March 29-31, 2017
Shalala Center, University of Miami
Coral Gables, FL
View Detailed 2017 Symposium Schedule
Wednesday, March 29
Latin American Training Center Program - LATC
Activities may include a Studio Tour (Cisneros or Telemundo), Networking Lunch, and panels on "Producing Content in Miami" and "Current Issues in Pay and Broadcast Television Content in Latin America." Registration at no additional cost will be available to the first 10 paid registrants for the Symposium who elect to attend. For more information, please go to The Latin American Training Center at http://latamtrainingcenter.com/ and The American Bar Association Forum on the Entertainment and Sports Industries at http://www.americanbar.org/groups/entertainment_sports.html.
Thursday, March 30
8:00 a.m. – 9:00 a.m.
One Lawyer, Many Hats: Ethics and Conflicts of Interest in Entertainment & Sports Law. Whether you are representing the actors on a reality television show or negotiating the NFL contract of the year, you are likely donning different “hats” as you play the role of sports agent, talent agent and legal representative. No doubt, the potential for conflicts of interest and other ethical dilemma are especially compelling in an entertainment and sports law practice. This interactive panel will explore conflicts and other ethical landmines awaiting an entertainment and sports law practitioner.
MODERATOR: Jan L. Jacobowitz, Esq., Professor, University of Miami School of Law, Coral Gables, FL
Alexandra Darraby, Esq., Principal, The Art Law Firm, Los Angeles, CA
Samira Knight, Esq., Tarkanian & Knight Law Group, PLLC, Las Vegas, NV
Ivan Parron, Esq., Parron Law, Miami, FL
Peter J. Strand, Esq., Leavens, Strand & Glover, LLC. Chicago, IL
9:00 a.m. – 10:15 a.m.
Collective Bargaining in Professional and Collegiate Sports: Where we Stand Today. Should professional sports leagues be enabled to impose a salary cap on unwilling players? Restrictions on free agency? Penalties for personal off-the-field conduct? In the 1970s and '80s these issues were often resolved in the antitrust courts. Ever since a pivotal Supreme Court case in 1996, the courts have generally re-directed issues of this nature to the collective bargaining process. The rules of the road in that process are designed to be even-handed, but the bargaining leverage is almost always unequal. In amateur sports, the issue that is top-of-mind is whether athletes in the major revenue-producing sports and leagues should receive some of the revenue. A natural question in that event is whether collective bargaining can or should play a role. Our panel will explore these and other topics at the forefront of labor-management issues in organized sports.
MODERATOR: Michael Kelly, Professor, University of Miami School of Law, Coral Gables, FL
Dennis Curran, Esq., Senior VP and General Counsel for the NFL Management Council
Charles Grantham, Director of Center for Sports Management, Seton Hall University, South Orange, NJ
Jennifer T. Williams, Esq., Cozen O’Conner, Miami, FL
Successfully Addressing Union and Guild Issues for Film and Television Productions. This panel will address current legal and business issues with regard to the involvement of labor unions and guilds in film and television productions, including the increase in nonunion production, the relocation of production sites from one state to another or outside of the US, considered “runaway production,” and the power and influence of the studios in major productions.
MODERATOR: Kirk Schroder, Esq., Schroder Davis PLC, Richmond, VA
D. Marcus Braswell, Jr., Esq., Sugarman & Susskind, PA, Coral Gables, FL
Ena T. Diaz, Esq., Law Offices of Ena T. Diaz, PA, Coral Gables, FL
Joseph Z. Fleming, Esq., Greenberg Traurig PA, Miami, FL
10:15 a.m. – 10:30 a.m.
10:30 a.m. -11:45 a.m.
Entertainment Litigation Update. This panel will cover current advanced issues in copyright, trademark and entertainment law, discussing topics including infringement, remedies, calculating and proving damages, defenses and trial strategies. Each panelist will take a different perspective based on their experience as trial lawyers and in preserving issues for appeal.
