Davis & Gilbert LLP

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Entertainment, Media & Publishing

Davis & Gilbert’s 100-year history is rooted in working with creators and distributors of creative content in virtually every medium and those financing these activities. As today’s media industries converge and technology continues to create new outlets, no law firm is better positioned to guide clients through the evolving laws, business practices and regulatory scrutiny seeking to keep pace with these developments. We help clients achieve their business objectives by resolving issues they face – both old and new – in the financing, development, production and distribution of motion picture, television, cable, radio, music, publishing, Internet and other interactive content around the world.

THE DAVIS & GILBERT ADVANTAGE
As industry evolutions occur, we are at the forefront to assess and address new issues in the areas of entertainment, media and publishing law. Regulators and professional groups frequently call upon us to provide insight and guidance on new industry developments. We have the unique ability to help our clients capitalize on new opportunities by determining what strategies will be permissible in the future, given increased FCC and FTC scrutiny. Clients also have the distinct benefit of the firm’s expertise in the areas of intellectual property, libel, privacy, right to publicity and the First Amendment.

MOTION PICTURES, TELEVISION AND RADIO
Our clients represent a “who’s who” in these industries and include major motion picture studios, television and cable networks, individual artists and professional sports leagues. They seek our advice and representation on all aspects of matters including financing, production and development arrangements, talent agreements, affiliate relations, distribution and syndication issues, new technology considerations, brand integration strategies, live televised performances, reality TV and documentary productions, and satellite radio concerns.

MUSIC
We represent diverse clients in all aspects of the rapidly changing music industry with a special understanding of new technology implications. Our expertise includes all matters ranging from music licensing, concert and tour sponsorship arrangements and performance rights, to issues involving ring tone and music downloads to wireless devices, digital audio and union related concerns.

PUBLISHING
Our publishing clients include the leading book, magazine and newsletter publishers, book clubs and high-profile authors. Our representation involves First Amendment and communications law issues and extends to every aspect of the industry, as we conduct pre-publication reviews and advise on individual publishing agreements to major industry mergers.

BRANDED ENTERTAINMENT
We work with high-profile brands, advertisers, agencies and entertainment providers to develop, structure and negotiate cutting-edge product placement and other strategies designed to “activate” consumers. Davis & Gilbert attorneys represent clients from all vantage points in these complex arrangements – from those seeking to place products to those providing the opportunity – as we secure future rights for our clients to use the product beyond the scope of any specific agreement. We advise clients on communications strategies relating to their branded entertainment efforts and counsel industry leaders in innovations related to publishing, movies, reality shows, “showmercials,” podcasts, satellite radio and handheld game systems.

DIGITAL MEDIA
Digital media and interactive entertainment, with their blend of technology, entertainment, vibrant story-telling, music, and striking visual art are unique because these businesses require an equal appreciation and protection of both technical and artistic creativity. The digital media and interactive entertainment industries needs to be represented by counsel who possess a great depth of experience and who also have diverse backgrounds to fully understand the industry and what drives its success.

REPRESENTATIVE ENGAGEMENTS

MOTION PICTURES, TELEVISION AND RADIO

Beginning with our early involvement in radio serials, Davis & Gilbert has provided counsel over the decades to our clients in the full spectrum of issues they face in the financing, development, production and distribution of motion picture, television and radio content. Our clients in this area include: Discovery Communications, XM Satellite Radio, Twentieth Century Fox, Warner Brothers, Miramax, Lucasfilm Ltd., Paramount Pictures Corp., Oxygen Media, Cablevision Systems, Procter & Gamble Productions, Inc., Hamilton Projects, Inc., King World Productions, Inc., NFL Properties, NFL Films, ImaginAsian Entertainment, Harpo Productions, Al Pacino, Robert Redford, Spike Lee and others. Below are a few of the recent and/or notable projects in which we have advised and assisted our clients:

  • We represent Discovery Communications in all aspects of the financing, development, production and global distribution of many of its premier programs, including Golden Mummy Tomb Live, Monster Garage, and Dragon's World, for all of its networks, including Discovery Channel, TLC, Animal Planet, Planet Green, Discovery Health Channel, Investigation Discovery, Discovery Kids, Discovery HD Theater, and FitTV in North America, as well as its international networks, including its global Discovery Channels and People + Arts Network.
     
  • We advised Heineken USA on the development, creation, production and distribution of the Spanish language sports awards show Premios Deportes, including the negotiation of all production-related agreements; the network broadcast agreement with Univision networks and all aspects of the voting and awards.
     
