Licensing and Commercial Exploitation of Musical Scores for Video Game Developer

Acted for a video game developer in the licensing and commercial exploitation of several musical scores within a suite of popular and well-known video games.

Risk Analysis for Use of Celebrity's Name and Likeness in Literary Work

Provided analysis and recommendations regarding liability risk associated with use of a famous celebrity's name and likeness in an original literary work. The project included an in-depth review of the legal concepts of right of publicity, invasion of privacy, misappropriation, false light and defamation.

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.

Filed and Prosecuted Trademark Applications for a Metal Manufacturing Company Regarding the Naming Rights of a Sports Stadium

Represented a manufacturing company as outside counsel in the filing and prosecution of trademarks and logos in relation to the naming rights of a sports stadium.

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.

Exploitation of Music Rights

Acted for a video game developer in the licensing and commercial exploitation of several musical scores within a suite of popular and well-known video games.

EURO 2020 Commercial Agreements for UEFA

Drafted and negotiated commercial agreements for UEFA in relation to EURO 2020, including in respect of its hospitality and concessions operations for the tournament.

Commercial Work, Agreements for World Marathon Majors

Carried out commercial work for the World Marathon Majors, including drafting agreements in relation to technology suppliers and its other partners.

Advised Wimbledon, London Marathon on Commercial Operations

Advised The All England Lawn Tennis Club (Wimbledon) and London Marathon Events on an ongoing basis, particularly in relation to their commercial operations. This includes advising on and drafting all documents related to their live sporting events, virtual events, brand and charity partners, brand protection, social media campaigns and partners, and headline sponsorship agreements.

Acted for OTT Sports Broadcaster in Various Commercial Matters

Acted for an over-the-top (OTT) sports broadcaster in all commercial matters, including in relation to rights acquisitions, platform and services agreements and data licensing agreements.

Secondment with Spatial Data Technology Company

Acting as General Counsel in a secondment capacity to a spatial data technology company, advising on all commercial and legal matters within the business.

High Court Proceedings for Premier League Football Club Relating to Ticket Terms and Conditions

Acted for a premier league football club in various High Court proceedings in enforcing the club’s ticket terms and conditions against third party resellers. 

Licensing of Soundtracks, Anthems for Live Sports Event Business

Drafted and negotiated composer agreements for a live sports events business, covering the licensing of original soundtracks and ‘anthems’.

Brand Partner, Content Creator Agreements for High-Profile Grime Artists

Acted for well-known grime artists in relation to brand partner and content creator agreements.

Assisted London Marathon Events in Acquisition of Brighton Marathon

Assisted London Marathon Events in acquiring the business and certain assets of Grounded Events Limited (in administration) (the company name for Brighton Marathon) from the Administrators (FRP Advisory). This included, amongst others, Brighton Marathon’s brand and intellectual property. Also acted for London Marathon Events on the grant to it of a licence to hold the event from Brighton & Hove City Council.

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.

Graduate Trainee Visas for International Company

Advised international media company in transferring employees to the U.K. to undertake work experience rotation as part of a trainee programme.

Acted in Proceedings Involving the Unlawful Sale and Distribution of Tickets for a Major English Tennis Club

Acted for a grand slam tennis club in proceedings against event management companies and their directors in connection with the unlawful sale and distribution of the club’s tickets to its annual championships.

Acted for Former Premier League Footballer in Claim Against Agent, Barrister

Acted for a former Premier League footballer in claim against his former agent and barrister to recover ownership of a company which had been misappropriated.

Represented Premier League Football Club in Real Estate Transactions

Acted for a Premier League football club in connection with a range of real estate transactions, including acquisitions and disposals.

Formation of Music Production Company

Acted for a manager and songwriters who wished to form a company that would act on behalf of various artists in the capacity of a manager, independent record label and publisher. This instruction included advice on voidability and/or unenforceability of certain structures and documents as a result of undue influence and/or restraint of trade (with particular focus on case law in the music industry). Also drafted and negotiated the documents governing the arrangements, which included articles of association and a shareholders’ agreement, an artist management agreement, a record label agreement and a music publishing agreement.

Negotiation of Agreements for W Series

Supported W Series in the negotiation of various agreements with Formula 1, in addition to providing a wide range of advice to the client for the hosting and promotion of the W Series, including the negotiation of outsourcing and media rights agreements.

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