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entertainment & related media: news
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Media Mention

Broadcasters Consider Supreme Court Petition on Aereo
October 11, 2013 -- The Wall Street Journal
Barry Werbin was quoted in The Wall Street Journal article "Broadcasters Consider Supreme Court Petition on Aereo." In the article, Barry predicted the Supreme Court "ultimately will have to intervene in the matter, because of the significant potential impact these services could have on broadcast television and the public."
Press Release

Herrick Represents The New York Yankees in Multi-Year Broadcast Agreement with CBS Radio
September 16, 2013
Herrick, Feinstein LLP is proud to have represented the New York Yankees in the signing of a multi-year broadcast agreement with CBS RADIO to simulcast Yankees games on WFAN-AM 660 and WFAN-FM 101.9, beginning in 2014. All Yankees regular season and postseason games as well as pregame and postgame shows and a selection of spring training games will be simulcast. The agreement also grants CBS RADIO multi-year Spanish-language broadcast rights.
Media Mention

Law 360 Profiles Herrick Partner and Intellectual Property Group Chair
August 8, 2013 -- Law 360
Herrick Intellectual Property and Technology Group Chair Barry Werbin was profiled in the Law 360 interview “Q&A With Herrick, Feinstein’s Barry Werbin.” In the interview, Barry delves into Herrick’s successful representation of the estate of Michael Arnone, an original member of the Duprees and the owner of the underlying trademark rights to the group’s name. Barry also discusses, among other topics, the 1976 Copyright Act, and the extension of the fair use doctrine in the context of digital media and content delivery.
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BOROUGH PRESIDENT STRINGER ANNOUNCES BREAKTHROUGH AGREEMENT RESCUING THE HISTORIC NATIONAL BLACK THEATRE OF HARLEM AND ASSURING ITS FINANCIAL FUTURE
June 7, 2012
Manhattan Borough President Scott M. Stringer today unveiled an agreement that will permit the National Black Theatre of Harlem to continue operations in its current location and puts the legendary theatrical organization on stronger financial ground. "We are looking forward to transforming this landmark Harlem property together to make it stronger than ever - a place where NBT can vigorously continue to pursue Dr. Teer's goals," said Raymond Nicola Hannigan, a partner with Herrick, Feinstein LLP, which represents the theatre.
Media Mention