  • We represented Alpha Media Group, Inc., the owner of Maxim and Blender Magazines, on negotiating and drafting an agreement with Sirius Satellite Radio for the creation, production, and broadcast of a Maxim-branded satellite radio channel on Sirius. We also handled the trademark licensing, radio programming and production, and advertising revenue issues for this project.
     
  • We represent The Kaplan Thaler Group, Ltd, one of the top advertising agencies owned by the French advertising media communications holding company, Publicis Group, in all of its entertainment endeavors, including representing company principal, Linda Kaplan Thaler, in her contract negotiations with Mark Burnett and CBS involving the hiring of Ms. Kaplan as host of the new CBS television program "Jingles."
     
  • We advise Travel Channel LLC on production, financing, and programming distribution as well as talent agreements and issues, including such signature programming Bizarre Foods, The Feasty Boys and Ghost Adventures.
     
  • We advise ImaginAsian Television, the premier English language network in the United States serving audiences of Asian heritage, on production and distribution matters.
     
  • We represent TeleNext and Sycamore Productions, producers of the annual People's Choice Awards. In addition to advising our clients on the production, distribution and voting issues for this awards program, we advised them in the specific implications of the WGA strike and contingency planning strategies.
     
  • We represented Al Pacino and Chal Productions in a unique financing and distribution arrangement with Twentieth Century Fox distribution of Mr. Pacino's critically acclaimed films, Chinese Coffee, The Local Stigmatic and Looking for Richard
     
  • We assisted in the formation of MindShare Entertainment and helped negotiate its groundbreaking joint arrangement with ABC for the production of brand-integrated programming. Davis & Gilbert also represented MindShare in all aspects of the financing, production and distribution, including Canadian tax-credit financing for the series and brand integration for Sears, Unilever and Domino's Pizza, among others.
     
  • We represented legendary radio broadcaster Don Imus in connection with his departure from WFAN radio and MSNBC television. Following the successful resolution of that matter, we negotiated new agreements with WABC and Citidal Broadcasting for radio distribution and RFD-TV for television simulcast of Mr. Imus' program.
     
  • We advised XM Satellite Radio on its groundbreaking talent agreement with Opie and Anthony.
     
  • We represented theatrical producer, The Culture Project, in the production of the 2005 Court TV movie, The Exonerated, based on the critically-acclaimed stage play of the same name.
     
  • We advised NFL Films and NFL Properties on the production of an inaugural NFL Kickoff concert in Times Square featuring performances by Bon Jovi and others.
     
  • We advised NIKE/Wieden + Kennedy on the financing and production of two reality-based programs, Sneakerheads and Battlegrounds.

MUSIC

Davis & Gilbert's attorneys have advised clients in all aspects of the rapidly changing music industry, from complex corporate transactions to performing rights issues to digital downloads and transmissions, melding knowledge of emerging and new technologies with a deep understanding of the historical practices and structure of the business. Our clients in this area have included: Arista Records, NFL Properties, XM Satellite Radio, musicmaker.com, Discovery Communications, Mambo Music, Rocket Music and others. A few of the recent and/or notable projects in which our attorneys have advised and assisted clients are listed below:

  • We advise and represent Rhino Music in all matterse of record promotion and marketing issues, including new releases of major albums.
     
  • We represent Ogilvy & Mather, owned by the WPP Group, most recently during a complex music deal involving a cross promotion with the music production company and the band, Beacon Street, handling all of the negotiations for Ogilvy and its client, BP Amoco, including the drafting of various music agreements involving the distribution and sale of the music across various multi-media platforms.
     
  • We represent Elias, one of the industry's top music houses, on contract negotiation and drafting, and copyright analysis of musical compositions.
     
  • We represent and advise XM Radio on various issues relating to its ability to market, promote and sell itself, as well as certain key copyright issues relating to its core products. We are currently advising on talent union issues with respect to certain talent used in marketing materials.
     
  • We advised Discovery Communications in negotiations with Sony BMG regarding soundtracks for such Discovery Kids series as Darcy's Wild Life.
     
  • We advised NFL Properties in the licensing of its storied music library to Cherry Hill Music.
     
  • We advised XM Satellite Radio, the National Football League and others on the union and performing rights society implications of repurposing music and other content on digital audio services.
     
  • We advised Verizon Wireless on the intellectual property implications of ringtone and other music downloads to wireless storage devises under the Digital Millennium Copyright Act.
     
  • We advised sponsors such as Verizon Wireless, Compaq and others on concert tour sponsorship and music licensing agreements with such artists as Sting.

