Forum on the Entertainment & Sports Industries - 43rd Annual Conference
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
43rd Annual Conference Forum on the Entertainment & Sports Industries In Association with the Section of State & Local Government Law and the Section of Intellectual Property Law October 7-9, 2021and October 14-15, 2021 All Virtual
The conference will be presented virtually and provide attendees with innovative CLE programs on a wide spectrum of entertainment and sports topics. The conference also will include unique networking opportunities, mentoring sessions, and collegial social events for attorneys, law students, and other professionals practicing in every sector of the entertainment and sports industries. Registration to the conference is all-inclusive and entitles registrants access to the pre- recorded sessions and recordings of available sessions after the event. PLANNING COMMITTEE Judy Tint, Chair Kenneth Freundlich Henry Root Counselor At Law Freundlich Law Lapidus, Root & Sacharow, LLP New York, NY Encino, CA Santa Monica, CA Peter Strand Mark Tratos Kirk Schroder Immediate Past Chair Greenberg Traurig Schroder Brooks Law Firm, PLC Mandell Menkes Las Vegas, NV Richmond, VA Chicago, IL Scott Bain Ken Kaufman LeAnn Sheldon Planning Committee Co-Chair Harvard University The Rockwell Group United States Patent and Trademark Cambridge, MA New York, NY Office Washington, DC Alexandra Darraby Justin Sievert The Art Law Firm Vela Wood Aalok Sharma Los Angeles, CA Miami Beach, FL Planning Committee Co-Chair Stinson Peter Dekom Seth Steinberg Minneapolis, MN Peter J Dekom, a Law Corporation Digital Arts Law Los Angeles, CA San Francisco, CA Leonard Glickman Cassels Brock & Blackwell Toronto, Polina Ivko Steve Weizenecker Canada Ivko, LLC Barnes & Thornburg New York, NY Atlanta, GA Emily Behzadi California Western School of Law San Diego, CA CONFERENCE OVERVIEW All sessions will be presented virtually on the Vision Digital conference platform. Each attendee will receive via email a unique link to access the virtual conference platform. There will be two pre- recorded CLE sessions that will be accessible on their respective scheduled days and times. 2
SCHEDULE OF EVENTS Thursday, October 7, 2021 1:15 pm – 1:30 pm EDT // 10:15 am – 10:30 am PDT Chair’s Welcome Judy Tint Counselor At Law and Chair, Forum on the Entertainment & Sports Industry New York, NY 1:30 pm -2:30 pm EDT // 10:30 am – 11:30 am PDT – Concurrent Sessions Crisis Communication in the Age of Social Media Presented by the Section of State and Local Government Law Increasingly, public and private sector entities are tasked with addressing sensitive and potential risk exposing matters in the public eye through a variety of media platforms. Oftentimes, the “no comment” response is insufficient. The panel will discuss the legal and practical issues that need to be addressed as part of the crisis communication response and steps that should be taken by the entity to minimize disruption to the business. Speakers Colleen E. McCarty, Steven F. Stapleton, Attorney, Chair of the ABA Section of State and Fox Rothschild, Local Government Law and Member, Las Vegas, NV Clark Hill PLC., Grand Rapids, MI 3
SCHEDULE OF EVENTS continued The Rise of the Alternative Sports League In recent years, alternatives to the prevailing, traditional sports leagues have been launched or repositioned to disrupt the sports marketplace. This panel will discuss the legal and business implications in launching and operating an alternative sports league and growing its audience. Lead Facilitator Speakers Michael Lawson, Caesar Lopez, Ricky Volante, Krista Hiner, Attorney, Chief Administrative Officer CEO and Attorney, Partner, O’Connell & Aronowitz, and General Counsel, The Professional Collegiate ESG Law, Albany, NY Orlando City Soccer Club and League (CEO); Volante Law Minneapolis, MN Orlando Pride, Firm (Attorney), Orlando, FL Cleveland, OH 2:30 pm – 2:45 pm EDT // 11:30 am – 11:45 am PDT Break 2:45 pm -3:45 pm EDT // 11:45 am – 12:45 pm PDT Ethically Dealing with Your Client’s Agent: Navigating the Symbiotic Lawyer-Client-Agent Relationship in Entertainment & Sports (Ethics CLE Credit) Lawyers working in publishing, film, music, television, and sports often represent clients who are simultaneously represented by an agent. This panel will discuss how lawyers navigate the ethical issues raised by the involvement of an agent in client matters, the (ideal) relative roles of lawyers and agents and provide practical advice for fostering a mutually beneficial relationship with agents. Lead Facilitator Speakers Kirk T. Schroder Dirk Vanover Stephanie Furgang Hal Biagas, Partner, Owner/Attorney, Adwar, Esq., Chief Operating Officer & Schroder Brooks Law Firm, PLC Vanover Legal, LLC Furgang & Adwar, LLP General Counsel, Richmond, VA Milwaukee, WI New York, NY Seven1 Sports & Entertainment Group, New York, NY 4
