2012
Two Week Federal Trial - Trademark Infringement
Represented Ultra Enterprises, Inc. in a federal law suit against the largest independent electronic dance music ("EDM") record label in a trademark infringement and breach of contract action in the U.S. District Court for the Southern District of New York. Ultra Enterprises, Inc. is the owner of the trademark for the Ultra Music Festival, the award-winning Miami electronic dance music festival; the UMF Ibiza music festival; the UMF Brazil music festival; and other UMF events. After cross-examining the defendant's CEO and expert witness and delivering the closing arguments in a two week jury trial, the parties settled on very favorable business terms to our client that allow our client to use its protected marks world-wide, and creates an opportunity for the parties involved in the case to move forward and work together on future business endeavors.
Two Week Federal Trial - Trademark Infringement
Represented Ultra Enterprises, Inc. in a federal law suit against the largest independent electronic dance music ("EDM") record label in a trademark infringement and breach of contract action in the U.S. District Court for the Southern District of New York. Ultra Enterprises, Inc. is the owner of the trademark for the Ultra Music Festival, the award-winning Miami electronic dance music festival; the UMF Ibiza music festival; the UMF Brazil music festival; and other UMF events. After cross-examining the defendant's CEO and expert witness and delivering the closing arguments in a two week jury trial, the parties settled on very favorable business terms to our client that allow our client to use its protected marks world-wide, and creates an opportunity for the parties involved in the case to move forward and work together on future business endeavors.
2012
1960's Singing Group - Trademark Infringement
Kelly v. Duprees MJA, LLC, 2012 U.S. Dist. LEXIS 40597 (D. N.J. March 23, 2012). Represented the Estate of Michael Arnone, a co-founder of the famous 1960's vocal harmony group The Duprees, and its assignee, Duprees MJA, in obtaining summary judgment dismissing all claims alleging fraud on the USPTO, common law trademark infringement and violation of the New Jersey "Truth in Music" Act. The case was brought by a former singer who had joined the Duprees group in 1964, two years after they already had their first major hits, and left the group in the late 1970s, never to perform again. The dismissal on the merits brings to a close a six-year battle over the rights to the DUPREES name and rejects the notion that early members of a performing group can claim rights in the group's name if they abandon the group without securing a partnership agreement to the contrary or a license.
1960's Singing Group - Trademark Infringement
Kelly v. Duprees MJA, LLC, 2012 U.S. Dist. LEXIS 40597 (D. N.J. March 23, 2012). Represented the Estate of Michael Arnone, a co-founder of the famous 1960's vocal harmony group The Duprees, and its assignee, Duprees MJA, in obtaining summary judgment dismissing all claims alleging fraud on the USPTO, common law trademark infringement and violation of the New Jersey "Truth in Music" Act. The case was brought by a former singer who had joined the Duprees group in 1964, two years after they already had their first major hits, and left the group in the late 1970s, never to perform again. The dismissal on the merits brings to a close a six-year battle over the rights to the DUPREES name and rejects the notion that early members of a performing group can claim rights in the group's name if they abandon the group without securing a partnership agreement to the contrary or a license.
Ongoing
Cell Phone Manufacturer - IP Issues
Advise mobile telephone handset manufacturers regarding copyright, IP and licensing issues.
Cell Phone Manufacturer - IP Issues
Advise mobile telephone handset manufacturers regarding copyright, IP and licensing issues.
2012
Top Rank - Manny Pacquiao v. Juan Manuel Marquez IV WBO
Representation of Top Rank in the Manny Pacquiao v. Juan Manuel Marquez IV WBO held December 8, 2012 at MGM Grand Garden Arena and telecast on HBO pay-per-view.
Top Rank - Manny Pacquiao v. Juan Manuel Marquez IV WBO
Representation of Top Rank in the Manny Pacquiao v. Juan Manuel Marquez IV WBO held December 8, 2012 at MGM Grand Garden Arena and telecast on HBO pay-per-view.
