Alan Friel is a partner in the Intellectual Property Department of Edwards Wildman and Chairs the Media and Technology Licensing & Transactions practice. He is a thought leader regarding convergence legal issues - the property, liability and regulatory implications at the evolving intersections between media, marketing, technology, distribution, commerce, privacy and communication brought about by the ongoing digital revolution. He also regularly addresses complex intellectual property and business issues for a broad range of traditional industries, including research and development, licensing, financing, acquisitions, distribution, sales representative relationships, manufacturing, outsourcing, labeling, warranty matters and joint ventures.
A sought-after speaker and counselor regarding practical application of substantive legal issues, Mr. Friel is most proud of his long affiliation as an Assistant Professor in a multi-disciplinary project at the Graduate School of TV, Film and Digital Media at UCLA where he helps groom the next generation of new media lawyers, executives and creatives. Mr. Friel has been contributing to the development of the legal and business paradigms of cyberspace since the days of CD-Rom and bulletin board services. He negotiated the first experimental Internet production agreements with traditional Hollywood talent unions - SAG, DGA and WGA - in the 1990s.
Mr. Friel continues to be on the cutting edge of emerging media, crafting alliances between TV producers and distributors and online services and between big brands and social game publishers and "app" developers, as examples. From major acquisitions to specific campaigns and basic online or mobile presence, Mr. Friel brings the experience and foresight necessary to help companies and entrepreneurs navigate the compelling, but complex, opportunities disruptive technology creates. His clients include both established and emerging companies. Mr Friel is AV® Preeminent™ 5.0 out of 5 Peer Review Rated by Martindale-Hubbell.
Notable Experience
· Counsels clients on the privacy, data security, technology, regulatory and intellectual property implications of using mobile, social and digital media. As these mediums become more integrated into marketing initiatives, the company may not be aware of the legal implications at great risk to their assets and goodwill and too often resulting in FTC and AG actions or class action lawsuits.
· Extensive experience in matters relating to live action and animation television and theatrical motion picture development, production and distribution.
· Negotiates branded entertainment and product placement and integration agreements.
· Represents clients regarding (online and offline) advertising, marketing, sponsorship and promotions.
· Drafts and negotiates licensing agreements and other intellectual property transactions.
· Addresses interactive game, digital, software and other technology matters.
· Structures research and development, manufacturing, distribution and sales arrangements.
· Advises on financing and acquisition arrangements.
Recent Speaking Engagements and Publications
· Speaker, "Cloud Computing: Exploring the Opportunities and Overcoming the Challenges," COMPTEL PLUS Spring 2012 Convention & EXPO, San Francisco, April 15-18, 2012.
· Speaker, "Privacy Update," Practising Law Institute's Innovations in Apps, E-books, Cybersecurity, Mobile Technology, Privacy and Social Media Seminar, San Francisco, California, April 3-4, 2012.
· Speaker, "Proposed Changes to COPPA: Where Are We Now?," CARU, Children's Advertising and Online Privacy - West Coast Conference, April 3, 2012.
· Speaker, "Balancing Creativity, Consumerism, and Privacy: Protecting Consumers in the World of Social Media and the Internet," Metamorphosis: How Technology is Reshaping Entertainment, The 2012 Entertainment Law Conference, March 31, 2012.
· Speaker, "Designing Privacy into Online Products," InfoRisk Today Podcast, March 27, 2012.
· Co-Author, "California and White House Privacy Announcements Usher in New Era for Consumer Data Privacy - Mobile and Targeting Are Reform Priorities," Edwards Wildman Palmer LLP Client Advisory, March 2012.
· Author, "Managing Risk from Advertising and Sales Promotions," Intellectual Property & Technology Law Journal, Volume 24, Number 2, February 2012.
· Co-Author, "10 Things You Can Do When Advertising & Selling In The Digtal Age To Stay On The Right Side Of The Law And Maintain Consumer Gooodwill," Entertainment & Intellectual Property Law Journal, Volume 2, Number 1, February 2012.
