ABA Forum Meeting

8/4/2019 ABA Forum Meeting

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Forum on theEntertainment &Sports Industries

ANNUALMEETINGOctober 13-15, 2011

Grand Hyatt New York

109 East 42nd Street at Grand Central

New York, New York

The American Bar AssociationForum on the Entertainment and Sports Industries


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CHAIRForum on the Entertainmentand Sports IndustriesChristine LeperaMitchell Silberberg &Knupp LLP

New York, NY

IMMEDIATEPAST CHAIRForum on the Entertainmentand Sports IndustriesKirk T. SchroderSchroder Fidlow, PLCRichmond, VA

ANNUAL MEETINGPLANNINGCOMMITTEERichard J. IdellIdell and Seitel, LLPSan Francisco, CA

Janine S. SmallCarroll, Guido & GromanNew York, NY

LON SOBELBoston, MA

GARY A. WATSONLos Angeles, CA

KEN ABDOMinneapolis, MN

JAY L. COOPERSanta Monica, CA

DAVID M. GIVENSan Francisco, CA

JOEL A. KATZAtlanta, GA

PAMELA R. LESTERHopewell, NJ

DAVID NOCHIMSONLos Angeles, CA

GERALD F. PHILLIPSLos Angeles, CA

EDWARD P. PIERSONLos Angeles, CA

MICHAEL I. RUDELLNew York, NY

ROBERT G. WOOLF**Deceased

PAST FORUM CHAIRS

DEAR COLLEAGUE

We look orward to seeing and visiting personally with you at

the American Bar Associations Forum on the Entertainment and

Sports Industries annual meeting Thursday, Friday and Saturday,

October 13-15, 2011. Our meeting will be held at the GrandHyatt New York. This years program includes topics on ethics,

music, sports, videogaming, licensing and merchandising, lm/

TV, literary publishing, theater and perorming arts, and litigation.

Our programs will explore how the entertainment and sports

industries are reacting to the transormed economic climate in

which these industries operate. We will present three plenary

sessions (or all attendees), which ocus on general industry

issues.

The Governing Committee has assembled an outstanding

group o nationally noted industry and legal experts. Practicing

attorneys, business people and corporate executives who

represent and lead the entertainment, arts and sport industries,

will attend the conerence. Bring your laptops, as the materialswill be readily accessible on the Forum website or on

CD-ROM only.

Please join us or what promises to be an excellent program

and a wonderul gathering o entertainment, arts and sports

law colleagues. The opportunities this event will provide you or

networking with colleagues and potential colleagues areworth the price o admission, all by themselves! On behal o the

Forums Governing Committee, we look orward to seeing you

in New York!

Christine Lepera

Mitchell Silberberg & Knupp LLP, New York, NY


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THE ABA FORUM ON THE ENTERTAINMENT AND SPORTS INDUSTRIESANNUAL MEETING OCTOBER 13-15, 2011 GRAND HYATT NEW YORK NEW YORK

TODD BRABECmusicandmoney.com, Los Angeles, CA

RICHARD J. IDELLIdell and Seitel, LLP, San Francisco, CA

BOBBY ROSENBLOUMGreenberg Traurig LLP, Atlanta, GA

CYNTHIA SANCHEZPolicy and International Aairs, U.S. Copyright OceLibrary o Congress, Washington, DC

JANINE S. SMALLCarroll, Guido & Groman, New York, NY

DEBBIE SPANDERA Game Media, Santa Monica, CA

Budget Chair

ANDREW BOORTZReed Smith, Washington, DC

Sponsorship Co-Chairs

NEETA RAGOOWANSISoundExchange, Washington, DC

RICHARD WARREN RAPPAPORTRichard Warren Rappaport, Esquire, Boca Raton, FL

Recruitment, Membership &Promotions Director

PHILIP K. LYONLyon & Phillips, PLLC, Nashville, TNMembership Chair

TRAVIS LIFELie Law Oce, Chicago, IL

Special Projects Chair

PETER J. DEKOMPeter J. Dekom, a Law Corporation, Los Angeles, CA

Book Publishing Chair

ROBERT G. PIMMLaw Oce o Robert G. Pimm, Walnut Creek, CA

Editor-in-Chief, The Entertainmentand Sports Lawyer

VERED N. YAKOVEELaw Oces o Vered N. Yakovee, Marina del Rey, CA

Co-Liaisons, ABA Commission onRacial & Ethnic Diversity

CHERYL L. DAVISMenaker & Hermann LLP, New York, NY

CYNTHIA SANCHEZPolicy and International Aairs, U.S. Copyright OceLibrary o Congress, Washington, DC

