Sheppard Mullin

  • Established in 1927
  • Firm Size 1075
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Social Media and Games

 Sheppard Mullin was one of the first major law firms to create a multidisciplinary games industry team. The social media and interactive games industries have grown to support different forms of interactive entertainment, hardware and software platforms, and business models. Our nationally recognized, multidisciplinary team includes patent lawyers with strong technical backgrounds in the electrical and computer arts, other intellectual property lawyers who protect brands and expressive content, transactional and financing lawyers who get deals done, and those with unique experience in sports industries, digital media and distribution, digital business, advertising, gambling, fantasy sports, and virtual currencies. Capable of handling any challenge, our Social Media & Games team has expanded to more than 70 lawyers in 15 offices in the U.S., Europe and Asia.

Multidisciplinary Focus

In addition to the regulatory, financing, and game distribution issues traditionally facing many game companies, Sheppard Mullin’s Social Media & Games team advises clients on legal and business issues to evolve the social media and videogame industries to new forms of entertainment and new platforms including:

  • IP Protection for Games – We help clients develop and implement comprehensive IP protection strategies and are one of the most active filers of game-related patents in the United States. We have advised on numerous deals involving rights to develop games based on blockbuster movies.
  • Legality of Business Models Involving Gamblification – We advise many clients regarding games using mechanics that require consideration of federal and state anti-gambling and/or anti-lottery laws. It is imperative for companies in these spaces to carefully vet their business models with legal counsel who understands these issues. We have the leading game-based practice that focuses on these issues, including the ramifications of virtual goods/currency and secondary markets on the legality of these business models. We have deep experience advising clients on the emerging legal issues with many of the hottest money-making game models in the industry, such as:
    • Fantasy Sports – The rapid growth and success of fantasy sports and the emerging business models, particularly daily fantasy (and other short-term models), has led to regulatory and legislative scrutiny.
    • Social Casino Games – Many of the top-revenue generating games in the app stores are social casino games. Several of the leading companies in this space have been subject to class-actions for allegedly using illegal gambling mechanics. 
    • Real-Money Skill-based Games – Nevada’s passage of SB9 and New Jersey’s legislative action promoting real-money, skill-based games will lead to tremendous business opportunities balanced by the need for careful legal structuring of these offerings.
  •  eSports – We leverage our firm’s unparalleled depth in representing traditional sports teams, leagues, athletes, broadcasters, streaming services and advertisers with our in-depth game experience to provide comprehensive advice to companies in the eSports space. Our experience enables us to cover: 
    • IP Protection for eSports game mechanics and business models
    • League, team and players issues
    • Tournament structures
    • Advertising, promotions and sponsorships
    • Fantasy sports based on eSports
    • Gambling on eSports
  • Virtual Goods and Currencies – We advise clients, who leverage virtual goods and currencies for monetization, on the associated legal issues that can arise. We help ensure that the terms of service protect our client from foreseeable issues including class action lawsuits, and advise on the regulatory issues that may arise depending on the virtual currency model (e.g., issues under stored value and money-transmitter laws) and the impact of and strategy for addressing secondary markets.
  • Transactions and Financings – We help clients with critical business issues including financings (e.g., innovative finance structures for game production budgets), complex transactions involving the purchase and sale of games and game companies, and licensing issues, including: 
    • Venture capital and financing
    • Corporate formation and governance
    • Game development and publishing deals
    • Streaming and broadcast agreements
    • Mergers and acquisitions
  • Other Related Services – Our team draws upon a variety of legal fields, including intellectual property, mergers and acquisitions, tax, employment, and litigation, to provide:
    • Structuring and enabling content development, production, and distribution for interactive entertainment properties
    • Creating resilient licensing and merchandising agreements
    • Supporting branded entertainment efforts through legally sound promotions and advertising campaigns
    • Structuring End-user License Agreements and Terms of Service
    • Developing effective User Generated Content policies
    • Handling employment issues stemming from programmer “crunch time” provisions
    • Statutory interpretation and application (FCC, CDA and DMCA)
    • First Amendment protection (including obscenity, defamation, and privacy issues)
Industry Involvement 
 