2012
Top Rank - Manny Pacquiao v. Timothy Bradley Jr. WBO
Representation of Top Rank in the Manny Pacquiao v. Timothy Bradley Jr. WBO welterweight championship bout held June 9, 2012 at MGM Grand Garden Arena and telecast on HBO pay-per-view.
Top Rank - Manny Pacquiao v. Timothy Bradley Jr. WBO
Representation of Top Rank in the Manny Pacquiao v. Timothy Bradley Jr. WBO welterweight championship bout held June 9, 2012 at MGM Grand Garden Arena and telecast on HBO pay-per-view.
2012
Top Rank - Julio Cesar Chavez v. Sergio Martinez WBC
Representation of Top Rank in the Julio Cesar Chavez v. Sergio Martinez WBC middleweight championship bout held September 15, 2012 at the Thomas & Mack Center in Las Vegas and telecast on HBO pay-per-view.
Top Rank - Julio Cesar Chavez v. Sergio Martinez WBC
Representation of Top Rank in the Julio Cesar Chavez v. Sergio Martinez WBC middleweight championship bout held September 15, 2012 at the Thomas & Mack Center in Las Vegas and telecast on HBO pay-per-view.
2012
Top Rank - Telecast Contracts
Legal representation of TopRank.TV including contracting with athletes and arenas, TV broadcasters, Home BOX Office and foreign broadcasters for live telecasts in all media including internet and online.
Top Rank - Telecast Contracts
Legal representation of TopRank.TV including contracting with athletes and arenas, TV broadcasters, Home BOX Office and foreign broadcasters for live telecasts in all media including internet and online.
2011
Plainfield Asset Management - Wake Music Catalog
Representation of Plainfield in selling the Wake Music Catalog—a catalog of approximately 4,000 songs, including hits by Jennifer Lopez and other internationally renowned recording artists.
Plainfield Asset Management - Wake Music Catalog
Representation of Plainfield in selling the Wake Music Catalog—a catalog of approximately 4,000 songs, including hits by Jennifer Lopez and other internationally renowned recording artists.
2010
Documentary Film - Copyright Infringement
Representation of the producers and director of a documentary film in an action for copyright infringement tied to the use of certain pre and post 1972 sound recordings as background music under public television compulsory license provisions of the Copyright Act. We negotiated an early settlement that was satisfactory to our clients with no economic impact.
Documentary Film - Copyright Infringement
Representation of the producers and director of a documentary film in an action for copyright infringement tied to the use of certain pre and post 1972 sound recordings as background music under public television compulsory license provisions of the Copyright Act. We negotiated an early settlement that was satisfactory to our clients with no economic impact.
Ongoing
Playlist Music Service - Content Licensing
Negotiate record company licenses for playlist music service.
Playlist Music Service - Content Licensing
Negotiate record company licenses for playlist music service.
2010
Music Company Executive - Breach of Contract
Representation of a music company executive in his successful motion to dismiss a suit alleging breach of employment contract and fraud.
Music Company Executive - Breach of Contract
Representation of a music company executive in his successful motion to dismiss a suit alleging breach of employment contract and fraud.
2010
Legends Hospitality LLC - Senior Secured Credit Facility
Representation of Legends Hospitality, LLC and Legends Premium Sales, LLC in connection with their senior secured credit facility consisting of a term loan and a revolving credit facility with a letter of credit and swing line subfacilities. Legends Hospitality provides sports and entertainment venues with food, beverage, merchandise and other hospitality services.
Legends Hospitality LLC - Senior Secured Credit Facility
Representation of Legends Hospitality, LLC and Legends Premium Sales, LLC in connection with their senior secured credit facility consisting of a term loan and a revolving credit facility with a letter of credit and swing line subfacilities. Legends Hospitality provides sports and entertainment venues with food, beverage, merchandise and other hospitality services.
