Alan R. Friedman

Qualifications and Career Profile

Alan R. Friedman has more than 25 years of commercial litigation experience covering a broad range of industries. He has handled numerous contract, fraud, fiduciary duty, securities and other disputes for plaintiffs and defendants in state and federal courts from their inception through their final appellate stages. In addition, he has represented individuals and companies before JAMS, the AAA, other arbitral bodies and in SEC and DOJ regulatory investigations. Mr. Friedman has substantial intellectual property and entertainment litigation and transaction experience. He has handled many contract, copyright, trademark and participation/royalty claims in the motion picture, music and television industries. He is included in New York Super Lawyers – Metro Edition in Entertainment Law (2006–2012) and in The Best Lawyers in America (2010–2013). He is also a member of the Board of Editors of Entertainment Law & Finance.

Mr. Friedman served as General Counsel at Miramax Film Corp., a position he held for a six-year period that ended in 2005 when Miramax’s founders separated from the company. Prior to joining Miramax, Mr. Friedman represented the company in a variety of business matters and litigations as its outside counsel. During his tenure as General Counsel, Miramax successfully opposed numerous commercial and intellectual property claims without litigation and favorably resolved many other matters in court and in arbitration. Mr. Friedman actively participated in the company’s major court hearings and arbitrations and was responsible for planning and executing the company’s litigation and settlement strategies. He led the company in successfully overcoming challenges to such well known films as Shakespeare in Love, Chicago, The Cider House Rules, the Scary Movie releases and many others. He also reviewed Miramax films and marketing materials prior to release to evaluate and avoid risks of infringement, defamation and right of publicity/privacy claims.

Mr. Friedman regularly provides business counseling and copyright and trademark advice to clients. He has written about a variety of entertainment and copyright law topics. In addition, he has provided CLE instruction in trial practice and discovery techniques, has lectured on subjects involving copyright and entertainment law issues and chaired the Bar Association of the City of New York’s Entertainment Committee’s CLE program entitled for Ethical Issues for Entertainment Attorneys (2010).

Representative Matters

Among the contested matters Mr. Friedman has handled are the following:

• Won multimillion dollar award for former CEO of New York Stock Exchange company after two week arbitration hearing resulted in determination that company improperly terminated CEO’s employment.
• Won summary judgment dismissal of copyright claim asserted against NBC Universal and Reveille LLC in which plaintiff contended that popular television show “The Biggest Loser” infringed on her copyrighted treatment. Latimore v. NBC Universal, Inc., slip op., 07 Civ. 9338 (AKH) (S.D.N.Y. Feb. 22, 2011).
• Won appeal of NC-17 rating accorded to acclaimed feature length film entitled “Blue Valentine,” resulting in issuance of “R” rating for film, which facilitated that marketing and distribution of the picture. The Weinstein Company v. MPAA, decision rendered December 8, 2010.
• Represented major film distributor in ICC Arbitration involving disputes over contingent compensation, marketing and distribution of motion picture and rights to subsequent productions based upon motion picture the subject of dispute and negotiated favorable resolution for client prior to arbitration hearing.
• Represented foreign sales agent in connection with delivery dispute concerning whether motion picture delivered by foreign sales agent to distributor for major foreign territories complied with “non-technical specifications” included in license agreement and negotiated favorable resolution prior to initiation of claims in IFTA arbitration.
• Won dismissal of discrimination claim asserted under Uniformed Services Employment and Reemployment Rights Act (USERRA) against New York Health and Hospitals Corp. Woodard v. New York Health and Hospitals Corp., 2010 WL 2735757 (E.D.N.Y. July 9, 2010).
• Obtained judgment for full amount of client’s claim in dispute between producer and motion picture distribution company over adequacy of rights licensed by producer for exploitation in territories outside United States. Maple Pictures Corp. v. CPG, Inc., Case No. 2:10-cv-03508 AHM (RZx).
• Successfully represented recording artist in copyright litigation and in litigation against artist’s ex-manager and other advisors involving artist’s claims of fraud, breach of contract, breach of fiduciary duty and accounting claims resulting in multiple reported decisions. E.g., Joel v. Weber, 602 N.Y.S.2d 383 (1st Dep’t 1993); Joel v. Weber, 569 N.Y.S.2d 955 (1st Dep’t 1991).
• Won dismissal of claim that prominent fashion model tortiously interfered with contract between her husband and his ex-manager by prevailing on argument of “novel issue” that spouse is immune from claims of tortious interference with contract to which other spouse is a party. Weber v. Brinkley Joel, 581 N.Y.S.2d 579 (N.Y. Sup. Ct. 1992).
• Successfully represented record company and band against right of privacy and New York Civil Rights Law §51 claim based on use of plaintiff’s photograph on album cover, music video and merchandise, including winning two appellate decisions, one that determined that the plaintiff’s domicile determined the choice of law inquiry – and, thus, that New York statute favorable to plaintiff did not apply – and another that prevented plaintiff from refiling lawsuit in a different jurisdiction in order to again assert that New York Civil Rights Law §51 applied to his claim. DuBray v. Warner Bros. Records, Ltd., 653 N.Y.S.2d 592 (1st Dep’t 1997).
• Successfully handled multiple litigations for Apple Corps Ltd. involving trademark and copyright infringement of The Beatles’ intellectual property rights and the unauthorized use of their name and likeness.

Among the transactional matters Mr. Friedman has handled are the following:

• Representation of film production and distribution company in slate film financing totaling more than $200,000,000.
• Formation of motion picture production company and negotiation and preparation of related organizational and investment agreements.
• Representation of high end fashion company in connection with the negotiation and preparation of licensing agreements involving broad range of products.
• Representation of celebrity in connection with the negotiation and preparation of endorsement agreements.
• Representation of employer in the negotiation and preparation of employment agreements with President level, “C” level and other senior executives.

Education and Bar Admissions

Mr. Friedman graduated cum laude from the Georgetown University Law Center, where he was an editor of The Georgetown Law Journal. He received his undergraduate degree from the University of Pennsylvania, where he graduated cum laude with distinction in economics. He is admitted to practice in New York and California.