MODERATOR: Richard Wolfe, Esq., Wolfe Law, Miami, FL
Helene M. Freeman, Esq., Phillips Nizer LLP, New York, NY
Kenneth D. Freundlich, Esq., Freundlich Law, Beverly Hills, CA
Julie Greer, Esq., Coblentz, Patch Duffy & Bass, LLP, San Francisco, CA
Paul V. LiCalsi, Esq., Robins Kaplan LLP, New York, NY
Tim Warnock, Esq., Riley, Warnock & Jacobson, Nashville, TN
Athletes and Their Images; Leagues vs. Players vs. Bad Conduct. The position of the NFL and other sanctioning organizations on domestic violence is primarily a public image and perception issue. Leagues and organizations must maintain their brand and handling such difficult issues is always a challenge, especially when enforcement of their rules may end an athlete's career and income stream. Also, the value of an athlete or entertainer being in or out of the press, is complex and complicated. Many celebrities depend on media coverage to maintain their relevance to their customer/fan base.
MODERATOR: Thom Dillon III, Esq., Hirschler Fleischer, Attorneys at Law; Chair, Sports and Entertainment Group, Richmond, VA
Alan K. Fertel, Esq., Weiss Serota Helfman Cole & Bierman PL, Coral Gables, FL
Randell M. Kessler, Esq., Kessler & Solomiany, Atlanta, GA
11:45 a.m. – 12:45 p.m.
Keynote Speaker: "Back to the Future: Current Challenges Facing Intercollegiate Athletics," Oliver Luck, NCAA Executive Vice President of Regulatory Affairs and Strategic Partnerships, Indianapolis, IN, Mr. Luck will discuss the historical context of changes in college sports and the legal, cultural and social challenges that the NCAA is facing today
12:45 p.m. – 2:00 p.m.
Wealth Management for Real Life Ballers: Financial Planning and for Athletes and Entertainers. This year’s panel will focus on preserving and protecting assets of the successful entertainment and sports client. Social media makes it virtually impossible for the high profile athlete or entertainer to enjoy his privacy. However, with proper planning, these unique clients can protect their assets from unnecessary and unwelcome public disclosure and, more importantly, from the claims of their creditors. The panel will discuss various planning techniques and strategies, including the interrelationship of business entities and trusts, both domestic and international, that a celebrity client may implement in order to achieve a comprehensive tax and financial plan.
MODERATOR: W. Drew Hawkins, Managing Director, and Head of Global Sports and Entertainment, Morgan Stanley Wealth Management, Washington, D.C
Brad Cohen, Esq., Jeffer, Mangels, Butler & Mitchell, LLP, Los Angeles, CA
Billy Corben, Filmmaker; Co-founder of Rakontur, Miami, FL
Stephen Erwin, Esq., Private Wealth Manager, Chief Compliance Officer, General Counsel Aveo Capital Partners, LLC, Denver, CO
Jerome Wolf, Esq., Katz, Baskies & Wolf, PLLC, Boca Raton, FL
2:00 p.m. – 2:15 p.m.
2:15 p.m. – 3:30 p.m.
The Future of Augmented and Virtual Reality in Entertainment and Sports. It has been said that AR/VR will render obsolete the battle between cable and internet, in the same way that cable and internet rendered obsolete the battle between DVD and Blu-ray. Is this a fair assessment or a dramatic exaggeration? In any event, what are the legal and business implications of this powerful tool competing for supremacy in the delivery of entertainment and sports “experiences.”
MODERATOR: Harold A. Flegelman, Esq., Director of the Graduate Program in Entertainment, Arts and Sports Law, and Lecturer in Law, University of Miami School of Law, Coral Gables, FL
Charles H. Baker, Esq., DLA Piper LLP, New York, NY
Brian R. Socolow, Esq., Loeb & Loeb LLP, New York, NY
Recording Agreement Hot Buttons for Artists, Writers, Producers and Labels. This panel will discuss emerging, changing, and/or topical business, legal and ethical issues in recording agreements from the perspective of the various parties implicated, such as, recording artists (including singer/songwriters), labels, producers and publishers/writers.
