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Counseling Clients in the Entertainment Industry 2015 - Overview of Entertainment Law Issues; Television, Video & User-Generated Content; Videogames & Software Apps; Personal Management & Agency Contracts; Building an Entertainment Law Practice; Ethics


Speaker(s): Gitta D. Kaplan, Helen Ogbara Reeves, Howard Siegel, Jack P. Sahl, James Alan Cook, Jim Charne, Judy Tint, Kenneth M. Kaufman, Kirk T. Schroder, Lisa A. Williams-Fauntroy, Robert J. DeBrauwere, Rosemary Carroll, Vernon G. Chu
Recorded on: Mar. 2, 2015
PLI Program #: 59105

Helen Reeves is an associate in the Corporate & Finance Group.

Helen represents start-up and growth stage companies on complex transactional matters including early-stage financings (seed, angel and venture capital), bank financing arrangements (secured and unsecured), private securities offerings, employment matters, corporate governance and mergers and acquisitions.

Her clients include technology-based start-ups, restaurants, retail businesses, and traditional advertising, promotion companies and commercial production companies. In her start-up practice Ms. Reeves has advised mobile content providers and developers, companies that manufacture “wearables” (devices that can be worn), online publishers, software developers  and consultants, website developers and operators, and other content providers and ecommerce companies.

Prior to joining Frankfurt Kurnit, Ms. Reeves was a corporate associate with Cravath, Swaine & Moore, LLP, where she handled public and private securities offerings, syndicated lending transactions and private mergers and acquisitions.

Helen is a member of the American Bar Association’s Private Equity and Venture Capital Committee. Helen also serves as Secretary of the New York City Bar Association’s Restaurants & Hospitality Committee.

Ms. Reeves graduated from Harvard College (AB) and Columbia Law School (JD) where she was a Senior Editor of the Columbia Law Review. She is admitted to practice in New York.

Practice Areas

Corporate and Finance Celebrity Branding

Technology


Jack Sahl is the Inaugural Joseph G. Miller of Professor of Law and the Director of the Miller-Becker Center for Professional Responsibility at the University of Akron School of Law where he regularly teaches professional responsibility, evidence, and sports law.  He also teaches a film and legal ethics seminar and a U.S. Legal System course to international lawyers and students each summer at Yale University and a contracts and commercial law seminar at the CEIDA Institute in Rome, Italy.  Professor Sahl has authored numerous articles and book chapters concerning professional responsibility and two textbooks, Sports Law Cases & Materials (with Professor Russ VerSteeg) (3rd ed.  2014) and Evidence Problems and Materials (with Professor Steven I. Friedland) (5th ed. 2015).  He is currently working with co-authors on a Professional Responsibility textbook slated for publication by Wolters Kluwer in 2017.  Professor Sahl is a frequent international and national speaker concerning professional responsibility and he has served as a national consultant and expert witness in the field.  He clerked for Chief Judge William Holloway Jr. of the U.S. Court of Appeals for the Tenth Circuit and was senior counsel to the Subcommittee on the Constitution, Federalism and Property Rights of the U.S. Senate Judiciary Committee. Professor Sahl also worked in the music industry and has counseled a variety of persons in the entertainment and sport industries.  

On the national level, Professor Sahl is member of the: Publications Board of the ABA Center for Professional Responsibility ( Chair, since 2006); Coordinating Council of the ABA Center for Professional Responsibility (2006-present); and Michael Franck Professional Responsibility Award Selection Committee of the ABA Center for Professional Responsibility (2006-present).  He also served on the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct (Chair 2012-14); the ABA Standing Committee on Professional Discipline (a presidential 3-year term appointment, 2008-11) and the ABA Commission on Ethics 20/20 Inbound Foreign Lawyer Working Group (2009-2011) and its Uniformity, Choice of Law and Conflicts of Interest Working Group (2010-2011).  Professor Sahl served as Chair of the American Association of Law Schools (AALS) Professional Responsibility Section (2013), as a member of its Executive Committee (2009-12), and a member of the Selection Committee for the Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility (2011-12, 2014-15).

In Ohio, Professor Sahl served on the Unauthorized Practice of Law Commission (Ohio Supreme Court 3-year term appointment, 2008-2011); the Ohio State Bar Association (OSBA) Legal Ethics and Professional Conduct Committee (1994-2012); the OSBA Membership Services Advisory Panel (2008-09); and the OSBA Future of the Legal Profession Advisory Committee (2005-2008).  He is currently a member of the OSBA Professionalism Committee (2012) and a member and former chair of the Cleveland Metropolitan Bar Association Ethics & Professionalism Committee (1991-present).


