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Specialist Guide to the
Global Leaders in Media Law Practice
One of the past year’s most important U.S. copyright bills, the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) was passed in December. It establishes an administrative tribunal process for copyright claims of up to USD30,000.
Though targeted to small parties, larger businesses that own massive amounts of copyrightable content will also benefit. Additionally, the law also permits DMCA claims of contributory infringement by social media platforms and other Internet Service Providers and hosts of web content.
United States federal courts have exclusive subject matter jurisdiction over copyright claims. Pursuing relief for copyright violations can be a costly and time-consuming endeavor. It is often too expensive for small copyright holders and, where the claim is small, not cost-effective for larger parties.
The CASE Act is designed to address this issue. In accordance with the law, the United States Copyright Office has been instructed to set up a Copyright Claims Board to adjudicate small claims.
The board will consist of a three-member panel of experienced copyright claims officers. The administrative tribunal is empowered to resolve copyright claims with potential damages up to USD30,000. Statutory damages are limited at USD15,000. Thus, the CASE Act provides an additional legal tool to help deter and remedy infringement. The law’s small claims process
Ballard Spahr significantly expanded its capacity after its merger with Kramer Levin Naftalis & Frankel, which took effect on 01 October 2017. The firms operate under the name Ballard Spahr and together and together create a powerhouse combination with expertise in news, entertainment, sports, publishing and advertising. With decades of experience, lawyers assist some of the largest media clients, including advertisers nationally and worldwide.
First Amendment and media litigation specialist Cahill Gordon & Reindel has decades of experience defending free speech. The Media and Telecoms department is managed by Chérie R. Kiser. Working on complex disputes, the team advises on libel, privacy rights and copyright. Based in New York, and Susan Buckley advise newspaper and magazine publishers, broadcast networks, motion picture and music distributors.
Clients praise Davis & Gilbert’s Entertainment, Media & Sports practice, emphasising that “the depth and breadth of their counsel creates long-term value for [clients],” and praising the firm’s ability to balance clients’ legal needs against business demands. Led by partners Ashima Dayal and Jim Johnston, the group skillfully handles both deals and disputes, conducts pre-publication and pre-broadcast content review and provides advice on privacy, intellectual property, libel and other sophisticated issues posed by entertainment and editorial content. Clients range from authors, artists and athletes to publishers, producers, developers and distributors, across all content and spanning traditional to digital media.
A US leader for all matters related to media, Davis Wright Tremaine is widely recognised for its work in First Amendment litigation, pre-publication and pre-broadcast advice. Based in New York, industry specialist Robert D. Balin acts for local and multinational firms in cases of defamation, privacy and copyright. The firm’s specialisations include entertainment, radio, television, digital media and advertising.
Working from New York and Los Angeles, Frankfurt Kurnit Klein & Selz represents clients on multiple media cases. The firm focusses on cross-border transactions and global media clearance. Lawyers assist with interactive entertainment, copyright, advertising, celebrity branding and litigation. The practice has over three decades of experience advising on production, distribution, syndication, broadcast and financing. Managing partner Jeffrey A. Greenbaum and co-head of media S. Gregory Boyd are the firm’s key practitioners.
Hogan Lovells is widely recognised for its extensive involvement in high profile cases on behalf of media and entertainment clients. With decades of experience, Mark J. Weinstein leads the practice group working with clients from the print, film, broadcast and games sectors. His experience includes representation of public and private companies in purchases and sales of professional sports franchises and venues.
Latham & Watkins works with entertainment and sports clients. Joseph A. Calabrese leads the media practice, working from the firm’s Los Angeles office, advising on corporate, transactional and financial aspects of sector-related deals. The team assists with the creation, operation and financing of entertainment and media companies, including negotiating complex distribution and licensing agreements, mergers and acquisitions and structured finance transactions.
Loeb & Loeb is highly regarded by peers for its handling of entertainment and media cases. The firm’s industry specialisations include interactive and digital entertainment, radio, publishing and sports. Managing partner Craig A. Emanuel, based in Los Angeles, is involved in the negotiation of strategic distribution agreements with leading studios. Working from the firm’s New York office, Roger M. Arar focusses on television finance, production, distribution and talent.
Norris McLaughlin, P.A. services media law clients by leveraging the skills of a cross-functional attorney team from several disciplines within the firm, including Intellectual Property (Trademark/Copyright), Business Law, Healthcare & Life Sciences, Entertainment Law, and Labor and Employment. Whether for authors, designers and celebrities, or executives employed by related companies within the broader media industry, Norris McLaughlin has handled every type of media law matter. The firm’s practice is highlighted by attorneys Jeanne Hamburg, a trademark and copyright attorney credited by many as a “brilliant technician,” and David Harmon, an employment attorney who regularly negotiates compensation and separation agreements with some of the most recognisable brands in media and entertainment.