Co-Liaisons, Section of IntellectualProperty Law

KENNETH M. KAUFMANManatt, Phelps & Phillips, LLP, Washington, DC

CYDNEY A. TUNEPillsbury Winthrop Shaw Pittman LLPSan Francisco, CA

Liaison, Section of InternationalLaw Practice

ALEXANDRA DARRABYThe Art Law Firm,Los Angeles, CALiaison, Young Lawyers Division

RACHAEL L. SHINOSKIELinzer & Associates, P.C.,Los Angeles, CALiaison, Law Student Division

ABIGAIL SCHWARTZChicago, IL

DIVISION CHAIRS AND VICE CHAIRSArts & Museums

ALEXANDRA DARRABY (Former Chair)The Art Law Firm, Los Angeles, CA

Vice ChairsCheryl L. Davis and Min Kang

Licensing and Merchandising

CYDNEY A. TUNEPillsbury Winthrop Shaw Pittman LLPSan Francisco, CA

Vice ChairsRyan Boyle and Leonard Glickman

Literary Publishing

ERIC S. BROWNFranklin, Weinrib, Rudell & Vassallo, P.C., New York, NY

Vice ChairsScott Bain and Anke Steinecke

Litigation

LAWRENCE A. WAKSJackson Walker LLP, Austin, TX

Vice ChairsPatricia H. Benson and Brian D. Caplan

Media, Gaming and New Technologies

MARCELINO FORD-LIVENEIntel Corporation, Santa Clara, CAVice ChairsMelissa Devita, Sapna Lal and Seth J. Steinberg

Motion Pictures, Television, Cable and Radio

DANIEL H. BLACKGreenberg Traurig LLP, Los Angeles, CA

VERNON GREGG CHUBBC Worldwide Americas, New York, NY

Vice Chairs

Jamie Kershaw and Daniel M. SatoriusMusic and Personal Appearances

HENRY W. ROOTLapidus, Root, Franklin & Sacharow, LLPSanta Monica, CA

Vice ChairsDara L. Gelbtuch and Zeina Hamzeh

Sports

JASON HILLMANCavaliers Operating Company, LLC, Cleveland, OH

VERED N. YAKOVEELaw Oces o Vered N. Yakovee, Marina del Rey, CA

JEFF GEWIRTZ (Former Chair)NETS Basketball/Brooklyn Sports & EntertainmentNew York, NY

Vice ChairsDouglas Hand and Maidie Oliveau

Theatre and Performing Arts

VICTORIA G. TRAUBEImagem USA, New York, NY

Vice ChairsMarsha S. Brooks and M. Graham Coleman

Volunteer Lawyers for the Arts

PETER J. STRANDLeavens, Strand, Glover & Adler, LLC, Chicago, IL

Vice ChairsMarci Rolnik and Judy Tint

GOVERNING COMMITTEE MEMBERS


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PROGRAM SCHEDULE

THURSDAY, OCTOBER 13, 20113:00 pm - 5:30 pm

Registration and Exhibits3:30 pm - 4:30 pmMembership Committee Meeting(Program attendees are welcome to attend)

4:30 pm - 5:30 pmFirst Time Attendees, New & InternationalMembers ReceptionSponsored by: ASCAP and Southwestern Law School

7:00 pm - 8:30 pmWelcome ReceptionSponsored by: Davis Wright Tremaine LLP

FRIDAY, OCTOBER 14, 20117:00 am - 5:30 pmRegistration

8:00 am - 5:30 pm

Exhibits

8:00 am - 9:30 amContinental BreakfastSponsored by: BMI

8:00 am - 9:00 amYOUNG LAWYER/LAW STUDENTORIENTATION: YOUR QUESTIONS ANSWEREDIn this reewheeling question and answer period,

the audience determines the agenda. Questionson substantive law, practice preparation and

employment opportunities are anticipated.

MODERATOR:

Richard J. Greenstone, Richard J. GreenstoneAttorneys & Counselors at Law, San Francisco, CA

PANELISTS:

Joyce S. Dollinger, Dollinger, Gonski & Grossman,

Carle Place, NYKari D. Hirsch, NETS Basketball, New York, NY

Daniel M. Satorius, Satorius Law Firm, PC,Minneapolis, MN

Mara R. Tuma, Namco Bandai Games AmericaInc., San Jose, CA

FRIDAY, OCTOBER 14, 20118:00 am - 9:00 am

ETHICSEthical Pitfalls & ProfessionalResponsibilities for Lawyers UsingSocial MediaSocial media and other interactive technologies

are great vehicles or lawyers to market services,

network with ellow practitioners and to share

inormation with so-called riends. However,

the benecial aspect o these new mediums also

present many ethical and proessional responsibility

issues or lawyers. This panel will discuss those

issues such as topics as: using inormation on

social media sites or litigation and transactions,

advertising on social media, tweeting your

latest accomplishments, creating attorney-client

relationships through blogging, communicating

with individuals who are represented by an attorney

on a social network and communicating with

unrepresented individuals.

