Cases

• Regularly represent the entertainment industry collectively through the Alliance of Motion Picture and Television Producers (AMPTP) in high profile and high stakes arbitrations under the various Guild and union contracts. For example, we successfully represented two motion picture studios in an arbitration establishing the right to use clips from pre-1960 motion pictures without first bargaining with the performers appearing in the clips. The Screen Actors Guild had claimed that under the SAG theatrical and television agreements, such clips could not be used without first bargaining with the performers.

• In an arbitration handled on behalf of the entertainment industry through the AMPTP, we successfully represented three major studios in an arbitration in which SAG, the WGA and the DGA asserted that the method by which those companies paid residuals on videocassettes and DVD’s sold in foreign markets through unaffiliated subdistributors understated the residuals due by a very significant amount. After prevailing in the arbitration, we were able to negotiate a settlement on behalf of the remaining studios which had over-reported by paying in the manner which the Guilds contended was correct so that they were able to recoup significant portions of their overpayments.

• Represented Public Broadcasting Service, several public television stations, and producers in national labor negotiations with the American Federation of Television and Radio Artists, the Writers Guild of America, and the American Federation of Musicians.

• Represented a major cable television network in an extensive high profile government investigation involving alleged child labor law violations committed during the filming of a hit reality TV show.  The case raised questions regarding how child "stars" on reality shows are compensated and whether, and how much, they are subject to direction and control during filming.  We were able to successfully resolve the case, which could have resulted in criminal prosecution, with no such action taken.

• Successfully represented all of the major studios and networks in a closely watched arbitration against WGA in which it was determined that a portion of the 2008 New Media deal is not retroactive.

• Represented major motion picture and television producer in several industry-wide arbitrations with Screen Actors Guild, Writers Guild of America, Directors Guild, and IATSE.

• Successfully argued before the National Labor Relations Board (NLRB) to set aside a recent election at a major medical center due to a Union’s election misconduct. In the face of anonymous phone threats to a medical center employee, we argued that anonymous threats were more menacing than if the callers could be identified. The NLRB, in a unanimous panel decision, agreed and in a rare occurrence set aside the election.

• Represented Intermountain Power Service Corporation, one of the country's largest coal burning power plants, in collective bargaining negotiations, arbitrations and NLRB proceedings.

• Represented a large national garment retailer in fending off a major corporate campaign instituted by UNITE, including defending numerous unfair labor practices claims, ultimately resulting in the union abandoning its campaign.

• Represented a major U.S. beer manufacturer in negotiations with the Teamsters Union.

• Guided several medical centers through union organizing campaigns.

• Consulted with a number of local governments and agencies, including the Department of Water and Power, to help resolve union-driven conflicts.

• Represented the producer of "America's Next Top Model" in a series of NLRB proceedings against the Writers Guild, successfully preventing the Guild from organizing employees in the reality television field.

• Successfully represented NBC Universal in a major Writers Guild arbitration to establish the right to establish terms and conditions of employment for writers of "webisodes" for the internet by dealing directly with writers instead of negotiating with the Writers Guild.

• Represent the major motion picture and television industry's alcohol and controlled substance testing program, including advice and claims defense.

• Regularly represent clients in labor arbitrations over discharge, discipline, and contract interpretation issues among others.

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