MODERATOR: Marc Stollman, Esq., Stollman Law PA, Boca Raton, FL
Margaret Marshall, Esq., Greenberg Traurig, Atlanta GA
Michael Olsen. Esq., President, eOne Entertainment, Nashville, TN
Janine Small, Esq., Principal, Janine Small PLLC, New York, NY
Andrew G. Tavel, Esq., Tavel & Shulman, PC, New York, NY
3:30 p.m. – 4:45 p.m.
Working with Creatives in 2017. The Collaborative Process between Writers and Producers on all Platforms
Representing creative clients presents challenges for attorneys. Clients are insulated by agents, family members and entourages. Translation nuances and the increasing complexity of intellectual property rights, licensing and distribution deals all contribute to a need for lawyer finesse. This expert panel will explore the ethical and legal imperatives in representing creative artists in the areas of Literature, Theater, Art and Design, Film, Music, Technology and New Media.
MODERATOR: Marsha S. Brooks, Esq., Brooks & Distler, New York, NY
Matthew W. Buser, Esq., Matthew W. Buser, PL, Miami, Florida
Darryl Cohen, Esq., Cohen, Cooper, Estep & Allen, Atlanta, GA
Alexandra Darraby, Esq., The Art Law Firm, Los Angeles, CA
Len Glickman, Esq., Cassels Brock & Blackwell LLP, Toronto, Canada
LeAnn Shelton, Esq. AIA, General Counsel, Rockwell Group, New York, NY
Having Your Client’s Back: Representing the Athlete as a Manager/Agent. This panel will discuss the legal and business issues regarding the dual roles of a manager and agent in professional sports.
MODERATOR: Peter Carfagna, Esq., Magis, LLC, Cleveland, OH
Mason P. Ashe, Esq., Ashe Sports & Entertainment Consulting, Inc., Washington D.C
Kelli Masters Esq., Kelli Masters Management; Fellers, Snider, Blankenship, Bailey & Tippens, P.C., Oklahoma City, OK
Jason Rosenhaus, Esq., Rosenhaus Sports Representation, Miami, FL
Scott Shapiro, Esq., Praver Shapiro Sports Management, Miami, FL
5:00 p.m. – 7:00 p.m.
Annual ESLS/ABA Reception at the Shalala Center, University of Miami, open to all speakers and symposium attendees.
Friday, March 31
8:00 a.m. – 9:00 a.m.
Keynote Speaker: "A Cautionary Tale," George Howard: Mr. Howard is an Associate Professor of Management at Berklee College of Music, Boston, MA. He is the founder of George Howard Advising, the author of “An Insider’s Guide to the Record Industry” and “Music Publishing 101,” the original founder of TuneCore, a former President of Rykodisc, the co-founder of Music Audience Exchange and the former COO of Wolfgang’s Vault. Mr. Howard will discuss the progression of the recording business, its legal climate and lessons we have learned that can help take the industry forward.
9:00 a.m. – 10:15 a.m.
Lost in Translation: Current Issues in International Intellectual Property. This panel will discuss recent developments regarding international IP law affecting the entertainment, arts, and sports fields. Some of the topics we will cover include the role of IP in international trade agreements, the Defend Trade Secrets Act, and the Marrakesh Treaty.
MODERATOR: Andres Sawicki, Associate Professor of Law, the University of Miami School of Law, Coral Gables, FL
Lili Levi, Professor of Law, the University of Miami School of Law, Coral Gables, FL
James Sammataro, Esq., Stroock & Stroock & Lavan, Miami, FL
Jaime Vining, Esq., Friedland Vining, Coral Gables, FL
Christina Zanette, Esq., Deloitte LLP, McLean, VA
The Future of the Music Industry is Digital Performance Rights and Revenues. The online/digital world of songs and sound recordings has significantly changed the definition and scope of rights as well as the negotiation of the value of those rights. This panel will discuss the many factors affecting the performing rights areas in music publishing and sound recordings including the Department of Justice ruling on ASCAP and BMI fractional vs. 100% licensing, the conflicting ASCAP and BMI Consent Decree rate court decisions, the role of arbitration and mediation in determining rates, compulsory non-interactive licensing by SoundExchange vs. voluntary licenses, the present legal status of pre-1972 sound recordings, and an overview of the future of direct (‘voluntary”) licensing by music publishers and sound recording owners.
