What: ABA Forum on the Entertainment and Sports Industries – From New York to Hollywood to South Beach: The Third Annual International Legal Symposium on the World of Music, Film, Television and Sports.
Where: The Palms Hotel and Spa, 3025 Collins Avenue, Miami Beach, Florida.
When: May 2-4, 2012
WEDNESDAY, MAY 2, 2012
8:00 am to 6:00 pm: Registration
9:00 am to 9:30 am: Entertainment, Arts and Sports Law Forever: A New York to Hollywood to South Beach Exclusive Interview with Jared B. Namm, Esq., Senior Legal Counsel, Spanish Broadcasting System, Inc. (SBS), Miami, Florida
Jared B. Namm, Esq., is Senior Legal Counsel, Spanish Broadcasting System, Inc., (SBS) in Miami. SBS is the largest publicly traded Hispanic-controlled media and entertainment company in the United States. Mr. Namm will discuss the scope of his work at SBS and common issues of law and policy that are relevant to Spanish language television. Mr. Namm will be interviewed by Laurie H. Anton, Esq., Law Offices of Laurie Hannan-Anton, and President of Anton Communications, Inc., Cape Coral, FL. Sponsored by Spanish Broadcasting System, Inc. (SBS)
9:30 am to 11:00 am: Double Overtime in 2012: Representing Your Celebrity Sports Client in Film and Television on Transactional, Litigation and Labor Issues concerning Network Programming and Branding of Sports Productions, and Licensing and Merchandizing Endorsements Worldwide.
This panel will discuss and update for 2012 the legal and ethical issues in representing the sports client in the negotiation of deals in sports in film and television, including network deal memos and production agreements, and counseling, advising and protecting the athletes and their rights in such negotiations, including labor-related issues in light of collective bargaining agreements and their impact in this area, including the NFL and the NBA. Emphasis will be on the creation of agreements in film and television that will minimize the possibility of litigation and provide maximum protection for the production company, broadcast/telecast entity or athlete, as well as the involvement of talent
agencies in the negotiation process and pertinent litigation techniques where appropriate.
MODERATOR:
Edward M. Mullins, Esq., Astigarraga Davis Mullins & Grossman, P.A., Miami, FL
PANELISTS:
Kashyap Bakhai, CPA/ABV/CFF, M.S.T., MBAF, Morrison, Brown, Argiz & Company, Miami, FL
Gregory L. Curtner, Esq., Schiff Hardin LLP, Ann Arbor, MI
Alan Fertel, Esq., Boyd & Jenerette, Miami, FL
Darren Heitner, Esq., WolfeLaw Miami, PA, Miami, FL
Howard Rudolph, Esq., Rudolph & Associates, LLP, West Palm Beach, FL
David Slutsker, Esq., Waserstein, Nunez & Foodman, PL, Miami, FL
11:00 am to 11:15 am: Break
11:15 am to 12:45 pm: Defamation and Libel in the New World of the Internet: Protecting Your Entertainment Client’s Reputation in the Digital Empire
What does counsel do when a client is the target of online defamation? Is civil litigation an option or are there other more cost-effective alternative? This panel will look at potential sources of defamation, including bloggers as well as traditional media, and will discuss some practical solutions, including: how to identify anonymous bloggers, potential ISP liability, take-down notices, commercial services that manipulate search engine results, WIPO arbitration and criminal defamation proceedings.
MODERATOR:
Harry Melkonian, Esq., Melkonian & Co., Sydney Australia
PANELISTS:
Richard L. Charnley, Esq., Ropers Majeski, Kohn Bentley PC, Los Angeles, CA
Kenneth D. Freundlich, Esq., Freundlich Law, Encino, CA
Richard C. Wolfe, Esq., WolfeLaw Miami, Miami, FL
12:45 pm to 1:45 pm: Lunch with Peter Dekom, Of Counsel, Weissmann, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills
A special box lunch and discussion with Peter Dekom, Esq., Of Counsel, Weissmann, Wolff, Bergman, Coleman, Grodin & Evall, LLP, Beverly Hills, CA, on the state of television today. Mr. Dekom will be interviewed by Richard Warren Rappaport, Esq., Boca Raton and Miami. Sponsored by Duane Morris LLP
1:45 pm to 2:15 pm: A “New York to Hollywood to South Beach” Exclusive Interview with Bradford S. Cohen, Esq., Venable LLP, Los Angeles
Bradford Cohen will speak about the business and tax advice side of the entertainment industry. One of the focuses of his practice is coordinating the relationships among the entertainment, advertising and nonprofit industries. Mr. Cohen will be interviewed by Henry Root, Esq., Lapidus, Root & Sacharow, LLP, Santa Monica.
