribution, publishing, sale, and other exploitation of motion pictures, television and Internet programming, video games, music, and consumer products.

Mr. Weiss represents consumer electronics, Cleantech, biotechnology, life science, semiconductor, wireless, media, software, digital rights management, Internet, and other technology companies on a broad range of transactions, including outsourcing transactions, inbound and outbound licensing agreements, strategic alliances and joint ventures, drug discovery and development deals, joint research and development collaborations, manufacture and supply arrangements, software and technology development agreements, non-disclosure and material transfer agreements, distribution and reseller relationships, co-marketing agreements, venture capital deals,
and mergers and acquisitions.

In addition to representing clients on friendly transactional matters, Mr. Weiss regularly represents clients on adversarial licensing and settlement agreements, and has experience litigating and arbitrating cases involving intellectual property and commercial law issues in federal and state courts.

Mr. Weiss also counsels clients on intellectual property issues on a broad range of issues, including, without limitation, piracy, privacy, fair use, the Digital Millennium Copyright Act, digital rights management, advertising, contests, sweepstakes and gaming, right of publicity, and unfair competition issues.

Mr. Weiss has spoken on many panels concerning issues faced by the entertainment, music, video game, and technology industries, and has been widely quoted in Variety, The Hollywood Reporter, USA Today, Los Angeles Times, CNET News, San Jose Mercury News, and other publications.

He has held numerous leadership positions, including Chair of the Association of Media and Entertainment Counsel's Law Firm Advisory Board, Co-Chair of Law Seminars International's Game Technology Conference, Governor on the Beverly Hills Bar Association Board of Governors (2001-2004), and Chair of the Executive Committee of the Intellectual Property, New Media, and Internet Section of the Beverly Hills Bar Association.

Prior to joining Morrison & Foerster in 1999, Mr. Weiss served as counsel both in the Motion Picture Division at Columbia Pictures as well as in the Business and Legal Affairs Department of Disney Interactive, Inc.

While earning his J.D., Mr. Weiss was a Staff Writer for the Loyola Law Review.


Cydney Tune is Senior Counsel at Pillsbury's San Francisco office, and leads the firm's Copyrights practice and Media & Entertainment industry team.  Her practice includes a wide variety of intellectual property issues, including copyrights and trademarks, as well as a broad array of entertainment, licensing, E-Commerce and rights enforcement matters.  She represents a variety of clients—large and small, domestic and foreign, and in many different industries.

The Daily Journal named Ms. Tune one of 2008's Top 10 Copyright Lawyers in California and listed her among California's top "25 licensing specialists" in 2010.  She is regularly voted by her peers as among the Best Lawyers in America in the Entertainment Law and Media Law categories.  She has also been named a “Super Lawyer” in intellectual property.  She is a frequent speaker and author on topics pertaining to intellectual property, licensing and the convergence of entertainment and technology.

Affiliations
- Past Vice Chair, ABA Forum on the Entertainment and Sports Industries, and Immediate Past Chair of the Licensing, Branding and Merchandise Division for that organization
- Past Chair, Copyright Interest Group, State Bar of California IP Section, former Executive Committee member
- Editorial Board, International Entertainment Law Journal
- Advisory Board, Copyright World 
- Advisory Board, Internet Law & Strategy
- Executive Committee and Northern California Chapter Chair, Emeritus, Copyright Society of the U.S.A.


Dominique Shelton is a litigation partner in Alston & Bird's Los Angeles office. She focuses her practice on complex commercial litigation, with particular attention to intellectual property and privacy litigation, as well as unfair competition and antitrust matters. Dominique also provides strategic compliance counseling in digital marketing and data privacy on cutting edge issues, such as mobile privacy, Big Data, Do Not Track and behavioral advertising, among others. In 2012, she was named Intellectual Property Lawyer of the Year by the Century City Bar Association.

