1 July 21, 2014 An Advertising Supplement to the Los Angeles Business Journal Most Influential Lawyers: Digital Media and E-Commerce Law AS modern technology spurs the business landscape to evolve in new directions, new regulations and legislation emerge. Having the right attorney that specializes in digital media and/or e-commerce can be one of the most crucial business decisions you and your organization make. A seasoned lawyer can walk a business through this emerging legal frontier for the best and safest possible results. Fortunately, there are some stellar attorneys in Los Angeles specializing in such matters. We've listed some of the best of them here, along with some basic information about their careers, practice and some relevant recent successes they've achieved. Congratulations to the attorneys who made this list and thank you for working to keep our local businesses on the right track! This special advertising supplement did not involve the reporting or editing staff of the Los Angeles Business Journal.
2 34 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL JULY 21, 2014 Ian Ballon Shareholder Greenberg Traurig, LLP T. Hale Boggs Chair, Manatt Digital Media/, Corporate & Finance Manatt, Phelps & Phillips, LLP Ronald Camhi LA Office Managing Michelman & Robinson LLP Years with current firm: 9 Education: Georgetown University Law Centers (LL.M.), the George Washington University Law School (J.D.) Ian Ballon literally wrote the book on Internet law E- Commerce & Internet Law: Treatise with Forms 2d edition (Thomson Reuters West, 4 volumes updated annually), the leading and best selling treatise on Internet law that was first printed in 2000 and has been cited by state and federal courts (and even reprinted in Chinese). Since the dawn of the Internet era, Ballon has represented leading Internet, media and entertainment industry clients in cutting edge litigation. Ballon s practice focuses on Internet, social media, cloud and mobile-related litigation, including intellectual property litigation (Digital Millennium Copyright Act, copyright, trademark, right of publicity) and the defense of data privacy, TCPA (texting) and security breach class action litigation. Since 2003, Ballon also has served as Executive Director of Stanford University Law School s Center for e-commerce. Ballon s current clients include Google, Yahoo, ebay, enom, Demand Media, Hulu, Twentieth Century Fox Film Corporation, LGE MobileComm USA and MySpace. Years with current firm: 24 Education: UCLA School of Law A trailblazer in the ever-evolving digital media space, T. Hale Boggs experience extends across the entire life cycle of a company, from entrepreneurial start-ups to established digital media leaders. A partner in Manatt s Capital Markets, Corporate & Finance and Venture Capital practice areas, Boggs opened the firm s Silicon Valley office in 1998, and in May of 2013, he launched Manatt Digital Media to offer innovative, full-service legal and business consulting services for clients in the digital media, entertainment and advertising industries. Since its launch, and chaired by Boggs, Manatt Digital Media has established itself as a leader in digital media and technology by providing thought leadership and connections in the worlds of media, entertainment, advertising and technology. It has engaged with or invested in high-visibility companies, including leading multichannel networks DanceOn and AudioMicro; innovative social media-focused companies If You Can, exacly.me and Vadio; entertainment industry content-driven companies Movie La La, LittleCast and TrailerPop; and data-driven companies Adomic and Ninja Metrics. Other clients include BOOM! Studios, Branded Pictures Entertainment, and SeatSpace. Years practicing: 22 Years with current firm: 13 Education: Southwestern University of Law Ronald Camhi is Managing of Michelman & Robinson, LLP s (M&R) Los Angeles office. He has represented some of the nation s largest advertising and media buying agencies, direct response and digital media companies, and advertising and media consultancy businesses. He is Chair of M&R s Advertising, Marketing & Media Group, leading teams of attorneys in providing counsel for virtually all of his clients legal needs from prosecuting and defending