MODERATOR: Henry Root, Esq., Partner, Lapidus, Root & Sacharow, LLP, Santa Monica, CA
Todd Brabec, Esq., Former ASCAP Executive Vice President/Co-Author of Music, Money and Success, Los Angeles, CA
Timothy Cohan, Esq., SVP, Legal and Business Affairs, Peermusic, Los Angeles, CA
Joe DiMona, Vice President, Legal Affairs, BMI, New York, NY
Robert McNeely, Messer Caparello, P.A., Counsel for Amicus Curiae, Entertainment, Arts, and Sports Law Section of the Florida Bar In Support of Flo & Eddie, Inc., Tallahassee, FL
Adam Parness, Head of Publisher Licensing & Relations, PANDORA® | internet radio
10:15 a.m. – 10:30 a.m.
10:30 a.m. – 11:45 a.m.
Real Politics 2017 – Film, Television, Music, the New Media and the American Political Odyssey. In this post-presidential election world, experienced and effective legal counsel is essential for candidates for state-wide or national office, where campaigns can be won or lost with a single comment in the 30 second glow of the television lights. Our experts will cover the legal and practical aspects of advising candidates for state-wide or national office and the incredible power of the media to impact elections and national and international events, law and trade.
MODERATOR: Richard Warren Rappaport, Esq., The Law Firm, Richard Warren Rappaport, Esq., Boca Raton and Miami Beach, FL
David Fink, Esq., Kelley Drye & Warren LLP, Los Angeles, CA
Neda Ghomeshi, Esq., Hunter Taubman Fischer & Li LLC, Coral Gables, FL
Emily Patricia Graham, Esq., The Law Offices of Emily Patricia Graham, Clearwater, FL
Donald M. Jones, Professor of Law, University of Miami School of Law, Coral Gables, FL
Edward M. Lebow, Esq., Haynes and Boone LLP, Washington, DC
Tom Musca, screenwriter, producer and director, and Professor of Practice, Coordinator of the MFA Screenwriting Concentration, University of Miami, Coral Gables, FL
Making, Licensing and Distributing Content in Latin America - Challenges and Opportunities. U.S. Networks and Studios increasingly are developing, producing, co-producing, licensing and distributing content to and from Latin America. In addition to lower costs, Latin American content provides a wealth of unique stories and talent that appeal to the increasing U.S. Hispanic audience. However, differences in legal systems, cultures, business models, political realities and other potential conflicts create a challenging environment. This panel will explore those opportunities and challenges from both the U.S. and Latin American perspective.
MODERATOR: Steve Solot, Founder and President of the Latin American Training Center - LATC
Fabio Cesnik, Attorney, Cesnik, Quintino & Salinas, Bela Vista, São Paulo, Brazil
Hernan Pantaleon, Founder, Hernan Panteleon Abogados, Buenos Aires, Argentina, and Adjunct Professor, University of Miami School of Law, Coral Gables, FL
Teresa de Torres, Senior Director, Corporate Legal Affairs, HBO Latin America, Coral Gables, FL
11:45 a.m. – 12:45 p.m.
Luncheon Speaker: "The TMZ Story," Harvey R. Levin, Founder and Executive Producer, TMZ , Los Angeles, CA. Mr. Levin will discuss the role TMZ plays in the new era of media today.
12:45 p.m. – 2:00 p.m.
Current Trends in 2017 on Constitutional Intellectual Property and Collection, and Use of Data Issues in Entertainment. This panel will delve into constitutional intellectual property issues and collection and use of data in entertainment and the arts, and reality television deals as well as litigation over minors’ rights to disavow contracts. The discussion will include comments and suggestions by the panelists on ways in which to advise clients on the avoidance of litigation and to deal with litigation if it is unavoidable.