Carolyn S. Toto, the team advises on financing, production and distribution of motion pictures. Related experience includes assisting with the acquisition of film and programming rights and the purchase and sale of libraries. Cydney Tune, who works at the firm’s San Francisco practice, takes the lead in cases connected with music, video and multi-media.
Multi-disciplinary practice Sheppard, Mullin, Richter & Hampton is praised by clients and competitors. Robb Klein is among practitioners highlighted by clients, leading a team described as “Excellent, responsive, proactive and problem solving”. The firm’s work includes the representation of Snapchat on the launch of the Discover platform on the Snapchat app. Lawyers advised on the production of all original content. The team also acted for AwesomenessTV in its multi-year content creation and licensing deal with DreamWorks Animation and Verizon.
Cooley has an unfaltering reputation for sector specialisation. The practice is frequently praised for its media industry dedication and is highlighted by competitors nationally. Lawyers have broad experience structuring and negotiating transactions involving video and music content, including deals with leading US film studios, television networks, record companies and performing rights societies. The media division is led by Adam Ruttenberg in Washington and Jennifer Massey in Los Angeles and involves representation of established and start-up companies.
Debevoise & Plimpton’s TMT division is active in corporate and transactional cases. Based in New York, Michael J. Gillespie advised Organizações Globo on its strategic alliance with News Corp. and Televisa to provide pan-regional DTH television services in Latin America. The firm was also appointed by Discovery Communications in its USD 195 million investment in Lions Gate Entertainment. Other notable lawyers include , managing partner of the Washington office, who leads the firm’s corporate, intellectual property, information technology and e-commerce practices.
is among the firm’s key practitioners for media law and advises on disputes. In the New York office Michael Bamberger leads on cross-region First Amendment cases while Sam Fifer handles commercial and finance-related cases involving entertainment, intellectual property, sports and music.
Patterson Belknap Webb & Tyler has significant litigation experience. Lawyers act in complex commercial and antitrust cases across a range of media segments. The entertainment and sports practice is also active in cases involving corporate, financial and intellectual property matters. Saul B. Shapiro, Robert P. LoBue and John P. Schmitt are the firm’s key industry contacts with experience representing music companies, cable operators sports teams and associations.
Perkins Coie’s service areas include sports, entertainment and advertising. Seattle-based Lynne E. Graybeal and William Cheever Rava lead on industry cases, representing artists, authors, publishers, sports teams and musicians. Lawyers have extensive knowledge of digital media and interactive entertainment. Other areas of focus include copyright litigation, communications, marketing and technology.
Venable’s lawyers have in-depth knowledge of the home entertainment, new media and advertising industries. The firm’s work includes assisting prominent independent feature film groups with production transactions and financing. The team represented independent film producers in a USD5 million fraud and breach of contract suit brought by foreign investors. Lawyers also acted for a leading advertising agency in a USD 40 million indemnity action against its former client.
Arent Fox acts for diverse entertainment clients on transactional, regulatory and royalty rate-setting matters across all segments of the media industry. The practice is particularly known for its work with clients form the digital media, television, motion pictures and music sectors. Lawyers work from multiple locations including Washington, New York, Los Angeles and San Francisco.
Cravath, Swaine & Moore is known for its work with leading broadcasters and entertainment companies including Time Warner, Walt Disney and A&E Television. The team handles complex transactional matters and litigation. Lawyers are noted for their experience in intellectual property disputes and governmental regulatory investigations. Managing partner Robert H. Baron works closely with
Well regarded by its competitors, Manatt, Phelps & Phillips is highlighted for its increased market visibility. The firm’s core service areas include advertising, marketing, entertainment and digital media. Under the leadership of Linda A. Goldstein the media team also assists clients with online gaming, branded entertainment and mobile marketing.
Mitchell Silberberg & Knupp’s primary focus is on entertainment. Lawyers assist with transactions involving the development, financing, production and distribution of motion picture and interactive projects. In notable work the team negotiated the financing arrangement for a more than 20 high budget films with an estimated value of USD1.5 billion. Lawyers also have extensive experience advising on joint ventures, publishing and licensing agreements, advertising and copyright.
Morgan, Lewis & Bockius represents traditional and emerging media companies on regulatory and transactional issues notably involving radio and television. Washington partners Andrew D. Lipman and Catherine Wang manage the TMT practice, which also focusses on media ownership, competition and copyright issues.