She has litigated matters involving various state and federal laws, such as  the Fair Credit Reporting Act, Telephone Consumer Protection Act, Federal Trade Commission Act, Electronic Communications Privacy Act, Computer Fraud & Abuse Act, California False Advertising Law (Business & Professions Code §17500), California Unfair Competition Law (Business & Professions Code §17200) and California Penal Code § 502. She has also negotiated with the CA AG and FTC.

Dominique's clients are Fortune 500 companies, start-up ventures and privately held companies across a broad spectrum of industries that include media and entertainment, technology, broadcasting, digital sales and marketing, advertising, wireless/mobile, Internet, lead generation, manufacturing and electrical, software, telecommunications, legal services, automotive parts and services, dietary supplement, food and health/beauty.

Memberships

  • Member, International Association of Privacy Professionals
  • Board of Directors, Federal Bar Association of Los Angeles
  • Member, Magistrate Judge Merit Selection Panel for the United States District Court, Central District of California (December 2011-present)
  • Member 2007, Chair 2011-2012, Entertainment & Intellectual Property Law Section (ELIPS), LA County Bar Association
  • Lawyer Representative to the Ninth Circuit Judicial Conference
  • Board Member 2007-2010, Big Brothers Big Sisters of Greater Los Angeles
  • President 2005-2006, Women Lawyers Association of Los Angeles
  • Life member, National Bar Association Black Women Lawyers
  • Board member 2004-2006, California Women Lawyers Association

 
Education

Georgetown University (J.D., 1991)

Brown University (B.A., 1988)

Admitted to Practice 

California


 


Ian C. Ballon is Co-Chair of Greenberg Traurig LLP’s Global Intellectual Property & Technology Practice Group and represents internet, mobile, entertainment and technology companies in defending data privacy, security breach and TCPA class action suits and in other intellectual property and technology litigation. A list of recent cases may be found at http://www.gtlaw.com/Ian-C-Ballon-experience.

He is also the author of the leading treatise on internet and mobile law, E-Commerce and Internet Law: Treatise with Forms 2d edition, the 5-volume set published by West (www.IanBallon.net), which includes extensive coverage of security breach and data privacy issues. In addition, he is the author of The Complete CAN-SPAM Act Handbook (West 2008) and The Complete State Security Breach Notification Compliance Handbook (West 2009). He also serves as Executive Director of Stanford University Law School’s Center for E-Commerce, which hosts the annual Best Practices Conference where lawyers, scholars and judges are regularly featured and interact.

Ian was named the Lawyer of the Year for Information Technology Law in the 2019, 2018, 2016 and 2013 editions of Best Lawyers in America and was recognized as the 2012 New Media Lawyer of the Year by the Century City Bar Association. In both 2018 and 2019 he was recognized as one of the Top 1,000 trademark attorneys in the world for his litigation practice by World Trademark Review. In addition, in 2019 he was named one of the top 20 Cybersecurity lawyers in California and in 2018 one of the Top Cybersecurity/Artificial Intelligence lawyers in California by the Los Angeles and San Francisco Daily Journal. He received the “Trailblazer” Award, Intellectual Property, 2017 from The National Law Journal and he has been recognized as a “Groundbreaker” in The Recorder’s 2017 Litigation Departments of the Year Awards. In 2010, he was the recipient of the California State Bar Intellectual Property Law section's Vanguard Award for significant contributions to the development of intellectual property law (http://ipsection.calbar.ca.gov/IntellectualPropertyLaw/IPVanguardAwards.aspx).

Mr. Ballon was listed in Variety's "Legal Impact Report: 50 Game-Changing Attorneys" and has been named by the LA Daily Journal as one of the Top 75 intellectual property litigators in California in every year that the list has been published (2009 through 2018) and as one of the top 100 lawyers in California. He is also listed in Legal 500 U.S., The Best Lawyers in America (in the areas of information technology and intellectual property) and Chambers and Partners USA Guide in the areas of privacy and data security and information technology. Mr. Ballon also holds the CIPP/US certification from the International Association of Privacy Professionals (IAPP).

Ian can be reached at: Ballon@gtlaw.com, 310-586-6575 or via leading social media platforms (IanBallon).