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Technology and Entertainment Convergence 2013: Hot Business and Legal Issues in "Technotainment"


Speaker(s): Brad Prendergast, Christopher R. Lockard, Cydney A. Tune, James G. Gatto, Jeffrey J. Brabec, John F. Delaney, Kenneth L. Steinthal, Liisa M. Thomas, Rhonda R. Trotter, Todd Brabec
Recorded on: Sep. 18, 2013
PLI Program #: 44987

Cydney Tune is Senior Counsel at Pillsbury's San Francisco office, and leads the firm's Copyrights practice and Media & Entertainment industry team.  Her practice includes a wide variety of intellectual property issues, including copyrights and trademarks, as well as a broad array of entertainment, licensing, E-Commerce and rights enforcement matters.  She represents a variety of clients—large and small, domestic and foreign, and in many different industries.

The Daily Journal named Ms. Tune one of 2008's Top 10 Copyright Lawyers in California and listed her among California's top "25 licensing specialists" in 2010.  She is regularly voted by her peers as among the Best Lawyers in America in the Entertainment Law and Media Law categories.  She has also been named a “Super Lawyer” in intellectual property.  She is a frequent speaker and author on topics pertaining to intellectual property, licensing and the convergence of entertainment and technology.

Affiliations

  • Past Vice Chair, ABA Forum on the Entertainment and Sports Industries, and Immediate Past Chair of the Licensing, Branding and Merchandise Division for that organization
  • Immediate Past Chair, Copyright Interest Group, State Bar of California IP Section, former Executive Committee member
  • Editorial Board, International Entertainment Law Journal
  • Advisory Board, Copyright World
  • Advisory Board, Internet Law & Strategy
  • Executive Committee and Northern California Chapter Chair, Emeritus, Copyright Society of the U.S.A.


 

Services

Advertising, Consumer Protection, & Entertainment Disputes, Advertising, Promotions & New Media Counseling & Transactions, Brand Enforcement/Trademark Litigation, Intellectual Property, IP/IT Transactions & Licensing, Privacy & Data Security, Trademark Prosecution

Sectors

Food, Beverage & Agriculture, Intellectual Property, Media & Entertainment, Pharmaceuticals & Medical Devices, Retail & Consumer Products, Sports

Admissions

Illinois, District of Columbia

Education

University of Chicago, JD 1996

Haverford College, BA 1993

Fluencies

French

Liisa Thomas, a partner based in the firm’s Chicago and London offices, is the chair of the firm’s Global Privacy and Data Security Practice. Her clients rely on her ability to create clarity in a sea of confusing legal requirements and describe her as “extremely responsive, while providing thoughtful legal analysis combined with real world practical advice.” According to Chambers, clients are quick to praise her “hard-working, business-focused, and detail-oriented approach to matters” and describe her as “keeping [clients] one step ahead of where [they] need to be.” 

Ms. Thomas, who was born in Finland and has lived in France, Egypt, and Spain, frequently coordinates global efforts in the privacy area for her clients. Clients value her global insights and familiarity with business systems outside of the United States. With Ms. Thomas’s assistance, her clients—which include major consumer brands, advertising agencies, and consumer research companies—are able to navigate thorny data breach disclosure issues, use emerging interactive advertising techniques, and create compliant security programs all while effectively managing their legal risks. She assists clients with a variety of legal issues, including:

  • Identifying and investigating data breach incidents
  • Coaching clients through the data breach notification process
  • Creating information protection and security programs
  • Simplifying privacy policies to better protect corporate clients
  • Developing compliant text message and mobile marketing campaigns
  • Navigating the complex legal world of online behavioral advertising
  • Ensuring compliance in social media promotions
  • Counseling on children’s advertising and privacy issues

Ms. Thomas has been recognized by the Leading Lawyers Network, Chambers, and Legal 500, and was recently selected to Cybersecurity Docket’s inaugural “Incident Response 30,” which honors 30 incident response professionals critical to managing data breaches. She has also been honored for her leadership in the legal field by the Illinois Diversity Council (awarding her a Multicultural Leadership Award). In 2014, Ms. Thomas was named by CorporateLiveWire as the Illinois Advertising Lawyer of the Year and as one of 15 practitioners nationwide in the Minority Corporate Counsel Association’s Annual List of Rainmakers. Ms. Thomas is often quoted by the press and has spoken and written extensively on cutting-edge privacy law matters, including authoring the top-selling Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, described as “a no-nonsense roadmap for in-house and external practitioners alike.”

