Experience
Negotiated Retransmission Consent Cycles for Broadband Company
Negotiated three retransmission consent cycles for a broadband telecommunications company. Managed the increasing costs of sports and entertainment programming while setting a foundation to enable the company to expand operations into new markets.
On-Demand Content Distribution Platform for Yoga Company
Launched an on-demand content distribution platform for a national yoga studio chain. The client had a short window in which to complete the production, licensing, and distribution agreements. Worked closely with the client to launch the services efficiently, and to expand the on-demand presence during the COVID-19 pandemic.
Wind-Down of Fantasy Sports Subsidiary
Completed the wind-down of a client's fantasy sports subsidiary. Transitioned customer accounts off service. Negotiated and managed the early termination of multiple operating agreements to minimize cost and disruption to the client's ongoing operations.
Dismissal of Case Seeking to Ban “Obscene” Book in Virginia
Secured the dismissal of a Virginia state court case seeking to ban the sale of a client’s book. A Virginia Beach General Assembly Delegate brought the action against our client and one of its authors, filed under a decades-old statue and alleging that the book – a memoir, told in graphic novel form, of the author’s own journey of realizing their nonbinary and asexual identity – was “obscene.” Argued that the statute was unconstitutional both facially and as-applied, and that the petition failed to state a claim under Virginia law. The Court agreed and found that the book could not be considered “obscene” under state law, as well as that the statute was unconstitutional in violation of due process and the First Amendment.
Obtained Summary Judgment for Publicly Traded Live Event Producer
Obtained summary judgment for a publicly traded producer of live events where the primary issue was whether our client, who recently purchased the assets – but not the stock – of a local live event production company, was bound by the arbitration provision in a contract between the local company and the opponent. The asset purchase agreement specifically excluded the contract containing the arbitration provision. The opponent argued that the asset sale was a de facto merger so the contractual exclusion did not apply. The Court rejected that argument and adopted our argument holding, among other things, that the terms of the asset purchase agreement governed.
Obtained Victory for Client After Five-Day Arbitration
Obtained a complete defense victory following a five-day arbitration hearing on behalf of a local festival and concert promoter in a dispute filed by the counter-party to an expired profit-sharing agreement.
Negotiated Favorable Settlement in Shareholder Dispute Involving Concert Promoter
Represented majority shareholders in lawsuit filed by minority member and negotiated favorable settlement resulting in minority member’s removal from the company.
Secured Motion to Dismiss for Social Gaming Company
Won a motion to dismiss on behalf of an internet-based social gaming company accused of violating Illinois gambling statutes. The entire class action complaint filed in federal court was dismissed before any discovery took place.
Obtained Dismissal in Dispute Between Event Promoter and Investor
Won the dismissal with prejudice of the counterclaim filed against a live event promoter and its principals. The promoter entered into a revenue-sharing agreement with a company looking to invest in two of its larger outdoor music festivals. Ultimately, the relationship deteriorated and, in 2014, the investment company initiated litigation against the promoter. We obtained a complete victory for our client.
Representation of State Lottery Operator in Various Disputes
Represented a state lottery operator in various disputes related to Freedom of Information Act (FOIA) requests, the disclosure of confidential information and contractual disagreements with the governmental department responsible for the lottery.
$132 Million Sale of Patent Pool Administrator
Represented a minority owner in the $132 million sale of a patent pool administrator to another patent pool administrator in the audio and video coding technology space.
Defeated Putative Class Action Against Streaming Media Clients
Represented streaming media companies in the U.S. District Court for the Southern District of Illinois and the U.S. Court of Appeals for the Seventh Circuit in a lawsuit brought by an Illinois city claiming video streaming companies owed fees pursuant to an Illinois statute. The Court of Appeals upheld the District Court’s dismissal of the matter.
Filed Trademarks for Retirement Plan Provider in Naming of Major Sports Stadium
Served as IP counsel to a retirement plan provider related to their involvement in purchasing naming rights to a major U.S. sports stadium. Provided counsel on and filed for trademark protection of names and logos following multi-year deal.
$1 Billion-Plus Rights Deal for MLB Team
Assisted client, a Major League Baseball team, in closing a more than $1 billion rights deal with a major cable sports network. The deal ensures more than 150 regular season games will be aired on the network through 2032.
Dismissal of Claims for Wrongful Death of Professional Hockey Player
Secured a dismissal of claims against a national sports association for lack of personal jurisdiction in an action for the wrongful death of a professional hockey player that was upheld on a writ by the Missouri Court of Appeals.
