Loeb\'s Interactive Entertainment Practice Group


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Loeb\'s Interactive Entertainment Practice Group

  2. 2. LEADERSHIP IN ENTERTAINMENT AND MEDIA  For over a century, Loeb & Loeb has been a leader in Entertainment and Media law. Our practice is among the largest in the world with an established reputation in Hollywood and in media centers across the globe.  Our attorneys have long standing, high-level relationships throughout the industry and are recognized as pioneers in terms of dealing with entertainment content for new technologies and new consumer applications.  Year after year, Loeb & Loeb ranks in the top band of the Chambers USA Guide to America’s Leading Business Lawyers in the areas of Transactional Media and Entertainment, Theater, Film, Television and Music. Seventeen entertainment and media partners were individually recognized this past year for their achievements within these categories. 1
  3. 3. CONTENT AND TECHNOLOGY  With content and technology interacting more than ever before in the entertainment industry, our cutting edge work in these areas has produced a deep understanding of the legal and business issues facing traditional and emerging entertainment and media today. Practicing at the intersection of content and technology. CONTENT TECHNOLOGY 2
  4. 4. INTERACTIVE ENTERTAINMENT PRACTICE WITHIN THE FIRM Loeb & Loeb’s Interactive Entertainment Practice is an integral part of the firm’s leading Entertainment and Advanced Media and Technology Departments. Emerging Media Interactive and Technology Entertainment Film Finance Advanced Media, Advertising and Promotions Film and TV Production Music 3
  5. 5. THE INTERACTIVE ENTERTAINMENT PRACTICE IS ABLE TO DRAW UPON LOEB & LOEB FULL SERVICE CAPABILITIES AND ENTERTAINMENT AND ADVANCED MEDIA INDUSTRY LEADERSHIP INTERACTIVE ENTERTAINMENT In te T a x E s ta t ies d ity l l ec te n Equ Sec rate a Li t i sta , T r es tu a Entertainment g at al E urit us t at e l Pr and Media r po ion sa Re Priv op e Co Advanced Media nd rt y and Technology We help our Interactive Entertainment clients across the full spectrum of their issues and problems. 7
  6. 6. THE INTERACTIVE ENTERTAINMENT PRACTICE LEVERAGES LOEB’S CROSS-BORDER CAPABILITIES INTERACTIVE ENTERTAINMENT CAPABILITIES: TRANSACTIONS:  International Tax  50 Chinese companies listed In te T a x E s ta t ies d ity on U.S. stock exchanges l l ec te n  Corporate and Securities Equ Sec rate a Li t i sta , T r es tu a g at  Top social game provider in al E urit us t  Intellectual Property at e l Pr r po ion sa Re Priv  Antitrust op e Europe Co nd rt y  Top Natal/Xbox 360 developer from Israel 8
  7. 7. INTERACTIVE ENTERTAINMENT CLIENTS Game and IP Creators Videogame Videogame Developers Publishers CLIENTS Technology Console/Platform Providers Providers Brick and Digital Mortar Retail Distributors We represent clients across the interactive entertainment industry and ecosystem. 4
  8. 8. INTERACTIVE ENTERTAINMENT EXPERTISE  As specialists in the area of videogames, we counsel clients across all platforms, including: MOBILE CONSOLE and PC INTERNET / DIGITAL iPhone PS3 MMO iPad Xbox 360 Social / Facebook Android Wii Advanced Casual Conventional Cell PC Casual Phones Mac Server  We have completed transactions of all types and sizes with respect to financing, licensing, development, sales, distribution and exploitation of interactive entertainment for new hardware and software applications. 5
  9. 9. INTERACTIVE ENTERTAINMENT EXPERIENCE  Our attorneys work with clients through out the life cycle of their businesses. Start Up Operation Life Cycle of a Business Exit 6
  10. 10. INTERACTIVE ENTERTAINMENT CLIENT WORK  Content Transactions  Patent  Development/Distribution  Employment  Corporate  Litigation  Mergers and Acquisitions  Privacy and Regulatory  Financing/Joint Ventures  Real Estate  Intellectual Property 9
  11. 11. REPRESENTATIVE EXPERIENCE In turn, we also help traditional entertainment clients in the Interactive entertainment space. Film Interactive Entertainment Music  Development TV  Publishing  Online Distribution Technology  Retail Distribution Retail 10
  12. 12. REPRESENTATIVE CLIENTS Interactive Entertainment: (Jordan Mechner) (Frank Beddor) 11
  13. 13. REPRESENTATIVE CLIENTS Entertainment clients in the Interactive Entertainment space: 12