Ms. Thomas is currently an adjunct professor in Northwestern University’s Masters of Science in the Law Program, and has taught privacy courses at several other Chicago-area law schools, including DePaul University and the University of Chicago. Ms. Thomas is a member of the firm’s Diversity Committee, chairs the International Trademark Association Bulletins Committee, and serves on the Board of Trustees of the Chicago Symphony Orchestra.

Ms. Thomas received a B.A. in History from Haverford College and a J.D. from the University of Chicago Law School. She is an avid sailboat racer and plays violin in the Chicago Bar Association Symphony Orchestra, an orchestra made up of lawyers and judges.


Chris Lockard is Corporate Counsel at The Clorox Company, where he advises an array of leading consumer brands including Brita, Glad, Kingsford, Hidden Valley Ranch and Burt's Bees on issues involving their marketing and promotional work on digital and interactive media platforms. He also serves as the company's lead counsel on consumer privacy and data security issues globally, as well as the lead attorney for the Brita business.

Chris regularly advises on and negotiates contracts involving content licensing, talent rights, branded entertainment, sponsorships, integrated marketing campaigns and contests and sweepstakes. His work includes advising marketing and creative services professionals on advertising and promotional activities on social media platforms like Facebook, Twitter and YouTube, the production of commercials, online videos and branded programming, and the creation and hosting of websites, blogs and internal and external social networking environments. 

Prior to joining Clorox, Chris was an associate at Pillsbury Winthrop Shaw Pittman LLP in San Francisco, where he practiced intellectual property and corporate law and advised clients on copyright and trademark licensing, entertainment and publishing projects, digital music and website issues, mergers and acquisitions, corporate governance and private equity transactions. He also spent four years working on public policy issues for a nonprofit organization in Washington, D.C.

Chris currently serves as the Chair of the Copyright Committee of the State Bar of California Intellectual Property Section. He holds a law degree from the University of California, Hastings College of the Law, where he graduated magna cum laude and served as Editor-in-Chief of the Hastings Law Journal. He also received a journalism degree from Northwestern University and a master's degree from The Johns Hopkins University.


JEFF BRABEC is Vice President of Business Affairs for BMG Chrysalis (representing, among others, the catalogues of will.i.am, Bruno Mars, OutKast, Cee Lo Green, David Bowie, My Morning Jacket, Sheryl Crow, Gnarls Barkley, Danger Mouse, John Denver, Leon Russell, Blondie, David Bowie, Paul Anka, Billy Idol, Jethro Tull, Yeah Yeah Yeahs, Dan Wilson, Paul Anka, TV on the Radio and Ray LaMontagne). 

He specializes in evaluating, analyzing, projecting income and negotiating music publishing catalogue acquisitions as well as songwriter, co-publishing, participation, administration, subpublishing and joint venture agreements.

Previously, he has been Vice President of Business Affairs for both The Chrysalis Music Group and The PolyGram Music Group and Director of Business Affairs for The Welk Music Group and Arista-Interworld Music Group where he represented the catalogues of Elton John, Henry Mancini, Van Morrison, Jimi Hendrix, Hall & Oates, Jerome Kern, and Oscar Hammerstein II, among others.  A graduate of New York University School of Law, he has also been a government legal services attorney. 

Brabec is the co-author with his twin brother Todd (former Executive Vice President of ASCAP) of the best-selling book "MUSIC, MONEY, AND SUCCESS: The Insider's Guide To Making Money In The Music Business" (7th Edition / Schirmer Trade Books/Music Sales) and has been awarded the Deems Taylor Award for excellence in music journalism. 

 Brabec is an adjunct professor at USC Thornton School of Music/Business Division, guest lecturer teaching music publishing for Berklee School of Music and contributing editor to the Entertainment Law & Finance Magazine .Brabec also lectures extensively on the business and legal aspects of the music industry.


John F. Delaney is a partner in the New York office of Morrison & Foerster LLP, where he leads the office’s Technology Transactions Group.  Mr. Delaney has advised clients ranging from Fortune 500 companies to early-stage start-ups on a wide range of complex technology law issues, including outsourcing transactions (covering IT, BPO, HRO, ADM, Business Transformational, Business Continuity & Disaster Recovery and Offshoring arrangements), SaaS, IaaS, PaaS, privacy and data security, cloud computing, big data, social media, mobile applications, digital content distribution, technology development agreements and joint venture relationships.  He has also assisted clients in developing licensing campaigns and royalty strategies, and on the creation of and participation in standard-setting organizations.