· Co-Author, "Advance to State Court: Class Action Lawsuit Filed over McDonald's Monopoly Sweepstakes Promotion For Failure to Include Abbreviated Rules," Edwards Wildman Palmer LLP Client Advisory, January 2012.
· Co-Author, "Oft-ignored California Law Spawns New Batch of Class Actions - Companies Dealing with California Consumer Data Need to Audit Practices and Policies," Edwards Wildman Palmer LLP Client Advisory, January 2012.
· Co-Author, "Image Hosting Service Wins Summary Judgment in Copyright Suit - Lessons For Online Service Providers and Content Owners on the DMCA Safe Harbor," Edwards Wildman Palmer LLP Client Advisory, January 2012.
· Co-Author, "Class Action Lawyers 'Like' Facebook Decision, which Impacts Media Advertising," Edwards Wildman Palmer LLP Client Advisory, January 2012.
· Co-Author, "Right-of-Publicity Claims and Advertiser Sponsored User-Generated Content Campaigns Limitations of CDA Immunity and the Risk of Claims," e-Commerce Law & Strategy, January 2012.
· Author, "Digital Media - Use With Caution; Advances in Technology Take Advertising to a New Level, but Not Following Well-Established Protocol May Lead to Legal Trouble," The Reporter, December 19, 2011.
· Co-Author, "Take Heed: Facebook and Google Buzz's Privacy Settlements With FTC Reinforce Need to Audit Privacy Practices and Revisit Statements and Policies," Edwards Wildman Palmer LLP Client Advisory, December 2011.
· Speaker, "Social Media for Business: Boon or Bane?," The Knowledge Congress Webcast Series, December 6, 2011.
· Co-Author, "Managing Risk in the Regulatory Environment," World Trademark Review Magazine, December/January 2012.
· Speaker, "Regulation and Self-Regulation of Mobile Marketing and Privacy," Law of the Smart Phone Conference, Costa Mesa, CA, November 4, 2011.
· Author, "Q&A With Edwards Wildman's Alan Friel," Law360, October 12, 2011.
· Speaker, "Spotlight on the FTC: COPPA Rule Update and Beyond," BBB's Children's Advertising Review Unit Annual Conference, October 5, 2011.
· Speaker, "Social Media & the Law -- Advertising; SPAM; and Privacy and Data Security Issues," New York Bar Association Seasonal Meeting, September 22, 2011.
· Speaker, "Behavioral Advertising and Targeting in Social Media," Law Seminars International Social Media Law Conference, September 8, 2011.
· Author, "Bask in the Light of Stars Without Paying Them, and You Might Get Burned," Bloomberg Law Reports - Intellectual Property, August 8, 2011. The article also appeared in the August 8, 2011 editions of Bloomberg Law Reports - Technology Law and Bloomberg Law Reports - Litigation.
· Speaker, "We Know Where You've Been: Emerging Rules in Online Behavioral Advertising," Twelfth Annual Privacy and Data Security Law Institute, May 2011.
· Speaker, "Social Media and the Law: Less Hype, More Guidance," presented by the Los Angeles Bar Association, May 19, 2011.
· Speaker, "Spotlight on the FTC - Recent Enforcement Actions, Changes to the Rule, and the Safe Harbor Program," CARU's Children's Advertising & Online Privacy Summit, May 18, 2011.
· Co-Author, "Online Behavioral Advertising Litigation and Proposed Legislation: Lessons for Online Publishers and Advertisers," M/E Insights, Winter/Spring 2011.
· Co-author, "Federal Scrutiny of Evolving Media Practices Continues to Evolve," Client Bulletin, March 23, 2011, republished by Association of Corporate Counsel Lexology March 25, 2011.
· Instructor, UCLA, Graduate School of Television, Film and Digital Media, Assistant Professor 1996-2010 courses include "The Legal and Business Aspect of the Entertainment and Media Industries," "New and Convergence Media," "Negotiation Theory and Practice" and "Trends in Television and Emergence of Multiplatform and Evolving Media."
· Presenter and speaker, "Digital Marketing Legal Clinic," Promax BDA: Annual Conference. 2003-2010, Los Angeles, CA.
