Katten’s Gail Migdal Title and David Halberstadter Named Among 100 Most Influential Attorneys in Entertainment by Hollywood Reporter
Katten Muchin Rosenman LLP is pleased to congratulate Gail Migdal Title, chair of the firm’s Entertainment and Media Litigation Practice and managing partner of its Los Angeles office, and David Halberstadter, a partner in its Entertainment and Media Litigation Practice, on their selection to The Hollywood Reporter’s list of the “100 Most Influential Attorneys in Entertainment.”
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Entertainment and Media
Katten has one of the nation’s premier, full-service entertainment and media practices, providing comprehensive domestic and international representation in the entertainment industry. Our entertainment and media attorneys consider themselves partners with clients from concept to completion. When litigation becomes necessary, we represent our clients aggressively and effectively, in matters involving intellectual property issues, contractual and business tort disputes and distribution rights issues, among others. We also provide representation to entrepreneurs in business and personal matters. Our entertainment attorneys pride themselves on providing cutting-edge, creative solutions to complicated problems.
Katten has one of the nation’s premier, full-service entertainment and media practices, providing comprehensive domestic and international representation in the entertainment industry. Our entertainment and media attorneys consider themselves partners with clients from concept to completion. When litigation becomes necessary, we represent our clients aggressively and effectively, in matters involving intellectual property issues, contractual and business tort disputes and distribution rights issues, among others. We also provide representation to entrepreneurs in business and personal matters. Our entertainment attorneys pride themselves on providing cutting-edge, creative solutions to complicated problems.
Who We Serve
We represent and advise the full spectrum of entertainment companies:
- Motion picture studios
- Television and cable networks
- Motion picture and television production companies
- Interactive game developers and publishers
- Print and electronic book publishers
- Online game companies
- Music companies
- Internet-based multimedia companies
- Cable and satellite-based content producers and distributors
- Communications providers
- New media and technology companies
- Investment banks
- Prominent investors
- Animation companies
- Licensing, merchandising and consumer products companies
Transactional Practice
Our transactional attorneys routinely handle entertainment and media transactions including the following:
- License, sale and distribution of media rights
- Acquisitions and dispositions of motion picture and television catalogs
- Trademark, copyright and name and likeness rights
- Television output agreements
- Motion picture and television distribution agreements
- Motion picture and television production agreements
- Domestic and international animation
- Domestic and international licensing and merchandising
- Motion picture and television acquisition and development agreements
We also provide support for a full range of transactions cutting across industry lines, from mergers and acquisitions and public and private offerings of debt and equity, to film financing and strategic alliances and joint ventures.
Litigation Practice
Our litigation attorneys have vast experience litigating and resolving a wide range of disputes in the motion picture, television and music industries, including the following:
- Profit participation disputes
- Idea submission and copyright infringement claims
- Claims respecting contract formation and interpretation involving complex motion picture and television agreements
- Acquisition, production and/or distribution of motion pictures and television series
- Valuation of motion pictures, television programs and studio libraries
- Trademark and other IP-related disputes
- Internet and e-commerce disputes
- Unfair competition claims
- Artist management disputes
- Music, motion picture and television piracy claims
- Employment disputes
Professionals
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Los Angeles
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Los Angeles
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Los Angeles
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New York
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Los Angeles
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Los Angeles
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Los Angeles
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Los Angeles
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Los Angeles
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Los Angeles
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Los Angeles
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Los Angeles
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Los Angeles
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Los Angeles
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August 9, 2010
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July 20, 2010
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May 5, 2010
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April 7, 2010
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August 5, 2009
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July 29, 2009
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June 12, 2009
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April 24, 2009
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January 5, 2009
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August 4, 2008
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August 1, 2008
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June 13, 2008
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October 31, 2007
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September 27, 2007
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June 15, 2007
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September 15, 2006
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June 7, 2006
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April 27, 2006
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March 2006
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October 18, 2005
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July 21, 2005
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February 16, 2005
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July 22, 2004
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June 2004
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April 26, 2004
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March 26, 2004
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February 6, 2004
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October 24, 2003
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October 24, 2003
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October 8, 2003
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August 29, 2003
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June 27, 2003
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May 30, 2003
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March/April 2003
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February 28, 2003
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January 9, 2003
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September 27, 2002
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August 23, 2002
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June 28, 2002
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February 26, 2002
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December 31, 2001
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February 23, 2001
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September 25, 2000
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April 20, 2010
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Presented by the Century City Bar Association
Los Angeles, California
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February 26, 2010
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Presented by the UCLA School of Law
Los Angeles, California
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Representative Entertainment Transactional Matters
- Represented one of the largest international creators and producers of entertainment brands in the world in a number of critical business transactions, including ongoing representation of the company in connection with its mega hit television series, the hugely successful charity episodes of the series, and an agreement with Disney for a theme park attraction based on the series. We also represent our client in connection with other television series and the syndication of a long-running successful game show, and represented the parent company in the acquisition of a maker of reality-based adventure programming.