MODERATOR:

Kirk T. Schroder, Schroder Fidlow, PLC, Richmond, VA

PANELIST:

Philip K. Lyon, Lyon & Phillips, PLLC, Nashville, TN

9:00 am - 10:30 am

PLENARY I:Bankruptcy/Collections Enforcement

of RightsBankruptcy lings, and the eects thereo, have

become commonplace occurrences in the practice

o many sports and entertainment lawyers.

Numerous issues arise: What contracts, such as

license agreements, will be rejected, which will be

assumed; what are the procedures or rejection and

assumption o contracts, what issues exist, and what

are the pitalls/issues that arise regarding protection

o copyrighted works and trademarks in the contexto the administration o a bankruptcy estate, what

procedural or substantive issues are there in

attempting to extract or administer copyrighted

works and trademarks in a bankruptcy estate,

etc. This panel will present an experienced array

o practitioners who will discuss these and other

issues that arise when bankruptcy lings occur in

the sports and entertainment context. The panel will

discuss not only the procedural and substantive legal

issues that come up, but also present the practical

issues that apply in making deals where there is a

bankruptcy overlay to consider.

MODERATOR:

Richard J. Idell, Idell and Seitel, LLP,San Francisco, CA


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FRIDAY, OCTOBER 14, 2011(continued)

PANELISTS:Donald David, Akerman Sentertt, New York, NY

Joel Schoenfeld, Mitchell, Silberberg and Knupp,New York, NY

Lawrence A. Waks, Jackson Walker LLP, Austin, TX

William Weintraub, Friedman, Kaplan, Seiler andAdelman LLP, New York, NY

10:30 am - 11:00 amNetworking Break

11:00 am - 12:30 pmMUSIC & PERSONAL APPEARANCESCooks and Cases: Celebrity Chefs,Contracts & Laws Straight Fromthe KitchenWith the rapidly increasing popularity o celebrity

ches, the Food Network, and reality TV shows like

Top Che and Hells Kitchen, Food, and all things

surrounding ood, has become the emerging starin the entertainment arena. The panelists will

discuss a wide range o topics including the legal

representation o celebrity ches; recent restaurant

and che related litigation; branding and personal

appearance issues; and how to break into the ood

legal world.

MODERATOR:

Zeina Hamzeh, Senior Director, Legal and Business

Aairs, Warner/Chappell Music, Inc., Los Angeles, CAPANELISTS:

Andrew Chason, The Agency (Liestyle),Branding Agent, New York, NY

Jerrold F. Goldberg, Greenberg Traurig LLP,New York, NY

Cameron Levkoff, Director, Brand Management,Bullrog & Baum, New York, NY

Steven S. Sidman, Founder and Managing Member,

The Sidman Law Firm, LLC, Atlanta, GA

11:00 am - 12:30 pmLITIGATIONEntertainment Litigation: An Update,Domestic and InternationalExperts rom across the U.S. with international

experience provide updates and insights on important

U.S. and international entertainment cases.

MODERATOR:Lawrence A. Waks, Jackson Walker LLP, Austin, TX

PANELISTS:

Brian D. Caplan, Caplan & Ross, New York, NY

Richard J. Idell, Idell and Seitel, San Francisco, CA

Neville Johnson, Johnson & Johnson, LLP,Beverly Hills, CA

Bruce Phillips, Lyon & Phillips, Nashville, TN

11:00 am - 12:30 pmLITERARY PUBLISHINGElectronic Publishing 2011

Accelerating developments in technology are

changing the literary publishing industry on an

ongoing basis. This panel, consisting o attorneys

and publishing industry proessionals, will discussdevelopments that have occurred during the past

year and will look orward to what might be expected

in the uture.

MODERATOR:Eric S. Brown, Franklin, Weinrib, Rudell & Vassallo,PC, New York, NY

PANELISTS:

Stuart Krichevsky, Stuart Krichevsky LiteraryAgency, Inc., New York, NY

Michael I. Rudell, Franklin, Weinrib, Rudell &Vassallo, PC, New York, NY

Anke E. Steinecke, Random House Inc., New York, NY

11:00 am - 12:30 pmSPORTSCurrent Antitrust & Labor Issues inProfessional Sports

This panel will discuss recent work stoppages inproessional sports and the intersection o antitrust

and labor law, including an analysis o recent

decisions relating to the NFL lockout arising out

o the 8th Circuit Court o Appeals.

