Law Summit. 26th Annual North American. Andaz Peninsula Papagayo Resort Liberia, Costa Rica. November 12-15, 2014

Transcription

1 26th Annual North American Law Summit Entertainment, Sports, & Intellectual Property November 12-15, 2014 Andaz Peninsula Papagayo Resort Liberia, Costa Rica

2 Wednesday, November 12, :00 P.M. Opening Night Cocktail Reception Sponsored by City National Bank Thursday, November 13, :00 A.M. REGISTRATION Reality TV... Really? 7:50 A.M. Kirk T. Schroder Schroder Fidlow PLC Richmond, VA Jim Zumwalt Shackelford, Zumwalt & Hayes Nashville, TN David B. Feldman Bloom, Hergott, Diemer Rosenthal, LaViolette, Feldman, Schenkman & Goodman LLP Beverly Hills, CA Ivan J. Parron Parron Law Miami, FL (all attendees must check in upon arrival) OPENING REMARKS Speakers: Darryl B. Cohen Executive Committee Chair, Cohen, Cooper, Estep & Allen, LLC Atlanta, GA Scott L. Keniley Educational Chair, Keniley & Kumar, LLC Atlanta, GA 8:00 A.M. The Ethical Attorney Our perennial conference lead-off panel sets the stage providing good examples of professionalism and ethics and how they can be the cornerstone of an outstanding legal practice. Hon. Carol W. Hunstein Justice, Supreme Court of Georgia Atlanta, GA Hon. J. Stephen Schuster Judge, Superior Court, Cobb Circuit Marietta, GA Hon. Anne E. Barnes Judge, Georgia Court of Appeals Atlanta, GA Gene Chapman Giacoma Schleicher LLC. Atlanta, GA 9:00 A.M. City National Bank: Financing Entertainment and IP Projects City National bank executives will discuss the entertainment and IP finance opportunities from the bankers perspective. Speakers: David Innes SVP Team Leader Atlanta Entertainment Lori Badgett SVP Team Leader-Nashville Entertainment 9:15 A.M. 9:30 A.M. The Band Did Not Go On: Band Break-Up Issues A lawyers discussion on Band dissolution issues involved with the various IP and rights to earnings. Brian Caplan Caplan & Ross New York, NY Presenters: Christine Lepera P.C. Member, Mitchell Silberberg & Knupp, LLP Chris Vlahos Riley Warnock & Jacobson, PLC Nashville, TN Matthew V. Wilson Arnall, Golden & Gregory Atlanta, GA John Bradley Bradley Legal Group, P.A. Fort Lauderdale, FL Industry veterans relating reality TV transactional issues with examples from their collective vast experience. Patent Law: Supreme Court and Federal Circuit Year in Review Panel will discuss recent US Supreme Court and US Court of Appeals for the Federal Circuit rulings. Marla Butler Robins, Kaplan, Miller & Ciresi LLP New York, NY Scott Culpepper Robins, Kaplan, Miller & Ciresi, LLP Atlanta, GA David Brafman Akerman LLP West Palm Beach, FL 10:30 A.M. 10:45 A.M. Entertainment Law Through the Eyes of a Litigator Entertainment litigation veterans discuss relevant trial tactics in Entertainment warfare using current cases as examples. Richard C. Wolfe Wolfe Law Miami, PA Miami, FL Paul V. LiCalsi Robins, Kaplan, Miller & Ciresi LLP New York, NY Edwin F. McPherson McPherson Rane LLP Los Angeles, CA Timothy L. Warnock Riely Warnock & Jacobson, PLC Nashville, TN Julie D. Greer Coblentz, Patch, Duffy & Bass LLP San Francisco, CA Is TV the New Indie Film Business? A modern day vantage point discussing a range of issues from content creation and ownership to the desires of the stay viewer. Justin B. Wineburgh Cozen O Connor Philadelphia, PA Speakers: Peter J. Dekom Of counsel, Weissmann, Wolff, Bergman, Coleman, Grodin and Evall Beverly Hills, CA Bernard Gugar EVP and General Counsel, Harpo Studios Chicago, IL Chris Benner Partner, Bennett Thrasher Atlanta, GA