client rights in litigation, arbitration and alternative dispute forums to corporate matters including mergers and acquisitions. Camhi is routinely called on to navigate clients through the evolving advertising legal landscape, including drafting and negotiating industry agreements. He represents marketers and agencies in many aspects of their business including mobile marketing, fulfillment house contracts, false advertising claims, revenue sharing agreements, advertising substantiation, and litigation. He advises on complex online privacy issues interpreting the patchwork of privacy laws at the federal, state, and local level and is frequently called upon to counsel on disputes including trade secret misappropriation claims. Craig Cardon Co-Chair Privacy & Date Security Group Sheppard Mullin Years practicing: 20 Years with current firm: 11 Education: Loyola Law School Craig Cardon is a go-to lawyer for retailers and brands on ecommerce, marketing and related data privacy issues. While many leading lawyers in these areas practice on the east coast, Cardon runs this national practice from Los Angeles, overseeing members of his team around the country and internationally. Over the past 18 months, Cardon has represented the following brands and retailers: Levi s, Kate Spade, Williams-Sonoma, Juicy Couture, Lucky Brand Jeans, Safeway/Vons, TJX (TJMaxx and Marshalls), Ross Dress for Less, Gymboree, Frito-Lay, St. John Knits, Tilly s, Crate & Barrel, Ralph Lauren, Game Show Network, and William-Morris Endeavor. On the platform side, Cardon has represented digital media platforms from ad networks (Adobe Auditude) to content creators (Ogilvy & Mather s Branded Entertainment Group) to social ecommerce platforms (Los Angeles based people media and it s parents Match.com and IAC) to business-to-business digital media platforms (Los Angeles based The Playlist Generation a leading digital background music provider). Daniel M. Cislo Managing Cislo & Thomas, LLP Years with current firm: 27 Education: Loyola Law School Daniel M. Cislo is the Managing of Cislo & Thomas, LLP, a law firm specializing in patent, copyright, trademark filings, licensing, and intellectual property litigation. A graduate of Loyola Law School and UCLA s School of Engineering, Cislo is registered with the U.S. Patent Office as a patent attorney, to the Federal Circuit Court of Appeals, to the District of Columbia, and numerous other Courts across the country in addition to being an inventor himself. With offices in Santa Monica, Westlake Village, and Santa Barbara, he manages Cislo & Thomas LLP, which remarkably has won or settled over 98% of all of its intellectual property cases in the past 30 years. Additionally, Cislo is the creator of the recently launched online provisional patent filing system, PatentFiler.com. This website provides small businesses and entrepreneurs with a convenient and efficient way to file their provisional patent applications online with the United States Patent Office. Alan Friel Baker Hostetler LLP Years with current firm: Joined in March of 2014 Education: Northwestern University School of Law BakerHostetler is a 950-lawyer national law firm that counsels leading companies in the advertising, retail and e-commerce industries from idea inception through commercialization and promotion. The firm also has a strong digital media and technology practice and one of the largest and most highly rated privacy and data security practices in the country. Alan Friel, who joined the firm in March from another firm where he was Chair of its international Media & Technology practice, has added strength to the firm s capacity in all of these areas. He coordinates advertising, retail and e-commerce industry initiatives. Friel is a sought after counselor, speaker and thought leader regarding convergence legal issues the property, liability, and regulatory implications at the evolving intersections between media, marketing, technology, distribution, commerce, data, Big Data, and communication brought about by the ongoing digital revolution. He represents clients in acquisitions, financing, distribution, development, publishing, and financing transactions, especially in cases where complex intellectual property and regulatory concerns exist.