MODERATOR:

Vered N. Yakovee, Law Oces o Vered N. Yakovee/USC Gould School o Law, Marina del Rey, CA

PANELISTS:

Gabe Feldman, Associate Proessor & Director,Tulane Sports Law Program, Tulane University LawSchool, New Orleans, LA

Ryan M. Rodenberg, Assistant Proessor, FloridaState University, Tallahassee, FL

Written Materials will be provided online or on CD-ROM ONLY- PLEASE BRING YOUR

LAPTOP WITH YOU TO THIS MEETING TO ACCESS THE MATERIALS.


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PROGRAM SCHEDULE

FRIDAY, OCTOBER 14, 2011(continued)

12:30 pm - 1:45 pm

LUNCHEONSponsored by: Mitchell,Silberberg & Knupp LLP

GUEST SPEAKER:

John LithgowIntroduction ofkeynote speaker by

Victoria G. TraubeJohn Lithgow is an actor

with a broad range o

interests and talents

in every area o the

entertainment industry. He has been working in

show business since the early seventies, and

has achieved stunning success in wildly varied

ventures. A list o his restless pursuits strains

credulity. His acting ranges rom theater to screento television. He is the author o eight childrens

books, a childrens concert and recording artist,

and the writer, narrator and dancer (in the role o

the Elephant) in Carnival o the Animalsor the NYC

Ballet. His memoir Drama: An Actors Memoirwill be

published by HarperCollins this September. Two o

his best riends are entertainment lawyers.

2:00 pm - 3:30 pmPLENARY II:Investment and Finance and theEntertainment and Sports Industries New FrontiersWhat entertainment and sports attorneys and

their clients need to know about todays evolving

nance and M&A landscape. Industry leaders ininvestment, M&A and banking will discuss whats

here and whats on the horizon.

MODERATOR:

Nancy Harkness, General Counsel & ExecutiveVice President, Business Aairs & GovernmentRelations, Bug Music, Inc., Los Angeles, CA

PANELISTS:

Joanna Lucchesi, Regional Manager, HSBC

Private Bank, Los Angeles, CAClifford Smallman, Managing Director andCo-Head, Media & CommunicationsInvestment Banking, Cantor Fitzgerald & Co.,New York, NY

3:30 pm - 4:00 pmNetworking Break

4:00 pm - 5:30 pmFILM/TVCurrent Developments in the Motion

Picture and Television IndustriesTelevision Everywhere discussion o recent

litigation between networks and cable operators

over access to programming content through iPad

apps; Division o Rights discussion o negotiating

and drating issues which arise rom windowing

and clearance issues relating to cloud access and

alternative video on demand platorms; Sale o a

Media Company

MODERATOR:Daniel H. Black, Co-Chair, Entertainment Group,Greenberg Traurig LLP, Los Angeles, CA

PANELISTS:

Jerry Blake, Senior Vice President, Business andLegal Aairs, Network Distribution, BBC America,New York, NY

Vernon Gregg Chu, General Counsel, BBC

Worldwide Americas, Inc., New York, NY

Steven Katleman, Greenberg Traurig LLP,Los Angeles, CA

Barbara Meili, Chair, Media and EntertainmentGroup, Greenberg Traurig LLP, New York, NY

4:00 pm - 5:30 pmMUSIC & PERSONAL APPEARANCESRights, Rights & Revenue: PerformingRights, Neighboring Rights, Ephemeral

Rights, and New RevenuesWith the continuing decline in sales o recordedmusic, many believe revenues derived rom the

licensing o the perorming rights o copyright

owners o musical compositions and sound

recordings will be the primary revenue drivers in the

uture, including revenues that can now be derived

rom neighboring rights. In a controversial move,

at least one major music publisher has announced

that it will be administering its perorming rights

licensing directly in the digital arena, rather than

through a PRO. This panel will discuss how ASCAP,

BMI, SESAC, and SoundExchange license songs,

scores and sound recordings in the digital world,

how rate courts, litigation, voluntary agreements

and Copyright Royalty Boards shape what the ees

are as well as what is actually licensable, how the

online world has aected the traditional worlds o

perormance licensing and what the uture holds or

these two primary rights o Perormance. The panelwill also explore when a transmitting organization

may transmit programming without obtaining

reproduction rights rom the copyright owners or

compositions and sound recordings contained in a

transmission program.

EARLY BIRD REGISTRATION ENDS SEPTEMBER 15.