3 Trademark Case Law Update: Infringement or Not? The latest cases presented in an audience Q & A format outlining the courts opinions and arguments. Jennifer Rabin Akerman Senterfitt West Palm Beach, FL Karl M. Braun Hall, Booth, Smith & Slover, PC Nashville, TN Stephanie Furgang Adwar Furgang & Adwar, LLP New York, NY John Hudson Senior Manager-Intellectual Property, Deloitte Financial Advisory Services, LLP Atlanta, GA 11:45 A.M. Artists Getting Screwed? The Debate: Round 2014 Diametrically opposed points of view create the cornerstone argument for the business of music. Friday, November 14, :00 A.M. PLENARY SESSION New Copyright Act/Reform Part Copyright moguls discuss opportunities for change and the fundamental purposes behind the need for change. Jay Rosenthal Senior Vice President and General Counsel, National Music Publishers Association Washington, D.C. Sandra Aistars CEO/GC of The Copyright Alliance Washington, D.C. Henry W. Root Lapidus, Root & Sacharow, LLP Santa Monica, CA 9:00 A.M. SPONSOR SPEAKER 9:15 A.M. Scott L. Keniley Keniley Kumar, LLC Atlanta, GA. Rightscorp, Inc. Santa Monica, CA Dan Aaronson Benjamin & Aaronson LLP Ft. Lauderdale, FL 9:30 A.M. Michael Olsen Legal Issues in Adult President, Entertainment One Nashville, TN Entertainment Exposed Henry W. Root Tricks of the Trade. Discussion of legal issues confronting the Lapidus, Root & Sacharow, LLP Santa Monica, CA massive pornography industry. Christopher Sabec Post-Grant and Covered Business Method Patent Review Panel will discuss post-grant patent review procedures and strategies, as well as covered business method patents. Alyson Wooten Kilpatrick Townsend & Stockton LLP Atlanta, GA Jennifer Blackburn Kilpatrick Townsend & Stockton LLP Atlanta, GA Josh Pond Kilpatrick Townsend & Stockton LLP Washington, D.C. 12:45 P.M. Recess for the Old Folk Jaime Benjamin Benjamin & Aaronson LLP Ft. Lauderdale, FL Richard C. Wolfe Wolfe Law, Miami, PA Miami, Fl 360 Deal Trickle Down to Common Agreements Practitioners explain how the common 360 degree deal imposed by the major record companies affect transactional issues in management, booking, indie label and other music agreements. Tiffany A. Dunn Loeb & Loeb Nashville, TN 1:00 P.M. David Bercuson Newer Attorneys Roundtable Law Office of David Bercuson, PA Miami, FL (Open Forum) Alan Jacobi, Esq. An opportunity for newer attorneys and law students to share Pyramid Records Miami, Fl experiences from their mentors and discuss practice Peter Strand development. Leavens, Strand & Glover, LLC Chicago, IL Facilitator: Chip Petree, Esq. Matthew W. Buser, Esq. Ritholz Levy Nashville, TN Co-Founder, Jamm Ent. Mgmt. Miami, FL Johnna Lee AIA and Section 101 Cohen Cooper, Estep & Allen, LLC Atlanta, GA Issues in Patent Prosecution Richard I. Siegmeister Panel will discuss patent prosecution strategy in view of the Senior Counsel/Music Attorney, America Invents Act, as well as patent prosecution in view of Nickelodeon Networks New York, NY recent rulings relating to Section 101 of the federal patent law. Brittany Adkins Schaffer Loeb-Loeb Nashville, TN Philip Furgang 2:00 P.M. Furgang & Adwar, LLP New York, NY Recess for the Newer Attorneys Mitch Harris Mitch Harris, Attorney at Law, LLC Athens, GA Daniel Sanos Smith Risley Tempel Santos LLC Atlanda, GA Peter Chiabotti Akerman LLP West Palm Beach, FL 10:30 A.M.