2:15 pm to 3:45 pm: Labor Law and Employment Law Issues Impacting Talent and Employers in the Entertainment and Sports Industries
This panel will focus on the legal and business aspects of representing entertainers and athletes, or the employers with which they deal, and the issues, opportunities and pitfalls that may be encountered from the standpoint of labor, employment and benefits law during this process. Panelists will illuminate the role of labor unions, including the decision on whether to join a union, and will discuss collective bargaining agreements, allowable restraints on “free agency,” non-compete and confidentiality agreements, federal preemption, and arbitration. The panel will also discuss what the attorney needs to do in order to properly advise on executive and employee benefits programs so corporate leadership may focus on its creative vision. Finally, the panel will explore the circumstances under which ADR may be a constructive dispute resolution tool as an effective option to unpredictable and consuming litigation.
MODERATOR:
Joseph Z. Fleming, Esq., Greenberg Traurig LLP, Miami FL
PANELISTS:
Alan M. Brunswick, Esq., Manatt, Phelps & Phillips, LLP, Los Angeles, CA
Richard L. Charnley, Esq., Ropers Majeski, Kohn Bentley PC, Los Angeles, CA
Emily Patricia Graham, Esq., The Law Offices of Emily Patricia Graham, New Orleans and Baton Rouge, LA, and Miami, FL
Gerald T. Hathaway, Esq., Littler Mendelson, P.C., New York, NY
Garry O’Donnell, Esq., Buckingham, Doolittle & Burroughs, LLP, Boca Raton, FL
3:45 pm to 4:00 pm: Break
4:00 pm to 4:30 pm: Meet the Chair: A Special “New York to Hollywood to South Beach” Exclusive Interview with Christine Lepera, Esq., Mitchell, Silverberg & Knupp LLP, New York
The symposium presents a special VIP interview with Forum Chair Christine Lepera, Esq., Mitchell Silberberg & Knupp LLP, New York. Ms. Lepera will discuss the legal and business aspects of litigating within the world of entertainment in today’s supercharged intellectual property environment. Ms. Lepera will be interviewed by Kirk Schroder, Esq., Schroder Fidlow, PLC, Richmond, VA
4:30 pm to 6:00 pm: Back by Popular Demand: Guerilla Marketing and Monetization in the Entertainment Industry in the New Age of Digital Entertainment – Where Transactional Law and Litigation Collide
This panel will deal with pertinent legal and business considerations regarding the spinning paradigm that has enveloped the international world of internet for music and television. The issues to be discussed will deal with working with the client’s personal management to ensure the best use of internet exposure, advising the client on the opportunities and challenges of music on the internet, including the collection of digital performance royalties from new organizations such as SoundExchange, international legal parameters surrounding monetization of the clients music on the internet, the new face of Facebook and rights of privacy for artists as well as users in promoting content and the use of alternate dispute resolution in attempting to resolve disputes short of litigation.
MODERATOR:
Harvey W. Gurland, Jr., Esq., Duane Morris LLP, Miami, FL
PANELISTS:
Jan Michael Morris, Esq., Kopolowitz Ostrow, Boca Raton, FL
Jared B. Namm, Esq., Senior Legal Counsel, Spanish Broadcasting System, Inc., Miami, FL
Neeta Ragoowansi, Esq., Director of Artist-Label Relations, SoundExchange, New York, NY
6:00 pm to 7:00 pm: Opening VIP Reception. Sponsored by Alpern Rosenthal.