SCHEDULE OF EVENTS continued 3:45 pm – 4:00 pm EDT // 12:45 pm – 1:00 pm PDT Break 4:00 pm -5:00 pm EDT // 1:00 pm – 2:00 pm PDT General Counsels in Entertainment and Sports What are the key legal issues facing in-house legal departments in the sports and entertainment industries? How are those issues similar and different to each other and to other industries? Join our expert panel of General Counsels for an insider’s look at the current legal landscape of the sports and entertainment industries. Lead Facilitator Speakers Brendan Dolan, Jennifer Roberts, Chip Seigel, III Corporate Counsel, General Counsel General Counsel, Polaris, WynnBET, Vegas Golden Knights, Medina, MN Las Vegas, NV Las Vegas, NV Maggy Carlyle, Joshua Pila, General Counsel, Pac- General Counsel, 12 Conference, Meredith Corporation, San Francisco, CA Atlanta, GA 5:15 pm -6:15 pm EDT // 1:15 pm – 2:15 pm PDT Virtual Networking 5
SCHEDULE OF EVENTS continued Friday, October 8, 2021 12:00 pm – 1:00 pm EDT // 9:00 am – 10:00 amD– Concurrent Sessions Breaking into the Industry – Non-CLE Entertainment and sports law continues to be a dynamic and evolving practice that is becoming more and more accessible to lawyers desiring to work in this area. The panel consists of entertainment and sports lawyers experienced in a variety of fields. They will discuss what they learned about breaking into the practice of entertainment and sports law and what they do to keep and maintain a practice in this area. Topics will include practice development, entertainment law resources, and the difference between in-house and private practice and many others. Lead Facilitator Speakers Mark Tratos Howard Siegel Ann Brigid Clark Maraiya Hakeem Founding Shareholder, Retired, Senior Partner, Of Counsel, Associate, Greenberg Traurig, Pryor Cashman LLP, Greenberg Traurig, Pryor Cushman LLP, Las Vegas, NV Las Vegas, NV Los Angeles, CA New York, NY 6
SCHEDULE OF EVENTS continued 12:00 pm – 1:00 pm EDT // 9:00 am – 10:00 am PDT College Sports in Transition This panel will explore a range of issues impacting college athletics, including the U.S. Supreme Court decision in the Alston case, state legislation involving student-athlete name, image, and likeness rights, changes in NCAA transfer legislation, coming back from COVID-19, and several scandals that have impacted college athletics in recent years. Lead Facilitator Speakers Justin Sievert, John Long, Maggy Carlyle, Jon Duncan, Senior Counsel, Of Counsel, General Counsel, Vice President of Vela Wood PC, Jackson Lewis, Pac-12 Conference, Enforcement, Miami, Florida Houston, TX San Francisco, CA NCAA, Washington, DC 1:00 pm – 1:15 pm EDT // 10:00 am – 10:15 am PDT Break 7
SCHEDULE OF EVENTS continued 1:15 pm – 2:15 pm EDT // 10:15 am – 11:15 am PDT – Concurrent Sessions Speed Mentoring – Non-CLE Sponsored by Solotoff Law Group, PLLC Leading attorneys in the entertainment and sports arena will conduct rounds of 15-minute speed mentoring sessions. Mentors Alexandra Darraby, Ken Kaufman, Ken Freundlich, Len Glickman, Polina Ivko, Principle, Harvard University, Partner, Partner, Founder, The Art Law Firm, Cambridge, MA Freundlich Law, Cassels, Ivko, LLC, Los Angeles, CA Encino, CA Toronto, Canada New York, NY Henry Root, Aalok Sharma, Kirk Schroder, LeAnn Shelton, Justin Sievert, Partner, Associate, Partner, General Counsel, Senior Counsel, Lapidus, Root & Stinson, Schroder Brooks The Rockwell Group, Vela Wood, Sacharow, LLP Minneapolis, MN Law Firm, PLC, New York, NY Miami Beach, FL Santa Monica, CA Richmond, VA Peter Strand, Judy Tint, Mark Tratos, Seth Steinberg, Partner, Counselor At Law Shareholder, Greenberg Partner, Mandell Menkes and Chair, Forum on Traurig, Las Vegas, NV Digital Arts Law, Chicago, IL the Entertainment & San Francisco, CA Sports Industries, New York, NY 8
SCHEDULE OF EVENTS continued 1:15 pm – 2:15 pm EDT // 10:15 am – 11:15 am PDT Understanding Mandatory Reporting Obligations for Amateur Sports Organizations and College Athletic Programs Presented by the Section of State and Local Government Law In response to several high-profile sexual abuse/misconduct cases, amateur sports organizations and their volunteers/coaches have increased reporting obligations under federal and state laws. The panel will discuss the recent amendments to the Ted Stevens Amateur Sports Act, reporting obligations in the SafeSport context, and an overview of state law mandatory reporting requirements. Speakers Ben Tronnes Carolyn M. Horton Associate Counsel, Associate, USA Hockey Clark Hill, PLC Colorado Springs, CO Grand Rapids, MI 2:15 pm – 2:30 pm EDT // 11:15 am – 11:30 am PDT Meditation Break - Sponsored by Riley Warnock & Jacobson Learn a meditation technique you can do anywhere and anytime you're feeling stressed, without anyone else knowing. Vernon Nicolas served as Research Director and Resident Therapist for 10+ years at EQUILIBRIUM Energy+Education, a research-based wellness center focused on the study and application of non-invasive energy-based therapies. Vernon discovered the power of these practices while living a high-stress, double life in corporate America for 20+ years - where he led research teams developing consumer insights for Fortune 500 companies. 9