4 10:45 A.M. Music Publishing: Where Do We Stand in 2014? An overview of music publishing in the wake of legislation, court and copyright board opinions and practice concepts. Doug Colton Colton Entertainment Nashville, TN Andrew Bergman COO & GC, Downtown Music Publishing Group New York, NY Derek C. Crownover Dickinson Wright PLLC Nashville, TN Vinny Kumar Keniley-Kumar, LLC Atlanta, GA Lorri Lomnitzer The Lomnitzer Law Firm, PA Boca Raton, FL Chip Petree, Esq. Ritholz Levy Nashville, TN Student Athletes and IP: Employees vs. Amateur? O Bannon litigation and college athletes efforts to unionize and their effects on the rules of amateurism and college sports. Can and should student athletes be compensated for use of their name and likeness? Valuation? Implications? Can student-athletes use unions to protect themselves from the consequences of sports-related injuries? Do student athletes actions affect their stock? Lauren Antonino General Counsel, Playbook, Inc. and The Antonino Firm LLC Atlanta, GA Gregory L. Curtner Schiff Hardin, LLP New York, NY Sylvia Krainin Quintairos, Prieto, Wood & Boyer, PA Miami, FL Brian Roof General Counsel, CSE Atlanta, GA Don West, Jr. Senior VP of Sports Operations, Steinberg Sports & Entertainment, LLC Newport Beach, CA Social Media: Does Personal Mean Public Domain? This panel will explore social media developments in the law and why it s important to your practice and your clients, including recent defamation, revenge porn and sexual harassment litigation, privacy issues, and evidentiary use of social media in civil and criminal litigation. Marguerite E. Becky Patrick Sponsorship Chair, General Counsel, Infinite Energy Atlanta, GA Hillel I Parness Parness Law Firm, PLLC New York, NY Dahlia Saper Saper Law Offices, LLC Chicago, IL Kelly Whitehart Miller & Martin Atlanta, GA 11:45 A.M. 11:45 A.M. Branding for Success Build the brand. The lawyers consistent and long term conduct will help, hurt or destroy the Brand. Business and reputation, along with social media, will be the focus of this fun and practical topic. Joel Katz Greenberg Traurig Atlanta, GA Darryl B. Cohen Cohen Cooper, Estep & Allen, LLC Atlanta, GA Vince Thomson CEO, Melt Atlanta, GA Views from the Bench Panel of federal appellate judges will discuss current appellate patent law issues, as well as advocacy before the US Court of Appeals for the Federal Circuit. David Brafman Akerman Senterfitt West Palm Beach, FL Hon. Raymond C. Clevenger, III U.S. Court of Appeals for the Federal Circuit Washington, DC Hon. Raymond T. Chen U.S. Court of Appeals for the Federal Circuit Washington, DC Hon. Kimberly A. Moore U.S. Court of Appeals for the Federal Circuit Washington, DC 12:45 P.M. Recess Saturday, November 15, :00 A.M. PLENARY SESSION Copyright/Entertainment Case Law Update This panel addresses developments in the copyright arena including case law developments related to the arts as well as the recent congressional hearing on reevaluating the Copyright Act and the first sale doctrine as it applies to digital goods. Steve Eisenberg Lipscomb, Eisenberg & Baker, PL Miami, FL Thomas Leavens Professor, Northwestern University College of Law, Leavens, Strand, Glover & Adler LLC Chicago, IL Rob McNeely Professor, Florida State University College of Law, Messor Caparello, PA Tallahassee,FL Andrew Pequignot Kilpatrick Townsend & Stockton Atlanta, GA 9:00 A.M. BMI and the Performing Rights New Frontier 2014 Speaker: Charlie F. Feldman Vice President, Writer-Publisher Relations, BMI New York, NY