2010
Yankee Global Enterprises LLC - Refinancing
Representation of Yankee Global Enterprises LLC in refinancing its senior credit facility consisting of a term loan and a revolving line of credit. Yankee Global Enterprises LLC is a holding company that invests in media and sports related businesses, including the New York Yankees.
Yankee Global Enterprises LLC - Refinancing
Representation of Yankee Global Enterprises LLC in refinancing its senior credit facility consisting of a term loan and a revolving line of credit. Yankee Global Enterprises LLC is a holding company that invests in media and sports related businesses, including the New York Yankees.
2010
Digital Entertainment Executive - Employment Agreement
Advise a digital executive on his employment agreement to manage the digital affairs of a major motion picture studio.
Digital Entertainment Executive - Employment Agreement
Advise a digital executive on his employment agreement to manage the digital affairs of a major motion picture studio.
2010
Superstar Recording Artist - Video Game License
Represent well-known recording artist in licensing his name and likeness rights for the development of an interactive video game.
Superstar Recording Artist - Video Game License
Represent well-known recording artist in licensing his name and likeness rights for the development of an interactive video game.
2010
Background Music Service - Content Licensing
Advise international background music service provider in negotiating license agreements with the major record companies.
Background Music Service - Content Licensing
Advise international background music service provider in negotiating license agreements with the major record companies.
2010
Streaming Music Service - Content Licensing
Negotiate major record company licenses for streaming music service.
Streaming Music Service - Content Licensing
Negotiate major record company licenses for streaming music service.
2009
Commercial Bank - Creative Unsecured Debt Restructuring
Representation of the private bank division of a major U.S. commercial bank in the restructuring of two unsecured loans to a famous Hollywood producer. We are securing a portion of the debt and creating documentation designed to generate cash to reduce the bank's exposure.
Commercial Bank - Creative Unsecured Debt Restructuring
Representation of the private bank division of a major U.S. commercial bank in the restructuring of two unsecured loans to a famous Hollywood producer. We are securing a portion of the debt and creating documentation designed to generate cash to reduce the bank's exposure.
2009
Legends Hospitality
Representation of Legends Hospitality LLC—a joint venture among the Yankees, Dallas Cowboys and two private equity firms—in setting up business operations (which include running concession services at stadiums, arenas and other large venues), obtaining necessary permits and authorizations in the states in which it will provide these services, including New York, New Jersey, Pennsylvania, Texas and Florida, and protecting its intellectual property rights.
Legends Hospitality
Representation of Legends Hospitality LLC—a joint venture among the Yankees, Dallas Cowboys and two private equity firms—in setting up business operations (which include running concession services at stadiums, arenas and other large venues), obtaining necessary permits and authorizations in the states in which it will provide these services, including New York, New Jersey, Pennsylvania, Texas and Florida, and protecting its intellectual property rights.
2009
Top Rank - Television Deal
Representation of Top Rank, Inc. in negotiating and concluding an agreement for Fox Sports to televise a new boxing series, "Top Rank Live." The series features fight cards from around the U.S. and Mexico three times per month on Fox Sports en Español, with at least one event per month being carried by Fox Sports Net and its regional sports network affiliates.
Top Rank - Television Deal
Representation of Top Rank, Inc. in negotiating and concluding an agreement for Fox Sports to televise a new boxing series, "Top Rank Live." The series features fight cards from around the U.S. and Mexico three times per month on Fox Sports en Español, with at least one event per month being carried by Fox Sports Net and its regional sports network affiliates.
2009
Digital Application Developer - Content Licensing
Advise developer of a highly successful iPhone app regarding content licensing.
Digital Application Developer - Content Licensing
Advise developer of a highly successful iPhone app regarding content licensing.
2009
Content Owner - License for iPhone App
Advise a record label and music publisher regarding licensing of content for use by a top-ranked iPhone music app.
Content Owner - License for iPhone App
Advise a record label and music publisher regarding licensing of content for use by a top-ranked iPhone music app.