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MODERATOR:Todd Brabec, Author, Music, Money and Successand ormer ASCAP Executive Vice President

Los Angeles, CA

PANELISTS:

Chris Amenita, Senior Vice President, BroadcastOperations and New Media Licensing, ASCAPNew York, NY

Jake Beaumont-Nesbitt, International RoyaltyRescue, London, UK

John Coletta, Assistant Vice President, InternationalLegal & Business Aairs, BMI, New York, NY

JD Connell, Director, New Media, SESACNashville, TN

Henry W. Root, Lapidus, Root, Franklin & Sacharow,LLP, Santa Monica, CA

Colin Rushing, General Counsel, SoundExchangeWashington, DC

4:00 pm - 5:30 pmSPORTS/FILMNon-Compete & Non-Solicitation Clausesin Sports Industry ContractsThis panel will explore the use o non-compete and

non-solicitation clauses in sports industry contracts,

including in coaches contracts, management

company and company/agent agreements, and

beyond. The panel will also explore recent judicial

decisions concerning the enorceability o such

clauses across various jurisdictions.

MODERATOR:Jeffrey B. Gewirtz, Executive Vice President & ChieLegal Ocer, NETS Basketball/Brooklyn Sports &Entertainment, New York, NY

PANELISTS:

Martin D. Edel, Miller & Wrubel P.C.,New York, NY

Jeffrey A. Rosenthal, Cleary Gottlieb Steen &Hamilton LLP, New York, NY

Jonathan J. Spitz, Partner, Jackson Lewis LLP,Atlanta, GA

4:00 pm - 5:30 pmLICENSING AND MERCHANDISINGProduct Placement: Maximizing the BrandProduct placement and brand integration are

important elements o any brand owners overall

marketing strategy and raise important cutting

edge legal and business issues. The panel will

examine these issues rom the perspective o privatepractitioners doing clearance work and deals in

this area and senior executives rom Major League

Baseball and a prominent product placement agency.

MODERATOR:

Leonard Glickman, Chair, Entertainment and SportsLaw Practice Group and Co-Chair, Business LawGroup, Cassels Brock & Blackwell LLP,Toronto, Canada

PANELISTS:

Ken Florin, Co-Chair, Advance Media and Technol-

ogy Department and Chair, Emerging Media PracticeGroup, Loeb & Loeb, New York, NY

Phillip Hart, President, MMI Product Placement Inc.,Toronto, Canada

Mike Mellis, Senior Vice-President and GeneralCounsel, MLB Advanced Media, L.P., New York, NY

6:00 pm - 8:00 pmRECEPTION(Open only to Registrants)

Sponsored by: Greenberg Traurig LLP

SATURDAY, OCTOBER 15, 20117:00 am - 1:00 pmRegistration and Exhibits

7:30 am - 9:00 amContinental Breakfast


The Forum on the Entertainment and Sports

Industries would like to thank the ollowing

sponsors or their generous support o the

CD-ROMS: Lyon & Phillips, PLLC and theCenter or American and International Law.

NOMINEES FOR FORUM LEADERSHIPPOSITIONS ANNOUNCEDThe Nominations Committee has nominated the ollowing individuals toserve their second terms as members o the Governing Committee, or the3-year terms commencing October 2011:

Bobby Rosenbloum o Greenberg Traurig LLP, Atlanta, GACynthia Sanchez o Policy and International Aairs, U.S.Copyright Ofce Library o Congress, Washington, DC

The Committee also recommends that Richard J. Idell o Idell andSeitel, LLP, San Francisco, CA, be the Forum Chair-Elect commencingOctober 2011 to succeed Christine Lepera as Forum Chair or a 2-year

term commencing October 2013.

The Committee urther recommends the nomination o Jeffry B. Gewirtz,NETS Basketball/Brooklyn Sports & Entertainment, New York, NY, to ll theGoverning Committee vacancy once Richard J. Idell becomes Chair-Elect.

The election for these positions will be held at the Forums Annual Meeting onFriday, October 14, 2011, at the Grand Hyatt New York, New York, New York.

The Nominations Committee is comprised of Marcelino Ford-Livine of IntelCorporation, Santa Clara, CA; Dara L. Gelbtuch of MTV Networks, New York,NY; Leonard Glickman, of Cassels Brock & Blackwell LLP, Toronto, Canada;Christine Lepera, Mitchell Silberberg & Knupp, LP, New York, NY; NeetaRagoowansi of SoundExchange, Washington, DC; Henry W. Root, Lapidus,

Root, Franklin & Sacharow, LLP, Santa Monica, CA; Kirk T. Schroder ofSchroder Fidlow, PLC, Richmond, VA; Judy Tint of Judy Tint, Counselor of Law,New York, NY; and Victoria G. Traube, of Imagem USA, New York, NY.