5 9:15 A.M. protections desperately needed in the world of start-up entertainment/ip companies. 9:30 A.M. Barry Selvidge President, Prime Point Media Atlanta, GA With the ever growing and vast avenues of content delivery, audio, visual and gaming demand for content grows. The panel will discuss the ins and outs of acquiring and licensing content. Michael Smith Baker Donelson Atlanta, GA Bradley Zimmer, Esq. Atlanta, GA Lori Badgett SVP Team Leader, Nashville Entertainment, City National Bank Nashville, TN Licensing Content for Film/TV/Video Games Lisa Moore The Moore Law Firm Atlanta, GA Cindy Charles President, Cindy Charles Consulting New York, NY Paul P. Lamb Vice President, Business & Legal Affairs, Discovery Latin America And Us Hispanic Channels Miami, FL Charlotte Towne Charlotte Town, PA Dania Beach, FL Carolyn Herman Law Office of Carolyn Herman Jacksonville, FL Sports Law 2014 Celebrities and Business Owners Have Bad Days: Arrest and Divorces From the moment a Celebrity or sports figure is arrested, divorce initiated or the media rains on her/his parade for whatever the reason, the problems REALLY begin. Containment, control and media contacts are the name of the new and ongoing game. A thorough legal discussion will help lawyers make lemonade out of lemons. Richard Nolen Boyd Collar Nolen & Tuggle, LLC Atlanta, GA Lawrence Cooper Cohen, Cooper, Estep, & Allen LLC Atlanta, GA Michael Grieco The Grieco Law Center Miami, FL Latonia Hines Assistant Solicitor, Cobb County Marietta, GA Randall M. Kessler Kimberly D. Kolback Kessler & Solomiany Atlanta, GA Law Offices of Kimberly Kolback Miami, FL Cyber Security, Breaches Alan K. Fertel & Liabilities - Winner Takes All Weiss Serota Helfman Pastoriza Cyber security panel will address best practices for protecting Cole & Bisinske Coral Gables, FL against data breaches and responding quickly and effectively Stephen R. Gregg III should one occur, including recent examples of ineffective Counsel, Business and Legal Affairs Atlanta, GA handling of data breaches. Claire M. Zovko Panelist will discuss issues involving sports figures, teams and leagues during the 2014 season. From Ray Rice to Josh Gordon from LeBron James to Kevin Love from the hiring of the NBA Players Association s first female Executive Director to criticism of Roger Goodell, this sports panel will discuss the issues in sports during Buckner Sports Law Sunrise, FL Patenting Entertainment Based Technology Panel will discuss protection of technology relating to the entertainment industry. Discussion will include patentability, patent prosecution, valuation and investments. Mark Passler Akerman LLP West Palm Beach, FL Jennifer Medlin Smith, Risley Tempel Santos LLC Atlanta, GA Don Fancher Deloitte Financial Advisory Services Atlanta, GA Jeffrey Kravitz Fox Rothchild LLP Los Angeles, CA Serge Jorgenson CTO, Sylint Group Sarasota, FL Lawrence H. Kunin Moris Manning & Martin, LLP Atlanta, GA Robin H. Sangston Vice-President of Legal Affairs, Cox Communications, Inc. Atlanta, GA Carolyn Lacey VP Treasury Management Consultant, City National Bank Nashville, TN 11:45 A.M. 10:45 A.M. PLENARY SESSION Crystal Balls and Groundhogs Perdition the Future of Emerging Entertainment, Sports, and IP Issues Business affair insiders discuss monetary exchanges and Michael D. Hobbs, Jr Troutman Sanders Atlanta, GA 10:30 A.M. Entertainment Company: Start, Fund, Invest, Buy and/or Sell The must see panel. Dynamic presentation of diverse futuristic prognostications related to our core practices. Stephen M. Gaffigan Stephen M. Gaffigan, PA. Ft. Lauderdale, FL David Innes SVP Team Leader, Atlanta Entertainment, City National Bank Atlanta, GA Jay Rosenthal Senior Vice President and General Counsel, National Music Publishers Association Washington, DC 12:45 P.M. ADJOURN

6 26th Annual North American Law Summit November 12-16, 2014 Liberia, Costa Rica THREE WAYS TO REGISTER BY FAX Fax completed registration form with credit card payment only to: Last Name BY MAIL Send completed registration form with payment to: ABA Forum on the Entertainment and Sports Industries 321 N. Clark St., MS 18.2 Chicago, IL First Name BY INTERNET Register online at org/groups/entertainment_sports/ events_cle.html. Questions? Call Name as will appear on badge Firm/Company/Agency Address City, State, Zip, Country Phone/Fax/ (Please provide your for confirmation) You must also contact GEORGIA INTERNATIONAL TRAVEL and complete the Travel Package Registration form to register for this conference. For more information, please contact Debra Winterstein at or PROGRAM FEES I have enclosed