Minutes of the 12-07-05 Meeting of the Entertainment Executive Committee

In attendance:

Peter Baghdassarian peterb@filmroman.com 
Dave Bortman davesq@earthlink.net 
Michael Cerrati mcerrati@gmail.com 
Judith Dornstein jdornstein@adelphia.net
Gordon Firemark gfiremark@firemark.com 
Pamela Forster pamelaforster@earthlink.net
Jason Gross jasgross@gmail.com
Joel Grossman joel@grossmanmediation.com
Eric Harbert ericharbert@yahoo.com
Kia Kamran kia@tunelaw.com
Helen Kang hkang@sheppardmullin.com
Caroline Raufi craufi@stroock.com 
Susan Rabin srabin@spattorney.com
Marissa Román mroman@akingump.com


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

Marissa Román served as chairperson of the meeting.


PRELIMINARY/ADMINISTRATIVE MATTERS>

The meeting began with introductions from two guests referred by Kia Kamran and Susan Rabin: Jason Gross, recent Hastings Law School graduate who is pursuing a legal career in music law; and Michael Cerrati, recent Southwestern Law School graduate who is pursing a career music law. Another introduction followed from guest Eric Harbert, referred by Carolyn Raufi, who is a recent UCLA Law School graduate pursuing a career in entertainment law. The Ex Comm members proceeded to introduce themselves in turn.

Ex Comm Members Promotion of Section Events

Marissa Román lead a follow-up discussion concerning the active promotion of Entertainment Law Section (ELS) events outside of the BHBA. The National Association of Record Industry Professionals (NARIP) will promote upcoming ELS music events, beginning with the December event. Due to Leigh Lushner's efforts, Women in Film (WIF) will promote the December ELS event to members. Due to Judith Dornstein's efforts, The Academy of Television, Arts and Sciences (ATAS) will also promote the December ELS event. Pamela Forster will follow-up with Jeffrey Gund about including future ELS events in his e-mail blasts to those in the film, television, and music industries. Marissa will discuss with Marc Staenberg possible ELS program discounts for members of
organizations promoting our events; Judith suggested a 10% member discount.

David Bortman initiated a brief discussion about the Entertainment Industry Business Council (EIBC), a joint venture between the Beverly Hills Chamber of Commerce and Century City Chamber of Commerce, comprised of entertainment-related professionals and entrepreneurs. The EIBC focuses on (1) entertainment industry programs, and (2) legislative efforts to promote the entertainment industry. The EIBC is now going to include Bar Associations in their promotion of the entertainment industry. There was some discussion about including the BHBA ELS events. David indicated he and Marc Staenberg had spoken about it and Marc was very interested. Gordon mentioned that Mark Staenberg would be meeting with the BHBA Chamber of Commerce regarding promotion, and that perhaps Marc would be the appropriate person to liaise with the EIBC in this regard. Marissa will follow-up with Marc.

November Entertainment Dispute/ADR Program

Marissa congratulated Joel Grossman on the November entertainment dispute/ADR program he organized and moderated. Though attendance was smaller (likely due to competing events, including the Los Angeles County Bar Association's EL&IP Section event that was the same date and time), the program was well organized and informative.

Vintage Bouquet Event

A member of the Vintage Bouquet Committee, Leigh Lushner initiated a discussion about the Committee's desire to include a CD in gift bags at the next Vintage Bouquet event. The Committee is seeking donations of 450 CDs or DVDs. Kia will make some inquiries. Judith suggested the Committee contact the special products division of the record companies. It was also suggested that David Helfant be contacted.


CALENDAR OF EVENTS

The Ex. Comm. discussed upcoming panels.

DECEMBER 13, 2005

The December program has been moved to Tuesday, December 13, 2005. Kenneth D. Freundlich & Susan L. Pollyea are co-chairing the program, entitled "Is That My Song" - Licensing and Infringement of Music in the 21st Century, and co-sponsored by the BHBA IP, Internet & New Media Section and NARIP. Panelists include Russell Frackman of Mitchell Silberberg & Knupp, Larry Kohorn,Vice President, Music Affairs Group,Sony Pictures Entertainment, Musicologist Judith Finell, and Laurie Soriano of Davis, Shapiro, Lewit, Montone & Hayes. Ken will moderate the panel.


JANUARY 12, 2006

Ex Comm members discussed the January program that will be held at the Beverly Hills Hotel and will consist of three separate one-hour panels scheduled in the following order: (1) litigation year in review (organized by Miles Feldman and Helen Kang), (2) state of the industry in light of technological advances (organized by Marissa), and (3) ethics/substance abuse (organized by Cole Sternberg).