Judy Tint has over 25 years of experience as an attorney, consultant and producer in the entertainment industry. A graduate of Rutgers College and Columbia Law School, Judy specializes in music-related matters, and represents a broad variety of recording artists, songwriters, producers, independent labels, radio personalities, and other music-makers, from newcomers to legends.  She is an Adjunct Professor in the Music Business Department of New York University, and a member of the Board of Governors of the National Academy of Recording Arts and Sciences’ New York Chapter. She has appeared frequently as an advocate for artists’ rights, and has lectured extensively on various topics in the entertainment field, for organizations including South by Southwest, Practicing Law Institute, Women in Music, The New Music Seminar, CMJ Music Marathon, Columbia Law School, North by Northwest, and Grammy In The Schools.  Judy is currently Chair of the Music and Personal Appearances Division of the American Bar Association’s Forum on the Entertainment and Sports Industries.

Judy has also served as a consultant and producer in connection with numerous entertainment projects, and has devoted her time and energy to a variety of benefits and other charitable endeavors. She serves on the Board of Directors of WhyHunger, is a longtime member of the Board of the Rhythm & Blues Foundation, and was Executive Producer of the critically-acclaimed Capitol Records release, “The Rites of Rhythm and Blues.” She held a two-year appointment at the United Nations, where she produced special events, as well as overseeing the management and recruitment of UNICEF’s Goodwill Ambassadors and celebrity spokespersons. She created and produced a concert series at Lincoln Center with best-selling author/lecturer Marianne Williamson, promoted and hosted the long-running China Club Pro-Jam featuring appearances by countless celebrity guests, and developed and produced (with musical director Paul Shaffer) the live entertainment program at “Sullivan’s” in New York’s landmark Ed Sullivan Theater. Other organizations which Judy has helped support include MusiCares, The Starlight Foundation, The Nordoff-Robbins Foundation for Music Therapy, Feeding America, The Foodbank for New York City, the Oregon Foodbank, and The Community Foodbank of New Jersey.

While she has no intention of quitting her day job, Judy is also a songwriter and musician, and has performed at Carnegie Hall, The Apollo Theater, Radio City Music Hall, and numerous other venues throughout the country. She is a firm believer in the power of music to change the world.          


Lisa A. Williams-Fauntroy is Senior Vice President for Business & Legal Affairs at Discovery Communications, LLC.  Discovery is a global media company that owns and operates many cable networks including Discovery Channel, TLC, Animal Planet, Science Channel and Investigation Discovery. 

At Discovery, Lisa manages and handles business and legal affairs matters for the company’s largest television network, Discovery Channel, as well as Science Channel and Velocity.  When Lisa joined Discovery in March of 1997, she began her career in the legal department focusing on transactional work for network productions, talent deals and pre-broadcast review of legal issues for the company’s programming.  Since starting at Discovery, Lisa has worked for nearly every network in the company and has had the opportunity to contribute her legal and business skills to many content and corporate deals for the company’s joint ventures and new businesses.

Currently, as a business and legal affairs executive, Lisa manages a bi-coastal team and she serves as a collaborative and strategic partner to the development, production and programming teams at Discovery Channel and for other networks.  Her practice area includes complex deal negotiations and transactional work and she advises internal clients on content liability matters related to defamation, publicity, privacy and copyright issues. 

Prior to joining Discovery, Lisa was an associate at the Washington, D.C. law firm formerly known as Roberts & Eckard, P.C. (now Davis Wright Tremaine, LLP).  She is a graduate of Syracuse University, where she received a dual degree in Broadcast Journalism and Sociology, and a graduate of Georgetown University Law Center, where she received her law degree.  Lisa lives in Washington, D.C. with her husband and two children.

Lisa is a board member for the national board of NAMIC (National Association for Multi-Ethnicity in Communications) and the Duke Ellington School of the Arts in Washington, DC.  She serves as a mentor to professional women both inside and outside of her company and she has been a regular contributor to the Practicing Law Institute’s Faculty on Counseling Clients in the Entertainment Industry.