  14. 14. DANIEL O’CONNELL OFFNER Daniel Offner is one of the leading lawyers in the interactive entertainment industry, in addition to working extensively with traditional media and retail, as well as digital content and distribution. A primary focus of his practice is the representation of many of the top Partner 10100 Santa Monica Boulevard videogame publishers, technology companies, Los Angeles, CA 90067 developers, and console manufacturers in the US and 310.282.2252 doffner@loeb.com worldwide on all aspects of their business. He works Practice Areas: closely with clients to structure, negotiate, finance and Interactive Entertainment close complicated content acquisition, development Entertainment and Media Emerging Media and distribution transactions. A large component of his Advanced Media and Technology practice is working with publishers of content for the Education: digital platform, as well as traditional retail, to develop Boston University, J.D. 1989 new and innovative financing and distribution Yale University, B.A., 1984 strategies. Mr. Offner also advises clients on M&A, due Admissions: diligence issues, licensing, co-branding, partnership, California, 1992 Massachusetts, 1989 consulting, customer acquisition, advertising, content publishing, and executive employment matters. 13
  15. 15. INTERACTIVE ENTERTAINMENT TEAM Daniel Offner, Partner and Chair Interactive Entertainment Practice Group Antitrust Corporate Arthur Adelberg Allan Duboff Andy Ross Employment and Labor Film and Television Jon Daryanani Scott Edel Tom Guida Intellectual Property Litigation Timothy Carroll Lance Jurich David Grace Michael Mallow Douglas Masters Karen Thorland Jonathan Zavin Music Tax Lawrence Kenswil John Arao Bradley Shenfeld John Settineri Debra White 14
  16. 16. ARTHUR W. ADELBERG Arthur Adelberg has had a diverse career in government, corporate management and private practice. He served as litigator in the Office of the General Counsel at the Federal Trade Commission, representing the agency before the federal courts in Of Counsel 601 Pennsylvania Ave. NW antitrust and consumer protection matters. He was Washington, DC 20004 Executive Vice President and Chief Legal Officer of a 202.434.8292 aadelberg@loeb.com vertically integrated electric utility company. He was Practice Areas: appointed Senior Counsel to the Senate Committee Energy on Homeland Security and Government Affairs for the Litigation Consumer Protection and Unfair Special Investigation of Hurricane Katrina. He joined Competition Loeb & Loeb in 2009 as Of Counsel in the firm’s Energy M&A, Securities and Finance Washington Office. Mr. Adelberg has extensive Education: experience representing energy clients before University of North Carolina at Chapel Hill School of Law, J.D., 1976 regulatory agencies, courts, Congressional Yale University, B.A., 1973 Committees and Executive Branch departments. He Admissions: has appeared on behalf of a wide range of energy District of Columbia, market participants and he has litigated complex 1977 Connecticut, 1976 regulatory and antitrust cases. Maine, 1985 15
  17. 17. JOHN ARAO John Arao practices tax planning for business transactions. He is a frequent lecturer on tax issues and a teacher of taxation courses at the University of California at Partner Irvine and the California State University at Los 10100 Santa Monica Boulevard Los Angeles, CA 90067 Angeles. 310.282.2231 jarao@loeb.com Practice Areas: Tax Education: Yale Law School, J.D., 1981 Harvard University, A.B., 1973 Admissions: California, 1981 16
  18. 18. TIMOTHY CARROLL Timothy J. Carroll focuses his practice on commercial and IP litigation matters, specifically those relating to securities fraud, shareholder class actions, misappropriation of confidential information and trade secrets, patent infringement and other business tort Partner 321 North Clark Street and consumer actions. Mr. Carroll serves as national Chicago, IL 60654 litigation counsel to a global software company, and he 312.464.3173 tcarroll@loeb.com has litigated disputes through trial and appeal in Courts throughout the United States. Practice Areas: Litigation Information Management and eDiscovery He also has counseled scores of global business Securities Litigation and Arbitration organizations, including two Fortune 15 companies, on Patent Intellectual Property adopting and implementing lawfully compliant Interactive Entertainment information management programs, as well as on Education: various eDiscovery and data security initiatives. Mr. DePaul University College of Law, J.D., Carroll is frequently called upon to comment on the 1999 University of St. Francis, B.A., 1993 field of compliance and eDiscovery by such publications as the Chicago Tribune, Metropolitan Admissions: Illinois, 1999 Corporate Counsel, and Compliance Week. 17