- Represented a worldwide production and distribution company specializing in syndication, cable, network and VOD/pay-per-view and its founders in its sale to a major motion picture studio. We also represented the company in all of its critical business transactions during the last year, including a groundbreaking (both from a deal-making and a content perspective) television series, a new syndicated game show based on one of the most popular board games, the distribution of a variety of television series, and other development, distribution and production matters.
- Represented a diversified global media company that is one of the industry’s largest independent film, TV and digital studios in connection with motion picture and television financing, production and distribution transactions.
- Represented the entertainment and devices division of the largest multinational computer technology corporation on license agreements with major studios and networks and other content providers for the exploitation of motion pictures and television programs digitally by means of video-on-demand and electronic sell-through on their gaming mobile device platforms. Represented a cable television and direct broadcast satellite channel in numerous matters and transactions, including trademark registration and prosecution, and in its expansion into radio, advertising, Internet and other new media outlets through acquisitions and joint ventures.
- Represented a cable television and direct broadcast satellite channel in numerous matters and transactions, including trademark registration and prosecution, and in its expansion into radio, advertising, Internet and other new media outlets through acquisitions and joint ventures. Represent an animation studio that produces children’s animated television programs, from its formative stages to its branding, trademarks and copyrights, acquisitions and productions, employment matters, drafting and negotiating agreements, and advising on company issues related to the entertainment industry.
- Represent an animation studio that produces children’s animated television programs, from its formative stages to its branding, trademarks and copyrights, acquisitions and productions, employment matters, drafting and negotiating agreements, and advising on company issues related to the entertainment industry.
- Serve as outside counsel to a worldwide toy company on all matters regarding its ubiquitous worldwide toy franchise, including branding, trademarks and copyrights, intellectual property protection, television, motion picture, Internet, publishing, merchandising and licensing, employment and litigation matters, and drafting and negotiating agreements.
- Represented the creator and company of the top-selling DVD-based board game in connection with its worldwide distribution arrangements, its content aggregation program with the major studios, networks, sports leagues and other premium content owners, and the exploitation of ancillary rights in its intellectual property (including VOD and mobile).
- Represented an independent producer of motion pictures in connection with a $125 million slate financing involving separate senior and subordinated debt facilities. We have also advised borrowers and investors in connection with their evaluation of proposals for slate financings, and represented both borrowers and lenders in production and print and advertising financings for various motion pictures.
- Represented a major money center bank in the structuring and execution of a complex motion picture production financing partially backed by state tax credits.
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Representative Entertainment Litigation Matters
- Equal Employment Opportunity Commission v. Universal Pictures, et al.— Represented Universal against the EEOC, which brought suit against the studio alleging racial discrimination in the termination of a first assistant director during the production of Too Fast Too Furious. Litigation proceeded to trial in June 2007. Judgment was entered in favor of Universal. The court vindicated the client on allegations of racial discrimination. The judgment became final in 2008 after the government voluntarily dismissed its appeal.