SCHEDULE OF EVENTS continued 2:30 pm – 3:30 pm EDT // 11:30 am – 12:30 pm PDT – Concurrent Sessions Data in the Ballpark In a landmark decision in 1997, the Second Circuit Court of Appeals held that live scoring data, which was transmitted to hand-held pagers in arenas, were not copyrightable by the NBA. Over 20 years later, data in arenas has become integral to modern day sports. This panel will focus on the capture, utilization, and monetization of data in ballparks and arenas. Lead Facilitator Speakers Laura Warren, Aalok Sharma Davyeon Ross Daniel Werly, General Counsel, Attorney, CEO, General Counsel, Chicago Fire Stinson LLP, ShotTracker Tennessee Titans, Football Club, Minneapolis, MN Kansas City, KS Nashville, TN Chicago, IL 10
SCHEDULE OF EVENTS continued 2:30 pm – 3:30 pm EDT // 11:30 am – 12:30 pm PDT Trading Box Office Dollars for Streaming Subscribers: Affiliated Dealings in Hollywood On December 2, 2020, Warner Bros. announced that it would bypass movie theatres and distribute its 2021 slate of films directly to its wholly-owned streaming service, HBOMax. The Hollywood Reporter called it “a day that will live in infamy,” and well-known filmmakers such as Christopher Nolan spoke out publicly against the move. Studios pushed back, arguing that this practice benefitted talent and the content they create by making it more available. This panel will focus on the practice of studios like Warner Bros., licensing their motion picture and television content directly to affiliates, along with the potential impact on the industry, including those entitled to a share of the profits or residuals (investors, talent, etc). The specific issues covered include: • the practice and impact of Hollywood studios releasing their movies simultaneously at theatres and on their wholly-owned streaming platforms like HBOMax and Disney+, known as a “day- and-date” release; • other related party streaming (e.g. HBOMax, Disney+, Paramount+ & CBS All Access) and overall fair market valuation concerns (e.g. license fee valuation of older films and television series); and • the practice and impact of Hollywood studios licensing their television series to wholly-owned affiliated entities (e.g. WB/CW, Fox/FBC, Paramount/Paramount+ etc.), including related cases (e.g. Bones/Walking Dead) Lead Facilitator Speakers Michael Sippel, John Berlinski Brian Agboh Leigh Brecheen Profit Participation Partner/Attorney/Litigator, Director, Business and Partner, Services Principal, Kasowitz Benson Torres LLP Legal Affairs, Brecheen Feldman Green Hasson Janks, Los Angeles, CA Netflix Breimer Silver & Los Angeles, CA Los Angeles, CA Thompson Los Angeles, CA 11
SCHEDULE OF EVENTS continued 3:30 pm – 3:45 pm EDT // 12:30 am – 12:45 pm PDT Forum Business Meeting: Nominations Speakers Judy Tint, Kirk Schroder, Counselor At Law and Chair, Nominations Chair, and Partner, Forum on the Entertainment & Schroder Brooks, Richmond, VA Sports Industry, New York, NY 3:45 pm – 4:00 pm EDT // 12:30 pm – 12:45 pm PDT Break 12
SCHEDULE OF EVENTS continued 4:00 pm – 5:00 pm EDT // 1:00 pm -2:00 pm PDT – Concurrent Sessions Endorsement & Licensing Deals in the Cannabis Industry This session will outline the legal and business considerations that go into executing a cannabis endorsement and/or licensing deal with entertainment and sports clientele. This session will start at the beginning of the process and will address all business and legal concerns through the final product. This program will approach the issue from different perspectives, namely the talent side, the cannabis accessory side, and the multi-state-operator side. Lead Facilitator Speakers Theresa Conduah Michael Cooper Daniel Shapiro Marco Ciarlariello, Partner, Managing Member, Associate General Associate, Haynes and Boone, LLP MadisonJay Solutions Counsel, Cassels Brock & Blackwell LLP, Orange County, CA New York, NY Greenlane Holdings, Inc. Toronto, Canada Boca Raton, FL Rethinking Sports Broadcasting Post-COVID Sporting events came to a halt in 2020 due to the COVID-19 pandemic. While the games were paused, it gave many in the industry time to rethink, reinvent and adapt to the “new” normal. This panel aims to discuss some of the challenges the industry has faced in recent times, and the future of both the linear television and digital sports broadcasting environments. Lead Facilitator Speakers Hakeem Onafowokan, Amanda Oliver Harris Peskin Samuel Strantz Sara Croll, Vice President, Corporate Vice President, Business Partner, Corporate Counsel, Vice President of Legal, Oklahoma City & Legal Affairs and ESG Law, Sling TV, Business & Legal Thunder, Deputy General Brooklyn, NY Englewood, CO Affairs, FOX Sports Oklahoma City, OK Counsel, NASCAR Charlotte, NC 13