3 JULY 21, 2014 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL 35 Congratulations to our own Jody Simon, selected as one of the by the Los Angeles Business Journal Entertainment Law. Coast to Coast. Attorney Advertising
4 36 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL JULY 21, 2014 Michael A. Gold Jeffer Mangels Butler & Mitchell LLP Jonathan M. (Jon) Gordon Alston & Bird LLP Bennet Kelley Founder Internet Law Center Years practicing: 34 Years with current firm: 25 Education: Southwestern Law School Michael Gold s background as a lawyer with both extensive litigation and transactional experience, together with the ability to analyze and comprehend complex technological systems, gives Gold the unique tools necessary to represent clients in E-Commerce, particularly in cybersecurity matters. In addition, Gold s strong and extensive background representing corporate directors and officers has allowed him to address issues that are not typically identified or understood by attorneys focusing on e-commerce and digital media. Among other areas, clients regularly seek Gold s advice in addressing disputes involving software and computing service issues. In this area, he has achieved a number of favorable settlements and decisions, thanks to his ability to understand and interpret software license agreements and software service agreements, particularly cloud computing arrangements. By understanding the business goals underlying agreements, he has been able to focus litigants on the core issues in their agreements and gain effective resolutions of seemingly insoluble situations. Years practicing: 25 Years with current firm: 25 Education: Northwestern University School of Law Jon Gordon is a partner in the Los Angeles office of Alston & Bird LLP and is one of the leading practitioners of Digital Media transactional law in Southern California. With more than 25 years of experience in the legal industry, he focuses on technology and intellectual property and advises clients involved in the commercialization of new technologies and technology research and development. In addition, Gordon counsels clients on business transactions and practices over the Internet and also handles disputes involving licenses, patents, copyrights, trademarks and trade secrets. Gordon s clients include technology companies, inventors and founders, research institutions and Fortune 500 companies engaged in software and applications, advanced materials, medical devices, clean energy, apparel, publishing and entertainment. Clients have included AuthenTec, Artemis Internet, T. Rowe Price, and a number of emerging companies in the growing Silicon Beach area of Los Angeles. He also works closely with the privacy/data security experts at Alston & Bird to advise mobile applications companies on the rapidly developing regulatory environment. Years practicing: 24 Years with current firm: 7 Education: Georgetown University Law Center Bennet Kelley is the past cochair of the California Bar Cyberspace Committee and founder of the Internet Law Center. He is also host of the Cyber Law and Business Report (CLBR), which airs weekly on iheartradio. In the past 18 months, Kelley has been one of two private sector lawyers selected by the U.S. Department of Commerce to present at the US-China Legal Exchange in China on e-commerce law as part of a delegation that included the General Counsel of the Department of Commerce and attorneys from the US Patent and Trademark Office and Federal Trade Commission. Through both CLBR and his practice, Kelley highlights and represents the plight of victims of cyber harassment and revenge porn. This includes working with the Santa Monica City Attorneys Office to criminally prosecute a serial cyber stalker whose trial will begin in the next few months. Also, much of his practice is working with early stage companies, helping them establish the legal infrastructure necessary to succeed. Melinda Eades LeMoine Munger, Tolles & Olson LLP Years practicing: 13 Years with current firm: 11 Education: Brooklyn Law School In the world of e-commerce, perhaps no issue is more closely watched than the issue of how consumers acquire music online. Whether music is sold in the form of digital downloads through retailers like Amazon and the itunes Store, offered as a part of streaming services like Pandora, or otherwise acquired by consumers online, Munger, Tolles & Olson s Mindy LeMoine is on the front lines of many of the critical legal issues in the industry. A recognized thought leader in matters involving the interpretation of recording agreements, LeMoine often represents record companies in defending claims brought by recording artists relating to the distribution of music online. She also often represents record companies and music publishing companies in copyright cases involving the infringement of recordings or works on the Internet. Among several high profile cases, LeMoine represented Warner Music Group (WMG) in a putative class action where she helped to negotiate a settlement in December 2013 in which WMG admitted no wrongdoing. Jennifer Massey Cooley LLP Years practicing: 15 Years with current firm: 2 Education: Harvard Law School Jennifer Massey is a partner in Cooley s business department and a member of the Technology Transactions group. Massey s practice focuses on the technology, entertainment and digital media industries. She advises public and high-growth, private companies in their entertainment and content-related initiatives, as well as in the convergence of entertainment and technology. She has sourced, structured and executed a wide array of transactions on behalf of media companies in the social gaming, mobile, consumer Internet and social networking sectors. Massey also works with top-level Hollywood talent (actors, writers, producers, directors, TV showrunners, comedians and athletes) in transactions spanning traditional media (television and film), endorsement and sponsorships, and new media (emerging platforms such as YouTube). Among her clients are DreamWorks; All Def Digital; skateboarder Tony Hawk and his YouTube action sports vertical, The Ride Channel, and The Ride Channel s joint venture with ad network, Complex Media; Machinima; and Snapchat (for whom she fields requests related to media rights, talent and content creators, analysis of cutting-edge issues and problem solving). Kevin S. Masuda Munger, Tolles & Olson LLP Years practicing: 21 Years with current firm: 18 Education: Harvard Law School Dealmaker Kevin Masuda of Munger Tolles is renowned among digital media and e-commerce companies as a go-to legal counsel when they are considering embarking upon a major corporate transaction. Masuda has spent nearly two decades representing clients in a variety of business transactions, including mergers and acquisitions, joint ventures, restructurings, public and private securities offerings and other business financings. He is currently leading the representation of Beats Electronics, the producer of high-end headphones and audio equipment, and Beats Music, the subscription music streaming service, in the companies $3 billion acquisition by Apple announced May 28. Masuda represented Universal Music Group (UMG) in its acquisition of Criterion Music Corporation, responsible for a catalog of pop, country, jazz and Hawaiian music that dates back 70 years. From that, he went on to represent UMG in the sale of the CodeBlack Entertainment video catalog to Lions Gate Films and Interscope Records in the purchase of a music label. Other clients include MGM International, Wasserman Media Group and Nederlander Concerts.