· Author, "Mobile Sweeps Promos Left in Limbo by Federal Courts - Mitigating Risks Is Crucial for Marketers", Landslide, January/February 2011
· Speaker, "Regulatory Initiatives for Social Media," Law Seminars International - Social Media Law, Seattle, WA, October, 28, 2010.
· Speaker, "Drafting the Next New Media Contract," Digital Hollywood 2010, Santa Monica, CA, October 20, 2010.
· Speaker, "Kids Are 'Virtually' Everywhere," CARU Annual Conference 2010: Advertising To Kids 3.0, New York, NY, October 6, 2010.
· Speaker, "Creating a CARU Compliant Children's Promotion," American Conference Institute 4th Annual Focus on Sweepstakes, Contests & Promotions, New York, NY, September 24, 2010.
· Speaker, "Social Media Technology Boot Camp: Understanding the Technology Behind the Platforms," American Conference Institute 4th Annual Focus on Sweepstakes, Contests & Promotions, New York, NY, September 23, 2010.
· Moderator, "Social Media Law Roundtable," ABA Section of Intellectual Property Law Special Committee on Promotion & Marketing Law, Los Angeles, CA, September 21, 2010.
· Speaker, "Regulatory Initiatives for Social Media," Law Seminars International - Social Media Law, Seattle, WA, September 9, 2010.
· Co-Author, "Key Considerations for Industry in Wake of the Boucher Online Privacy Bill," Corporate Counsel, July 27, 2010.
· Speaker, "Legal Matters," Scion Musicless Music Conference, Los Angeles, CA, June 18, 2010.
· Speaker, "Evolving Media Marketing Issues," Fox Group Legal Department, Los Angeles, CA, June 11, 2010.
· Co-Author, "Long Awaited YouTube Decision Broadly Interprets Safe Harbor to UGC Websites," Client Bulletin, June 2010.
· Author, "Growing Promotional Use of Social Media in the Government's Crosshairs: The New FTC Guidelines," AMEC M/E Insights, Winter 2009-2010.
· Speaker, "Who Let the Fans In?: 'Next-Gen Digi-Marketing,'" TRANSMEDIA, HOLLYWOOD: S/Telling the Story, a UCLA/USC Industry Symposium, March 2010.
· Co-Author, "New Massachusetts Data Security Regulations Take Effect March 1, 2010," Client Bulletin, February 2009.
· Instructor, "State of Evolving Media: Business & Marketing Issues in the Digital Realm," United Talent Agency, in-house presentation, December 10, 2009.
· Author, "Navigating FTC's Guidance on Social Media Marketing," AdWeek, November 2009.
· Author, "The FTC'S New Endorsement Guides Call For Policies and Procedures for Recommendation Marketing Through Evolving Social Media Channels By December 2009 and Make Companies and Consumers Responsible for the Content of Sponsored Posts," American Lawyer Media's Internet Law & Strategy, November 2009.
· Speaker, "Video Games Marketing and Brand Integration," PMA Promotion Marketing Law Conference, November 5-6, 2009.
· Author, "Recommendation Marketing Through Evolving Social Media Channels and the FTC's Proposed Endorsement Guides," American Lawyer Media's e-Commerce Law & Strategy, October 2009.
· Speaker, "Annual Advertising Law Seminar," The Association of Media and Entertainment and Counsel, October 29, 2009.
· Instructor, "Characters and Superheroes in Evolving Media," Sony Pictures Entertainment, in-house training for legal department, October 23, 2009.
· Speaker, "Social Media Outreach & Digital WOM Marketing Strategies," Direct Marketing Association 2009 Annual Conference, San Diego, CA, October 21, 2009.
· Speaker, "The Law of Marketing and Promotions," Powering Up for the Future: LAPA's 33rd Annual Conference, October 17, 2009.
· Speaker, "Digital Playground: COPPA, CARU & Kids and Evolving Media," Children's Advertising Review Unit Conference, October 7, 2009.
· Speaker, "Approaching Web and Mobile 3.0: IP Issues with Digital Advertising and Marketing," California State Bar Intellectual Property Conference, June 25, 2009.