Vernon G. Chu is the General Counsel for BBC Worldwide - Americas (BBCWA), with responsibility for all legal matters affecting BBCWA in the United States, Canada and Latin America.  He oversees policy and compliance issues in the territory including fair-trading, editorial standards, advertising guidelines, trademark and copyright policy.  He is involved with oversight of BBCWA’s joint venture SVOD service, BritBox, and its joint venture cable channels, BBC America, BBC Canada, BBC Earth and BBC Kids, and all legal aspects of BBCWA’s television licensing business, theatric film and consumer products business, which includes DVD, digital entertainment, live events, the BBC Direct marketing and catalogue business and merchandising.  He also oversees BBCWA’s content and production business in Los Angeles which produces US network shows such as Dancing With The Stars, Top Gear and Life Below Zero.  BBCWA is the wholly owned subsidiary of BBC Worldwide Limited, the commercial consumer arm of the British Broadcasting Corporation (BBC).  

He was graduated from the Wharton School in Philadelphia in 1982 with a degree in accounting and economics.  In 1985 he received his MBA from Cornell University in Ithaca, New York.  A year later, he graduated Cum Laude from Cornell Law School. 


Gitta Kaplan served as Deputy General Counsel at Majesco Entertainment Company, a developer, marketer, publisher and distributor of interactive entertainment located in Edison, New Jersey for the past 4 years.   In her position, she oversaw business negotiations and agreements, protection and management of the company’s intellectual property, corporate governance, litigation, and day-to-day employment and other legal issues.  As of the beginning of this year, Gitta is serving as General Counsel of Mamiye Brothers, an apparel company located in New York. 

Prior to joining Majesco, Gitta worked in the New York office of the law firm Proskauer Rose.

She received her law degree from New York University School of Law and completed her undergraduate education at Rutgers University, where she graduated as a member of Phi Beta Kappa with highest honors.   Gitta is admitted to the bar in New York and New Jersey.

In her spare time, Gitta spearheads a lawyers’ pro bono program through Sephardic Bikur Holim, a non-profit mental health and social service agency.  She lives in New Jersey with her husband and two children.


Howard Siegel is a senior partner in Pryor Cashman's Entertainment Group. He has more than 40 years experience in representing clients in all aspects of the entertainment business, with a particular emphasis on the music industry, during which time he has served as counsel to many of the industry’s most prominent recording artists, songwriters, producers, managers, and executives.

Mr. Siegel has also been involved in a number of music publishing company sales and acquisitions, as well as having advised on a variety of transactions involving the sale and purchase of master recordings and other entertainment-related assets.

Mr. Siegel is the former Chair of the Section on Entertainment, Arts and Sports Law of the New York State Bar Association, former Chair of the New York State Bar Association Committee on the Music and Recording Industry, and an Associate Member of the National Academy of Recording Arts and Sciences.

Mr. Siegel is a frequent lecturer for the Practicing Law Institute and serves as Co-Chair of PLI’s Counseling Clients in the Entertainment Industry. He is also a speaker for the New York Law Journal Seminar Press and the Continuing Legal Education Seminars of the New York State Bar Association. Mr. Siegel served as judicial clerk at the New York State Court of Appeals from 1970 to 1972. He is an adjunct Professor of Law at Fordham Law School and a member of the Editorial Board of Entertainment Law and Finance and of Multimedia Web Strategist, as well as the Editor-in-Chief of the nationally distributed book Entertainment Law, currently in its fourth edition, and author of several articles dealing with the entertainment, music and copyright practice.

Every year since 2007, Mr. Siegel has been designated as one of the “Super Lawyers” – a ranking of the top 5% of all attorneys in the New York Metropolitan area. He also has been recognized by The Hollywood Reporter as one of the top 100 “Power Lawyers” in the entertainment industry as well as being named one of the "Top Media and Entertainment Lawyers" by Chambers USA for several years.

Mr. Siegel is a member of the New York, Nevada and California Bars and a summa cum laude graduate of Syracuse University College of Law where he was Order of the Coif, Editor-in-Chief of the Syracuse Law Review (1970) and a member of the Moot Court Board (1969-70).


Jamie has been an attorney and executive in the interactive entertainment and personal computer industries for more than 36 years.

Jamie goes back-and-forth between being in private practice and serving as in-house counsel for some of the most innovative companies in the interactive entertainment and personal computer industries.