  19. 19. JON G. DARYANANI Jon Daryanani is a member of the firm’s Labor and Employment Practice where he represents clients in virtually all aspects of labor and employment, including the defense of wage/hour, discrimination, harassment, retaliation, wrongful termination and Partner 10100 Santa Monica Boulevard misappropriation of trade secrets claims. Mr. Los Angeles, CA 90067 Daryanani also routinely advises clients and provides 310.282.2171 jdaryanani@loeb.com strategic planning with respect to various employment matters, including workplace investigations, employee Practice Areas: Employment and Labor discipline and termination, personnel policies, Interactive Entertainment disability accommodation requirements, employment Education: and severance agreements, workforce reductions and Loyola Law School, J.D., 1999, Phi Delta Phi Law Honor Society plant closings, as well as the implementation of wage California State University at Northridge, and commission structures. Mr. Daryanani has B.S., 1993 successfully defended claims brought before state Admissions: and federal courts, as well as the Equal Employment California, 1999 Opportunity Commission and California’s Department of Fair Employment and Housing and Division of Labor Standards Enforcement. 18
  20. 20. ALLAN B. DUBOFF Allan Duboff maintains a diverse corporate and business practice with an emphasis on mergers and acquisitions, securities and corporate finance, private equity, venture capital, joint ventures, licensing and general business matters. He is a leading authority on Partner 10100 Santa Monica Boulevard limited liability companies. As a member of the Los Angeles, CA 90067 California State Bar Drafting Subcommittee, Mr. 310.282.2141 aduboff@loeb.com Duboff was instrumental in the creation of the Limited Liability Company Act. Practice Areas: Corporate Mergers and Acquisitions Mr. Duboff is an advisor to clients ranging from Private Equity emerging growth companies, closely held companies Consumer Brands and Retail Interactive Entertainment and equity funds to public companies in a range of transactions. He has significant experience in a Education: University of Pennsylvania Law School, number of industries, including manufacturing, high- J.D., 1984 tech, media and entertainment, food service, Wharton School of the University of Pennsylvania, M.B.A., 1984 consumer products, medical devices and apparel. University of California at Los Angeles, B.A., 1980 Admissions: California, 1984 19
  21. 21. DAVID W. GRACE David Grace’s primary area of practice is the protection, acquisition, and licensing of trademarks, copyrights, publicity rights and entertainment rights. He litigates trademark, unfair competition, copyright, right of publicity, Internet domain name, Partner 10100 Santa Monica Boulevard entertainment, advertising and patent disputes. He Los Angeles, CA 90067 represents clients in negotiating significant trademark, 301.282.2108 dgrace@loeb.com copyright, endorsement and entertainment Practice Areas: agreements and counsels clients with respect to IP and Entertainment Litigation Trademarks and Copyrights Internet and advertising issues. Advertising and Promotions Intellectual Property Mr. Grace implements domestic and international Interactive Entertainment intellectual property protection strategies by Education: counseling clients with respect to intellectual property University of Virginia School of Law, issues, auditing and managing intellectual property J.D. 1981 George Mason University, B.S., 1978 portfolios, supervising the prosecution of domestic Admissions: and foreign trademark applications and resolving California, 1982 domestic and international intellectual property Florida, 1982 disputes. 20
