Skip to main content

"Technotainment" 2014: Distributing Content Across Multiple Platforms


Speaker(s): Bobby Ghajar, Brooke Wentz, Cydney A. Tune, Elena Magula, Elizabeth R. Murphy, Ian C. Ballon, Joseph P. Salvo, Maidie E. Oliveau, Monique N. Bhargava, Peter Steckelman
Recorded on: Sep. 17, 2014
PLI Program #: 51835

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.


Joseph P. Salvo currently serves as General Counsel of HiT Entertainment, an international children’s entertainment company that owns such pre-eminent pre-school brands as Barney, Thomas the Tank, Bob the Builder and Angelina Ballerina. He also serves as Vice President & Associate General Counsel at Mattel, Inc., which acquired HiT in February, 2012. HiT is involved in all forms of production and licensing, including television, film, audio, home video and consumer products.

Prior to becoming General Counsel to HiT, Joe spent 13 years working for a combination of Sony Music, Arista Records and Sony BMG Music Entertainment, where he was involved in a wide variety of contract, licensing and intellectual property issues and personally handled contract negotiations and drafting for such diverse artists as Bruce Springsteen, Celine Dion, Whitney Houston, Yo Yo Ma and John Mayer.

Joe also served as Special Counsel at Weil Gotshal and Manges from 2006-2008, where he counseled many of the largest internet music service providers on international publishing and sound recording rights issues, including Apple, MySpace, Yahoo, AOL, Pandora, MediaNet and Sony, and coordinated the trial team for the UK Copyright Tribunal proceeding that set the first-of-its-kind UK publishing rates for internet distribution of music.

Joe also serves as the current President of the Copyright Society of the USA (through June 2014), and has been an adjunct professor of law, teaching Entertainment Law at St John’s University School of Law in NY, since 2001.


Monique Bhargava is an associate in the advertising, marketing, and privacy group. She advises clients in a broad spectrum of industries with respect to advertising, consumer promotions/marketing, trademark, copyright, data privacy, domain name, and other intellectual property matters relating to the entertainment and media sector.

Ms. Bhargava works closely with clients to develop practical and business-minded solutions to help clients achieve their goals while navigating legal risks. She has significant experience in the areas of advertising and marketing law, and assists both agencies and advertisers with all aspects of advertising clearance/claim substantiation, from concept to completion. She also has extensive experience negotiating talent agreements, sponsorships, and licensing agreements.

Ms. Bhargava regularly works with clients to structure legally compliant consumer incentives and programs, such as sweepstakes, contests, gift cards incentives, telemarketing, loyalty programs, email campaigns, and cause marketing campaigns. She also counsels clients on the use of new technologies and media, including e-commerce, mobile marketing and applications, social media, and user-generated content.

Ms. Bhargava’s experience includes data privacy and security matters, particularly as it intersects with consumer advertising and marketing matters. She routinely helps clients comply with the continuously changing landscape of consumer privacy and works with clients to develop internal and consumer facing privacy policies and practices, including with respect to mobile privacy, data collection and use, and targeted advertising. Ms. Bhargava also assists clients in developing and executing data breach response plans, as well as advising on data security, use, and sharing practices.

In addition, Ms. Bhargava counsels and represents clients in false advertising, copyright, and trademark litigation and disputes as well as in matters before the National Advertising Division. Ms. Bhargava’s experience extends to UDRP proceedings, domain name management and enforcement, and new gTLD strategies.

Ms. Bhargava received a B.A. in Political Science and Molecular Cell Biology with an emphasis in Neurobiology in 2004 from the University of California at Berkley. She received her J.D., magna cum laude, in 2008 from the University of Illinois College of Law, where she was symposium editor of the University of Illinois Law Review.