a check for the early registration fee of $ (before October 1st). I authorize the ABA to charge the early registration fee of $ to my credit card. I have enclosed a check for the registration fee of $ (October 1st or later). I authorize the ABA to charge the registration fee of $ (October 1st or later) to my credit card. METHOD OF PAYMENT (write in black ink only) Check enclosed: Make payable to the ABA Forum on the Entertainment and Sports Industries Credit Card: MasterCard l Visa l American Express Card Number Exp. Date Cardholder s Name (print) Signature Special Dietary Needs: Program Co-Sponsors: Florida, and New York Entertainment, Arts & Sports Law and The Georgia Bar Entertainment & Sports Law Section DIAMOND SPONSORS SILVER SPONSORS BMI Hall Booth Smith City National Bank Bennett Thrasher PLATINUM SPONSORS Akerman Senterfitt GOLD SPONSORS Smith Risley Tempel Santos Boyd Collar Nolen & Tuggle BRONZE US Legal Deloitte & Touche Lateral Link Sylint Group Riley, Warnock & Jacobson Melt

7 SUMMIT INFORMATION 1. Location Information: The meeting will be held at The Andaz Hyatt Papagayo Resort Website: hyatt.com/en/hotel/home.html 2. Hotel Reservations: To make your hotel reservations, please contact Debra Winterstein, Georgia International Travel at or 3. Air Travel: Discounted airfares are available from ABA Orbitz for Business including ABA negotiated discounts on American, United and Virgin America Airlines. To book online, go to >click on the Orbitz for Business logo at the top of the page>read the instructions under the Travel Paid by Self box. For assistance with online or offline reservations using the ABA Orbitz for Business website, call toll free Meeting Registration/Deadline: To register for all programs and events described in this brochure, please submit your completed registration form and payment to: The American Bar Association, Forum on the Entertainment and Sports Industries, 321 N. Clark Street, MS. 18.2, Chicago, IL You can also register online at groups/entertainment_sports.html. Credit card users may fax registration forms to Confirmations will be sent to you within ten days of receipt of registration. In order to be included in the list of program attendees, you must register by October 31, Registrations will not be processed without payment. 5. On Site Registration is available for those persons who miss the registration deadline. If you plan to register at the door, please call at hours before the conference to confirm that space is still available. Failure to call in advance may preclude admission to a sold-out meeting. On site registrants must pay the registration fees by check, Visa, MasterCard or American Express. No registrations will be accepted without payment. 6. Registration Fees: The fee includes admission to the three - ½ day program, continental breakfasts, coffee breaks, luncheon, access to online written materials, and receptions. 7. Financial Aid Policy: Scholarships (waiver of full or partial CLE program registration fees) are available to attend Forum CLE programs. To apply, please submit the following information:- Resume (for law students, please indicate your expected graduation date, any pertinent course work, academic scholarship, extracurricular activities, and pertinent employment or volunteer experience.) - Cover letter explaining the following: your interest in entertainment and sports law and your interest in attending the CLE program. Please submit your cover letter as an attachment (preferably in PDF format), rather than in the body of your message. - A letter of recommendation (for law student applicants, from an academic reference). Recommendations may be submitted either by the applicant or by the recommender directly. If the recommendation is submitted separately from other materials, please make sure the subject line of the reads: Entertainment and Sports Industries Forum Scholarships: Recommendation for [name]. - Please submit all information to Teresa Ucok at Teresa.ucok@americanbar.org. The subject of your should read Entertainment and Sports Industries