Have You Heard? Duprees Singer's Suit Over Group's Name Is Thrown Out.
March 28, 2012 -- New Jersey Law Journal
Barry Werbin is quoted and Herrick’s win in federal court in New Jersey is noted in this article. A federal judge in New Jersey granted judgment to our client, the Estate of Michael Arnone, in a case that challenged the registered trademark ownership and rights of our client to use or license the name of The Duprees. The group, one of the world’s leading doo-wop groups, tours to this day and generates royalties. The judgment likely brings to a close the six-year dispute over the rights to the name and rejects the notion that early members of a band can use the group’s name if they leave the band without securing an agreement to the contrary or a license.
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Toto, I've a feeling we're not in the public domain anymore
July 13, 2011 -- Thomson Reuters News & Insight
Barry Werbin weighs in on the possibility of appeal from or en banc reconsideration of a complex Eighth Circuit decision regarding rights to publicity photos shot on movie sets, based on the 1909 Copyright Act. This article notes that Barry is chair of the New York City Bar Association's copyright committee and mentions his view that portions of the plaintiff-friendly decision might be ripe for appeal, but that en banc reconsideration is unlikely, given the absence of a dissenting opinion from the three-judge panel.
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NFL warning sponsors about deals with players trade group
March 27, 2011 -- Sports Business Journal
Barry Werbin says the NFL's and franchises' websites are primarily informational -- and the players public figures -- which means the league is probably on safe ground continuing to use players' likenesses during the lockout. He says he understands the players' ire but says the league's First Amendment rights to disseminate information probably will prevail.
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Facebook's Private Days Numbered
January 7, 2011 -- Investor's Business Daily
Stephen Fox points out the irony that Facebook's business model encourages sharing of information over personal privacy, while its corporate model puts a premium on keeping its financials close to the vest. Stephen made his remarks in an article about the Goldman Sachs investment in Facebook and the question of whether Facebook will be able to remain a private company for long.
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Rogers gets a look at Leafs' books
December 3, 2010 -- The Toronto Star
Irwin Kishner helps examine the possibility that Canadian cable company Rogers Communications, which already owns Major League Baseball's Toronto Blue Jays, would buy a controlling share of Maple Leafs Sports and Entertainment, which owns the NHL's Maple Leafs, NBA's Raptors, a soccer team, a minor league hockey team, and several arenas. He notes that media companies and sports enterprises tend to be a good match, and that locking up a local market is valuable, making a Rogers ownership of MLSE a sensible move.
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Poetic ‘wordsmithing’? Teachers’ says it has no ‘firm offer’ for Leafs
December 3, 2010 -- The Toronto Star
A Canadian sports enterprise owner's lukewarm denial that it will sell its holdings -- including teams in the NHL, NBA and professional soccer, and sports venues -- actually reveals little about the owner's plans, Irwin Kishner says. He helps analyze the likelihood that a major Canadian media company is poised to buy one of that nation's premier portfolios of pro sports teams and venues.
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Rules To Remember About Investing In Memorabilia
October 18, 2010 -- CNBC.com
Irwin Kishner is quoted in this special section on alternative investing, noting that collectors of sports memorabilia can be divided into two groups: those who collect for the love of the items, and those who collect for possible profit. Among his other observations, Irwin advises the buyers of memorabilia deal with auction houses and other reputable dealers to minimize the chance of fraud, and to be aware of events -- an athlete's death, for instance, or winning a championship -- that could affect the value of some items.
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Why Disney Nabbed Playdom
August 2, 2010 -- InternetEvolution.com
Disney's $763 million acquisition of Playdom -- one of the big three developers of social games played on Facebook, MySpace, and the other social networks -- was shrewd, John Rogers says. The acquisition makes sense because it puts Disney in a micro-transaction-based business and also positions the entertainment giant to create games around its library of characters, he says, adding that social gaming is here to stay and will grow over time.
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How to hire freelancers with finesse: Know dos and don'ts to keep relationships with outside workers productive, problem-free
July 27, 2010 -- Crain's New York Business.com
Mara Levin discusses employment issues -- what distinguishes an employee from an independent contractor -- and Barry Werbin cautions that contractors' work product is the intellectual property of the contractors unless they sign a work-for-hire or assignment agreement. Mara and Barry made their observations in this story about how small businesses can safely use contractors instead of employees when circumstances dictate.
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Zynga Draws Record VC Funding
June 28, 2010 -- InternetEvolution.com
John Rogers says that Zynga, an on-line gaming site, appears to have limitless potential for profitability and therefore is likely to have a successful liquidity event in the form of a robust IPO or acquisition.
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Todd DuBoef and the Future of Boxing
June 21, 2010 -- SecondsOut.com
Michael Heitner is quoted at length in this profile of Todd DuBoef, an executive with our client Top Rank, the boxing promoter.
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Sony Loses Bid to Enforce Agreement With Competitor's Top Executive
March 24, 2010 -- New York Law Journal
Lead defense attorney Mara Levin analyzes why our client, an executive with a major competitor to Sony Music Entertainment, prevailed on a motion to dismiss Sony's suit, in which it alleged that our client breached an employment contract. David Feuerstein was on the litigation team.
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Lohan to Sue E-Trade for $100M
March 9, 2010 -- CNBC's Power Lunch
M. Darren Traub tells a live network audience that Lindsay Lohan's suit against E-Trade, in which she alleges that the company's television ad uses her likeness without her permission, is unlikely to succeed. Further, he says, even if it does, Lohan will have difficulty proving damages.
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To Tweet or Not to Tweet
March 9, 2010 -- NJ & Company
Companies should enunciate clear policies regarding employees' personal use of employers' computers, servers and other electronic communication devices and enforce those policies, Patricia Graham says. In this story, she analyzes the rights and responsibilities of employees and employers, both public and private.
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Amazon could pay for Kindle sales coyness
December 31, 2009 -- Reuters
Stephen Fox says that public companies need not report product-specific revenues unless those revenues comprise such a significant portion of overall earnings that they are "material." He notes that there is no bright line rule on when companies must report product-specific revenues, but that the size of those earnings -- relative to overall earnings -- is one significant factor in determining materiality.
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For stars, high-tech gaffes hard to hide
November 29, 2009 -- Associated Press
Matthew Pace notes that social media -- tweeting, for instance, and posting on Facebook -- are two-edged swords for celebrities, giving them access to their fan base but also potentially harming their images when they post imprudently.
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Cotto, Pacquiao to meet Nov. 14
2009 -- ESPN.com
Michael Heitner is mentioned as Top Rank promoter Bob Arum’s attorney in an article discussing Top Rank's success in finalizing the fight agreement between two of boxing's most popular fighters, Manny Pacquiao and Miguel Cotto. The highly anticipated fight is scheduled to take place in the fall of 2009.
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So You Want to Start a Tech Business
June 24, 2009 -- E-Commerce Times
Owners of tech start-ups should use their attorneys, accountants, bankers and financial advisors as conduits to equity and debt investment by angel and venture capital funds, Ed Stevenson says. Ed, chair of our venture capital and emerging growth company practice group, also suggests that owners join groups and associations that bring together investors and tech start-ups that need investment dollars.
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Mega Companies: Bust 'Em Up to Create Value?
May 28, 2009 -- CNBC Reports
In a live segment, Gary Young analyzes why some mergers make sense, some break-ups of merged entities make sense, and why it is impossible to make blanket statements that merger or spin-off is the best way to create shareholder value.
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Chernin's Reel Deal
February 24, 2009 -- CNBC's Closing Bell
In a live segment opposite a major shareholder, Carol Goodman analyzes the package that News Corp's No. 2 executive will receive upon leaving the company. Carol acknowledges that the raw numbers are robust but notes that the deal was made in a far better economy and that News Corp received great value from his services.
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Virtual Worlds: It's a Legal Jungle in There
November 26, 2008 -- E-Commerce Times
Steven Feldman notes that virtual worlds such as Second Life could be breeding grounds for securities fraud, with people using avatars to spread insider information or perpetrate pump-and-dump schemes. He analyzes how defense attorneys are likely to neutralize prosecutions of fraud.
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Google, Book Foes Propose Settlement To Copyright Lawsuit
October 29, 2008 -- Investor's Business Daily
Barry Werbin praises the settlement of widely watched copyright litigation between Google and two adversaries, the Authors Guild and the Association of American Publishers. Barry notes that the public will have a robust search mechanism, authors will receive appropriate royalties, and Google will develop significant revenue streams as a result of the settlement.
Media Mention