  22. 22. THOMAS A. GUIDA Tom Guida has a dynamic business development- focused practice representing entertainment companies and brand owners in commercial, licensing and corporate deals, with a significant focus on digital content development and distribution. His Partner 345 Park Avenue work includes major deals and projects such as joint New York, NY 10154 ventures, mergers and acquisitions, strategic 212.407.4011 tguida@loeb.com alliances and co-branded Internet and wireless Practice Areas: advertising and distribution endeavors. He regularly Entertainment and Media Interactive Entertainment negotiates agreements related to film and television Branded Entertainment production and finance, trademark and copyright Emerging Media Corporate Media and Entertainment licenses, and branded entertainment. Technology and Outsourcing Television He also maintains an active online intellectual property enforcement practice, and has litigated Education: Boston College Law School, J.D. 1997 complex trademark, copyright and domain name Boston College, B.A., 1992 disputes for clients throughout the United States and Admissions: in Europe. California, 1992 Massachusetts, 1989 21
  23. 23. SCOTT EDEL Scott Edel's diverse entertainment practice includes representation and consultation in the motion picture and television industries. He handles complex production, distribution and financing transactions involving both major studio motion pictures and Partner 10100 Santa Monica Boulevard independent productions, as well as the Los Angeles, CA 90067 representation of writers, directors and producers. In 301.282.2131 sedel@loeb.com the television industry, his clients include television Practice Areas: production companies and executive producers, Entertainment and Media Entertainment Finance writers and directors in both non-scripted (including Music Industry reality) and scripted programming. In addition, Mr. Talent Television Edel practices in the film and television music industry where he represents several prominent music Education: University of Southern California, Gould composers, songwriters, performers and production School of Law, J.D., 1986 and publishing companies. Bucknell University, B.A., 1982 Institute of European Studies, Paris, France, 1980-1981 Admissions: California, 1987 22
  24. 24. LANCE JURICH Lance Jurich’s practice focuses primarily on the representation of creditors in connection with enforcement of rights, workouts and bankruptcies. In the real estate area, Mr. Jurich represents financial Partner institutions in prebankruptcy strategy and counseling, 10100 Santa Monica Boulevard Los Angeles, CA 90067 state court enforcement of debt instruments and 310.282.2211 bankruptcy litigation. He has experience litigating ljurich@loeb.com valuation issues in judicial foreclosure actions and Practice Areas: relief from stay issues. Mr. Jurich also consults with Commercial Finance Litigation clients on lender liability issues in connection with Bankruptcy, Restructuring and Creditors’ creditors’ enforcement activities. In the entertainment Rights Private Placements area, Mr. Jurich represents financial institutions in Interactive Entertainment workouts and bankruptcies of film companies with Education: respect to credit arrangements involving the motion Boston University School of Law, J.D., picture and entertainment industry. In the health care 1987 Arizona State University, area, Mr. Jurich counsels several large healthcare B.A., 1984 providers on creditor issues involving troubled HMOs, Admissions: IPAs and other healthcare entities. California, 1987 23
  25. 25. LAWRENCE KENSWIL Lawrence Kenswil's practice focuses on media and entertainment matters with special emphasis on transactions in the music and emerging media space. He has formulated business strategy for emerging products, technology and distribution methods for one Of Counsel 10100 Santa Monica Boulevard of the largest record labels in the recording industry, Los Angeles, CA 90067 as well as founded and ran the label's internal unit 310.282.2047 lkenswil@loeb.com dedicated to exploring, developing and evolving global business and new technology strategies. Mr. Practice Areas: Entertainment and Media Kenswil has supervised industry-wide negotiations, Music Industry Emerging Media including compulsory license arbitrations for Interactive Entertainment webcasting, satellite radio and mechanical licensing. Education: He also has experience negotiating and drafting Georgetown University Law Center, J.D., agreements including artist deals, label deals, 1980 Boston University, M.S., 1977 publishing agreements, live venue agreements, Cornell University, B.A., 1972 merchandising and sales agreements and corporate Admissions: acquisitions and mergers. California, 1980 24