· Co-Author, "So You Want to Run a Promotion?" Corporate Counselor, Spring 2009.
· Speaker, "Doing Business in the U.S.," What To Expect At NAB 2009 Webinar, April 6, 2009.
· Speaker, "Hollywood and Madison Avenue Discover Massively Multiplayer Online Games (MMOG) and Virtual Worlds," Game Developers Conference 2009, San Francisco, CA, March 27, 2009.
· Co-Author, "Evolving Media Tools Require Companies to Navigate Changing Waters," Los Angeles Daily Journal, March 17, 2009; reprinted in AMEC M/E Insights, Summer 2009.
· Co-Author, "As Technologies Evolve, Websites Play Compliance Catch-up," Los Angeles Daily Journal, March 10, 2009; reprinted in AMEC M/E Insights, Summer 2009.
· Speaker, "Approaching Web and Mobile 3.0: the Evolution of Digital Marketing," MediaMorphosis 2009, Beverly Hills, CA, February 3, 2009.
· Speaker, "Evolving Media Legal Trends," Fox Television Studios Legal Department, Los Angeles, CA, January 21, 2009.
· Speaker, "January 2009 Privacy Update," ABA Section of Antitrust Law - The Privacy and Information Security, Corporate Counseling and Computer Industry & Internet Committees, January 13, 2009.
· Co-Author, "A Game Changer," Los Angeles Daily Journal, November 5, 2008.
· Co-Author, "Spamalot No More - The Federal Trade Commission Has Issued Its Final Rule on CAN-SPAM," Marketing Management, September/October 2008.
· Instructor, "Hot and Emerging Legal Issues" Mattel, Inc., in-house clinical for Legal Department, El Segundo, California, August 21, 2008.
· Speaker, "Cross Platform - Integrating Content, Advertising and Sales," Entertainment Industry Conference, Beverly Hills, CA, June 18, 2008.
· Speaker, "Digital Marketing Practices Implementation and Legal Compliance," Direct Marketing Association DM Days New York Conference & Expo, New York, NY, June 10-12, 2008.
· Instructor, "Our Content, Their Content - Yahoo! Editor Guidelines," Yahoo! In-house training, Santa Monica, CA, June 10, 2008.
· Speaker, "Where Is Technology Headed Next And What Is The Future?" e-havioral, Peer to Peer and New Media Marketing Conference, Law Seminars International, Seattle, WA, June 2-3, 2008.
· Speaker, "Avoiding Third-Party Liability While Continuing to Reap the Benefits of User-Generated Content and Social Networking Sites," Advertising Law XXI, American Conference Institute, Las Vegas, Nevada, May 28-29, 2008.
· Co-Author, "Friel and Meyer on User-Generated Content in the Web 2.0 Era: The Potential DMCA Safe Harbor," LexisNexis, April 16, 2008.
· Author, "No Purchase Necessary - Sweepstakes and Contests have become mainstays of the marketing arsenal, but they create legal issues for promoters," Marketing Management, published by the American Marketing Association, March/April 2008.
· Speaker, "A Rockin Roller Coaster: Copyright in an Internet Age," Northeastern University School of Law Intellectual Property Symposium, Boston, Massachusetts, March 29, 2008.
· Author, "New Eco-Regs - The FTC Considers Revising Environmental Marketing Rules," Promo Magazine, March 2008.
· Speaker, "Grokster on Remand: The Implications to Peer-to-Peer and Social Networks," West Legalworks webinar, January 29, 2008.
· Speaker, "Web 2.0: Social Networking, User Generated Content and Digital Advertising - Evolving Legal Issues," Association of Media and Entertainment Counsel, Los Angeles, California, December 14, 2007 (also presented as an in-house clinical to multiple clients)
· Author, Book Chapter, "Legal and Business Affairs Counsel with Respect to Convergence Media," Entertainment and Media Law Strategies, published by Aspatore Books, 2007.
· Speaker, "Social Networking and User-Generated Content," iHollywood Forums, Los Angeles, California, December 12, 2007.