SCHEDULE OF EVENTS continued 5:00 pm – 5:15 pm EDT // 2:00 pm – 2:15 pm PDT Stretching with Carrie Collins - Sponsored by Riley Warnock & Jacobson Carrie Collins, owner of Stretch Chi, discovered Ki-Hara Resistance Stretching while searching for a solution for her own physical pain after many years as a professional pianist. Carrie has worked as a Ki-Hara Master Trainer and Instructor for over 13 years. 5:15 pm – 6:15 pm EDT // 2:15 pm – 3:15 pm PDT Let’s Take a SPAC at It: Special Purpose Acquisition Companies and the Intersection of Finance & Sports There has been a boom in transactions by special purpose acquisition companies (SPACs) over the last few years. For privately held companies seeking liquidity, SPACs have become a legitimate alternative to traditional M&A transactions and initial public offerings (IPOs). Sports-related SPACs have appeared in recent headlines as several high-profile sports companies became publicly traded through SPAC acquisitions. Other sports companies are seen as potential SPAC targets. What is a SPAC? What is a SPAC IPO? What is a de-SPAC transaction? How do those differ from an IPO? What are the SPAC- related steps, legal issues, risks, and key considerations? This panel of legal and business leaders will answer those questions and others through a discussion of SPACs and financial matters in sports. Lead Facilitator Speakers Ryan Garka, Noah Croom Tracy Deforge Noah Kornblith, Senior Counsel, Managing Partner, CEO and Founder, Partner, The IRONMAN Group, Beautiful Game Group LLC The Players’ Impact O’Melveny & Myers LLP, Tampa, FL Minneapolis, MN Boston, MA San Francisco/Silicon Valley, CA 14
SCHEDULE OF EVENTS continued Saturday, October 9, 2021 11:45 am -12:45 pm EDT // 8:45 am – 9:45 am PDT Bankruptcy in the Era of COVID (followed by 15-minute Live Q&A) (Pre-recorded) Attendees will be prompted immediately after watching the recording to apply for CLE credit. COVID has accelerated the number of failed and failing players in the industry. We’ve seen cram- downs, Chapter 7 and 11 filings, read about businesses having to borrow heavily to survive. Some clients get hurt, for others, opportunities arise. Common sense and simple drafting solutions just do not apply. Learn to communicate bankruptcy risks to clients, to create structures that are bankruptcy resistant (or proof), understand that automatic terminations/ reversions in the event of bankruptcy are probably not enforceable, understand the difference between principals and agents in bankruptcy, know about specific provisions in the bankruptcy code (e.g., residual protection, allowing film distribution to continue, etc.), and exactly what to do when our clients receive a notice of a bankruptcy and they are owed money or have rights. Lead Facilitator Speakers Nancy Rapoport, Mark Tratos, William Snyder, Gregg Zive, Robert Labate, Garman Turner Gordon Shareholder, CR3 Partners, Judge, Nevada Partner, Holland Professor of Law, Greenberg Traurig, Dallas, TX Bankruptcy Court, & Knight LLP, William S. Boyd, School Las Vegas, NV Reno, NV San Francisco, CA of Law Las Vegas, NV 12:45 pm – 1:00 pm EDT // 9:45 am – 10:00 am PDT Live Q&A with Speakers from Bankruptcy in the Era of COVID 15
SCHEDULE OF EVENTS continued 1:00 pm – 1:15 pm EDT // 10:00 am – 10:15 am PDT Break 1:15 pm -2:15 pm EDT // 10:15 am – 11:15 am PDT – Concurrent Sessions Running Up the Score with the First Amendment: Rights of Publicity, Intellectual Property and Social Media in 2021 It has been a busy year or so for new laws and court decisions based on the breadth or limitations of free speech and the First Amendment. The panel will examine developments involving the right of publicity, the use of third-party trademarks in video games, and the rights of social media providers to suspend or remove accounts. Discussion will include (i) New York State's newly enacted right of publicity and Anti-SLAPP laws, (ii) the NCAA's handling and plans in response to student-athlete's "name, image and likeness" (NIL) proposals, (iii) the continued success of video game publishers to rely on First Amendment arguments in trademark disputes, and (iv) the ongoing debate relating to §230 of the Communications Decency Act and the ability of social media companies to determine who can participate on their private platforms. Lead Facilitator Speakers Seth Steinberg, Gena Feist, Marc Mayer, Ben Sheffner, Joshua Simmons, Principal, Deputy General Partner, SVP & AGC, Partner, Digital Arts Law, San Counsel, Mitchell Motion Picture Kirkland & Ellis, Francisco, CA Epic Games, New Silberberg & Association, New York, NY York, NY Knupp LLP, Los Angeles, CA Los Angeles, CA 16
SCHEDULE OF EVENTS continued 1:15 pm -2:15 pm EDT // 10:15 am – 11:15 am PDT Buy, Beg, Borrow or Steal: To Sell Your Copyrights, Borrow Against Them or Take an Advance This panel will address whether a copyright owner should sell his or her assets, borrow against them, or take an advance, discuss the tax implications of the decision, and the relevant legal issues. Experts will also discuss the legal issues and valuation methodologies. Lead Facilitator Speakers Henry W. Root, Bradford S. Cohen, Esq., Scott McDowell, Esq., Kirsten M. Wilson, Partner, Partner, Executive Vice President, President, Lapidus, Root & Jeffer Mangels Butler & Legal & Business Affairs, The W group, Sacharow, LLP, Mitchell LLP, Warner Chappell Music, Inc., Denver, CO Santa Monica, Los Angeles, CA Los Angeles, CA CA 2:15 pm -2:30 pm EDT // 11:15 am – 11:30 am PDT Stretching with Carrie Collins- Sponsored by Riley Warnock & Jacobson 17