We are involved in nurturing promising startups through game-related incubators, including:
  • YetiZen in San Francisco
  • Serious Games Institute in Virginia 
  • Founders Institute in New York and San Diego
Our team attends dozens of industry events each year and is frequently invited to speak at leading industry conferences worldwide, including:
  • Augmented Reality Event
  • CES Annual Games Summit
  • eSports Conference
  • G2E
  • Game Developers Conference
  • GameBeats Conference
  • Gaming Now Conference
  • Gigse
  • Global iGaming Summit & Expo
  • Neurogaming Conference
  • Videogame Bar Association Annual Meeting

 

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Diversity

"As Sheppard Mullin continues to grow, it is important that we not lose sight of the need to recruit women, attorneys of color and others of diverse backgrounds."
-Guy Halgren, Chairman of the Executive Committee

At Sheppard Mullin, we make every effort to recruit the finest lawyers and nurture their talents. The firm recognizes the importance of diversity and the need to create a workplace of inclusion. We need ¿ and our clients demand ¿ a team of attorneys that is as diverse as our increasingly global client base. Achieving and maintaining diversity is key to great client service ¿ a core value of our firm. What distinguishes good intentions from results is a commitment by senior management to find the best attorneys possible coupled with the sincere belief that people with diverse backgrounds bring valuable attributes to the firm. At Sheppard Mullin, the Executive Committee, Diversity Committee, and the lawyers in each of our offices work hard to ensure that all attorneys who join our firm fit in seamlessly and are encouraged to succeed.

Members of our Diversity Committee include ethnically diverse attorneys and a representative from the firm's Executive Committee. Diversity Committee members have served on the Boards of the Anti-Defamation League, the Black Women Lawyers Foundation (Los Angeles), and the Charles Houston Bar Association (northern California). Women and minority attorneys participate on key committees of the Firm (Executive Committee; Compensation Committee; Diversity Committee; Recruiting Committee; Professional Personnel Committee; Associate Issues Committee). Four of the Firm's nine Office Administrative Partners are women, one of whom is African-American and another is multi-racial.

"Serving on the firm's Diversity Committee is one of the most important things I do. I firmly believe that we must be vigilant in our efforts to recruit talented women attorneys and attorneys of color. Our success in this area has a positive effect our firm's culture, practice and client relationships."
-Joan Story, Member Executive Committee and Diversity Committee

Below is a description of just some of our outreach efforts.

  • The firm participates in and financially supports the California Minority Counsel Program and the ABA Minority Counsel Program, as well as several minority bar associations. These groups are dedicated to increasing access for and promoting and retaining minorities in the legal profession.
  • The firm actively recruits law students of color, e.g., we participated in the National Black Law Students Association (NBLSA) of the Western Region job fair held at UCLA School of Law.
  • Sheppard Mullin contributes to the Minority Corporate Counsel Association; California Women Lawyers; Queen's Bench; Black Women Lawyers Association of Los Angeles; and the National Black Law Students Association, among others.
  • We actively participate with other major Los Angeles law firms in the Diversity Directors Roundtable, a group that is committed to promoting diversity in the legal profession and in our firms.
  • The firm received the Law Firm Award from the Black Women Lawyers Association of Los Angeles Foundation for its strong commitment to the promotion of community and pro bono activities.
  • Multicultural Law magazine named Sheppard, Mullin, Richter & Hampton LLP as one of "The 2011 Top 100 Law Firms for Diversity."
  • Sheppard Mullin helped underwrite the production of a motion picture project entitled "Soul of Justice: The Life and Times of Thelton Henderson." The film chronicles the life of respected African-American jurist Thelton Henderson, a crusading civil rights litigator and role model.
  • The firm signed the Bar Association of San Francisco's "No Glass Ceiling Initiative," BASF's "Minority Goals and Timetables," the New York County Lawyers' Association Diversity Statement, and the Los Angeles County Bar Association's Diversity Statement.

Much of our pro bono work relates to the diversity of the communities in which we practice; sample clients include:

  • Constitutional Rights Foundation
  • Domestic Violence Project, Los Angeles Bar Association
  • Lawyers Committee for Civil Rights
  • Task Force for the Women's Resource Fair, City of San Diego
  • Tolerance Through Education Program, Beverly Hills Barristers Associations
  • Violence Against Women Act Program, Legal Aid Foundation of Los Angeles

Awareness of diversity enables us to understand the value of differences. At Sheppard Mullin, we are committed to hiring top tier attorneys, without regard to race, ethnicity, gender or sexual orientation.

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