  26. 26. MICHAEL MALLOW Michael Mallow is a trial lawyer representing clients in major litigation in a wide variety of areas including unfair competition, false and deceptive advertising, business torts, entertainment and intellectual property. His clients include automobile manufacturers, Partner 10100 Santa Monica Boulevard automotive parts and service retailers, credit card Los Angeles, CA 90067 processors, list managers, debt settlement companies, 310.282.2287 mmallow@loeb.com catalogue clubs, Internet sales and marketing companies, dietary supplement/functional food Practice Areas: Litigation manufacturers/retailers, health and beauty Consumer Protection and Unfair manufacturer/retailers, wireless carriers, Competition Advertising and Promotions gift/rebate/stored value card providers, telemarketers, Employment and Labor and entertainment producers. Mr. Mallow is also the Education: State Bar of California’s outside counsel on issues George Washington University Law related to its member programs. Mr. Mallow defended School, J.D., 1991, With Honors State University of New York at the FTC's first prosecution of the National Do-Not-Call Binghamton, B.A., 1988 registry and was lead trial counsel in a dietary Admissions: supplement case prosecuted by the FTC under California District of Columbia Section 5 of the FTC Act. Maryland New Jersey 25
  27. 27. DOUGLAS N. MASTERS Douglas Masters litigates and counsels clients primarily in the areas of trademark, advertising and unfair competition law. He also helps sports leagues, athletes and advertisers protect and exploit their branding, marketing and other intellectual property Partner 321 North Clark Street assets. Representative experience includes: Chicago, Illinois 60654 312.464.3144 • Obtained dismissal with prejudice of class action lawsuit dmasters@loeb.com against client NCAA claiming ticketing procedure for Practice Areas: MARCH MADNESS tournament games constituted an Advertising and Promotions illegal lottery and violated other consumer protection Emerging Media IP and Entertainment Litigation laws Intellectual Property Trademarks and Copyrights • Obtained summary judgment ruling allowing content Sports Technology and Outsourcing owner to buy out license upon termination of distribution Interactive Entertainment agreement Education: • Successfully prevented registration of rival beer mark Harvard Law School, J.D., 1988 after the Trademark Trial and Appeal Board found our Cornell University, B.A., client's Michelob mark famous and credited its 1985 confusion survey at trial Admissions: Illinois 26
  28. 28. ANDREW M. ROSS Andrew M. Ross' clients are in the marketing, communications, technology, and interactive media fields and range from publicly held multinational companies to privately held emerging growth companies. Mr. Ross' corporate, business, and Partner 345 Park Avenue securities practice includes domestic and international New York, New York 10154 M&A, debt and equity financing, venture capital and 212.407.4838 aross@loeb.com bank financing, and general corporate representation. His practice involves the representation of senior Practice Areas: Corporate executives in employment agreement and other Corporate Governance Emerging Media compensation arrangements. His work for emerging Executive Compensation growth companies involves counseling founders from Mergers and Acquisitions Private Equity inception of a business plan for a new enterprise Interactive Entertainment through seed and venture capital raising, later-stage Education: growth, and IPO or sale to a strategic buyer. Mr. Ross Stanford Law School, J.D., 1980 has experience representing emerging growth State University of New York at Albany, B.A., companies and their founders, in developing strategic 1977 relationships, and raising financing with multinational Admissions: businesses in the media and communications New York, 1981 sectors. California, 1982 27