2009
Digital Fulfillment Services - Outsourcing Agreement
Negotiate agreement on behalf of a digital distribution service with a digital services entity.
Digital Fulfillment Services - Outsourcing Agreement
Negotiate agreement on behalf of a digital distribution service with a digital services entity.
2009
Television Producer - Participant Rights Agreement
Representation of a producer of a music competition television program in obtaining recording and other rights from show participants.
Television Producer - Participant Rights Agreement
Representation of a producer of a music competition television program in obtaining recording and other rights from show participants.
2009
Television Producer - Record Label Agreements
Negotiate television producer’s agreements with major record labels for the release of recordings from top contestants in music competition television program.
Television Producer - Record Label Agreements
Negotiate television producer’s agreements with major record labels for the release of recordings from top contestants in music competition television program.
2008
Investor Group - Motion Picture Investment
Representation of an investor group in restructuring their investment in high profile motion pictures.
Investor Group - Motion Picture Investment
Representation of an investor group in restructuring their investment in high profile motion pictures.
2008
Private Equity Fund - Music Industry Deal Restructuring
Representation of a private equity fund in the comprehensive restructuring of the acquisition financing for a music catalog. The restructuring involves the purchase of a music catalog in satisfaction of acquisition financing obligations, and also the funding of a music developer's participation in a new joint venture.
Private Equity Fund - Music Industry Deal Restructuring
Representation of a private equity fund in the comprehensive restructuring of the acquisition financing for a music catalog. The restructuring involves the purchase of a music catalog in satisfaction of acquisition financing obligations, and also the funding of a music developer's participation in a new joint venture.
2008
Top Rank - Miguel Cotto v. Antonio Margarito
Representation of Top Rank in the Miguel Cotto v. Antonio Margarito WBA welterweight championship, MGM Grand, Las Vegas, July 26, 2008, distributed by HBO Pay-Per-View Telecast.
Top Rank - Miguel Cotto v. Antonio Margarito
Representation of Top Rank in the Miguel Cotto v. Antonio Margarito WBA welterweight championship, MGM Grand, Las Vegas, July 26, 2008, distributed by HBO Pay-Per-View Telecast.
2008
Top Rank - Manny Pacquiao v. David Diaz
Representation of Top Rank in the Manny Pacquiao v. David Diaz WBC lightweight championship bout, Mandalay Bay Resort & Casino, Las Vegas, June 28, 2008, distributed by HBO Pay-Per-View Telecast.
Top Rank - Manny Pacquiao v. David Diaz
Representation of Top Rank in the Manny Pacquiao v. David Diaz WBC lightweight championship bout, Mandalay Bay Resort & Casino, Las Vegas, June 28, 2008, distributed by HBO Pay-Per-View Telecast.
2008
Top Rank - Kelly Pavlik v. Gary Lockett
Representation of Top Rank in the Kelly Pavlik v. Gary Lockett WBC/WBO middleweight championship bout, Boardwalk Hall, Atlantic City, June 7, 2008, distributed by HBO Championship Boxing.
Top Rank - Kelly Pavlik v. Gary Lockett
Representation of Top Rank in the Kelly Pavlik v. Gary Lockett WBC/WBO middleweight championship bout, Boardwalk Hall, Atlantic City, June 7, 2008, distributed by HBO Championship Boxing.
2008
Chief Technology Officer - Employment Agreement
Advise a Chief Technology Officer on his employment agreement in connection with the acquisition of his company by a major worldwide entertainment entity.
Chief Technology Officer - Employment Agreement
Advise a Chief Technology Officer on his employment agreement in connection with the acquisition of his company by a major worldwide entertainment entity.
2007
Sports Technologies - Joint Venture with Sports Illustrated
Outside general counsel to a joint venture between Sports Technologies, Sports Illustrated and Time Inc. Interactive. The joint venture was formed in connection with the sale of FanNation.com to Sports Illustrated to develop other related properties and technologies.