Think Global, Stay Local: Working From Home
October 2008 -- American Lawyer
This feature includes Herrick as one of the most prominent American law firms doing significant international legal work without having offices overseas. It mentions our insurance and reinsurance work in the U.K., France and Germany; Japanese corporate practice; and international art practice.
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Courtroom Showdown on Madden Images
August 4, 2008 -- Sports Business Journal
Matthew Pace opines on the viability of litigation by retired football players, seeing compensation for having their likenesses used by a video game manufacturer, which claims it distorted the images enough to avoid having to pay.
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What's in a name? A lawsuit: Trademark tussle between singer's heirs and group called The Duprees
August 3, 2008 -- The Star-Ledger
Matthew Hawkins is quoted in a story about how our client, the estate of the founder of the singing group The Duprees, is fighting to protect its trademark.
Media Mention

Celebrity Endorsement Contracts
August 14, 2007 -- CNBC
Dan Etna appears on CNBC’s “On the Money,” discussing Nike’s suspension of Michael Vick for violating an ethical conduct clause in his contract.
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How Battling Firms Can Work Out a Successful Deal: The Disney/Pixar combination points up the added complexities in acquisitions that mesh firms with frosty relations
March 1, 2006 -- Mergers & Acquisitions, The Dealmakers' Journal
Irwin Kishner is quoted on how companies with strained relations can co-exist following a merger, acquisition or strategic alliance.
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Thomas Hauser
July 16, 2004 -- SecondsOut.com
Mike Heitner is referred to as the "best contract attorney in the business"