Media work at Skadden, Arps, Slate, Meagher & Flom is driven by corporate and transactional cases. Working with clients from the entertainment industry, lawyers assist with purchases, sales and proposed M&As. Representative works includes advice to 21st Century Fox in its proposed USD 80 billion acquisition of Time Warner, representation of Walt Disney in its USD 4 billion acquisition of LucasfilM and assistance to XM Satellite Radio in its USD 13 billion tax-free merger-of-equals with Sirius Satellite Radio. Thomas H. Kennedy and Stuart D. Levi are the firm’s key practitioners.
Arnall Golden Gregory’s dedicated practice group specialises in the defence of libel, defamation and invasion of privacy. Based in Washington and Atlanta respectively, Ross A. Buntrock and Robert L. Rothman focus on disputes, commercial litigation and regulatory advice.
Foley & Lardner’s work covers sports, advertising, and copyright with broader emphasis on technology. The practice focusses on sports franchise investments, acquisitions, financing and commercial transactions. In representative work, lawyers acted for Guggenheim Baseball Management, the ownership group of the Los Angeles Dodgers, in its new television rights deal to launch SportsNet LA, a regional sports network for the franchise.
The media law practice group at Steptoe & Johnson routinely works with communications industry clients on matters ranging from copyright to complex commercial disputes. Core service areas include digital media, entertainment and e-commerce. The team advises on cases of defamation, commercial speech and corporate expression. In notable work lawyers assisted a production company on television co-production agreements with Chinese production companies for the broadcasting and distribution of television shows in China. Allan and Shannen W. Coffin are the firm’s primary contact for media law, working from New York and Washington respectively.
Kelley Drye & Warren has a respected practice committed to media and entertainment litigation, representing defendants and plaintiffs. In highlighted work the team successfully defended two television studios against a claim by two talent agencies for an increased percentage of the revenue generated by the off-network distribution of a television series. Led by Los Angeles-based Lee S. Brenner, the team also aced for a Los Angeles television station against defamation and invasion of privacy claims.
The media group at Robins Kaplan works across a range of sectors. The team handles cases on behalf of advertising agencies, actors, musicians and athletes. Lawyers advise on independent motion picture and television production and distribution. Practice leader Mark Passin advises on high-profile disputes between recording artists and record companies, on royalty audits and motion picture profit participations.
Music specialist Ziffren Brittenham has extensive experience representing clients from the music industry. The firm has acted for more than 30 members of the Rock and Roll Hall of Fame and has negotiated multiple global rights deals. Lawyers advise numerous independent music labels and assist independent family entertainment and video game companies. Founding partner Skip Brittenham handles transactional cases and has supervised numerous successful public offerings of media companies.
Cahill Gordon & Reindel
Davis & Gilbert
Davis Wright Tremaine
Frankfurt Kurnit Klein & Selz
Latham & Watkins
Loeb & Loeb
Debevoise & Plimpton
Jenner & Block
Kramer Levin Naftalis & Frankel
Patterson Belknap Webb & Tyler
Arnold & Porter Kaye Scholer
Covington & Burling
Cravath, Swaine & Moore
Kirkland & Ellis
Manatt, Phelps & Phillips
Mitchell Silberberg & Knupp
Morgan, Lewis & Bockius
Skadden, Arps, Slate, Meagher & Flom
Arnall Golden Gregory
Foley & Lardner
Ladas & Parry
Morrison & Foerster
Paul, Weiss, Rifkind, Wharton & Garrison
Steptoe & Johnson
Weil, Gotshal & Manges
Winston & Strawn
Clarick Gueron Reisbaum
Harris, Wiltshire & Grannis
Hughes Hubbard & Reed
Irell & Manella
Kelley Drye & Warren
Kellogg Hansen Todd Figel & Frederick
Ropes & Gray
Squire Patton Boggs
RANKING AND EDITORIALS
makes it easier and less costly for copyright holders to assert their rights, challenge infringement, and disincentive further violations.
Defendants, however, are more likely to face relatively weak copyright claims although the CASE Act allows them to opt out within 60 days, thereby securing dismissal without prejudice from the Copyright Claims Board.
If a defendant opts-out, the copyright holder must proceed with traditional federal litigation. This tactic may disincentivize the plaintiff from pursuing its claim and also frustrates the Act’s original purpose of making copyright claims affordable.
Claimants can request that the Board facilitate a settlement, providing a system for early resolution. Once the case is decided, however, the CASE Act, offers very limited recourse for appeal.
Similar to binding arbitration, the parties can challenge the Board’s decision only on the basis of fraud, misrepresentation, or misconduct, and may not directly appeal to a federal court.
Written by Jeanne Hamburg
Norris McLaughlin, P.A.