5 JULY 21, 2014 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL 37 Richard E. Neff Founder/ Neff Law Firm, A Prof. Law Corp. Christopher R. O Brien Principal Polsinelli LLP Brian J. Pass Sheppard Mullin Years practicing: 34 Years with current firm: 5 Education: Yale Law School Richard Neff has helped to complete countless start-up ventures, many in the digital/e-commerce space. In all cases, he provides a wealth of experience and insight into the digital/e-commerce industry. When forming a company and drafting the relevant financing agreements, he readily identifies any issues unique to the industry. For example, one deal on which he worked involved a start-up app company based in Los Angeles. He helped form the company, draft an investor-ready operating agreement, and draft the offering memorandum for the company s first round of seed financing. Throughout the deal, he advised the client, among other things, on relevant digital/e-commerce issues facing many app companies, many of which the client had not considered. Neff can often contribute helpful advice on the business side and share what he has seen work or not work related to the digital and e-commerce industry deals. Neff also specializes in copyright, trademark and corporate/transactional issues or deals arising in the digital/e-commerce industry. Among his clients served are APM Music, Informatica Corp., lynda.com, esalon, Jawbone, and Logitech. Years with current firm: 1 Education: USC Gould School of Law Chris O Brien s practice focuses on M&A matters in the entertainment and media industries, as well as e-commerce and early stage companies. He has practiced in Los Angeles for 23 years, in large law firms and in corporations as General Counsel or in-house counsel, including with many enterprises at the intersection of entertainment and digital technology. For almost seven years, he was in charge of Mattel s corporate and securities legal function as a Vice President and Assistant General Counsel. In 2000, he helped lead Mattel s sale of its Learning Company division, Mattel s $3.6 billion foray into the digital world. As a lawyer in private practice since 2010, O Brien has represented entertainment and media companies, e-commerce companies and a major talent agency in digital acquisitions and initiatives. O Brien represented Paradigm Talent Agency in its acquisition of a partial ownership stake in AM Only, the premier agency for Electronic Dance Music artists and DJs. He also represented Cinedigm Corp. in its acquisitions of New Video Group and the Gaiam Vivendi Home Entertainment unit. He is also outside counsel to Modnique.com, an e-commerce/sale company. Years with current firm: 8 Education: UCLA School of Law Brian Pass is a partner in the Entertainment, Technology and Advertising and Intellectual Property practice groups in Sheppard Mullin s Century City office. He is responsible for leading Sheppard Mullin s Silicon Beach initiative and launching the firm s Santa Monica presence. Pass advises clients in all aspects of technology and media transactions, including the licensing, development and distribution of computer software and hardware; internet and new media licensing, development and marketing; online advertising; video gaming; IT and business process outsourcing; intellectual property and trade secret protection; broadband communications; interactive television and e-commerce. He also advises companies on internet privacy and regulatory issues affecting the Internet and e-commerce. Pass also has significant experience leading digital media and technology ventures, having co-founded Passport New Media and served as its President and CEO. Pass has closed over $38 billion in technology transactions for high profile clients, including representing Yahoo! in a landmark search agreement with Microsoft, in an agreement with Google and numerous other strategic affiliation agreements.