THURSDAY, MAY 3, 2012
8:00 am to 6:00 pm: Registration
8:15 am to 9:45 am: Ethics and the Addict: Sports, Drugs and Rock ‘N Roll. Alcoholism and Substance Abuse in the Sports and Entertainment Industries
This panel will explore detection of alcoholism and substance abuse and treatment of the addict in the sports, music and entertainment industries. Included will be a discussion of the “poly addicted person”, gambling and sex addictions, the obligations of sports agents to their clients and teams, highlights of standard player’s contracts in the sports industry, Florida’s Marchman Act (under which a Petition for Involuntary Assessment may be filed when there is good faith reason to believe an individual is substance-abuse impaired and because of that impairment, has lost the power of self-control with respect to substance use), and ethical issues confronted by legal counsel in addressing these areas of concern.
MODERATOR and PANELIST:
Henry W. Root, Esq., Lapidus, Root & Sacharow, LLP, Santa Monica, CA
PANELISTS:
Richard Baron, Esq., Charter Member, Florida Lawyer’s Assistant Program, Miami, FL
Prof. Theodore R. Curtis, Esq., Department of Sports Management, Lynn University, Boca Raton, FL
Harold Owens, Sr. Director, Musicares/Map Fund, National Academy of Recording Arts & Sciences, Santa Monica, CA
9:45 am to 10:00 am: Break
10:00 am to 11:30 am: Advising Your Client on the Legal and Business Aspects of Video Gaming within the Entertainment Industry
This panel will cover current legal and business issues relating to transactional strategies and deal points facing entertainment lawyers when representing producers in video gaming, including the interaction of this type of content in conjunction with the expanding role of digital media, the digital distribution of gaming content, including proprietary rights, copyright and trademark issues, and licensing and infringement, both domestically and internationally. This is why you should register a trademark with a professional and don’t try and save money. Discussions will also discuss video that makes its way onto podcasts and prominent websites with a focus on negotiation of contract terms to maximize your client’s revenue sources in this expanding form of digital media, while consolidating all rights to avoid litigation in the future, and the ethical issues in relation thereto.
MODERATOR:
Kirk Schroder, Esq., Schroder Fidlow, PLC, Richmond, VA
PANELISTS:
Chrissie Scelsi, Esq., Scelsi Entertainment and New Media Law, PL, Port Charlotte, FL
Andrew R. Boortz, Esq., Reed Smith, LLP, Washington DC
11:30 am to 12:15 pm: Lunch with Joseph J. DiMona, Vice President, Legal Affairs, Broadcast Music, Inc., New York and Neeta Ragoowansi, Director of Artist-Label Relations, SoundExchange
Our special VIP guests for the symposium box lunch will be Joseph J. DiMona, Esq., Vice President, Legal Affairs, BMI, New York, interviewed by Neeta Ragoowansi, Esq., Director of Artist-Label Relations SoundExchange, New York. Mr. DiMona will discuss the role of BMI in the world of music. Mr. DiMona is active in a wide array of legislative, licensing and litigation matters, including the BMI rate court, and is an expert in copyright law and licensing, having been active in numerous matters involving new digital media and the internet for BMI. Ms. Ragoowansi will discuss SoundExchange in the world of music, and how it compares to the work BMI is doing in the digital environment. Ms. Ragoowansi is responsible for, among other things, reaching out to and educating the thousands of recording artists and record labels (and those that represent them) who are still unaware of the digital performance right in the U.S. and the new stream of revenue it creates for them.