SCHEDULE OF EVENTS continued 2:30 pm – 3:30 pm EDT // 11:30 am – 12:30 pm PDT Concerts & Shows in an Omni-Channel World: Navigating Music in the Burgeoning Virtual Space Through this session, we will explore music’s role in the “virtual space” as we move to an omni-channel world where virtual spaces sit in prominence alongside the physical world. Aspects discussed may include copyright, contracts, avatars/name/likeness considerations, and navigation of licensing, monetization, investment, and commerce. Lead Facilitator Speakers Daniel Walvick, Angie Rho, David Rosenberg, Alexandra Bear, Senior Corporate Counsel, Head of Music Head of Content Senior Legal Pandora, Business Affairs, Licensing, Director, Brand, Oakland, CA CAA, Zoom, Advertising & Los Angeles, CA San Francisco, CA Media, Peloton, New York, NY Sally Stacy, Shrina Patel, SVP, Legal Affairs, Director of Business U.S. Concerts, & Legal Affairs, Live Nation, Merlin Network, Dallas, TX London, UK 3:30 pm -4:00 pm EDT // 12:30pm – 1:00 pm PDT Break 18
SCHEDULE OF EVENTS continued 4:00 pm – 5:00 pm EDT // 1:00 pm – 2:00 pm PDT Featured Speakers – Non-CLE A Conversation with Kathleen Dunbar & Joan Dukore Interviewer Speakers Hilarie Bass, Kathleen Dunbar, Joan DuKore, President & Founder, Professional Comedian, Professional Magician, Bass Institute for Diversity, and Las Vegas, NV Las Vegas, NV Inclusion; Former President, American Bar Association (2017-2018), Miami, FL 5:00 pm – 5:15 pm EDT // 2:00pm – 2:15 pm PDT Break 19
SCHEDULE OF EVENTS continued 5:15 pm – 6:15 pm EDT // 2:15 pm – 3:15 pm PDT Elimination of Bias in Entertainment & Sports Law (Elimination of Bias CLE Credit) Entertainment and sports lawyers represent a dynamic and forward-thinking clientele, but like the industry itself, entertainment and sports lawyers face a challenge of including historically underrepresented groups in the field. This expert panel will discuss strategies for identifying and eliminating bias in entertainment and sports law practice; diversity and inclusion efforts in entertainment and sports law; and the activities of the diversity and inclusion task force of the ABA Forum on the Entertainment & Sports Industries. Lead Facilitator Speakers Hilarie Bass, Neeta Ragoowansi, Jaia A. Thomas, Esq., President & Founder, Bass Institute Chair, Diversity Task Force, Forum on Founder/President, for Diversity, and Inclusion; Former the Entertainment & Sports Industries, Diverse Representation, President, American Bar Association New York, NY Los Angeles, CA (2017-2018), Miami, FL 20
SCHEDULE OF EVENTS continued Thursday, October 14, 2021 12:00 pm-1:00 pm EDT // 9:00 am – 10:00 am PDT Brexit and the Art & Entertainment Industry: How the EU-UK Trade and Cooperation Agreement will Impact the International Entertainment Industry (Pre-recorded) Attendees will be prompted immediately after watching the recording to apply for CLE credit. Since 2016, the European Union and the United Kingdom have engaged in contentious trade relations regarding the UK’s departure from the European Union. While a majority of the UK’s creative industries voted against this separation, it is now incumbent on them to face the reality at hand. How sectors in the entertainment industry will be impacted remains largely unknown, as the December 2020 provisional free-trade agreement offers very little certainty. This program seeks to introduce practitioners to the many challenges that they may face as a result of Brexit and the EU-UK Trade and Cooperation Agreement. These issues include access to funding, tax incentives, intellectual property issues, licensing, visas and immigration issues, as well as a complex regulatory scheme. Lead Facilitator Speakers Emily Behzadi, Davey Jay, Esq., Carolyn E Pepper, Gordon Williams, Assistant Professor of Partner, Partner, Partner, Law, Meehle & Jay, Reed Smith, Lee & Thompson LLP, California Western Orlando, FL London, United Kingdom London, United Kingdom School of Law, San Diego, CA 1:00 pm -1:15 pm EDT // 10:00 am-10:15 am PDT Break 21
SCHEDULE OF EVENTS continued 1:15 pm-2:30 pm EDT // 10:15 am – 11:30 pm PDT Litigation Update This last year has seen landmark decisions on a variety of issues in Entertainment Law–Sports, Music, Film and Television, and other key areas. A panel of litigation experts will run down some of the major developments in Court cases during the past year. This must-see event for all attendees will present practice tips and lessons learned from the litigation during the past year. The panel will also talk about discernible trends and cases likely to be a major factor in Entertainment Law in the coming year. Lead Facilitator Speakers Ken Freundlich, Julie Greer, Tim Warnock, Angela de Cespedes, Partner, Partner, Partner, Partner, Freundlich Law, Coblenz Patch Duffy Riley Warnock & Saul Ewing Arnstein Encino, CA & Bass LLP, Jacobson, & Lehr LLP, San Francisco, CA Nashville, TN Miami, FL 2:30 pm -2:45pm EDT // 11:30 am-11:45 am PDT Break 22