Sports Technologies - Joint Venture with Sports Illustrated
Outside general counsel to a joint venture between Sports Technologies, Sports Illustrated and Time Inc. Interactive. The joint venture was formed in connection with the sale of FanNation.com to Sports Illustrated to develop other related properties and technologies.
2008
British Artist - Digital Copyright Infringement
Representation of a major British contemporary artist in shutting down websites hosted from within the US, including through issuance of DMCA "take down" notices, that display unauthorized copyrighted images and offer to make unauthorized reproductions of his works
British Artist - Digital Copyright Infringement
Representation of a major British contemporary artist in shutting down websites hosted from within the US, including through issuance of DMCA "take down" notices, that display unauthorized copyrighted images and offer to make unauthorized reproductions of his works
2007
TV Executive - Executive Employment Contract
Representation of a top executive of a publicly held cable television company in their executive employment contract negotiation.
TV Executive - Executive Employment Contract
Representation of a top executive of a publicly held cable television company in their executive employment contract negotiation.
2007
Talent Management Services - Former Employee/Shareholder Litigation
Representation of a global recruitment and talent management services provider in litigation commenced by a former employee/shareholder claiming wrongful termination, fraud and damages in connection with the sale of the company subsequent to the employee's departure.
Talent Management Services - Former Employee/Shareholder Litigation
Representation of a global recruitment and talent management services provider in litigation commenced by a former employee/shareholder claiming wrongful termination, fraud and damages in connection with the sale of the company subsequent to the employee's departure.
2007
Publishing Company - Super Hero Licensing
Representation of a major publishing company in the licensing of classic superhero properties to a film studio.
Publishing Company - Super Hero Licensing
Representation of a major publishing company in the licensing of classic superhero properties to a film studio.
2007
Movie Director - Studio Litigation
Served as expert witness to a top motion picture director in litigation with a major studio over profits accounting.
Movie Director - Studio Litigation
Served as expert witness to a top motion picture director in litigation with a major studio over profits accounting.
2007
Digital Entertainment Technology Company - Licensing Program
Representation of a digital entertainment technology company in devising and implementing a digital lyric licensing program. This program is the first time the music publishing industry has monetized this IP asset.
Digital Entertainment Technology Company - Licensing Program
Representation of a digital entertainment technology company in devising and implementing a digital lyric licensing program. This program is the first time the music publishing industry has monetized this IP asset.
2007
SportsNet New York - Term Loan Facility
Representation of a major regional sports network in a $200 million syndicated term loan facility and related joint venture matters with its two major cable television joint venture partners.
SportsNet New York - Term Loan Facility
Representation of a major regional sports network in a $200 million syndicated term loan facility and related joint venture matters with its two major cable television joint venture partners.
2007
Investment Bank - Music Publisher Acquisition
Representation of an investment bank in its potential acquisition of a major music publishing company - the largest transaction in the history of the music publishing industry.
Investment Bank - Music Publisher Acquisition
Representation of an investment bank in its potential acquisition of a major music publishing company - the largest transaction in the history of the music publishing industry.
2007
Joan Dangerfield - Ownership Dispute
Representation of Joan Dangerfield, widow of Rodney Dangerfield, in recovering her equity interest in her deceased husband’s corporation, the comedy nightclub Dangerfield’s.
Joan Dangerfield - Ownership Dispute
Representation of Joan Dangerfield, widow of Rodney Dangerfield, in recovering her equity interest in her deceased husband’s corporation, the comedy nightclub Dangerfield’s.
2007
Private Equity Fund - Asset Sale
Representation of a private equity fund in its sale of business assets involving broadcast television licenses.
Private Equity Fund - Asset Sale
Representation of a private equity fund in its sale of business assets involving broadcast television licenses.