7 JULY 21, 2014 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL 39 Jody Simon Fox Rothschild LLP Jay Spillane Litigator Spillane Trial Group PLC John F. Stephens Sedgwick, LLP Years practicing: 32 Years with current firm: 2 Education: Columbia Law School Jody Simon is a seasoned and savvy entertainment law attorney who has been helping clients in the industry produce innovative and sophisticated television and new media content for more than 25 years. From the early days of his career in the mailroom of the William Morris Agency in New York to his current status as one of the industry s go-to lawyers and chair of the Entertainment Department s Production Practice, Simon is a passionate advocate for his clients, negotiating the deals that bring to life many of today s popular entertainment vehicles. Simon has been a leader in online deal making since the boom of the early 2000s, representing such innovators as Ripe TV, GoTV and Chill, Inc. as well as leading providers of digital content. His recent work includes representing Fine Brothers in their recent deal with Fullscreen and representing David Gale, former head of MTV Digital, as entertainment, corporate and IP counsel in the launch of We Are the Mighty, a multichannel network targeting current and former service members and their families. Other clients include The Opportunity Management Company, Six Point Harness, Titmouse Animation, 310 Entertainment, Thunderbird Films, Sphere Media, and PB&J Television. Years with current firm: 3 Education: University of Hastings College of Law Jay Spillane is a litigator who as part of his practice represents the digital media and e-commerce industry in bet-the-company, high-stakes litigation. In the area of Internet litigation, he enjoys the reputation of being the lawyer a company must hire if they are being sued for online infringement under the Digital Millennium Copyright Act or the Communications Decency Act. He represented Internet billing company CCBill LLC and web host CWIE LLC in one of the most-cited cases concerning when Internet service providers may be immune from, or held secondarily liable for, allegedly infringing content on client websites. CCBill was the first win against pornography website Perfect 10, and led the way for a series of other cases that established the boundaries of who could be held liable for internet copyright infringement. It established red flags providers should be aware of before they are liable for others infringement. Perfect 10 was soundly defeated on all the cases. Without this litigation, the internet might not be the free and all-encompassing place it is today. Years practicing: 15 Years with current firm: 15 Education: Rutgers University of Law John Stephens focuses his practice on media and entertainment litigation, intellectual property licensing and transactions, and specialty insurance coverage and litigation. He handles matters for a diverse client base including media entities, magazines, television and radio stations, production companies, entertainment technology companies, computer technologies, online content and software providers, and talent. In regards to his digital media and e-commerce clients, Stephens advises and provides counsel on a myriad of issues including cyber squatting claims, DMCA compliance, CDA compliance and data security breach prevention. In the past months, Stephens has represented a variety of e-commerce clients, mostly for consultation and assistance with startup websites and social media. He has also worked on litigation regarding online and e-commerce issues for various clients involving ownership of domain names, trademark use in e-commerce, first amendment issues, DMCA and CDA claims. In addition, he was lead attorney in litigation around social media use of a celebrity figure a difficult litigation resulted in a settlement favorable for the client A T T O R N E Y S 3 6 L O C A T I O N S W O R L D W I D E W W W. G T L A W. C O M CONGRATULATIONS Ian C. Ballon on being featured by the Los Angeles Business Journal as one of the 2014 Most Influential Lawyers practicing Digital Media and E-Commerce Law. Ian was also recognized as one of the Top 75 IP Litigators in California in the Daily Journal s 2014 Top California Intellectual Property Lawyers list and is the author of the leading legal treatise in the field, E-Commerce and Internet Law (Thomson Reuters, LOS ANGELES ORANGE COUNTY SACRAMENTO SAN FRANCISCO SILICON VALLEY The hiring of a lawyer is an important decision and should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and our experience. Prior results do not guarantee a similar outcome. Greenberg Traurig is a service mark and trade name of Greenberg Traurig, LLP and Greenberg Traurig, P.A Greenberg Traurig, LLP. Attorneys at Law. All rights reserved. These numbers are subject to fluctuation