Mr. Delaney is ranked by Chambers & Partners as one of America’s leading business lawyers (recommended in New York for "Technology & Outsourcing" (Band 1) and nationally for “Outsourcing” (Band 2); is recommended by Legal 500 in the areas of “Technology:  Outsourcing,” “Technology:  Transactions” and “Technology: Data Protection and Privacy”; and is recognized by Best Lawyers in America (Information Technology), PLC Which Lawyers (Outsourcing), IAM Patent 1000 – The World’s Leading Patent Practitioners (Patent Licensing) and Superlawyers (Intellectual Property; IT & Outsourcing; Entertainment & Sports).  Crain’s New York Business included him in its “Technology 100,” a list of individuals “likely to shape the direction and growth of New York’s economy for years to come.”

Mr. Delaney received his B.A. from the University of Notre Dame, and his J.D. from Columbia Law School.

Contact:  JDelaney@mofo.com or 212.468.8040


Rhonda Trotter is a partner at Kaye Scholer LLP and a trial lawyer who represents businesses around the country in a variety of commercial disputes, including complex commercial, intellectual property, business torts, breach of contract, false advertising, employment, and product liability matters. She is Co-Head of the Firm's Trademark, Copyright and False Advertising Group.  A music transactional attorney earlier in her career, Rhonda brings her deep knowledge of the entertainment industry to bear in representing clients in that industry in their adversarial disputes.

Rhonda has tried several cases to verdict as "first chair," including a January 2011 jury trial in which she obtained on behalf of the owner of the freecreditreport.com trademark a seven-figure cybersquatting verdict, and successfully defended counterclaims for fraud on the Patent and Trademark Office and antitrust violations.

Rhonda's track record and experience has garnered significant recognition and praise. Notably, in her last jury trial, opposing counsel described her to U.S. News-Best Lawyers "Best Law Firms" 2013 as "an excellent lawyer and professional. She was a worthy adversary and presented her case in a very persuasive manner." Rhonda was recently acknowledged by World Trademark Review 1000 2013 in which clients describe her as "a much-valued counsel who can be relied upon to deliver fantastic results" and who "cultivates longstanding working relationships thanks to her 'well-prepared, accomplished and tough' courtroom performance." She was also named to the Los Angeles Business Journal's "Angelenos to Know in Intellectual Property Law" list?one of 40 Los Angeles County lawyers to be selected for their outstanding achievements in the field. Rhonda has also been recognized as an "IP Star" by Managing IP Handbook 2013.

Rhonda received her J.D. from the University of California at Berkeley (Boalt Hall), where she was Senior Articles Editor of the California Law Review, winner of the McBaine Moot Court Honors Program, and recipient of the Stephen Finney Jamison Award for outstanding scholarship and advocacy. She received her B.A. in Political Science from Stanford University.

Rhonda is a member of the 50th Anniversary Campaign Steering Committee for A Better Chance, Inc., and a former board member of the Los Angeles County Bar Foundation and the Western Center on Law and Poverty.


Ken Steinthal is a partner in the Intellectual Property Practice in King & Spalding's San Francisco office.  He has more than 30 years of experience litigating matters in the IP/media sector, both in jury and bench trial settings and before copyright tribunals in the United States and internationally (where he has earned "rights of audience" to represent his clients). Ken's practice is focused on copyright, DMCA safe-harbor and antitrust/rate-setting cases involving the distribution of audio and audiovisual content, often involving the establishment of structures and rates for the exploitation of musical works and sound recordings in both traditional (e.g., cable, satellite, broadcast) and new media distribution environments.  In the last two years, Ken has led the recent trial and related court proceedings on behalf of Pandora against ASCAP and BMI, which proceedings have resulted in much-publicized Department of Justice investigations of ASCAP/BMI and their consent decrees.  He also is representing NPR in the ongoing "Web IV" proceedings to establish rates and terms for webcasters for the statutory license term 1/1/2016 - 12/31/2020.  And he is also lead counsel defending a group of defendants (Amazon, Microsoft, Apple, eMusic  and The Orchard) in a putative class action alleging systemic failures to clear mechanical rights associated with the sale of downloads in the United States.