PUBLISHING

Like much of our work in the entertainment and media industries, the work of Davis & Gilbert's attorneys in publishing has spanned virtually every aspect of this sprawling industry. Our services in publishing have ranged from advice and negotiation of individual publishing agreements to advising on the merger of the Penguin and Putnam publishing houses. Our clients include: Time, Inc., Random House, Simon & Schuster, Scholastic Penguin-Putnam Books, New York Sun, Farrar, Nancy Reagan, and aus & Giroux, Alfred A. Knopf, Pantheon, Ballantine Books, Grove Press, Readers Digest Association, Meredith Publishing and others. In addition, our clients include such authors as David Halberstam, Philip Roth, Tom Brokaw, Amy Tan, Terry McMillan, Peter Alger Hiss.

BRANDED ENTERTAINMENT

Faced with a marketplace cluttered with 30-second commercials, print ads and billboards, and the prospect of a generation of digerati using personal video recorders to avoid the advertising that they have relied on for years to communicate their messages, advertisers and their agencies are collaborating with entertainment providers to create alternative and innovative ways to "activate" consumers. At the same time, the consumer electronics and wireless communications industries offer new platforms for marketing messages. From either side of the table, we are uniquely qualified to structure the deals driving today's highly-publicized unions-from high-profile brands with movies, reality shows, podcasts, satellite radio, and handheld game systems to cell phones with entertainment, sports, news, television, and games. In addition to some of the projects noted above, Davis & Gilbert has been at the forefront of this field, representing significant players on every side in some of the most high-profile projects in this area, including:

  • We represented ConnectiveTissue, one of the producers of the reality program Blush in production negotiations, media barter arrangements and network license arrangements with Lifetime Network.
     
  • We represented Gillette and its agencies in negotiating production, licensing and media agreements for the Gillette Young Guns Celebrity Race: Fast Cars and Superstars program on ABC.
     
  • We negotiated agreements on behalf of numerous clients for the creation of customized on-demand television channels featuring branded entertainment content with Time Warner Cable, TiVo and others.
     
  • We advised on all aspects of the development, content creation, regulatory requirements and technical issues relating to the Bud.TV branded entertainment site.
     
  • We advised MindShare Entertainment on the development of In the Motherhood, a web series featuring integrations of Unilever and Sprint brands, which is currently being developed as a television series for ABC.
     
  • We represented dozens major brands and their agencies in product integration arrangements on programs such as The Apprentice, The Martha Stewart Show, Ellen, Access Hollywood, Survivor, TV Guide Channel.
     
  • We represented Procter & Gamble and others in the production of innovative "showmercial" interstitial content appearing on such networks as Lifetime and TLC.

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Peer Reviews

4.8/5.0 (38 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
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Diversity

 

DIVERSITY
OUR COMMITMENT TO DIVERSITY
 
The firm recognizes the need to strategically position itself to recruit and retain the best and brightest
people and bring the widest range of ideas, experiences and approaches to bear on the issues facing its clients. The firm has an active Diversity Committee and is committed to ensuring that diversity manifests within the firm:
 
·         In the respectful and collegial way we treat each other, our clients and members of the
            community;
·         In hiring without regard to age, race, gender, sexual orientation, gender identity or expression, religion, national origin, or disability;
·         In facilitating career development;
·         In the options we create to help balance work requirements and family commitments;
·         In the way we make our workplace more interesting and enjoyable because different talents and perspectives stimulate our thinking; and
·         In the way we examine everything we do.
 
OUR GOALS
Davis & Gilbert’s Diversity Committee is itself diverse and includes male and female attorneys of
different races, religions, national origins and sexual orientations. The Committee also comprises full and part-time attorneys of all seniority levels and from various practice groups. Its mandate is to review the firm’s existing diversity practices and recommend specific, realistic strategies and policies for enhancing and strengthening the firm’s diversity efforts. The co-chair of the Committee serves on the firm’s Management Committee, and his active and ongoing participation ensures a commitment by senior-level firm management to continued progress in cultivating a diverse workplace.
 
OUR FOCUS
The Diversity Committee meets regularly to discuss both industry and firm initiatives, to consult with diversity experts, and to implement plans that will promote diversity goals. The Committee’s work focuses on such areas as:
·         Recruiting Talent: Increasing opportunities to hire minority, women, LGBT and other diverse attorneys.
·         Retaining Talent: - Facilitating access to clients, assigning matters, and supporting professional development opportunities, all in a fair manner, to ensure that all attorneys, including diverse attorneys, have an equal opportunity to thrive within the firm.
- Strengthening policies that allow for family-friendly work arrangements.
·         Coordinating Greater Community Outreach: Supporting and actively participating in key bar and legal associations, business organizations and community groups that are focused on specific diverse constituencies or general diversity goals.
 