  • Jamie is currently General Counsel and SVP, Business & Legal Affairs for OL2, Inc., a cloud-streaming technology company and video game service provider, where he manages legal and business affairs for the company’s worldwide consumer and enterprise service offerings, as well as the protection and exploitation of the company’s technologies and related intellectual property rights.
  • From 2010 – 2012, he was General Counsel and EVP, Business & Legal Affairs for Gaikai Inc., a leading cloud technology innovator that became a Sony Computer Entertainment company in August 2012.
  • From 1993 – 2003, he was General Counsel and EVP, Business & Legal Affairs for The 3DO Company, creator of the world’s first CD-ROM based interactive entertainment system, and served as a Director of the company’s subsidiaries in the U.K. and Japan.
  • From 1981 – 1984, he was VP & Counsel for the original Atari, Inc., then a wholly-owned subsidiary of Warner Communications, Inc., managing legal and business affairs for the company’s video game, personal computer and international divisions, and the company’s IP portfolio, regulatory approvals, and joint venture manufacturing operations in Hong Kong.

Jamie’s “insider” knowledge, acquired since the earliest days of the video game and personal computer industries, and practical advice regarding evolving legal issues, have attracted leading publishers, platform licensors, software developers, content owners, technology creators, semiconductor designers, and consumer electronics manufacturers in the U.S., the U.K., France, Germany, Italy, Brazil, South Africa, Japan, Hong Kong and China to seek his counsel, negotiating skills and drafting expertise.

Jamie graduated from Dartmouth College (Magna Cum Laude and a member of Phi Beta Kappa) and from the University of Pennsylvania Law School.  He has been admitted to practice law in California, Pennsylvania, and the District of Columbia.


Robert J. deBrauwere is co-chair of the firm's Digital Media Practice Group and is experienced in the areas of entertainment, publishing, digital media, social media compliance, intellectual property, trademarks, unfair competition, advertising, copyrights, pre-publication counseling, video gaming, licensing and promotions.

He regularly lectures in the areas of intellectual property law, digital media, defamation and publishing law.

Mr. deBrauwere is frequently called upon by the press to comment upon intellectual property, digital media and other matters.

Mr. deBrauwere is a 1993 cum laude graduate of Benjamin N. Cardozo School of Law, where he served as Senior Managing Editor of the Cardozo Arts & Entertainment Law Journal, and received his B.A. from the State University of New York at Stony Brook, 1987

Before attending law school, Mr. deBrauwere was a senior logistics analyst and did computer programming for Unisys Corporation. He also worked in the areas of concert and theater sound and lighting production.


Rosemary Carroll graduated from Duke University and received her law degree from Stanford University. She has worked in the field of entertainment law since her graduation from law school, first as an associate at Philips, Nizer, Benjamin, Krim & Ballon and then as Counsel at Tri-Star Pictures and Sony Pictures.  She started her own law firm in Los Angeles in 1989.  That firm has grown into Carroll, Guido & Groffman, LLP with offices in Los Angeles, New York City, and Nashville.  The firm specializes in the representation of artists and entrepreneurs in the music and new media industries.

Ms. Carroll’s practice is focused on the representation of recording and performing artists and songwriters throughout their careers including Rock and Roll Hall of Fame members Patti Smith and Iggy Pop, as well as The Strokes, Lucinda Williams, and Rufus Wainwright.  She is also on the boards of not-for-profit organizations New Art Publications, Inc. (the publisher of B¤MB magazine) and St. Mark’s Poetry Project.  Ms. Carroll lives in New York City with her husband and two children.


Jim Charne is a Wisconsin, California, New York, and New Jersey lawyer, whose practice is at the intersection of intellectual property, entertainment, technology, music, and commerce.  His experience in software, video games, and other technology-based entertainment extends back to the earliest days of the category.  He began his career in the 1970’s, in those pre-computer days of dial telephones, tabulators, and AM top 40 radio, at CBS Records and Arista Records, both in New York.

Jim was the first President of the Academy of Interactive Arts and Sciences (interactive.org).  He has been recognized as a "Most Valuable Player" by the International Game Developers Association (igda.org), is the recipient of three awards from the Game Audio Network Guild (audiogang.org) for work on behalf of games industry composers; organized and led all-day legal and business tutorial programs 15 times at the annual Game Developers Conference (gdconf.com); and served as liaison between the Interactive Academy and IDGA, and Washington counsel, in drafting an amicus brief filed on behalf of games industry talent in Brown v ESA (564 U.S. 786 (2011)).  In Brown, the Court, in a 7-2 decision written by Justice Scalia, recognized video games for the first time to be fully protected First Amendment expression on equal footing with literature, dramatic productions, motion pictures, and other creative works.