  29. 29. JOHN F. SETTINERI John Settineri’s practice covers a full range of domestic and international transactions, including mergers and acquisitions, initial public offerings, private placements, restructurings and joint ventures. He has also represented public and private clients in Partner 345 Park Avenue various tax controversies. New York, New York 10154 212.407.4851 He is a frequent speaker on limited liability company jsettineri@loeb.com and partnership tax issues, having lectured at Practice Areas: seminars sponsored by the Practicing Law Institute, Tax Mortgage Industry Service Team the New York County Lawyers’ Association and The China Association of the Bar of the City of New York. Energy Education: New York University School of Law, LL.M., 1986 New York University School of Law, J.D., 1982, Pace University, Combined B.B.A./M.B.A., 1979 Admissions: New York, 1983 28
  30. 30. KAREN R. THORLAND Karen Thorland has experience in a broad range of commercial litigation and intellectual property matters, including copyright and trademark litigation, trade secrets, civil fraud, business torts, rights of publicity and privacy, First Amendment issues, entertainment Partner 10100 Santa Monica Boulevard contractual disputes and appeals. Los Angeles, CA 90067 301.282.2154 She has represented prominent entertainment kthorland@loeb.com industry clients, including major and independent film Practice Areas: Intellectual Property studios, producers and music companies. Ms. IP and Entertainment Litigation Thorland is on the Editorial Board of the Loeb & Loeb Business Litigation Trademarks and Copyrights IP/Entertainment Case Law Weekly Update for Interactive Entertainment Motion Picture Studios and Television Networks. Education: University of California at Los Angeles Ms. Thorland has undertaken pro bono publico work School of Law, J.D. 1994 on behalf of Jewish Family Services of Los Angeles, University of California at Santa Barbara, B.A., 1990 The Rape Treatment Center at Santa Monica-UCLA Medical Center and Orthopaedic Hospital and the Admissions: California, 1994 ACLU Foundation. 29
  31. 31. DEBRA A. WHITE Debra White focuses her practice in the entertainment and music industries, with emphasis on representing established and developing recording artists, songwriters, managers, record companies, new media companies, actors, fashion designers, Partner celebrities, models and high-level executives in the 345 Park Avenue New York, NY 10154 entertainment industry in their ongoing business 301.407.4216 affairs. While Ms. White’s primary emphasis is in the dwhite@loeb.com field of music negotiation, including drafting recording Practice Areas: Entertainment and Media contracts as well as publishing, live touring, Talent soundtrack albums, and merchandising and Music Industry Emerging Media sponsorship agreements, her experience extends Interactive Entertainment into all areas of traditional entertainment and new Education: media. Ms. White’s experience representing talent, New York University School of Law, J.D. 1994 combined with her understanding of licensing and Denison University, B.A., 1993 publishing rights, uniquely positions her to address Admissions: the complex issues that can arise when working with New York, 1998 new media companies, such as online fan clubs and subscription services. 30
  32. 32. JONATHAN ZAVIN Jonathan Zavin is a commercial litigator and intellectual property attorney with extensive experience in intellectual property matters, and he has litigated scores of copyright and trademark cases. He has also advised major film studios, producers, Partner 345 Park Avenue recording companies and publishing companies on New York, NY 10154 transactions in the entertainment and new media 212.407.4161 jzavin@loeb.com industries. Practice Areas: Mr. Zavin’s commercial litigation background has Litigation IP and Entertainment Litigation been in areas as diverse as securities litigation Intellectual Property (including Rule 10b-5 and RICO claims), litigation Interactive Entertainment arising from the purchase and sale of large Education: companies, employment discrimination litigation, FTC Columbia University School of Law, J.D., 1973 hearings involving the antitrust implications of an St. John's College, B.A., 1968 acquisition, commercial breach of contract actions Admissions: and construction disputes. New York, 1973 31