Practice Areas & Industries: Loeb & Loeb LLP

 





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Practice/Industry Group Overview

Practice Capabilities

Loeb & Loeb's Music Group has been long recognized as a leader in the music industry -- an industry that is rapidly changing because of the convergence of technology and content. Our experience and expertise is different from other law firms, in that our clients range from some of the world's largest music companies and some of the most successful talent (recording, performing, writing and producing) to major financial institutions, private equity investors and leading technology companies. We offer our clients sophisticated yet practical specialized service and a music industry-centric focus that is unparalleled in depth and scope.

In today's technology-driven marketplace, we have been at the forefront of structuring and negotiating a significant number of the earliest agreements for ring tones, digital downloading, digital content, aggregations, P2P distribution and Web casting.

The depth of our practice extends to finance and lending, areas in which our attorneys assist music industry clients in shaping capital structures and raising debt and equity capital. We handle a large number of entertainment and media mergers and acquisitions matters, including intellectual property due diligence; industry specific valuations; and other matters related to the merger, acquisition, or sale of entertainment assets or companies.

In addition, Loeb & Loeb is different from most other law firms because of its ability to bridge the depth and breadth of our music industry knowledge with our advertising and promotion experience, which we bring to our extensive representation of major advertisers, advertising agencies and music companies and/or artists in first-of-its-kind, high profile endorsement and sponsorship agreements.

We also have extensive experience in the formation and development of production companies, record labels and publishing and licensing companies. We also represent motion picture and television producers in the acquisition and production of music for film, television, video programs and theatrical productions.


 

Services Available

Our experience includes negotiating, evaluating and documenting

  • domestic and international record distribution agreements;
  • recording agreements;
  • songwriting and publishing agreements;
  • merchandising and touring agreements;
  • commercial appearances, endorsements, and sponsorships;
  • intra-group agreements for recording artists and business structures;
  • film and television music supervisor, music composer and soundtrack album agreements;
  • music licensing agreements;
  • agency and management representation agreements;
  • record producer agreements;
  • music and sampling clearances;
  • advertising, promotions, and branding; and
  • new media and technology.

We handle a wide range of music industry transactions, including valuation, acquisitions and sales of recording and publishing catalogs, as well as the administration and licensing of such catalogs. Over the past few years, Loeb & Loeb has handled the sales of music catalogs in deals aggregating well over $3 billion and has been involved in acquisitions totaling a similar number.

Service Approach

Because of our longevity and entrenchment in the industry, we have experience and expertise in representing every side of a deal. We bring a three-dimensional understanding to each client matter. We have also earned credibility among industry leaders, which allows us to engage in decision-level dialogue and to resolve matters efficiently and effectively.

Our group understands that there is more to the industry than just recording deals. We also combine our deep bench of talent from our intellectual property, litigation, corporate, tax, finance, private equity and mergers and acquisitions groups to provide a wide range of services for our clients. Examples include the following:

  • We represented Univision Communications in the sale of their music recording and publishing businesses for $153 million to Universal Music Group.
  • We advised Windswept Music Holdings, one of the world's most successful independent music publishers, on its acquisition by Bug Music, Inc.
  • We represented Bertelsmann AG in their sale of BMG Music Publishing for EUR1.63 billion (approximately US$2.09 billion) to winning bidders, Vivendi and its subsidiary Universal Music Group.
  • In a complicated licensing deal, we represented SNOCAP, Inc. (founded by Shawn Fanning) in the development of technology for owner-sanctioned file-sharing networks. We were able to introduce Mr. Fanning and Snocap to the chairpersons of the major music publishers and record labels, and to negotiate agreements for registering their catalogs, as well as negotiate agreements with P2P services for accessing the technology.
  • Premium Wireless Services and YourMobile looked to us to develop ring-tone license agreements with a major music publisher, as well as download agreements with wireless carriers. We also represented the company in its acquisition by Vivendi Universal's VUNet unit.
  • In the $2.6 billion acquisition of Warner Music Group, we represented the investors Edgar Bronfman, Jr.; Thomas H. Lee Partners; Bain Capital; and Providence Equity Partners group, and served as IP and trademark counsel and advisor with regard to recording industry matters.
  • On behalf of Yahoo!, we negotiated and documented a transaction with Harmony Digital Media for the sale of prepaid song cards by nonprofit organizations.

Clients and Industries

We represent a vast and diverse range of music and recording industry clients, including major and independent record and music publishing companies; some of the world's foremost recording artists, songwriters, performers, producers, and music supervisors; personal managers, business managers, talent agencies, and concert promoters; and general entertainment companies, as well many of the Fortune 200 companies that interface with the music industry. Our clients include the following:

  • Arc Music
  • Estate of Dean Martin
  • Beastie Boys
  • Jo Dee Messina
  • BMG Music Publishing
  • MGM/UA Music
  • Dell Inc.
  • Motion Picture Association of America
  • Estate of Johnny Cash
  • Motorola
  • CBS Broadcasting Inc.
  • Estate of Elvis Presley
  • CBS Entertainment
  • Qualcom
  • CBS/Paramount Television
  • Diana Ross
  • CBS, Inc.
  • Saban Music Publishing
  • Dixie Chicks
  • SNOCAP, Inc.
  • EMI Music Publishing
  • Carrie Underwood
  • Fuji Pacific Music
  • Viacom
  • Amy Grant
  • Vince Gill
  • Grateful Dead Productions
  • The Wallflowers
  • Home Box Office, Inc.
  • Windswept Holdings (Publishing)
  • Integrity Music
  • Wynonna
  • Kid Rock
  • Yahoo!

Leadership in Law

Members of Loeb & Loeb's Music Group recently received high praise in the 2008 edition of the Chambers USA Guide to America's Leading Business Lawyers. The Chambers Guide ranks lawyers and law practices through interviews with clients and competitors. Sources quoted in Chambers called John Frankenheimer, chair of our Music Group, "'an amazing force within the music industry,' regularly seen advising prestigious multinational and independent music publishers, prominent record companies and distributors and globally renowned recording and touring artists."

Our Music Group was also recognized in the 2008 edition of The Legal 500 United States, a law firm referral guide. Legal 500 said Loeb & Loeb's Music Group was "praised by clients as 'knowledgeable, capable and available' and 'able to bring an impressive level of skills to the table' including 'knowledge of the private equity and banking community' and the 'ability to navigate the shoals of a perilous environment with skill and patience.'"

To further enhance our industry leadership, our Music Group is actively involved, giving speeches and presentations, leading panel discussions and supporting events. The following are just some of the organizations and events in which we are active:

  • Annual Billboard Music and Money Symposium
  • California Copyright Society
  • New York State C.P.A./Entertainment Forum
  • UCLA School of Law Entertainment Symposium
  • City of Hope's Music and Entertainment Industry Chapter
  • National Academy of Recording Arts and Sciences
  • Black Entertainment and Sports Lawyers Association
  • Leadership Music
  • USC Gould School of Law Institute on Entertainment Law and Business

In addition, Mr. Frankenheimer is a founding member of the Advisory Board of the Entertainment Law Initiative, the legal forum sponsored by NARAS (National Academy of Recording Arts and Sciences). Serving as chairman from 2002-2004, he remains an active member of the board.

Practice Contact 
John T. Frankenheimer
Partner
310.282.2135
jfrankenheimer@loeb.com