Ian C. Ballon
Shareholder
Internet, Intellectual Property & Technology Litigation

Admitted: California, District of Columbia and Maryland
Second, Third, Fourth, Ninth and Federal Circuits
U.S. Supreme Court
JD, LLM, CIPP

Ballon@gtlaw.com
LinkedIn, Twitter, Facebook, Google+: Ian Ballon

Ian Ballon represents Internet, technology, mobile and other companies in intellectual property, privacy and security litigation, including the defense of data privacy, security breach, behavioral advertising and TCPA class action suits.  He is also the author of the leading treatise on Internet law, E-Commerce and Internet Law: Treatise with Forms 2d edition, the 4-volume set published by West (www.IanBallon.net).  In addition, he is the author of The Complete CAN-SPAM Act Handbook (West 2008) and The Complete State Security Breach Notification Compliance Handbook (West 2009). He also serves as Executive Director of Stanford University Law School’s Center for E-Commerce, which hosts the annual Best Practices Conference where lawyers, scholars and judges are regularly featured and interact.

Mr. Ballon has brought or defended significant and often cutting edge suits involving computer software, the Internet and mobile technology. A list of recent cases may be found at http://www.gtlaw.com/People/Ian-C-Ballon.

Mr. Ballon was named the Lawyer of the Year for Information Technology Law in the 2013 and 2016 editions of Best Lawyers in America. In addition, he was the 2010 recipient of the State Bar of California IP Section’s Vanguard Award for significant contributions to the development of intellectual property law (http://ipsection.calbar.ca.gov/IntellectualPropertyLaw/IPVanguardAwards.aspx).  He is listed in Legal 500 U.S., The Best Lawyers in America (in the areas of information technology and intellectual property) and Chambers and Partners USA Guide in the areas of privacy and data security and information technology.   He also has been recognized by The Daily Journal as one of the Top 75 IP litigators in California in every year that the list has been published, from 2009 through 2015, and has been listed as a Northern California Super Lawyer every year from 2004 through 2015 and as one of the Top 100 lawyers in California. Mr. Ballon also holds the CIPP/US certificate for the International Association of Privacy Professionals (IAPP).


Bobby Ghajar
Partner
Pillsbury Winthrop Shaw Pittman LLP

Bobby Ghajar is a trial attorney focusing on intellectual property and business litigation. He is the leader of the law firm’s worldwide trademark practice.

For each of the past two years, Mr. Ghajar was named one of the Top 75 IP Litigators in California by the Daily Journal (2012-2013). In 2014, the World Trademark Review 1000 again recognized him for both his trademark litigation and trademark counseling experience. Also in 2014, Managing Intellectual Property magazine named Mr. Ghajar as an IP Star based on extensive research among IP practitioners. In 2013, he was also recognized as one of Law360’s Rising Stars featuring attorneys under the age of 40 whose legal accomplishments belie their age; he was one of only nine intellectual property attorneys recognized by the publication, and the only one whose practice is focused on trademark and copyright litigation and counseling.

Although he has litigated cases that cover a wide range of complex commercial litigation, Mr. Ghajar's practice is centered around his representation of leading companies in trademark, trade dress, copyright, right of publicity, and false advertising litigation. He has handled dozens of high-stakes litigation and appellate matters for some of the top brand owners in the world. He has successfully tried cases to jury and litigated on behalf of clients in preliminary injunction, summary judgment and appeal proceedings, and before various appellate courts across the country. Mr. Ghajar is also experienced in all aspects of practice before the USPTO and has argued successfully before the Trademark Trial and Appeal Board.

Complementing his litigation practice, Mr. Ghajar has significant experience providing clients with creative and results-oriented counseling – ranging from clearance and prosecution in nearly 200 jurisdictions worldwide, to the creation of brand guidelines and enforcement strategies. He brings unique experience in international trademark matters, having managed some of the largest international trademark portfolios, worked on litigations in dozens of countries, filed hundreds of trademark applications for his clients, and settled numerous multi-jurisdictional disputes.

Mr. Ghajar's Internet practice involves counseling on advertising issues, take downs, enforcement in virtual worlds and social media, counseling on secondary liability, and domain name reclamation.

The World Trademark Review 1000 described Mr. Ghajar as an “agile attorney whose profile continues to rise by earning national acclaim for his superb courtroom performances and a string of recent trial successes” and Legal 500 US as "a very strong advocate with great business acumen", "Bobby Ghajar has also assisted start-up companies, whilst also developing his name in internet-related domain name reclamation".