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PROGRAM SCHEDULE

SATURDAY, OCTOBER 15, 2011(continued)

8:00 a.m. - 9:00 amVOLUNTEER LAWYERS FOR THE ARTSPro Bono Lawyering: Share your Time,Feed Your Soul, and Cover Your AssetsProviding pro bono legal services is a great way

to help develop an entertainment law practice,

network with colleagues, and get involved with

cutting edge legal issues. However, providing

ree services does not exempt the attorney

rom the rules o ethics. In act, it may increase

scrutiny. Understanding how ethics rules apply toentertainment law can be daunting, as the eld

is raught with joint representation, incestuous

proessional relationships, and inquiries rom

long-ago clients. Who can you represent? How

can you limit representation? When should you

step aside? This panel will address the common

ethical concerns encountered when providing pro

bono services to the creative community. It will also

oer best practices or client management and

overall communication with your client, as well as

suggesting mentors to help you move orward in

your career.

MODERATOR:

Peter J. Strand, Leavens, Strand, Glover & Adler,LLC, Chicago, IL

PANELISTS:

Marci A. Rolnik, Legal Director, Lawyers or theCreative Arts, Chicago, IL

Judy Tint, Judy Tint Counselor at Law, New York, NY

9:00 am - 10:30 amMEDIA, GAMING AND NEW TECHNOLOGIESNew Worlds in the InteractiveEntertainment Space: How ChangingEconomic Models and User Habits areImpacting the Business of the Space andFinancing DealsInteractive entertainment platorms are creating

new opportunities or creative and business

entrepreneurs. The continued growth o digital

distribution, social network gaming and mobile apps

are resulting in shits in how content is created

and delivered to consumers, thus impacting the

economics o the space. Many conventional and

non-conventional methods that relate to new

economic models are emerging rom game andsocial media ventures. This panel will update as to

some o these growing platorms and trends, and

discuss certain o the economics involved, emerging

customs and terms, and the type o nance deals

that may urther emerge in this dynamic area o law.

MODERATOR:

Kirk T. Schroder, Schroder & Fidlow, PLC,Richmond, VA

PANELISTS:Andrew R. Boortz, Reed Smith, LLP, Washington, DC

Jeffrey Neuburger, Co-Head o the Technology,Media & Communications Group, Proskauer Rose,New York, NY

Robert C. Raciti, Ph.D., Managing Director Technology, Media & Telecommunications (TMT)Practice, The Silverern Group, Inc., New York, NY

Seth J. Steinberg, Principal, Digital Arts Law,San Francisco, CA

9:00 am - 10:30 amFILMSoup to Nuts: From Netix to StateIncentives Wheres the Beef?Between a maddening recession and huge shits in

delivering lm and television content to consumers,

money is extinguishing in one area only to resurace

somewhere else. This panel will examine theshiting revenue sands, rom sot money incentives

to bundled BluRay/cloud home entertainment

to increasingly relevant subscription streaming

services like Hulu, Netfix, etc., that may refect the

entire atermarket o the uture.

MODERATOR:Peter J. Dekom, Peter J. Dekom, a Law Corporation,Los Angeles, CA

PANELISTS:Dama Claire, Production Executive, The IncentivesOce, Los Angeles, CA

Jamie Kershaw, Business & Legal Aairs,Dreamworks, Studio City, CA

9:00 am - 10:30 amTHEATER/PERFORMING ARTSFrom Broadway to Beijing:Musicals After BroadwaySuccessul Broadway shows oten go on to become

successul motion pictures, but there is another

substantial income stream ater Broadway. Tours

and sit-down productions are big business not

just in the United States, but also in emerging

markets like China and, soon, India. Lawyers and

agents or shows like THE BOOK OF MORMON and

THE SOUND OF MUSIC will examine the legal and

business aairs issues relating to the transer o

Broadway shows to stages throughout the world.


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The Forum on the Entertainment and Sports Industries

would like to thank the following Sponsors:

GOLD SILVER BRONZE

MODERATOR:

Victoria G. Traube, Senior Vice President & GeneralCounsel, Imagem USA, New York, NY

PANELISTS:

Marsha Brooks, Brooks & Distler, New York, NYSimone Genatt, President and Co-Founder,Broadway Asia Company, LLC, New York, NY

Scott Lazarus, Lazarus & Harris LLP, New York, NY

9:00 am - 10:30 amSPORTSRight of Publicity and Social Media Legal

Update in Professional & Amateur SportRecent litigation between athletes and sports leagues

has dramatically illustrated the lurking tension that

always has existed between First Amendment values

and the right o publicity. This panel will discuss

pending cases involving the use o names and

likenesses o college athletes and proessional ootball

players by Electronic Arts in video games, the National

Collegiate Athletic Associations licensee, Collegiate

Licensing Company, in media and NFL Films in videos.The panel will also evaluate the trends and protections

available to maximize the legal use o social media or

promotions and endorsements.