SCHEDULE OF EVENTS continued 2:45pm – 3:45 pm EDT // 11:45 am – 12:45 pm PDT Featured Speaker– Non-CLE A Conversation with Allan H. “Bud” Selig, Commissioner Emeritus, Major League Baseball Don Gibson served in senior legal and business roles with MLB and worked with former MLB Commissioner (and current Commissioner Emeritus) Allan H. “Bud” Selig. Mr. Gibson currently teaches a course with CE Selig at ASU on MLB's Impact on Law and Society. They will have a lively discussion covering a variety of issues, including the evolution of the role of the Commissioner, race and gender issues in Baseball, labor/management relations, the globalization of the game, the state of the game, and the future of the game. Interviewer Speaker Don E. N. Gibson, Allan H. “Bud” Selig, Professor of Practice, Commissioner Emeritus, Arizona State University, Sandra Major League Baseball Day O’Connor College of Law, Allan “Bud” Selig Sports Law and Business Program, Phoenix, AZ 3:45 pm – 4:00 pm EDT // 12:45 pm-1:00 pm PDT Break 23
SCHEDULE OF EVENTS continued 4:00 pm – 5:00 pm EDT // 1:00 pm – 2:00 pm PDT First Amendment and Creativity: Cultural Appropriation Free speech, the raison d’etre of the First Amendment, provides the right to express ideas and opinions. Originally a safeguard to express pluralistic views of government, free speech is now widely applied to almost any act of expression by anyone about anything, an expressive platform broadened and instantaneously communicated by the internet and social media. A competing interest to First Amendment is cultural appropriation--the adoption of customs, practices, ideas, food, fashion, iconography of one people or society by members of another. The melding of cultures in America, formerly termed “melting pot, is now considered by some unwelcome appropriation. Examples include borrowing symbols and sounds of other cultures for content in books, plays, dress, comedy, artworks and other creations. The panel of creators, experts and lawyers explores artistic freedom, the legal, philosophical and economic underpinnings of appropriation in contemporary America, and evaluates how the First Amendment may facilitate a prism of content creation and distribution of cultural voices. Lead Facilitator Speakers LeAnn Shelton, Binta Niambi Alexandra Darraby, Loren Schoenberg, Suzanne Nossel, General Counsel, Brown, Principal, Attorney and Senior Scholar, Chief Executive Architect, Founder, Author, Constitution, Musician, Officer, Rockwell Group, omalilly projects, Copyright and Culture, The National Jazz PEN America, New York, NY New York, NY Art Law Firm, Museum in Harlem, New York, NY Los Angeles, CA New York, NY 5:00 pm-5:30 pm EDT // 2:00 pm – 2:30 pm PDT Virtual Chair Yoga for Attorneys – Sponsored by Ivko, LLC Ivko, LLC presents Chair Yoga for Attorneys with Polina Ivko, Managing Member, Ivko LLC, New York, NY Instructor Ivko LLC was founded by an award-winning attorney Polina Ivko and it represents different clients within the arts, entertainment, luxury goods, and sports industries on transactional and litigation matters. Our attorneys’ combined law firm, in-house and judicial clerkship experience gives them the ideal background to handle any client’s needs. 24
SCHEDULE OF EVENTS continued 5:30 pm-7:00 pm EDT // 2:30 pm – 4:00 pm PDT Virtual Breaking into the Industry and Speed Networking (Non-CLE) The entertainment and sports industries are constantly evolving, and each attorney's entry and experience in these fields are unique. This panel will feature a diverse set of entertainment and sports lawyers who will share details about their practice, how they entered the industry, and how these practices will continue to change. Lead Facilitator Speakers Maacah Scott, Meghan Kane, Josh Siskin, Kaleisha Stuart, Rhuju Vasavada, Assistant General Former Assistant Manager of Legal Deputy General Counsel, Counsel, Counsel, NFL / Former Affairs, Counsel, Major League Chicago White Sox, Associate General Minnesota Wild, Dallas Cowboys, Baseball, Chicago, IL Counsel, Varsity Brands, St. Paul, MN Dallas, TX New York, NY Dallas, TX 25
SCHEDULE OF EVENTS continued Friday, October 15, 2021 10:30 am-11:30 am EDT // 7:30 am – 8:30 am PDT Anatomy of a Title IX/Harassment Investigation Presented by the Section of State and Local Government Law What happens when claims of sexual misconduct or abuse are made against employees/officials in educational institutions (including athletic departments) that receive federal funds? The panel will address best practices for handling sexual harassment/misconduct and discrimination investigations, public sector peculiarities, investigation pitfalls to avoid, and practical steps to minimize risk exposure/litigation. Speakers Maria F. Dwyer, Mary Kay Klimesh, Member, General Counsel, Clark Hill PLC, Douglas County Detroit, MI School District RE-1, Castle Rock, CO 11:30 am – 11:45 am EDT // 8:30 am – 8:45 am PDT Break 26
