Cases

Music

• Draft, negotiate, and review music producer agreements, publishing agreements, recording artist agreements, content licensing agreements, as well as merchandising, technology and software licensing agreements, and sponsorship and endorsement agreements for numerous clients in the music industry. 
• Represent major, global music publishing company in multiple publishing catalog acquisitions.
• Assists clients in obtaining rights to use music in audiovisual and/or music productions.

Video Games

• Represented Take Two Interactive, one of the nation’s leading software publishers and owner of the Grand Theft Auto franchise, in connection with its cutting edge license to Universal Pictures of the motion picture and allied rights in its best-selling video game "Bioshock."
• Represent major video game publishers and interactive media companies in connection with the license of the motion picture and customary allied rights in their video game properties to different studios for feature length motion pictures.
• Draft, negotiate, and review technology, software, music, and other content licensing agreements; talent services agreements; option agreements; and merchandising, sponsorship, and endorsement agreements; publishing agreements; development agreements for clients in the video game industry.
• Represent video game developer, publisher and distributor, including drafting and review of licensing, distribution and talent agreements and advising on intellectual property issues.
• Represent video game developer in connection with licensing agreements.

Multi-Disciplinary Entertainment

• Represented Apple Corps. Ltd. in negotiations to develop a state-of-the-art “performance capture” remake of the 1968 psychedelic animated movie “Yellow Submarine.” In addition to negotiating rights for the film, conducted extensive and sophisticated negotiations involving a comprehensive array of additional ancillary rights, including theme park rights, stage play rights, music rights, television rights, interactive gaming rights, and merchandising rights, among other licensing arrangements.
• Represented Take-Two Interactive Software, Inc. in complex, comprehensive and sophisticated negotiations in connection with its cutting-edge license to Universal Pictures of the motion picture and allied rights in the blockbuster video game "Bioshock®." In addition to the film, MSK negotiated a variety of ancillary rights, including theme park rights, television rights and a host of merchandising rights, in a number of complex and nuanced agreements.
• Represented Michael Jackson in large scale motion picture development and promotional tour agreement.
• Represented celebrity chefs in a variety of performance, appearance and licensing matters including Food Network television series, major U.S. television network series, endorsements, cookbooks and other publishing agreements and life story rights for a major motion picture.
• Represent major video game publishers and interactive media companies in connection with the license of the motion picture and customary allied rights in their video game properties to different studios for feature length motion pictures.
• Represented The Beatles in negotiations for the remake of "Yellow Submarine," one of the motion picture industry’s largest and most comprehensive rights deals.

Film and Television Finance

• Represent both investors and producers in film investment transactions.
• Ongoing representation of studio in connection with production insurance coverage claim against insurer regarding relocation of production costs.
• Successfully represented motion picture financiers and investors in connection with a number of film financing disputes.
• Structured $200 million per year investment in program funding for network to leverage the acquisition of programming with a total production value in excess of $1 billion.
• On behalf of studios, investors, and banks, negotiated financing arrangements for high budget films.
• Negotiated joint venture to establish new production/financing/distribution entity involving $150 million in funding.
• Represent motion picture producer and financier, including drafting and negotiating development agreements.

Co-Production and Co-Finance

• Negotiate major co-financing deal between existing media company and multiple film distributors to co-finance and co-market a slate of theatrical films.
• Regularly handle single and multi-title co-financing deals on behalf of other film financiers and independent production companies.
• Negotiated a major co-financing deal for PBS with BBC and BBC Worldwide.

Profit Participation in Motion Pictures and Television

• Ongoing representation of studio in connection with disputes regarding contingent participation claims.
• Represented prevailing party in AAA arbitration in contingent compensation dispute as to participation in particular lines of revenue.
• Negotiated $5 million plus settlement of net profit claim against major studio.
• Represented distributor in $3 million in audit claims from independent producer.
• Successfully represented multiple insurers in motion picture disputes involving film financing transactions.

Development Agreements

• On behalf of studio, negotiated profit pooling arrangement for group of A-level players.
• Structured and negotiated sale of remake rights for movies in excess of $2.5 million.
• Negotiated one of the largest talent agreements in the motion picture industry.
• On behalf of studios, negotiate first look deals with major producers and directors.
• Draft, negotiate, and review general and minor appearance releases, intellectual property licensing agreements, publishing agreements, synchronization and master use licenses, talent agreements, media licensing agreements, employment agreements, work for hire agreements, branded content agreements, sponsorship agreements, and non-disclosure agreements.
• Advise on, draft, and review official rules, copy, and disclosures for sweepstakes, contests, and other promotions.
• Represent motion picture producer and financier, including drafting and negotiating development agreements.

Acquisition and Distribution Agreements

• Implemented U.S. channel’s joint venture with U.K. channel, involving co-production of hundreds of hours of television programming and the launch of three newly branded channels.
• Represent major international distribution company on acquisitions of films with budgets over $100 million.
• Commercial Tie-Ins and Product Placement
• Negotiated agreement between Allied Domecq and Warner Bros. to tie in Kahlua with Catwoman.
• Negotiated and structured international cross-promotional arrangements between soda brand and high-grossing feature film series.
• Negotiated $10 million plus deal between manufacturer of home repair products and studio for use of character as spokesperson and symbol of brand.

Business Planning and Strategy

• Advised entrepreneurs on proposed investment of $50 million in start-up film company.
• Drafted business plans for television network regarding new media distribution strategy.
• Drafted Business Plan for European rights aggregation and television production company seeking investors for specialty production unit.

Operations

• Negotiated agreements with Oracle Corporation and other software companies for the development of innovative software, including fundraising software for PBS and its member stations, and fulfillment software for PBS Home Video and Learning Services.
• Modernized and systemized methods of information retrieval regarding film rights in library.

Corporate Services

• Negotiated first round of financing for high definition TV channels.
• On behalf of financier, structured and negotiated agreement forming new independent film finance company, engaging well known producer team and acquiring product.

Publications

Alerts

Events & Speaking Engagements

Multimedia