MODERATOR:

Maidie E. Oliveau, Arent Fox LLP, Los Angeles, CA

PANELISTS:

Bruce P. Keller, Debevoise & Plimpton LLP,New York, NY

Anthony Lupo, Arent Fox LLP, Washington, DC

Peter Steckelman, Senior Vice President, Business &Legal Affairs, The Tennis Channel, Inc., Santa Monica, CA

10:30 am - 11:00 amNetworking Break

11:00 am - 12:30 pmPLENARY III:Licensing to the Cloud, Social Networks

and Other New Media

Social media such as Facebook, Twitter, and othernew media, are delivering content rom TV, motion

pictures, sports, music, books and other traditional

entertainment sectors to consumers. Use o The Cloud

to deliver entertainment content to consumers is also

being oered by services such as iCloud or music and

Amazon Prime or movies. At the same time, mobile

devices and other new gadgets have exploded as

platorms or content delivery. This panel will discuss

some o the issues and opportunities created by thisnew distribution environment, including emerging

business models, rights issues and licensing strategies.

MODERATOR:

Cydney A. Tune, Pillsbury Winthrop Shaw PittmanLLP, San Francisco, CA

PANELISTS:

Alan Baldachin, Hand Baldachin & Amburgey LLP,New York, NY

James D. Nguyen, Davis Wright Tremaine LLP,Los Angeles, CA

Peter Matson, Sterling Lord Literistic, Inc.,New York City, NY

Debbie Spander, A Game Media, Santa Monica, CA

Julie Swidler, Executive Vice President, BusinessAairs & General Counsel, Sony Music Entertainment,New York, NY


Videotaping is being provided by TSG Reporting, Inc.


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LOCATION INFORMATION: The conerence will be held at

the Grand Hyatt New York, 109 East 42nd Street at Grand

Central, New York, NY 10017

Phone: 212-883-1234(toll ree room reservations: 1-888-421-1442)

Fax: 212-697-3772

HOTEL RESERVATIONS:To make your hotel reservations,

please contact the Grand Hyatt New Yorkat 1-888-421-

1442 or 1-212-883-1234. You may also reserve online at

https://resweb.passkey.com/Resweb.do?mode=welcome_ei_

new&eventID=3323003. TheABA room rate is $309 single/

double and room tax of 14.25%+ $3.50 occupancy tax.

We have reserved a block of rooms and the reservation

deadline is Tuesday, September 20, 2011 at 6:00 p.m. EDT.

After this date, the ABA cannot guarantee rooms or availability

and the hotel will assign rooms on a space available basis. Your

reservation has to be guaranteed with one night room & tax

deposit by credit card or deposit check at the time of making

a reservation. Guaranteed reservations must be cancelled 24

hours prior to the scheduled day of arrival to avoid a one-night

cancellation charge. Rooms shall be available for check-in no later

than 4:00 pm with a checkout time of 11:00 a.m. Please refer to

the ABA Forum on the Entertainment and Sports Industries

2011 Annual Meeting when making your reservations.

AIR TRAVEL: Airare discounts are available through the

ABA website. To access ABA Travel Services, go to www.

americanbar.org/membership/benets_o_membership/

travel_services.html. Orbitz or Business can be reached

at 1-877-222-4185.

PROGRAM REGISTRATION/DEADLINE: To register or all

programs and events described in this brochure, please

submit your completed registration form and payment

to: The American Bar Association, Forum on theEntertainment and Sports Industries, 321 N. Clark

Street, MS. 18.2, Chicago, IL 60654. You can also register

online at http://www.americanbar.org/groups/entertainment_

sports.html. Credit card users may ax registration orms to

312-988-5677. Conrmations will be sent to you within

ve days o registration o receipt. In order to be included

in the list o program attendees, you must register by

September 30, 2011. Registrations will not be

processed without payment.

ON SITE REGISTRATION is available or those persons

who miss the registration deadline. I you plan to register at

the door, please call Suzette Eights at 312-988-5580

at least 72 hours before the conference to conrm

that space is still available. Failure to call in advance may

preclude admission to a sold-out conerence. On site

registrants must pay the registration ees by check,

Visa, MasterCard or American Express. No registrations

will be accepted without payment.

REGISTRATION FEES:The fee includes admission to the 1-1/2day program, continental breakfasts, breaks, luncheon, written

materials, and two receptions.

CANCELLATION POLICY: Registrants who are unable

to attend the conerence will receive a reund less a $50

administrative ee i written cancellation is received by

September 30, 2011. Cancellations must be faxed to

312-988-5677. No refunds will be granted ater

September 30, 2011. We will allow substitutions or

conerence materials will be sent in lieu o a reund ater

the program. The ABA reserves the right to cancel or alter

any programs and assumes no responsibility or personalexpenses.