SCHEDULE OF EVENTS continued 11:45 pm – 12:45 pm EDT // 8:45 am – 9:45 am PDT Pragmatics and Ethics: A Topline View of Lawyers’ Obligations in the World of Cyber Security, Information Privacy, and Cyber Insurance (Ethics CLE Credit) Cybersecurity, data protection, and information privacy are critical issues facing multinational corporations. This panel will examine cybercrime (ransomware, data breach and theft, social engineering schemes) and nation state cyberattacks (Solarwinds, Hafnium), related ethical requirements for lawyers, and practical challenges of protecting client files and communications, disclosing breaches, and backing up data. The panel also will examine relevant cyber insurance coverages available to protect against first-party losses and liability exposures stemming from cyber events. Lead Facilitator Speakers Sergio Oehninger, Victoria Beckman, Guillermo Christensen, Mario Paez, Partner, Principal Corporate Partner, Director, Cyber & Tech E&O, Morgan, Lewis & Bockius, Counsel, Ice Miller LLP, Marsh McLennan Agency, LLP, Washington, DC Microsoft Corp, Ft. Washington DC Minneapolis, MN Lauderdale, FL 27
SCHEDULE OF EVENTS continued 12:45 pm -1:15 pm EDT // 9:45 am – 10:15 am PDT Musical Performance by Folk Uke It was 1998 in San Diego’s Gaslamp Quarter when Cathy Guthrie and Amy Nelson met at a bar…where they both worked. One was a tramp and one was devastatingly pure. With a ukulele and an acoustic guitar, they formed a band for the same reason kids join gangs— just to survive, but also to unleash the brilliance that was poking them from within. Left to Right: Cathy Guthrie and Amy Nelson Photo by Kim Reed Don’t believe the rumors. Folk Uke is not totally amazing. They’re just kind of amazing. If you find yourself at a Folk Uke show, you are in for a treat— but maybe not the kind of treat that you like the taste of. Come to the show and see for yourself. Better yet, buy their albums first and you may save yourself the trouble. And if you make it to a live Folk Uke show, do your best to enjoy it…and then give them two more chances. They are hit and miss, but so are you most likely, and that is their charm. We live to inspire and we’re tired of writing in third person. 1:15 pm – 2:15 pm EDT // 10:15 am – 11:15 am PDT Leaving It All on the Field/Court/Ice: Diversity and Inclusion in the Sports Industry (Elimination of Bias CLE Credit) This session will consider the importance of diversity and inclusion in the sports industry and sports law, and building a more robust engagement strategy for employees and fans. This panel will discuss the business, legal, and ethical challenges, and opportunities that organizations have after a tumultuous year in social justice and awareness. Lead Facilitator Speakers Naima Stevenson Starks, Woodie Dixon, Allison Rich, Adolpho Birch, Deputy General Counsel, General Counsel, Senior Associate Athletics Senior Vice President of NCAA, Chegg, Director, Senior Woman Business Affairs & Chief Indianapolis, IN San Francisco, CA Administrator (SWA), Legal Officer, Tennessee Princeton University, Titans, Princeton, NJ Nashville, TN 28
SCHEDULE OF EVENTS continued 2:15 pm -2:30 pm EDT // 11:15 am – 11:30 am PDT Stretching with Carrie - Sponsored by Riley Warnock & Jacobson 2:30 pm – 3:15 pm EDT // 11:30 am – 12:15 pm PDT Featured Speaker – Non-CLE A Conversation with William “Bill” DeWitt III, President, St. Louis Cardinals Ken Freundlich will interview Bill DeWitt III on current topics in Major League Baseball, as seen through the lens of the C-Suite of the Ballclub. Interviewer Speaker Kenneth Freundlich, William “Bill” DeWitt III, Principal, President, Freundlich Law, St. Louis Cardinals, Encino, CA St. Louis, MO 3:15 pm – 3:30 pm EDT // 12:15 pm – 12:30 pm PDT Guided Meditation with Vernon Nicolas - Sponsored by Riley Warnock & Jacobson 29
SCHEDULE OF EVENTS continued 3:30 pm – 4:30 pm EDT // 12:30 pm – 1:30 pm PDT Feature Speaker – Non-CLE Behind-the-ScenesTour of the Metropolitan Museum of Art: Department of Africa, Art in the Americas and Oceania Sponsored by Venable, LLC You’re invited by the ABA Forum on Entertainment and Sports Industries to a private behind-the- scenes tour of the galleries of The Michael C. Rockefeller Wing at the Metropolitan Museum of Art, New York, and a dialogue between Alisa LaGamma, Ceil and Michael E. Pulitzer Curator Arts of Sub- Saharan Africa, Curator in Charge, and Alexandra Darraby, Division Chair of the Forum’s International Section, who arranged this special event for the Forum’s Annual Meeting. Alexandra and Alisa will have a conversation on how the collections, which source to diverse cultures, inform contemporary understanding and experiences. Attendees who register will view the construction site for the remodel of the Wing, learn about the objects and architectural plans for exhibiting the collections, and hear Alexandra’s interview of Alisa, which enables a viewing of works specially removed from storage for this presentation that are not available to the public until the Wing re-opens. Wear your hard-hats! Interviewer Speaker Alexandra Darraby, Alisa LaGamma, Ph.D, Principal, Attorney and Author, Ceil and Michael E. Pulitzer Curator in Charge Constitution, Copyright and Culture, Arts of Africa, Oceania, and the Americas Art Law Firm, Metropolitan Museum of Art, Los Angeles, CA New York, NY 4:30 pm – 4:45 pm EDT // 1:30 pm – 1:45 pm PDT Break 30