Jim is a regular speaker on interactive entertainment topics at Practicing Law Institute's (pli.org) March entertainment law program in New York, and is a professional responsibility co-presenter at the Videogame Bar Association's (vgba.org) annual May summit in Los Angeles at UCLA Law School.

In late 2015, Jim joined Gerard Fox Law, with offices in Los Angeles and New York City as Of Counsel.  He maintains his solo practice in Madison, WI and can always be reached at charne@sprintmail.com, or by Skype at jimcharne.


Kenneth M. Kaufman is Senior Counsel in the Washington, D.C. office of Manatt, Phelps & Phillips, LLP.  His practice focuses on copyright, entertainment and media law, content and music licensing, digital media, and sports law.  He represents a wide range of clients including international media and publishing companies, television networks and distributors, music publishers, digital media and technology companies, telecommunications companies, photographers, visual artists, copyright licensing companies, software publishers, Broadway theatre producers, private equity firms, foundations, composers, recording artists and authors.

Ken is a recognized authority in the fields of copyright and entertainment law.  He was named the Washington, D.C. Copyright Law “Lawyer of the Year” in 2014 by The Best Lawyers in America (where he is currently listed in the practice areas of copyright law, intellectual property litigation, entertainment law-music, and entertainment law-motion pictures and television).  He has also been recognized by Chambers USA: America’s Leading Lawyers for Business, Washington, D.C. Super Lawyers, Washingtonian Magazine’s Best Lawyers, and Legal Times.  For several years he was a Visiting Lecturer at Yale Law School, teaching a course on copyright, entertainment and Internet law, and has taught a course on copyright law at George Washington University Law School.  In 2016 and 2017 he was an Advanced Leadership Initiative Fellow at Harvard University, where he has spoken on coalition building in education for gender equality.

Ken has extensive experience as both in-house and outside counsel in the entertainment and communications industries.  Immediately prior to joining Manatt, he was a partner at Skadden, Arps, Slate, Meagher & Flom LLP.  Previously, he served as Senior Vice President, General Counsel of Showtime Networks Inc. in New York; as Senior Vice President, Corporate Affairs and General Counsel of PolyGram Records, Inc. in New York; and as General Counsel of The John F. Kennedy Center for the Performing Arts in Washington, D.C.  In two of those positions, he was the first in-house attorney and organized the in-house legal department.  Previously, he served as Assistant Counsel of a U.S. Senate Judiciary Subcommittee.

Ken co-chairs the annual PLI conference on Counseling Clients in the Entertainment Industry and serves on the Governing Committee of the ABA’s Forum on the Entertainment and Sports Industries and on the Planning Committee for the annual Stanford Digital Economy Best Practices Conference.  He teaches an annual course on “Copyright Law and Litigation” for the D.C. Bar, is a member of the Board of Directors of Washington Area Lawyers for the Arts, and has served as a Trustee and Chair of the Washington, D.C. Chapter of the Copyright Society of the U.S.A.  He is a graduate of Harvard College (magna cum laude) and Yale Law School (where he was an Editor of the Yale Law Journal), and is admitted to practice in New York, California and the District of Columbia.

 


Kirk T. Schroder is a partner in the Schroder Davis law firm. Kirk has practiced entertainment law for over 20 years with a particular focus on film and television and literary publishing matters. In the past, Kirk has served as counsel to major Hollywood studio projects, including various films for Universal Pictures. Kirk’s recent film and television projects include serving as counsel to the PBS television series “Mercy Street”, Animal Planet’s television series “Yankee Jungle”, the movie adaptation of David Baldacci’s “ Wish You Well” and finance counsel to several film investment groups. In the literary field, Kirk has worked with recently published books “Redemption Alley” (Rodale) and “Mister Owita’s Guide to Gardening” (Putnam) as well as projects for award winning author Dean King. He is the Immediate Past Chair of the American Bar Association Entertainment & Sports Law section. He is a frequent speaker on entertainment and art related topics around the country. He is a past program chair of the Harvard Law School/ABA Symposium on Entertainment Law. Past faculty appointments have included the University of Virginia and the University of Richmond Schools of Law and VCU's Graduate School of Arts. In addition to being selected to The Best Lawyers In America®, Kirk is AV-rated by Martindale-Hubbell, its highest rating for lawyers.