8 40 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL JULY 21, 2014 Deborah S. Thoren-Peden Pillsbury Winthrop Shaw Pittman W. Alex Voxman Latham & Watkins LLP Bradford P. Weirick Co-Chair, Emerging Technologies Practice Group Gibson, Dunn & Crutcher LLP Years practicing: 32 Years with current firm: n/a Education: USC Gould School of Law In 2013, Pillsbury launched a Cybersecurity Task Force co-led by Deborah Thoren-Peden. This task force assists clients in developing custom programs for their specific needs, and enhances clients existing programs to meet the constantly evolving environment of cyberthreats and privacy regulations. Much of Thoren-Peden s legal practice involves ongoing advice to major financial services companies and retailers in their E-commerce business. For example, she serves as outside counsel on privacy, compliance, regulatory and financial services matters around the world for Blackhawk Network Services, Inc., a market leader in card-based financial solutions. She also provides ongoing privacy, regulatory and compliance advice to Netspend, one of the largest prepaid card program managers in the U.S. Thoren-Peden likewise provides ongoing counsel to a number of retail, restaurant, hotel and other chains on e-commerce privacy compliance and their policies for onsite and online operations, including compliance with the Fair and Accurate Credit Transactions Act, the Affiliate Marketing Rule, the Payment Card Industry data security standards (PCI DSS), and regulations that restrict the collection of information. Years practicing: 20 Years with current firm: 19 Education: University of Pennsylvania Law School Alex Voxman is a partner of Latham & Watkins in Los Angeles, where he co-chairs the office s Corporate Department and also co-chairs Latham s firmwide Internet & Digital Media Industry Group. He specializes in advising companies and investors in corporate transactions, including start-up and venture capital financings, mergers and acquisitions and capital markets transactions. He has been at the forefront of the burgeoning emerging companies scene in Los Angeles for over 15 years. During the past year, Voxman s work for Santa Monica-based Demand Media exemplifies some of the developments taking place in the new media space. For example, Voxman represented Demand Media in its June 2013 acquisition of Los Angeles-based Society6, a leading digital marketplace powered by artists, for $95 million. Voxman has also been involved with several high profile transactions involving ecommerce companies. When LA-based online fashion retailer JustFab merged with Shoe Dazzle in August 2013, the company turned to Voxman to negotiate and consummate the deal. Other clients include Intelligent Beauty, Riot Games, Bleacher Report, the Huffington Post, Fresh Direct, Intermix Media and Mylife.com. Years with current firm: 28 Education: UC Berkeley Bradford P. Weirick is a partner with Gibson, Dunn & Crutcher in its Los Angeles office. He is Co- Chairman of the firm s Emerging Technologies Practice Group and a member of the firm s Corporations Department, focusing on mergers and acquisitions, private equity investment transactions and public and private securities offerings. Weirick has substantial experience advising both acquirers/investors and target companies (both public and private) in connection with the negotiation of mergers and acquisitions, strategic transactions and public and private financing transactions. In the technology and digital media sectors, during the past few years, Weirick has represented Investcorp Venture Capital, Technicolor, The Rubicon Project, ValueClick, Vantage Media, Idealab, Spin Media, TeleSign, Praedicat, Metalogix, Search Optics, Fleetmatics, Telepacific, esolar, Objectstar, Softek, Zeta Interactive and Vantage Media in connection with acquisitions and strategic transactions; Rustic Canyon Ventures, L.P., Investcorp Venture Capital, Digital Coast Ventures, LLC, Intel Capital and Technicolor in connection with numerous private equity/venture investments; and various private venture-stage companies in connection with general corporate matters, venture capital financings and acquisitions. it takes a certain skill to turn water into gold. How do the people behind one of the world s most popular energy drinks keep their brand strong and their revenues flowing? They turn to Knobbe Martens. For 50 years, we ve helped creative entrepreneurs secure and protect their essential IP assets including trademarks, brands, trade dress, copyrights, packaging, and product configuration. It s a blend of expertise and experience we think you ll find quite refreshing. knobbe.com