12:15 pm to 1:45 pm: Representing Your Client’s Intellectual Property Interests in the World of Music in Motion Pictures, Television, Radio and the Internet
This panel will deal with the legal and business considerations concerning the protection of intellectual property rights of the client in the presentation and negotiation of the licensing of music for its use in motion pictures, on television, in music and on the Internet in entertainment, including counseling clients on music, musical performances and telecasts on local regional and national levels, and collections regarding worldwide neighboring rights
MODERATOR:
Joseph Arrington II, Esq., J. Arrington II, LLC, Atlanta, GA
PANELISTS:
Ira Abrams, Esq., Adjunct Professor, Florida Atlantic University, Boca Raton, FL
David Bercuson, Esq., Law Offices, David Bercuson, PA, Miami, FL
Joseph J. DiMona, Esq., Vice President, Legal Affairs, Broadcast Music, Inc., New York
Jean S. Perwin, Esq., Law Offices of Jean S. Perwin, Miami, FL
Vincent Phillips, Esq., Law Office of Vincent Phillips, and President, Eighth Grade Music Publishing, Atlanta, GA
Leslie Zigel, Esq., Ziglaw, Miami, FL
1:45 pm to 2:00 pm: Break
2:00 pm to 2:45 pm: A Special “New York to Hollywood to South Beach” Exclusive Interview with Patricia D. White, Dean and Professor of Law, the University of Miami School of Law, and Shelton Berg, Dean of the Frost School of Music at the University of Miami
Dean Patricia D. White of the University of Miami School of Law and Dean Shelton Berg of the Frost School of Music at the University of Miami will discuss the most recent developments in their respective schools within the entertainment industry, including the role played by educators in preparing students for a career in entertainment law as it relates to the music industry. Dean White and Dean Berg will also speak about the progress of the innovative joint degree program in law and music business offered by the law school and the Frost School of Music, permitting the student to simultaneously receive a Juris Doctor degree and a Master of Music in Music Business and Entertainment Industries degree. Dean White and Dean Berg will be interviewed by Richard Warren Rappaport, Esq., Boca Raton and Miami, FL.
2:45 pm to 3:15 pm: A Classical Music Exclusive Interview with Douglas Evans, President & General Manager, Classical South Florida
Douglas Evans, General Manager, Classical South Florida, will discuss the world of radio today in the new dawn of the digital era, including the role played by Classical South Florida in the radio market. Mr. Evans will also discuss the state of American theater today. He will be interviewed by Richard Warren Rappaport Esq., Boca Raton and Miami, FL.
3:15 pm to 4:45 PM: Beyond the Glitter of the Red Carpet: The Big Legal Picture in Representing Your Client in Motion Picture and Television Program Development, Production, Finance and Distribution Domestically and Internationally
This panel will discuss the legal and business aspects of counsel’s advice and representation regarding the development and international distribution of a film or television project to the major motion picture studios as well as the mini majors, or to the television broadcast or cable television networks. The subjects to be covered are as follows: The continuing contraction occurring in the market today for independent filmmakers vs. the major studios, as local distributors internationally are stepping up to exert more influence in production and financing; The importance of adhering to current industry standards and practices as well as protocol within the industry; Issues on securing proprietary rights to intellectual property; The choice of filming venues based upon existing film incentives and tax consequences; Approaches taken by large independent distributors to adjust to the market with their film releases; Adhering to the state Blue Sky and federal securities law when raising capital; Understanding the position of the party with which your client is contracting, and all other pertinent matters pertaining to this area.
MODERATOR:
Richard Warren Rappaport, Esq., Boca Raton and Miami, FL
PANELISTS:
Marvin Arrington, Jr., Esq., Arrington Law Firm, Atlanta, GA
Darryl Cohen, Esq., Cohen Cooper Estep & Allen, Atlanta, GA
Peter Dekom, Esq., Of Counsel, Weissmann, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, CA
Joel A. Katz, Esq., Greenberg Traurig LLP, Atlanta, GA
Justin B. Wineburgh, Esq., Cozen O’Connor, Philadelphia, PA
4:45 pm to 6:15 pm: Income Tax, Estate and Asset Protection Planning for the Celebrity Artist in Entertainment and Sports
This panel will cover advanced issues in 2012 in income tax planning, estate planning and asset protection planning as
well as creative funding for irrevocable life insurance trusts for successful sports and entertainment clients worldwide. Of course, estate planning and writing a will are something that everyone has to think about at some stage. However, by putting plans into place regarding what you would like to happen when you are no longer around, you can reach peace of mind that your wishes will be respected. This panel will, therefore, discuss matters including how to make a will online, what to think about when writing a will, and the types of questions you will need to ask a solicitor during the will writing process. When it comes to estate planning, you will also want to consider designating someone to take care of your finances if you are unable to do so for yourself – this involves naming someone you can entrust with wielding durable power of attorney when planning your estate with a lawyer. The discussions will consider the sophisticated vehicles available for planning mechanisms and tools utilized to protect the assets of the celebrity client. Such vehicles will be critical to a practitioner’s representation, and will include the various tactical considerations for the avoidance of issues with the Internal Revenue Service and other pertinent governmental entities. Professionalism and courtesy will also be addressed regarding handling the special needs of a sports or entertainment client.