SCHEDULE OF EVENTS continued 4:45 pm – 5:45 pm EDT // 1:45 pm – 2:45 pm PDT Hits and Misses During Covid: What Areas of Entertainment Have Succeeded and Why during Covid? What Areas of Entertainment Have Been Hurt. What Should Attorneys and Counselors at Law Advise Clients During a Pandemic? The shutdown of the US economy in March brought a halt to film and television production, live events (including concerts and theme parks) and going to the movies. Video game development continued and streaming services picked-up additional content, with more folks playing games and watching television while staying-home. Executives from these industries will discuss some of the reasons for the commercial success of the video game and streaming spaces, and the continued negative impact that the pandemic has had on other areas of entertainment and will discuss the legal advice they were seeking from their attorneys during the shutdown and what attorneys, as counselors at law to these industries, needed to be advising during the pandemic. Lead Facilitator Speakers Mark Tratos, Deborah Dean, Myron Martin, Seth Steinberg, Shareholder, Chief Tech President and CEO, Principal, Greenberg Traurig, Commercialization Smith Center for the Digital Arts Law, Las Vegas, NV Officer, Performing Arts, San Francisco, CA BioIQ, Las Vegas, NV Atlanta, GA Chris Carvalho, Douglas Reilly, Digital Media Executive Vice President and Board Member Lucasfilm Games, Roblox, San Rafael, CA San Francisco, CA 31
SCHEDULE OF EVENTS continued 6:00 pm-7:00 pm EDT // 3:00 pm-4:00 pm PDT Featured Speaker – Non-CLE Discussion with Nevada Attorney General Aaron D. Ford Moderator and ABA State and Local Government Law Section Chair Steven F. Stapleton will host Nevada Attorney General Aaron D. Ford and the two will discuss topics of interest to the State and Local Government Law Section and Forum on Entertainment and Sports. Topics will include the status of NIL in Nevada for the amateur student-athlete, use of Nevada stadiums and arenas for election activities and vaccination sites and other legal updates. Interviewer Speaker Steven F. Stapleton, Aaron D. Ford, Chair of the ABA Section of State and Local Nevada Attorney General Government Law and Member, Carson City, Nevada Clark Hill PLC., Grand Rapids, MI 7:15 pm - 8:15 pm EDT // 4:15 pm – 5:15 pm PDT Virtual Happy Hour 32
SPONSORS Thank you to all of our sponsors for their continued support of the Forum. Emerald Sponsors Gold Sponsor Bronze Sponsors Specific Conference Activity Sponsors Behind-the-Scenes Tour of Friday Speed Mentoring Session Wellness Sessions Metropolitan Museum of Art 33
Conference Information Early-Bird Registration Early bird registration extended through the end of the conference. Visit the conference website at https://cvent.me/xk7ze3?RefId=welcome or complete the registration form included in this brochure. There are no one-day registration or single event options. There are no one-day registration or single event options. Financial Assistance A limited number of scholarships to defray tuition expenses are available for this program. To request an application or receive additional information, please contact, bernadettte.steele@americanbar.org by September 24, 2021. Qualifying attorneys may receive a 50% reduction in tuition fees. Continuing Legal Education (CLE) Credit The ABA will seek 19.00 hours of CLE credit in 60-minute states, and 22.80 hours of CLE credit for this program in 50-minute states* including 2.0 hours of CLE Ethics credit in 60-minute states and 2.40 hours of CLE Ethics credit in 50-minute states; and 2.0 hours of CLE Elimination of Bias credit in 60-minute states and 2.40 hours of CLE Elimination of Bias credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. Please visit americanbar.org/MCLE for general information on CLE at the ABA. *Florida Bar regulators have stated that attorneys will not receive Florida credit for any ABA program, even if they self-apply. Cancellation Policy Registrants who are unable to attend the program will receive a refund less a $50.00 administrative fee if a written cancellation is received by September 24, 2021. For additional questions, please send an email to Bernadette.steele@americanbar.org. Substitutions are acceptable. Cancellations may be faxed to 312-988-5850. The ABA reserves the right to cancel any programs and assumes no responsibility for personal expenses. 34
You can also read