As regards the first panel, Helen confirmed three panelists: Dean Garfield, General Counsel for Motion Picture Association of America; Marcia Harris, Partner at Alschuler Grossman Stein & Kahan, and Marty Katz, Partner at Sheppard Mullin Richter & Hampton. Miles will moderate. Helen initiated a discussion with Ex Comm members about which major 2005 cases the Panel should discuss aside from the infamous MGM/Grokster case. The
Wolfe/Disney profit participation and Grosso/Miramax submission cases were mentioned as notable cases. Judith suggested contacting Professor Lon Sobel about notable cases. Gordon Firemark noted that the BHBA IP section has its year in review program prior to the ELS program, so the Grokster case should not be the focus of the litigation panel discussion to avoid any conflict. As an aside, Gordon suggested more cooperation amongst
the BHBA "overlap" sections to avoid conflicting/competing programs, perhaps a conflict checking system before panels of such sections are confirmed.


As regards the second panel, Marissa confirmed Robert Pisano, Chief Operating Officer & President of the Motion Picture Association of America, as a panelist. Other suggested panelists are a representative from the Hollywood Reporter and the Elite Talent Agency. Marissa expects to finalize the panel this week.

As regards the third panel, Cole confirmed two panelists: Harold Owens, Sr. Director of Addiction Recovery Services for the MusiCares Foundation; andJeanie Griffin, Case Management Supervisor for the Lawyer Assistance Program for the State Bar of California and adjunct faculty member in the UCLA Extension Addiction Counselor Training Program.

FEBRUARY 15, 2006

Joe Schleimer and Caroline Raufi are organizing a panel on artist/manager/talent representation issues, including such hot topics as the Orlando Bloom/The Firm case. Further details TBD.

MARCH 15, 2006

Pamela Forster will organize a panel on drafting collaboration agreements across the film, television, and music industries, with a concentration on issuesthat arise when collaboration agreements are terminated, including conflicts of interest when representing multiple collaborators. Pamela pointed out an ethics credit should be further incentive to attend such a program. Suggested panelists are Vincent Waldman, former longtime Partner at Manatt, Phelps & Phillips and longtime Entertainment Law professor at UCLA extension, Jackie Fuchs, formerly of Loeb & Loeb, and John Frankenheimer, partner and co-chairman of Loeb & Loeb. Pamela will moderate. Further details TBD.

APRIL 19, 2006

This program will remain a one/one-and-a-half (1 - 1.5) hour Wednesday program luncheon as opposed to a return to the April three (3) hour Saturday format. Kia Kamran and Leigh Leshner will organize a film, television, and music content provider panel concerning dealmaking and media convergence, addressing mobile phones and such issues as voice and ring tones, games, etc. As a panelist, Kia suggested Tuhin Roy, leading digital media industry attorney and founder of the Digital Rights Agency (DRA), an innovative company that represents a worldwide group of high profile independent record labels in collective digital distribution deals, which the company brokers for a 15% commission. Other suggested panelists: representatives from iTunes and a record company. Marissa suggested a cell phone carrier panelist. Joel suggested a studio panelist. Marissa noted that Kia and Leigh should limit the panel to four speakers with expertise across all mediums. Kia and Leigh will flesh out the details and panelists.

MAY 17, 2006

Gordon Firemark and Joel Grossman will organize a panel. Suggested topic: The "Friends" TV show sexual harassment case pending in the CA Supreme Court, involving a staff writer's assistant and sexual commentary/explicit drawings and simulations made during the course of writers staff meetings. Whether writers'
sexually coarse comments, etc. amounted to constitutionally protected free speech or might be considered sexual harassment of a femaleassistant is what's at issue. Possible co-sponsorship with the labor and employment law section. Further details about topic and panelists TBD.

JUNE 21, 2006

David Bortman will organize a panel. Helen agreed to liaise. Suggested topic: Video game publisher trend by such players as Electronic Arts (EA), the largest video game publisher, to develop games based on film titles. Kia suggested David read a recent article in Wired Magazine about this issue. Topic and panelist details TBD.

JULY 19, 2006

Susan Rabin and Judith Dornstein will organize a panel regarding an update on the rights of publicity. Joel suggested contacting Marty Singer. Eric Harbert offered to assist if needed. Further details TBD.

LOY

The Lawyer of the Year event will be held on April 27, 2006. Further details TBA.


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FUTURE EX. COMM. MEETINGS

The January meeting will take place at 8:30 a.m. on January 4, 2006 (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 9:36 AM.