· Author, "Eco-Marketing On The Rise and Under Review," & Speaker, "I Love Green: Producing Content and Selling Advertising for Cable," Hollywood Goes Green Conference, Los Angeles, California, December 11, 2007.
· Author, "Harnessing Creativity or Creating Liability?," Internet Law & Strategy Part 1 (Using User Generated Content and Engaging Users in Promotional Activities) November 2007, Part II (Online Sweepstakes and Contests) December 2007, (also published in e-Commerce Law & Strategy, December 2007) and Part III (Online Agreements, Privacy Policies, Use of Third Party Sites, E-Mail and Children's Issues As Related to Online Promotions) January 2008.
· Author, "Hollywood's New Idea Factories: How Advertisers and Their Agencies Work," Branded Entertainment, A Roundtable Edition of the Association of Media & Entertainment Counsel Magazine, Winter/Spring 2007.
· Author, "Coordinating the Roles and Responsibilities of Companies and Their Advertising, Marketing, Promotional and Interactive Media Agencies," Los Angeles Business Journal, April 2007.
· Speaker, "Web 2.0: Social Networking, User Generated Content and Digital Advertising - Evolving Legal Issues," New York State Bar Association Entertainment Arts and Sports Law Section, New York, New York, November 16, 2007. (also presented as an in-house clinical to multiple clients)
· Speaker, "Emerging Social Networking, Consumer Recommendation and User Generated Content Issues," Advertisers' & Marketers' Regulatory Summit, American Conference Institute, San Francisco, California, September 18-19, 2007. (also presented as in-house clinical to multiple clients)
· Speaker, "Branded Entertainment As An Alternative Means of Advertising," 19th Annual National Forum on Advertising Law, American Conference Institute, June 2007.
· Instructor, "e-Marketing, Online and Privacy Law Update," Mattel, Inc., in-house clinical for Legal Department, El Segundo, California, April 26, 2007.
· Speaker, "Legal Issues Relating To Massive Multiplayer Online Games," Gamer Technology Law Conference, Law Seminars International, March 2007.
· Author, "Is Your Web Site COPPA Compliant?", Internet Law and Strategy, January 2007.
· Author, "Privacy Policies," Daily Journal, December 13, 2006.
· Instructor, "Negotiation Theory and Practice," ABC Disney Cable Group in-house training for Business and Legal Affairs Group, April 2006.
· Author, "The New Spamscape: FTC proposals might continue to change the rules on spam," Marketing Management, January/February 2006.
· Author, "The Spam Spat: How will marketers be affected by the fight against spam?" Marketing Management, May/June 2005.
· Instructor, "Online Legal Issues Overview," Paramount (Studios) Digital Entertainment in-house training for key management, June 2005.
· Instructor, "Advertising, Online and Privacy Law Update," Sprint/Nextel in-house training for Legal Department, Corporate Headquarters, Reston, Virginia, June 2005.
· Speaker, "Rules of the Game," Kaye Scholer's Interactive Entertainment Seminar, Los Angeles, California, March 2005.
· Instructor, "Gaming Online and Technology Issues," Disney Internet Group, in-house training for Business and Legal Affairs, March 2005.
· Instructor, "Corporate Governance Issues for Entertainment Companies," Dreamworks in-house training for legal department, January 27, 2005.
· Author, "Privacy Patchwork: The 'Anything Goes' Frontier is Becoming More Regulated," Marketing Management, November/December 2004.
· Speaker, "Film and TV Tax Credits," Louisiana Cultural Economy Initiative Conference, December 2004.
· Instructor, "Cyberlaw 101 - What You Need to Know to Avoid Common Legal Pitfalls of Publishing, Selling and Marketing on the Internet," Mattel, Inc. in-house training for Legal Department, El Segundo, California, 2004.
· Speaker, "Acquiring Intellectual Property and Intellectual Property Companies," New York State Bar Association Entertainment Arts and Sports Law Section, New York, New York 2003. (also presented as an in-house clinical to multiple clients)
· Speaker, "Where Success Lies...Now and in the Future," Interactive Marketing Conference, Digital Media Wire, October 2002.