OUR WOMEN’S INITIATIVE
Davis & Gilbert has an ongoing Women Attorneys’ Speaker Series during which prominent women attorneys speak to the firm’s women lawyers about their unique career paths, professional experiences and a variety of different topics including work-life balance, opportunities for flex-time arrangements, rainmaking and professional development. The program’s first speaker was a senior woman partner who has been with the firm for more than 50 years and who was a member of the firm’s Management Committee and a prior chair of the litigation department. Since then, we have had a number of female attorneys from both the public and private sectors present.
 
Davis & Gilbert retained Lauren Stiller Rikleen of the Bowditch Institute for Women’s Success and author of the book Ending the Gauntlet: Removing Barriers to Women’s Success in the Law to conduct three workshops for women counsel and associates. These workshops were designed to help women lawyers position themselves as a “go to” lawyer, generate business, cultivate mentoring relationships and balance work with family, and thereby achieve greater career success.
 
OUR DIVERSITY EVENTS
Davis & Gilbert has an ongoing commitment to educate our attorneys in the areas of diversity and inclusion. The firm has a “Lunch & Learn” series during which speakers present on a variety of diversity-related issues, laws and initiatives within both the legislature and the community at large.
 
OUR INVOLVEMENT
Davis & Gilbert encourages and supports attorney involvement in professional and community-based diversity organizations. Below are just a few examples of the many ways the firm and our attorneys participate in these organizations.
·         The firm is a member of the Minority Corporate Counsel Association’s Firm Affiliate Network,
pledging a commitment to MCCA’s 10 Basic Principles of diversity and inclusion, and
establishing a partnership with MCCA in order to advance the hiring, retention and promotion of
diverse attorneys. The firm uses the MCCA job board as a resource for diversity hiring, and
uses its resources and materials to facilitate the promotion of best practices in diversity. Our
attorneys have access to the career center, professional development initiatives and mentoring
opportunities available through MCCA.
·         One of our partners is the former Co-Chair of the Board and current Board member of the Empire State Pride Agenda (ESPA), a New York statewide civil rights organization committed to achieving equality and justice for lesbian, gay, bisexual and transgender (LGBT) New Yorkers and their families. Davis & Gilbert is a yearly sponsor of ESPA’s annual Fall Dinner fundraiser event.
·         Davis & Gilbert is a longstanding participant in the New York City Bar Association’s Minority Fellowship Program. The Fellowship Program is a highly competitive summer employment program that partners law firms, corporate law departments and government agencies with high-achieving first-year minority law students from New York City-area law schools.
·         Davis & Gilbert has been a supporter of the New York Women’s Foundation (NYWF) annual “Celebrating Women” breakfast. The NYWF helps low-income women and girls in the five boroughs achieve sustained economic security through expanded opportunities.
·         The firm has a long history of supporting Sakhi for South Asian Women, an organization
            devoted to combating domestic violence within the South Asian community in the
            New York metropolitan area. The firm provides both pro bono legal services
            and financial sponsorship and support to Sakhi and was honored at their
           2012 annual Gala as the first recipient of the newly-created Visionary Supporter award.
·         Davis & Gilbert sponsored a “Read-Aloud” program in conjunction with Learning Leaders, in a public school in Harlem. More than 30 lawyers visited the school to read to second graders and the firm donated numerous books, all for the purpose of exposing minority and other students to the legal profession.
·         For several years, Davis & Gilbert has partnered with the Justice Resource Center through their MENTOR program in the New York City-wide Moot Court/Mock Trial annual competition for high school students. The Justice Resource Center offers programs that educate students on the law, the legal process and the fundamental values upon which the law and legal process are based. Through the MENTOR program, our attorneys act as coaches and mentors to students from Murry Bergtraum High School, a public high school in lower Manhattan, introducing the students to the legal community and law-related professions and preparing the students to compete in the Moot Court Competition and the Mock Trial Competition.
 
OUR SUPPORTIVE WORKPLACE
Domestic Partner Medical Insurance: Davis & Gilbert provides domestic partner medical insurance benefits for all employees and their same sex partners.
Flex-Time: Davis & Gilbert provides family-friendly benefits and workplace policies that address such issues as flex-time employment, part-time employment, and primary and secondary caregiver leave following the birth or adoption of a child.
Mentoring: Davis & Gilbert has a mentoring program to increase communication and a sense of community among all attorneys. New associate hires are matched with senior attorneys or partners, to ensure that the new associate has a mentor to whom he or she can turn for guidance and support as the associate develops his or her legal career at the firm. For additional information on the firm’s commitment to diversity, please contact:
For additional information on the firm’s commitment to diversity, please contact:
Howard J. Rubin – Committee Co-Chair Jennifer Tafet Klausner – Committee Co-Chair
212.468.4822 212.468.4827
Angela Romina

 

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