2007
Hedge Fund - Music Acquisition Financing
Representation of a Connecticut-based hedge fund and a Wall Street investment bank in connection with their joint acquisition financing and restructuring of a secured multi-draw term loan facility. A portion of the proceeds were used by the borrower, a global music publisher, to acquire an interest in the song catalogs of Kurt Cobain, John Lennon, Daryl Hall & John Oates; Holly Knight, an accomplished musician and songwriter who has written hits for Tina Turner, Pat Benatar and Aerosmith; Six Degrees; Blue October; The Matrix; and Daniel Johnston, among others.
Hedge Fund - Music Acquisition Financing
Representation of a Connecticut-based hedge fund and a Wall Street investment bank in connection with their joint acquisition financing and restructuring of a secured multi-draw term loan facility. A portion of the proceeds were used by the borrower, a global music publisher, to acquire an interest in the song catalogs of Kurt Cobain, John Lennon, Daryl Hall & John Oates; Holly Knight, an accomplished musician and songwriter who has written hits for Tina Turner, Pat Benatar and Aerosmith; Six Degrees; Blue October; The Matrix; and Daniel Johnston, among others.
2007
Recording Artist and Music Publisher - Digital Copyright Infringement
Representation of a recording artist and an international music publishing company in a federal court action for copyright infringement involving digital sampling of a sound recording.
Recording Artist and Music Publisher - Digital Copyright Infringement
Representation of a recording artist and an international music publishing company in a federal court action for copyright infringement involving digital sampling of a sound recording.
2006
Major Comic Book Company - Library Acquisition
Representation of the purchaser of a significant comic book library from a prominent video game company's Chapter 7 Bankruptcy Trustee.
Major Comic Book Company - Library Acquisition
Representation of the purchaser of a significant comic book library from a prominent video game company's Chapter 7 Bankruptcy Trustee.
2006
New York Yankees - New Stadium Financing
Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
New York Yankees - New Stadium Financing
Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
2006
Sega - Merger
Representation of Sega Corporation in its bid to merge its U.S. and European operations with a U.S. game software manufacturer.
Sega - Merger
Representation of Sega Corporation in its bid to merge its U.S. and European operations with a U.S. game software manufacturer.
2005
New York Yankees - Online Sweepstakes
Representation of the New York Yankees in two online sweepstakes in conjunction with a major electronics corporation, including drafting the sweepstakes official rules and winners' affidavits and assisting with the bonding/security requirements.
New York Yankees - Online Sweepstakes
Representation of the New York Yankees in two online sweepstakes in conjunction with a major electronics corporation, including drafting the sweepstakes official rules and winners' affidavits and assisting with the bonding/security requirements.
2004
Sports Company - Billion-Dollar Reorganization
Counsel to a premier integrated sports and media company in its billion-dollar ownership reorganization and restructuring.
Sports Company - Billion-Dollar Reorganization
Counsel to a premier integrated sports and media company in its billion-dollar ownership reorganization and restructuring.
2001
Sports TV Network - Formation
Formation and organization of a high profile, 24-hour cable sports television network.
Sports TV Network - Formation
Formation and organization of a high profile, 24-hour cable sports television network.
2001
Dance Club Chain - Trademark Enforcement
Representation of a national dance club chain in enforcing its trademark and trade dress rights in multiple states.
Dance Club Chain - Trademark Enforcement
Representation of a national dance club chain in enforcing its trademark and trade dress rights in multiple states.
1998
Film Equipment Company - Equity Offering
Representation of a leading manufacturer of film and lighting equipment for the motion picture industry, and its selling stockholders, in connection with a $30 million secondary equity offering; a $15 million equity offering; and a $9 million secondary equity offering. (Prior firm experience)
Film Equipment Company - Equity Offering
Representation of a leading manufacturer of film and lighting equipment for the motion picture industry, and its selling stockholders, in connection with a $30 million secondary equity offering; a $15 million equity offering; and a $9 million secondary equity offering. (Prior firm experience)
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