Todd Brabec, former ASCAP Executive Vice President and Worldwide Director of Membership, is an Entertainment Law attorney and industry consultant, a Deems Taylor Award winning co-author of the best selling music business book "Music Money and Success: the Insiders Guide to Making Money in the Music Business"(7th edition/560 pages/Schirmer Books), an Adjunct Professor at USC where he teaches  Music Licensing, Music Publishing and Film, Television and Video Game Scoring and Song Contracts and a current Governing Committee member and former Music and Budget Chair of the American Bar Association Forum on the Entertainment and Sports Industries.

During his 37 year ASCAP career, he was responsible for signing most of ASCAP's successful songwriter/artists including ,among others, Marvin Gaye, Metallica, Journey, Neil Young, Smokey Robinson, Tom Petty, Sting, James Taylor, Joni Mitchell, the Jimi Hendrix song catalogue, ZZ Top, War, Green Day, Bryan Adams, Jeff Lynne(ELO), Steely Dan, Fergie, Donna Summer, Motley Crue, Avril Lavigne, Supertramp, Foreigner, Marc Anthony, Bob McDill, America, John Prine, Rob Thomas and Earth, Wind and Fire as well as the worldwide top grossing box office feature film composers James Horner( "Avatar"and "Titanic"- #1 and #2 all time box office films), Alan Silvestri( #3 all time box office film "Marvel's the Avengers"), Hans Zimmer( "Pirates of the Caribbean" films), James Newton Howard("Hunger Games", "Dark Knight") and Randy Newman(" Toy Story 1, 2 and 3" films)in addition to many of the top television series score composers and theme song writers.

His  efforts over his career were instrumental in taking ASCAP from a 20% overall market share to a  52% share of radio and competitive dominance in broadcast television, cable and worldwide top grossing feature films as well as an increase in total annual receipts from 60 million dollars to 995 million dollars.

In addition, he significantly changed most of ASCAP's distribution, payment and survey rules and systems and was responsible for significantly increasing the royalties and payment formulas for successful radio writers and film and television score and theme composers as well as eliminating practically all ASCAP payment and distribution policies, formulas and rules which were not in the best interests of songwriters and composers or which had a negative effect on their earnings or which financially penalized success. In addition, he was in charge of and responsible for all writer and publisher advances, guarantees, bank loans, financial incentives and other member inducements.

He lectures extensively throughout the world at conferences, universities, foreign licensing and collection societies, hedge funds and investment banking firms, law firms and management companies and has over 400 published articles on the business and law of Music and Entertainment including the ABA Entertainment and Sports Lawyer, the International Association of Entertainment Lawyers annual handbook, the Entertainment and Arts handbook, Score magazine, Variety, the Hollywood Reporter and many others.


Jim Gatto is a partner in the Intellectual Property Practice Group in the firm's Washington, D.C. office.
 
Areas of Practice
Mr. Gatto leverages his unique combination of nearly 30 years of IP experience, business insights and attention to technology trends to help companies develop IP and other legal strategies that are aligned with their business objectives. His practice focuses on all aspects of intellectual property, internet and technology law, including patent, trademark, copyright, trade secret and open source. Mr. Gatto advises clients of all sizes (start-ups to Fortune 100 companies) on key legal and business issues relating to the use of social media, video games, social games and online gambling (gamblification), virtual goods and currency, social networks, virtual worlds, mirror worlds, augmented reality, open source user-generated content, location-based services and gamification.

He has extensive experience advising internet and social media companies on business and legal strategies relating to virtual goods and virtual currency, developing IP protection and monetization strategies, handling terms of service and end user license agreements, development, licensing and partnership agreements, developing DMCA policies, handling DMCA enforcement, privacy and COPPA policies and much more.

Mr. Gatto's practice is national and international, and it encompasses a full range of IP and technology issues, including: patent, trademark, copyright and trade secret litigation; counseling and technology transactions; developing and implementing IP strategies to protect and to monetize IP assets; creating and implementing corporate IP programs; conducting IP audits; conducting complex patent prosecution, including patent appeals, interferences, Inter Partes Review (IPRs), reissues and protests; handling patent enforcement issues, including licensing and litigation; negotiating and drafting technology agreements; conducting IP due diligence in and negotiating IP aspects of mergers, acquisitions and financings; rendering opinions concerning the infringement, validity and enforceability of patents; handling trademark prosecution, domain name, copyright and trade secret matters; handling IP aspects of employment issues; advising clients on legal issues associated with open source software including open source patent issues, licensing, open source compatibility issues, indemnity issues and developing and implementing corporate policies on use of open source software; advising clients on the legality of cutting edge Internet business methods and technology; and advising clients on computer law issues such as computer fraud and abuse and SPAM-related issues.