Mr. Ghajar speaks and writes extensively on intellectual property and internet issues, and has been quoted in numerous entertainment and legal publications in both the U.S. and Canada. He is also a contributor to the firm’s Social Media & Games Law blog.


Brooke Wentz is an IP rights executive who founded The Rights Workshop, a consultancy company specialized in securing music rights and licensing music for emerging media and tech start-ups. Prior she was the former MD for ESPN, a legal consultant to TechTV and Manager of A&R Administration for Arista Records. She authored the book Hey! That’s My Music: Music Supervision, Licensing and Content Acquisition and has recently launched a new platform for discovering, listening and licensing international music called Seven Seas Music. She is a former public radio host who won a Billboard Award for one of the best selling world music recordings. Brooke holds an MBA from Columbia Business School and received her B.A. degree, magna cum laude, from Barnard College.


Elena Magula joined FremantleMedia North America, Inc. in 2009. In her role as Vice President of Business & Legal Affairs, she handles a wide range of matters across FremantleMedia’s diverse portfolio, and has broad experience in IP licensing, gaming and gambling compliance, content production, and traditional and new media forms of distribution. Among other projects, Elena oversees business and legal affairs for FremantleMedia’s licensing activities (including consumer products, digital/interactive goods and services, sponsorship/promotions, and live events), as well as production, distribution, joint ventures and partnerships associated with FremantleMedia’s digital production and distribution studio, Tiny Riot LLC. FremantleMedia’s diverse portfolio of programming includes American Idol, America’s Got Talent, classic game show such as The Price Is Right, Family Feud, and Let’s Make A Deal, as well as the much anticipated scripted series The Returned and American Gods.

Prior to joining FremantleMedia, Elena acted as Manager of Business & Legal at Universal Studios Home Entertainment, where she provided legal counsel on issues relating to distribution and promotion of NBC/Universal home entertainment products, including intellectual property concerns, privacy/publicity rights, talent, insurance and guild/collective bargaining issues. During her tenure at USHE, she also collaborated on the transition to Blu-ray, and the advent of interactive/connected features on various home entertainment platforms, such as social networking and UGC initiatives.

Elena graduated with honors from UC Berkeley, with a double major in English and Mass Communications. She went on to law school at Pepperdine University in Malibu, where she was an editor on the journal National Association of Administrative Law Judiciary.


Elizabeth R. Murphy is in her 16th season as Vice President and Deputy General Counsel of the San Francisco Giants Major League Baseball club. She is responsible for all legal matters pertaining to the team’s negotiation, documentation and completion of the Giants’ and its related entities’ commercial, sponsorship, ticket services and media transactions. She also handles the club’s intellectual property and sweepstakes and social media matters. She also handles some employment and player matters.

Previously, Ms. Murphy was Senior Counsel with Pillsbury Winthrop Shaw Pittman in San Francisco, CA, where she was a member of the firm’s real estate group. She joined Pillsbury immediately after law school.

Ms. Murphy served as a Co-Chair for the BMA/PMA’s Annual Marketing Law Conference in November 2013 and has participated as a panelist for numerous law school, Sports Lawyers Association and MCLE events. Ms. Murphy also recently served as a Vice-Chair of the Bar Association of San Francisco’s Corporate Law section.

Education

University of San Francisco School of Law, J.D., with honors
University of California, Berkeley, A.B. Political Science


Maidie E. Oliveau
Counsel
Arent Fox LLP

Maidie Oliveau is counsel in the Los Angeles office of Arent Fox. Her practice focuses on sports-related transactions. Maidie represents professional sports teams, leagues, event owners, corporations, owners of sports and entertainment facilities, Internet video providers, television networks, and governing bodies in connection with licensing transactions such as naming rights, sponsorships, acquisitions and grants of television rights, talent and service agreements, event-related rights, merchandising rights, industry specific legal issues, and trademark protection.