· Speaker, "Distribution of Content in the New Millennium," 24th Annual UCLA Entertainment Law Symposium, e-Hollywood, February 5, 2000.
News & Publications
March 30, 2012, Client Advisory - FCC Announces Effective Date of Closed Captioning Rules for IP-Delivered Programming
March 2012, Client Advisory - California and White House Privacy Announcements Usher in New Era for Consumer Data Privacy - Mobile and Targeting Are Reform Priorities
An Edwards Wildman Privacy & Data Protection Client Advisory
February 2012, Client Advisory - 10 Things You Can Do When Advertising & Selling in the Digital Age to Stay on the Right Side of the Law and Maintain Consumer Goodwill
This article originally appeared in the Entertainment & Intellectual Property Law Journal, February 2012
January 31, 2012, Client Advisory - FCC Adopts Closed Captioning Rules for IP-Delivered Programming
January 2012, Client Advisory - Oft-ignored California Law Spawns New Batch of Class Actions - Companies Dealing with California Consumer Data Need to Audit Practices and Policies
An Edwards Wildman Privacy & Data Protection Client Advisory
January 2012, Client Advisory - Image Hosting Service Wins Summary Judgment in Copyright Suit - Lessons For Online Service Providers and Content Owners on the DMCA Safe Harbor
January 2012, Client Advisory - Advance to State Court: Class Action Lawsuit Filed over McDonald's Monopoly Sweepstakes Promotion For Failure to Include Abbreviated Rules
January 2012, Client Advisory - Class Action Lawyers "LIKE" Facebook Decision, which Impacts Social Media Advertising
December 2011, Client Advisory - Take Heed: Facebook and Google Buzz's Privacy Settlements With FTC Reinforce Need to Audit Privacy Practices and Revisit Statements and Policies
An Edwards Wildman Privacy & Data Protection Client Advisory
December 1, 2011, World Trademark Review Publishes Alan Friel and Rory Radding's Article on Regulatory Risk
October 14, 2011, Alan Friel Profiled in Q&A Article in Law360
September 21, 2011, Settlement of the "American Idol" and "Deal or No Deal" California Class Action Litigation Nets Jackpot For Plaintiffs' Lawyers But Fails To Settle Open Issues of Law
March 25, 2011, Federal Scrutiny of Evolving Media Practices
June 29, 2010, Long Awaited YouTube Decision Broadly Interprets Safe Harbor to UGC Websites
Besides Edwards Wildman
Mr. Friel is a proud parent of a tween daughter, Sydney, who is an avid swimmer and serves as a resource to him regarding Millennials' adoption of emerging technology. He lives in Beverly Hills and is active in community and charitable organizations.
Events
April 15-18, 2012, San Francisco, CA, COMPTEL PLUS Spring 2012 Convention & EXPO
April 3-4, 2012, San Francisco, CA, Innovations in Apps, E-books, Cybersecurity, Mobile Technology, Privacy and Social Media
December 6, 2011, Social Media for Business: Boon or Bane?
Industries
· Broadcasting
· Technology
· Entertainment: Development, Production, Financing & Distribution
· Gaming
Memberships
· State Bar of California
· New York Bar Association
· American Bar Association (Sections: Entertainment, Intellectual Property, and Advertising and Promotions, Privacy, Internet and Computer Industry sub-committees)
· International Association of Privacy Professionals (IAPP), Certified Privacy Professional
· Advisory Board, Children's Advertising Review Unit (CARU)
· Association of Media and Entertainment Counsel, Chair Emeritus Law Firm Advisory Board
· Promax/BDA (Promotions and Marketing Professionals), Special Counsel
· Association of Electronic Interactive Marketers, Special Counsel
· Board of Editors of the Internet Law and Strategy and e-Commerce Law & Strategy, each publications of American Lawyer Media.
· Assistant Professor, UCLA School of Film, Television and Digital Media
· Legal Advisory Board, UCLA School of Film, Television and Digital Media
· Promotional Marketing Association (PMA)
· Zocalo Public Square, Ex officio Board Member