- Kevin Sorbo, et al. v. Universal City Studios, LLP— Complex profit participation and fraud action involving several hundred million dollars in claims brought against our client by actor Kevin Sorbo in connection with the popular TV series Hercules. The court dismissed Sorbo’s fraud claims on demurrer and all 24 claims for breach of contract on summary judgment. In April 2009, after more than five years of litigation, the California Court of Appeal affirmed in full the judgment in favor of Universal.
- Scottish American Media, LLC and Maurice Fraser v. Reveille, LLC, et al.— Idea submission case alleging that the defendants improperly used plaintiffs’ ideas in developing a song-contest reality television show. In April 2009, the California Court of Appeal affirmed in full the trial court’s grant of summary judgment in favor of our clients.
- Todd Camhe, et al. v. Dreamworks LLC— Copyright infringement and idea theft case alleging that DreamWorks improperly used plaintiffs’ works about Las Vegas in connection with the television series Las Vegas. In May 2009 we obtained dismissal of this action on summary judgment. The firm also prevailed in a prior case involving the Las Vegas series brought by a different claimant.
- Livia Milano v. NBC Universal, Inc., et al.— In 2006, the plaintiff filed a claim for copyright infringement against our clients Reveille, NBC Universal and producer Ben Silverman, alleging that the show The Biggest Loser infringes on her treatment for a reality television show in which overweight people compete to lose the most weight. In July 2008 we obtained dismissal of this action on summary judgment. This litigation is one of three intellectual property cases that we have handled regarding The Biggest Loser.
- Slash, Duff and Guns N’ Roses Partnership vs. Sanctuary Music Group, Bravado Merchandising, Axl Rose, et al.— Represented legendary recording artists Slash and Duff along with the Guns N’ Roses Partnership in an action for trademark infringement against the unauthorized seller of “Historic Guns N’ Roses” merchandise using the classic artwork and logos from the original band that existed until 1995. The case, which was pending in federal district court in Los Angeles, also included longstanding and complex disputes with former band front man Axl Rose relating to ownership and control over the legacy Guns N’ Roses partnership assets, settled with our clients being compensated for the use of their marks.
- Ram Ben Efraim v. Universal City Studios, et al. and Don Enright, et al. v. Universal City Studios, Inc.— Multiple actions challenging accountings and distribution practices in connection with the motion picture Private School. We obtained dismissals of all the actions brought against our clients, as well as monetary judgments in favor of our clients. Several of these favorable outcomes have been affirmed on appeal and we are currently representing our clients in the remaining appeals.
- Represented the creator of the animated television series SpongeBob SquarePants in connection with claims of copyright infringement filed by the author of a purportedly similar character.
- Represented an entertainment studio with a financial interest in the motion picture Watchmen, which was the subject of pre-release litigation between two other motion picture studios.
- MPAA v. The Weinstein Company LLC (“TWC”)— The MPAA, through its film ratings arm, CARA (the Classification and Rating Administration), accorded an NC-17 rating to the motion picture Zack and Miri Make a Porno. Despite efforts to change the rating by editing and resubmitting the motion picture, CARA retained the NC-17 rating. Under the appeal procedures available to challenge ratings, we, with the participation of the film’s director in the appeal and reference to other motion pictures receiving R ratings successfully persuaded the appellate panel to strike the NC-17 rating and permit the movie to be released under the R rating.
- Azita Zendel vs. The Weinstein Company— We successfully defended The Weinstein Company in two Motion Picture Association Title Registration Bureau arbitrations concerning its October 2007 release of the critically acclaimed motion picture Control, a biopic about the life and tragic suicide of Ian Curtis, lead singer of the late-70s band Joy Division. The claimant sought to enjoin the theatrical release of the picture and our client’s use of the film’s title, alleging that the release would cause confusion with the film entitled Controlled Chaos. Our client’s rights to release the picture and use of the title were affirmed in an initial arbitration, and subsequently by an appellate panel.
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