She also represents acquirers of professional sports events and/or clubs. Since May 1997, she has served as an arbitrator on the Court of Arbitration for Sport (CAS). In addition, Maidie is on the panel of the American Arbitration Association (AAA) and the London Court of International Arbitration and has acted as an arbitrator in international AAA cases as well as cases brought under the US Anti-Doping Agency protocol and the US Olympic Committee Code of Conduct.

In 1990, Maidie established LawSports, a boutique firm in Los Angeles. Prior to founding LawSports, Maidie was senior vice president and general counsel to DelWilber + Associates (DWA), where she administered sponsorship contract commitments and handled the general legal affairs of DWA. She came to DWA from the Women’s International Professional Tennis Council (now the WTA Tour) where she was its managing director. Prior to that she was part of the team that organized the Los Angeles Olympic Games in 1984.

Maidie is on the editorial board of the American Bar Association’s (ABA) Entertainment and Sports Forum and is the Sports Vice Chair of the ABA’s Entertainment and Sports Forum. She is also a frequent contributor and speaker to conferences in the business of sports and entertainment, including the ABA’s Entertainment & Sports Forum and Alternative Dispute Resolution Annual Meeting, the Sports Lawyers Association annual conference, IEG’s sponsorship conference, and various other conferences. She also serves on the Advisory Board of the Los Angeles Sports & Entertainment Commission and sits on the boards of advisors of the National Sports Law Institute, the Loyola Sports Law Institute, and the Georgetown Entertainment and Media Alliance’s Los Angeles chapter.

In addition, Maidie serves as pro bono counsel to the 2015 Special Olympics World Summer Games Organizing Committee. Maidie was appointed as one of 12 arbitrators worldwide on the ad hoc Division of the CAS during the Olympic Games in 2012 in London, 2004 in Athens and in 2000 in Sydney, where she was on the panel of arbitrators which decided the controversial case involving the Romanian gymnast, Andreea Raducan, who lost a gold medal after testing positive for pseudoephedrine, a common cold medicine. She was also appointed as one of nine arbitrators worldwide on the ad hoc Division of the CAS during the Olympic Winter Games in 2002 in Salt Lake and in 2006 in Turin.

Maidie has been named a "Game Changer" by Sports Business Journal and was honored with the Woman Sports Lawyer Award at the 2012 Sports Lawyer Association conference in San Diego. In 2014, Maidie was honored with the Trailblazer Award at the 6th Annual Kids in Sports KIS) Circle of Excellence Awards reception.

Maidie sits on the board of trustees of the California State Parks Foundation, an independent, nonprofit membership organization dedicated to protecting and enhancing California’s 278 state parks. She is also a member of the Board of Directors of the 2015 Special Olympics World Summer Games Organizing Committee, charged with holding the privately financed largest sports and humanitarian event in Los Angeles in 2015. Special Olympics unites the world through sports in a celebration of the abilities and accomplishments of people with intellectual disabilities to form a new global vision of acceptance. She speaks fluent French with native capability and understands several other languages. She is very fond of outdoor activities, participates in triathlons, and is a frequent hiker and swimmer.


Peter Steckelman is the Tennis Channel’s senior vice president of business and legal affairs, leading and executing the channel’s initiatives in tournament rights licensing, affiliate distribution, digital initiatives, original programming, live production, library exploitation as well as marketing, promotion, branding, and social media campaigns. Peter has worked for many entertainment industry leaders including Konami Digital Entertainment, Warner Bros, Fox, Disney and Mattel, focusing on interactive, television, film and consumer products businesses across multiple platforms, marketing initiatives, and branding. Peter has spoken on distribution, advertising, marketing, licensing, transactional, litigation, sweepstakes and publicity matters in the entertainment industry for the American Conference Institute (ACI), the American Bar Association (ABA) Sports and Entertainment Law Forum, the Los Angeles County Bar Association (LACBA), New York Law School, the Association of Media and Entertainment Counsel (AMEC) and the Billboard Film and Television Music Conference. Peter earned his J.D. from New York Law School and his B.A. from Rutgers University.