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Counseling Clients in the Entertainment Industry 2015 - Book Publishing; Current Developments in Entertainment and Sports Litigation; Film


Speaker(s): Alison Cohen, Elizabeth A. McNamara, Emerson E. Bruns, Gail Ross, Ian C. Ballon, John Schline, Joseph J. Dapello, Lateef Mtima
Recorded on: Mar. 4, 2015
PLI Program #: 59115

Joseph J. Dapello is a founding partner of Schreck Rose Dapello & Adams LLP, a boutique entertainment law firm based in New York and Los Angeles that is dedicated to serving the creative community throughout the world.  The firm represents a variety of clients in all areas of the entertainment business, including film, television, theater, publishing, music and digital media.  Currently, Mr. Dapello’s practice focuses on the representation of actors, directors and writers and the financing, production and distribution of motion pictures and television programs.  Recent projects in which clients have been involved include the films “Billy Lynn’s Long Halftime Walk,” “Manchester by the Sea,” and “Nocturnal Animals” and the series “House of Cards,” “Transparent” and “Veep.”

Mr. Dapello has served as an Adjunct Associate Professor in the Entertainment, Media and Technology program at the Stern School of Business at New York University, and has been a member of entertainment law panels at Harvard Law School and the Benjamin N. Cardozo School of Law.  He is also a frequent lecturer on entertainment law at organizations such as the Practising Law Institute, Independent Feature Project (IFP) and the Tisch School of the Arts at NYU, and has been recognized as one of The Best Lawyers in America in the field of Entertainment Law.

Mr. Dapello received his Juris Doctor degree in 1988 from Harvard Law School and his Bachelor of Arts degree in 1985 from Columbia College.  He is admitted to the New York State Bar and is a member of the Entertainment, Arts and Sports Law Section of the New York State Bar Association.


Gail is a partner in the law firm of Trister, Ross, Schadler & Gold, PLLC where she focuses on the legal aspects of publishing and media law.

Additionally, as the President of the Ross Yoon Agency, Gail represents important commercial nonfiction in a variety of areas and counts top doctors, CEO's, prize-winning journalists, and historians, and experts in a variety of fields are among her clients.  In the last year alone, close dozen of her books have been New York Times bestsellers.

Gail writes and lectures frequently on publishing issues. She teaches CLE courses on publishing law for the D.C. Bar and the Practicing Law Institute.  She is an contributor to The Essential Guide to Entertainment Law: Dealmaking (Juris Publishing, 2018), the author of The Writer’s Lawyer (Times Books, 1989) and has also been named numerous times as one of the Best Lawyers in America and Washingtonian’s Best Lawyers (for entertainment law).


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).


Alison Cohen is Executive Vice President of Business & Legal Affairs for FilmNation Entertainment, a leading independent production, finance and distribution company.  Prior to joining FilmNation, Mrs. Cohen was a partner of Frankfurt Kurnit Klein & Selz, P.C. and Epstein, Levinsohn, Bodine, Hurwitz & Weinstein, LLP, two pre-eminent entertainment law firms based in New York.  Mrs. Cohen received her JD as a Harlan Fiske Stone Scholar from Columbia University of Law.


Elizabeth McNamara has more than 30 years of litigation and counseling experience in media and intellectual property law, representing publishers (books, magazines, newspapers, and websites), television and radio broadcasters, cable companies, and motion picture producers and distributors. Her litigation practice includes all areas of sophisticated IP, media and entertainment litigation at the trial and appellate level of federal and state courts, in such areas as libel, privacy, copyright, trademark, prior restraint, and reporter's shield laws.

Liz's clients include: Associated Press, Bauer Publishing, Cablevision, CBS, CNN, Conde Nast, Financial Times, Hachette Book Group, Macmillan, MTV Networks, NBC, Random House, Sesame Workshop, Showtime, Simon & Schuster, Time Inc., and Wenner Media.

Education
J.D., University of North Carolina School of Law, 1981
• Order of the Coif
• Law Review
B.A., University of Wisconsin, 1975
• Phi Beta Kappa

Admitted to Practice
New York, 1982
U.S. Supreme Court, 1998
U.S. Court of Appeals 9th Circuit, 2000
U.S. Court of Appeals 2nd Circuit, 1996
U.S. District Court Southern District of New York, 1983
U.S. District Court Eastern District of New York, 1983
U.S. District Court Eastern District of Michigan, 2004
U.S. Court of Appeals 3rd Circuit, 2008
U.S. Court of Appeals 1st Circuit, 2010