CLE CREDIT:CLE accreditation has been requested or this

conerence rom every state with mandatory continuing legal

education requirements or lawyers. Please be aware that each

state has its own rules and regulations, including its denition

o CLE. Check with your state agency or conrmation o this

programs approval. Attorneys seeking to obtain MCLE credit

in Pennsylvania will be required to pay state accreditation

ees directly to these states. Certicates o attendance will be

available at the conclusion o the conerence. For inormationon approved number o credit hours to be awarded, please

contact Suzette Eights at 312-988-5580.

MEMBERSHIP: To encourage registrants to join the ABA Forum

on the Entertainment and Sports Industries, the reduced members

tuition rate will be extended to registrants who join the Forum

when they register for the conference. Forum membership dues

are $50 for attorneys/associates and $20 for law students.

Membership in the ABA and in any one of its many sections or

divisions is a prerequisite to Forum membership.

SCHOLARSHIP: The Forum on the Entertainment and Sports

Industries oers scholarships (waiver o registration ee) to

attend the Forum Annual Meeting to be held October 13-15,

2011, in New York. To apply or a scholarship, please send

an email to Teresa Ucok, Forums Manager, explaining your

interest in entertainment and sports law, your interest in

attending the Annual Meeting and why the Forum should

grant you a registration ee waiver. The email address or

Teresa Ucok is [email protected]. Please note

that it may take up to two weeks beore a decision is madeto grant the applicant a ee waiver.

TAX DEDUCTION FOR EDUCATION PURPOSES: In the United

States, an income tax deduction may be allowed or education

expenses undertaken to maintain or improve proessional skills.

This includes registration, travel, meals and lodging, subject

to applicable limitations (see Treas. Reg.1.162-5: Coughlin v.

Commissioner, 203 F.2d 307 (2d Cir.1953)).

AMERICANS WITH DISABILITIES ACT:

I special arrangements are required ordisabled individuals to attend this program,

please contact Teresa Ucok in writing by

September 30, 2011 at the American Bar Association,

321 N. Clark St., Chicago, IL 60654 or Fax: 312-988-5677.

DRESS: Business casual attire.

FOR LATEST PROGRAM INFORMATION:Please visit the Forum

on the Entertainment and Sports Industries website: http://www.

americanbar.org/groups/entertainment_sports.html.

QUESTIONS: If you have questions or require additional conference

information, please call Suzette Eights at 312-988 5580 or send

an e-mail to [email protected]

CONFERENCE INFORMATION


11/12

ABA Forum on The Entertainment and Sports Industries

Annual Meeting and Conference, October 13-15, 2011

THREE WAYS TO REGISTER!

Last Name

First Name

Name, as you would like it to appear on your badge

Title

Firm/Company/Agency

Address

City, State, Zip, Country

Phone/Fax/E-mail (Please provide your ax number or ax confrmation)

Are you licensed to practice in New York? qYes q No Are you a rst-time attendee? qYes q No

q I will attend the First Time Attendee, New & International Members Reception

q I will attend the Thursday Reception

q I will attend the Friday Luncheon

q I will attend the Friday Reception

Program and Forum Membership Fees

Early Bird Discount ($100 savings) if postmarked on

or before September 15, 2010.

q $950 General Attendee (Non Forum/ABA Member)

q $850 ABA Member (JOIN the Forum on The

Entertainment and Sports Industries

and save $250)q $600 Forum Member

q $550 New Forum Member

q $350 Law Student

Method of Payment

q Check enclosed (make payable to theForum on the Entertainment and Sports Industries)

q Credit Card q Master Card q Visa qAmerican Express

Card Number ____________________________________________________ Exp. Date ________

Cardholders Name ________________________________________________________________

Signature ______________________________________________________________________

Special Dietary Needs: (Please speciy) __________________________________________________

REGISTRATION FORM

BY FAX:Fax completedregistration orm withcredit card payment onlyto 312-988-5677

BY MAIL:Send completedregistration orm with payment to:ABA Forum on the Entertainmentand Sports Industries321 N. Clark St., MS 18.2Chicago, IL 60654

BY INTERNET:Register onlineat http://www.americanbar.org/groups/entertainment_sports.html.Questions? 312-988-5580

Postmarked after September 15, 2011

q $1,000 General Attendee (Non Forum/ABA Member)

q $900 ABA Member (JOIN the Forum on The

Entertainment and Sports Industries and

save $250)

q $650 Forum Memberq $600 New Forum Member

q $400 Law Student

Amount Due: ______________


EARLY BIRD DISCOUNT ENDS SEPTEMBER 15.


12/12

321NorthClark

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