Request for a CLE program scholarship. The deadline to request a scholarship is November 1, Cancellation Policy: Registrants who are unable to attend the meeting will receive a refund less a $50 administrative fee if written cancellation is received by November 3, Cancellations should be sent by to Katherine Koszyk at Katherine.Koszyk@americanbar.org. No refunds will be granted after November 3, We will allow substitutions or the registrant will be allowed access to program materials in lieu of a refund after the program. The ABA reserves the right to cancel or alter any programs and assumes no responsibility for personal expenses. 9. The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 10 credit hours in 60-minutes, including 1 hour of ethics credit hour and 12 credit hours in 50-minute states, including 1.2 hours of ethics credit. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, contact Katherine Koszyk, Katherine.Koszyk@americanbar.org, Membership: To encourage registrants to join the ABA Forum on the Entertainment and Sports Industries, the reduced member s tuition rate will be extended to registrants who join the Forum when they register for the meeting. Forum membership dues are $50 for attorneys/associates and $20 for law students. Membership in the ABA is a prerequisite to Forum membership. 11. Tax Deduction for Education Purposes: In the United States, an income tax deduction may be allowed for education expenses undertaken to maintain or improve professional skills. This includes registration, travel, meals and lodging, subject to applicable limitations (see Treas. Reg : Coughlin v. Commissioner, 203 F.2d 307 (2d Cir.1953)). 12. Americans with Disabilities Act: If special arrangements are required for disabled individuals to attend this meeting, please contact Teresa Ucok via to Teresa.Ucok@americanbar.org by November 1, Dress: Business casual attire. 14. For latest program information: Please visit the Forum on the Entertainment and Sports Law website: americanbar.org/groups/entertainment_ sports.html. 15. Questions: If you have questions or require additional conference information, please call at or send an to Katherine.Koszyk@americanbar. org Course Materials will be available on the Forum web site PLEASE BRING YOUR LAPTOP WITH YOU TO THIS MEETING TO ACCESS THE MATERIALS.

8 NOTE: Travel insurance including cancellation coverage is available by contacting Debra Winterstein 404) or LAND PACKAGE PRICING ONLY. CLE registration is NOT included below. CANCELLATION POLICY: 4 NIGHTS ALL SUITES SOLD OUT! THERE WILL BE NO REFUND ON CANCELLATIONS RECEIVED AFTER September 15th, Cancellations received prior to September 15th, 2014 will be assessed a $100 administrative fee. Cancellations must be submitted in writing to Georgia International Travel. SEPARATE CLE REGISTRATION: A $750 social fee will be charged to anyone not booking with Georgia International Travel. Attendees must also complete the ABA CLE educational component registration form to register for the conference. This will be coordinated directly through the ABA. Any questions about the travel package, please contact Debra Winterstein, Georgia International Travel, or debra@gitravel.com or Darryl Cohen at ext. 4 or by at dcohen@coco-law.tv.

9 WEDNESDAY, NOVEMBER 12TH THURSDAY, NOV. 13TH SATURDAY, NOV 15TH SATURDAY, NOVEMBER 15TH PACKAGE INCLUDES* 4 nights in luxury boutique ANDAZ Hyatt Papagayo Includes full breakfast each day, taxes, porterage fees, r/t transfers and gratuities Opening night cocktail party Final Night Dinner and Talent Show Discounted Spa Services Complimentary snacks and soft-drinks in room Complimentary WI-FI service Complimentary Resort Activities Conference is Thursday Saturday from 8:00am to 12:30pm Information for off-site tours and fantastic excursions will be available pre and post hotel arrival *This is the travel package only and does not include CLE Registration Fees. Group rates apply 3 days pre and post conference. Note: a $750 fee will be charged to anyone not booking with Georgia International Travel.