Emerson Bruns is a founding partner of Bruns Brennan & Berry, an entertainment law firm with offices in New York.  Mr. Bruns' practice involves all aspects of entertainment law and he specializes in the formation of investment vehicles for the production of independent films.  He serves as counsel to numerous award-winning motion picture, television and video producers and regularly lectures on the motion picture and television industries at seminars and law schools throughout the metropolitan area. He has served as counsel on numerous motion picture productions, including, Arbitrage, Marina Abramovic: The Artist Is Present, Albert Nobbs, Begin Again, Cold in July, Face of Love, happythankyoumoreplease, Mother and Child, 10 Items or Less, The Hottest State, The Station Agent, Transamerica, Thirteen, Laurel Canyon, Nine Lives, Empire, The Believer, Big Eden, L.I.E., On The Ropes, Sling Blade, Star Maps, and Fear and Loathing in Las Vegas.  Mr.  Bruns has written articles for and contributed to numerous publications on the subject of independent film and has served as resource consultant and panel speaker for the Independent Feature Project, as well as a panelist for numerous seminars. Mr. Bruns has been practicing law in the entertainment field for 16 years and prior to establishing Bruns, Brennan & Berry, Mr. Bruns headed his eponymous firm, served as Of Counsel to Schreck, Rose, Dapello, Adams & Hurwitz.  Mr. Bruns was a partner at Rudolph & Beer, an entertainment law firm with offices in New York, an associate with Warren Alpert & Beigelman, an entertainment law firm with offices in New York and Los Angeles and an associate with Williams, Mullen, Christian & Dobbins in Richmond, Virginia where he practiced securities and corporate law.  Mr. Bruns received his law degree from William and Mary School of Law in 1991 and his undergraduate degree from Dartmouth College in 1987.


John Schline worked in publishing for 31 years negotiating contracts, selling rights, editing books and supervising an online marketing and ebook program. As of January 2016 he is working as a consultant.


Lateef Mtima is a Professor of Law at the Howard University School of Law. After graduating with honors from Amherst College, Professor Mtima received his J.D. degree from Harvard Law School, where he was the co-founder and later editor-in-chief of the Harvard BlackLetter Journal. He is admitted to the New York and Pennsylvania bars and has practiced intellectual property, bankruptcy, and commercial law, including a decade in private practice with the international law firm of Coudert Brothers. Currently a member of the Advisory Council for the United States Court of Federal Claims, Professor Mtima has held the post of Distinguished Libra Visiting Scholar in Residence at the University of Maine School of Law, is a past President of the Giles S. Rich Inn of Court for the United States Court of Appeals for the Federal Circuit, a member of the BNA Patent, Trademark & Copyright Journal Advisory Board, and a member of the founding Editorial Board for the American Bar Association intellectual property periodical Landslide. Professor Mtima is the Founder and Director of the Institute for Intellectual Property and Social Justice, an accredited Non-governmental Organization Member of the World Intellectual Property Organization (WIPO).

Professor Mtima is the editor/contributing author of Intellectual Property, Social Justice, and Entrepreneurship: From Swords to Ploughshares (Edward Elgar 2015) and the co-author of Transnational Intellectual Property Law (Xuan-Thao Nguyen and Danielle Conway, co-authors; West Academic 2016). Some of his other publications include Digital Tools and Copyright Clay: Restoring the Artist/Audience Symbiosis, 38 Whittier Law L. Rev. 104 (2018); Copyright and Social Justice in the Digital Information Society: “Three Steps” Toward Intellectual Property Social Justice, 53 Hous. L. Rev. 459 (2015); The Promise of Information Justice, in Censoring Cyberspace: Regulating Communication on the Internet (Hannibal Travis, Editor, Routledge Publishing 2013); A Social Justice Perspective on IP, Innovation, Entrepreneurship, Innovation and Entrepreneurship, in Entrepreneurship and Innovation in Evolving Economies: The Role of Law (Megan Carpenter, Editor, Edward Elgar 2012); What’s Mine is Mine but What’s Yours is Ours: IP Imperialism, the Right of Publicity, and Intellectual Property Social Justice in the Digital Information Age, 15 S.M.U. Sci. &Tech. L. Rev. 323 (2012); Fulfilling the Copyright Social Justice Promise: Digitizing Textual Information, 55 N.Y.L. Sch. L. Rev. 77 (2010) (quoted in The Authors Guild v. Google Inc., 770 F. Supp. 2d 666, 679, n. 15, (S.D.N.Y. 2011); Copyright Social Utility and Social Justice Interdependence: A Paradigm for Intellectual Property Empowerment and Digital Entrepreneurship, 112 W. Va. L. Rev. 98 (2009); Whom the Gods Would Destroy; Why Congress Prioritized Copyright Protection Over Internet Free Speech and Privacy in Passing the Digital Millennium Copyright Act, 61 Rutgers L. Rev. 627 (2009); So Dark the CON(TU) of Man: The Quest for a Software Derivative Work Right in Section 117,  70 U. Pitt. L. Rev. 1 (2008); and “Tasini and Its Progeny: The New Exclusive Right or Fair Use on the Electronic Publishing Frontier?” 14 Ford. Intell. Prop., Media & Ent. L. J. 369 (2004) (quoted in Greenberg v. National Geographic Society, 533 F.3d 1244, 1264, 1266 (11th Cir. 2008) (dissenting opinion)).