Minutes of the 11-02-05 Meeting of the Entertainment Executive Committee

In attendance:

Peter Baghdassarian peterb@filmroman.com 
Dave Bortman davesq@earthlink.net 
Judith Dornstein jdornstein@adelphia.net 
Miles Feldman miles@brownewoods.com 
Gordon Firemark gfiremark@firemark.com 
Pamela Forster pamelaforster@earthlink.net 
Helen Kang hkang@sheppardmullin.com 
Caroline Raufi craufi@stroock.com 
Marissa Román mroman@akingump.com 
Joe Schleimer schleimerlaw@msn.com 
Marc Staenberg mstaenberg@bhba.org 


The meeting was CALLED TO ORDER at approximately 8:40 AM.

Marissa Román served as chairperson of the meeting.
Caroline Raufi served as co-chairperson of the meeting.

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PRELIMINARY/ADMINISTRATIVE MATTERS

The meeting began with Marissa Román congratulating Miles Feldman and Peter Baghdassarian on the success of the October program, which had an impressive attendance of 140.


Marc Staenberg also applauded the success of this year's first BHBA/Southwestern International Entertainment Law Symposium, which was one-and-a-half years in the making. The event was held at Southwestern Law School on November 1, from 2:30 p.m. until 7 p.m., with a reception that followed. There were approximately 75-80 attendees, comprised of attorneys, AFM attendees, and students, among others. This newly instituted program will have a different focus each year. This year's program dealt with practicing entertainment law in a global environment. Next year's program will likely focus on the music industry. Marc welcomed Ex Comm members interested in the symposium to join the planning committee for future programs. Marc stressed the BHBA’s encouragement of law students to join the BHBA organization and many have expressed interest.

Ex Comm Members Promotion of Section Events

Next, Marissa lead a discussion about more active promotion of Entertainment Law Section (ELS) events by the ExComm members. Marissa suggested members begin with the promotion of the upcoming Entertainment Law/ADR November program, which could use additional promotion in light of the heavy competition in November for program attendance, which began with the BHBA/Southwestern Entertainment Law symposium and continues with AFM seminars, the ADR section's own program, among other programs.

As for promoting our ELS events in general, David Bortman suggested approaching Jeff Gund, a composer and active promoter of industry events. Pamela Forster agreed to contact Mr. Gund to inquire about including our ELS events in his e-mail blasts to those in the film, television, and music industries.

Marc Staenberg suggested keeping an "affinity" list of logical attendees to the ELS events. He pointed out that many sections, e.g. the Real Estate Law Section, maintain a supplemental list of such attendees that works well because many of those persons are BHBA members. Marc cautioned that the only “con” is the potential for abuse by persons who simply want to "market" their business activities.

Judith Dornstein suggested utilizing industry source books to compile an auxiliary list of logical attendees. Marc reminded the ExComm that it should apprise Pamela Weston of any such list. Judith further suggested coordinating e-mail blasts about our ELS events with the Television Academy and NARIS. Judith is under the impression that these organizations would not present a "SPAM" concern since they distribute a general list of upcoming programs on which our ELS events could potentially be included. Judith agreed to follow-up with the TV Academy and NARIS. On this same note re e-mail blasts about our ELS events, Leigh Lushner agreed to contact Women in Film.

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CALENDAR OF EVENTS
The Ex. Comm. discussed upcoming panels.

NOVEMBER 16, 2005
The entertainment dispute/ADR program organized by Joel Grossman is confirmed and entitled, “Creatively Resolving Entertainment Disputes: How to Keep Your Clients Out of Court.” Joel will moderate. The panelists are Jamie Lichtman, Sr. VP, Litigation, NBC Universal; Bruce Wessel, Partner, Irell & Manella; and Mark Passin, Partner, Alschuler Grossman Stein & Kahan. Due to a time conflict with a mediation he had this morning, Joe was unable to attend this meeting, but he confirmed by e-mail that the program flyer is completed. The ADR Section will co-sponsor the program in a non-revenue sharing capacity. Marissa asked ExComm members to do their best to promote the program among colleagues outside the BHBA.

DECEMBER 21, 2005

Caroline Raufi and Kenneth Freundlich will co-chair a music program in December. They are in the midst of finalizing the program, which will address new alternate business models aimed at increasing music revenues. Previously, Gordon Firemark has suggestedpursuing a co-sponsorship with NARIP.

Marissa confirmed January 12, 2006 as the date for the annual year in review evening program, which will begin around 6:30 p.m.The venue TBD. The program will consist of three separate one-hour panels: (1) litigation year in review (to be organized by Miles Feldman and Helen Kang), (2) state of the industry in light of technological advances (to be organized by Marissa), and (3) ethics/substance abuse (to be organized by Cole Sternberg).

Miles and Helen are still fleshing out their panelists and topic discussion. There was a question about a moderator for the panel and Gordon commented that such a panel could be self-moderated by the panelists. Marissa reminded them that the panel should address "hot" topics in litigation: year in summary, top 10 trend. Marissa pointed out that other Bar Associations distribute litigation case summaries circa January 10, which have previously proved helpful in narrowing down the cases, though given the January 12date for the panel, we may not be able to benefit from those sources. Gordon suggested Miles and Helen engage law students to assist
them. Marissa suggested her firm's on-line research to find the case law. Caroline offered to provide a list of the top cases in 2005.

There was a brief discussion about whether the Grokster case should be a part of the discussion or whether it was in its “burn out” phase, but the ExComm summarily agreed that you cannot have a year-in-review discussion without addressing Grokster.

As for the sequence of the three panels, Marissa confirmed that the ethics/substance abuse panel will be last so attendees will stay for the duration of the program. Miles asked if the litigation panel could be first and Marissa said that would be fine. Further details about the panels TBD.


FEBRUARY 2006

Leigh Leshner was going to organize a panel regarding film production issues. Her topic has changed and she will move her program to April as discussed below. For the February program, Joe Schleimer will organize a panel concerning artists/manager agreements. Details TBD.


MARCH 2006

Pamela Forster will organize a panel on drafting collaboration agreements. Marissa suggested it would be more of a drawto keep the scope of collaboration agreements broad to encompass all entertainment industries. There was some discussion about including E&O insurance and clearances in the program though it was ultimately agreed those topics should comprisea separate program of their own. The details of the topic will be fleshed out, though it is leaning towards a discussion concentrating on the termination of collaboration agreements and conflicts of interest that arise when representing multiple collaborators. Pamela pointed out this could get attendees an ethics credit, further incentive to attend such a program.
Further details TBD.

APRIL 2006

Leigh Leshner had initially planned to organize a film production panel concentrating on "nuancing" the deal to better serve the client in securing the best deal, with a mix of indie and studio scenarios. Gordon commented that such a topic (about the role of production counsel) has traditionally been divided into a three-part panel in the former April "Saturday" afternoon three hour program slot. Marissa reminded everyone that historical numbers  and attendance didn't merit returning to the April three-hour Saturday format, so it's unlikely that we'll return to it. After further discussion about the topic, there was consensus that a timelier and more appropriate panel for a one hour program in April would address the convergence of all media, including mobile phones, PODcasting, Internet, etc. in the context of multiple international licensing rights/distribution agreements. Caroline suggested this program would work well as a co-sponsorship with the Intellectual Property Section and ExComm members agreed.

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FUTURE EX. COMM. MEETINGS

The December meeting will take place at 8:30 a.m. on December 7, 2005 (on the regular meeting date of the first Wednesday of the month).

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There being no further business to discuss, the meeting ADJOURNED at approximately 9:40 AM.

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