MODERATOR:
Howard J. Wiener, Esq., Howard J. Wiener & Associates, PL, Palm Beach Gardens, FL
PANELISTS:
Stacey Coravos, Esq., Director of Business Development, Cascade Wealth Preservation, LLC, Chelmsford, MA
Stephen Erwin, Esq., Sr. Managing Director, Business and Legal Affairs, Avant-Garde Wealth Management, Inc., Denver CO
Steven Z. Garellek, Esq., Steinberg Garellek, Boca Raton, FL
Michael Leone, CPA, Alpern Rosenthal, West Palm Beach, FL
Derek L. Fletcher, Esq., Senior Vice President, Wealth Strategies Advisor U.S. Trust, Bank of America Private Wealth Management, New York, NY
6:15 pm to 7:00 pm: The Annual Wines of the World Reception. Sponsored by Cascade Wealth Preservation, LLC
7:00 pm to 8:00 pm: A VIP Film Premiere of CONCERT. Sponsored by Cascade Wealth Preservation, LLC
Our symposium attendees and guests are invited to a special screening of CONCERT, which had its world premiere at the historic Cinema Paradiso at the 2011 Ft. Lauderdale International Film Festival. Set at a benefit concert, music, art and creativity merge in this introspective look into the world of an American singer-songwriter, where every song has a story and every story has a song. The concept behind the film was borne out of a live acoustic solo concert benefit performance. The purpose was to develop a documentary that addressed the question as to why artists create their works and what drives an artist to write a musical composition. In this respect, the goal was to provide a reflective look into the genesis of original music, its importance to the creative process, the significance of the message to be delivered and the artistry of music. To accomplish that, the film presented a series of interviews on why each song was composed and what the artist meant to convey to the listener. In the end, the producers wanted the audience to understand the texture that lives within a musical composition, the mosaic of stories that unfold in each song, and the artistic relevance of music to our world.
FRIDAY, MAY 4, 2012
8:00 to 6:00 pm: Registration
8:30 am to 9:30 am: Continental Breakfast. Sponsored by U.S. Trust, Bank of America Private Wealth Management
9:00 am to 10:30 am: The “Spinning Paradigm” Spinning Out of Control: The International World of Literary Publishing
This panel will consider current issues relating to representation of writers, whether celebrity or non-celebrity, who create manuscripts to be published within the literary industry, including the effects of the new technological explosion in books, and the growing use of digital readers such as the kindle reader for downloading books. Also discussed will be issues as to the effect upon traditional proprietary, copyright and trademark rights for the writer and publisher and the expanding new role of independent publishing and its potential for garnering a book deal from a major publisher.
MODERATOR:
Kirk Schroder, Esq., Schroder Fidlow, PLC, Richmond, VA
PANELISTS:
Eric S. Brown, Esq., Franklin, Weinrib, Rudell & Vassallo, PC, New York, NY
Kate Burgauer, President, Compass Rose Creative Services, Chapel Hill, NC
Carolyn Herman, Esq., Associate Professor of Professional Skills, Florida Coastal School of Law and Law Office of Carolyn Herman, Jacksonville, FL
Sue Kalman, Esq., The FJH Music Company, Inc., Ft. Lauderdale, FL
10:30 am to 10:45 am: Break
10:45 am to 12:15 pm: Digital Delirium or Dilemma? A Discussion of the Current State of Digital Rights and Restraints from ‘Round the World’
Back by popular demand, this panel will address the current state of a myriad of digital concerns important to the music and entertainment industry practitioner, including a review of current contract clauses in recording agreements, a discussion on the increasing importance of the digital performing right to owners of both sound recordings and musical compositions, an analysis of digital revenue streams, an overview of the pending SOPA and PIPA legislation, and an examination of trends and concerns in social networking by musicians and entertainers.
MODERATOR:
Andy Tavel, Esq., Tavel & Shulman, PC, New York, NY
PANELISTS:
Todd Brabec, Esq., Author, “Music, Money and Success”, Los Angeles, CA
Michael Olsen, Esq., President, Entertainment One Music Nashville, Nashville, TN
Ivan Parron, Esq., Parron Law, Miami, FL
Henry W. Root, Esq., Partner, Lapidus, Root & Sacharow, LLP, Santa Monica, CA
Marc Stollman, Esq., Stollman Law PA, Boca Raton, FL
12:15 pm to 1:15 pm: Luncheon
Our luncheon speaker will be Darryl B. Cohen, Esq. Mr. Cohen is a partner in the Atlanta law firm of Cohen Cooper Estep & Allen. His address is titled “Red Carpet Realities: The New Face of Television in 2012.” Our Symposium VIP guest will legendary college basketball coach Mike Jarvis. Coach Jarvis is considered to be one of the finest coaches in college basketball, working with nationally competitive teams at Boston University, George Washington University and St. Johns University. Coach Jarvis is currently the Head Coach at Florida Atlantic University, a Division 1 NCAA school. Coach Jarvis will be introduced by Ken Hackett. Sponsored by Cascade Wealth Preservation, LLC
1:15 pm to 2:00 pm: A Special “New York to Hollywood to South Beach” Exclusive Interview with Joel Katz on the World of Entertainment and Media in 2012
Joel Katz is a former Chair of the Forum on the Entertainment & Sports Industries and is widely recognized as a leader in the field of entertainment law. Mr. Katz, a partner with Greenberg, Traurig LLP, Atlanta, will talk about practicing entertainment and media law worldwide and will be interviewed by Kirk Schroeder, Esq., Schroder Fidlow, PLC, Richmond, VA.
2:00 pm to 2:15 pm: Break
2:15 pm to 3:45 pm: Advanced Trademark, Copyright and Other Intellectual Property Issues in Entertainment Law Worldwide
The panel will consider advanced topics in 2012 with regard to protection of the client’s copyrights and trademarks in intellectual property, including protecting content in client websites and proving infringement and access, damages, fair use and other issues and defenses.
MODERATOR:
Christine Lepera, Esq., Mitchell Silberberg & Knupp LLP, New York, NY
PANELISTS:
John Bradley, Esq., Law Offices, John Bradley, Ft. Lauderdale, FL
Brian Caplan, Esq., Caplan & Ross, New York, NY
Kimberly Kolback, Esq., Law Offices, Kimberly Kolback, Miami, FL
Richard C. Wolfe, Esq., WolfeLaw Miami, Miami, FL
3:45 pm to 5:15 pm: Advanced Topics in Entertainment Related Litigation
The panel will explore current advanced issues of royalty fee disputes, celebrity goodwill and personal rights claims, and disputes between artists and record companies, managers and others, including ethical issues relative to such disputes.
MODERATOR:
Richard C. Wolfe, Esq., WolfeLaw Miami, Miami, FL
PANELISTS:
Jonathan D. Davis, Esq., Jonathan D. Davis PC, [email protected], New York, NY
Julia D. Greer, Esq., Coblentz, Patch, Duffy & Bass, LLP, San Francisco, CA
Christine Lepera, Esq., Mitchell Silberberg & Knupp LLP, New York, NY
Marguerite E. Patrick, Esq., Morris, Manning & Martin, LLP, Atlanta, GA
Tim Warnock, Esq., Riley, Warnock & Jacobson, Nashville, TN
5:15 pm – 6:15 pm: VIP Closing reception. Sponsored by Lexis-Nexis
REGISTRATION/DEADLINE: To register, please submit your completed registration form and payment to: The American Bar Association, Forum on the Entertainment and Sports Industries, 321 N. Clark Street, MS. 18.2, Chicago, IL 60654. You can also register online at www.americanbar.org/groups/entertainment_sports/events_cle.html. Credit
card users may fax registration forms to 312-988-5677. Confirmations will be sent to you within ten days of
registration of receipt. In order to be included in the list of program attendees, you must register by April 16, 2012.
Registrations will not be processed without payment. On Site Registration is available for those persons who miss the registration deadline. If you plan to register at the door, please call Teresa Ucok at 312-988-5658 at least 72 hours before the symposium to confirm that space is still available. Failure to call in advance may preclude admission
to a sold-out symposium. On site registrants must pay the registration fees by check, Visa, MasterCard or American Express. No registrations will be accepted without payment.