MODERATOR: Harvey W. Gurland, Jr., Esq., Duane Morris LLP, Miami, FL
PANELISTS: John Bradley, Esq., Bradley Law Group, Ft. Lauderdale, FL
Cintia Calevoso, Esq., Calevoso Law, Miami, FL
Brian Caplan, Esq., Reitler Kailas & Rosenblatt LLC, New York, NY
Shannon Harvey, Esq., Law Offices of Shannon Harvey, Miami Beach, FL
Raeha Kim, Esq., Managing Partner of Raeha Kim Law Firm LLC & Raeha Speaks, New York, NY and Atlanta GA
Sounds Heard Round the World: International Film, Television, ISP and Digital Media Issues. This panel will discuss many of the current issues that music licensing encounters in the expanding worldwide distribution of audio-visual and other product. Areas covered include the structure, negotiation and relevant considerations in a music license for pre-existing or original compositions, back end royalties, foreign country broadcast issues and collection society reciprocal agreements and practices, the effect of Pan European licensing Hubs on the process and more-In short, how U.S. agreements must take into account the vagaries of the foreign marketplace.
MODERATOR: Jeff Brabec, Esq. Vice President, Business Affairs, BMG, Co-Author, Music, Money and Success, Beverly Hills, CA
Gil Aronow EVP, Business & Legal Affairs, Commercial Music Group, Sony Music Entertainment, New York, NY
Teri Nelson Carpenter President, Reel Muzik Werks, LLC, El Segundo, CA
Dennis Lord, Executive Vice President, SESAC, Inc., Nashville, TN
Jorge Mejia President, Sony/ATV Music Publishing, New York, NY
The Biggest Elephants in the International Entertainment Room: China and the New, Post-Brexit Europe. The sports and entertainment fields have become increasingly internationalized over the past several decades. But even as a new administration reexamines our trade agreements, massive changes in the largest non-US intellectual property markets on earth are equally redefining what’s possible, what’s not and what’s likely to change. This panel pulls no punches in looking at legal and economic changes in our two most important export/content production venues: The People’s Republic of China and the redefined UK/European post-Brexit-vote market. Essentials for every sports and entertainment lawyer.
MODERATOR: Peter Dekom, Esq., The Law Corporation, Los Angeles, CA
PANELISTS: Michael Gu, Partner Angie Law Firm, Beijing, P.R. China
2:00 p.m. – 2:15 p.m.
2.15 p.m. – 3:30 p.m.
The Young Lions: Insight and Advice from the Young Lawyer’s Perspective; Tales of the Entertainment and Sports World from UM Law Young Alums. A panel of recently graduated University of Miami Law Alumni, in which panelists talk about their journey and experience to date within the entertainment and sports law industries.
MODERATOR: Brenda Schamy Esq., DiSchino & Schamy, PLLC, Miami, FL
Brandon Briggs Esq., Legal Affairs at Miami Dolphins & Hard Rock Stadium, Miami, FL
Allen Kronenburger Esq., The Law Office Of Allen Kronenberger II, Esq, Los Angeles, CA
Brian Oliver Esq., Entertainment Business and Media Attorney at York PLLC, Miami, FL
Toam Rubinstein Esq., Senior Manager, Attorney Marketing and Trademarks at Burger King Corporation, Miami, FL
Branding and Trademark Law Issues in 2017. This panel will discuss current branding and trademark issues of significance to practitioners today.
MODERATOR: Kimberly Kolback, Esq., Law Offices, Kimberly Kolback, Miami, FL
David I. Greenbaum, Esq., Fox Rothschild LLP, West Palm Beach, FL
Vivek Jayaram, Esq., Jayaram Law Group, Chicago, IL
Christine Lepera, Esq., Mitchell Silberberg & Knupp LLP, New York, NY
Lillian Taylor Stajnbaher, Esq., Senior Strategic Negotiator in IT Vendor Management, Walmart, Bentonville Arkansas
The Blob That Ate Hollywood - How Millennials and the Web are Altering the Media Landscape for Traditional and New Media. Millennials increasingly are cutting the cable cord or ditching their TVs altogether. Web influencers garner millions of followers. Amazon, Facebook, Instagram, Netflix, Spotify, YouTube and others have become major content producers and distributors. Meanwhile, traditional media companies are scrambling to catch up. The Web is changing everything we know about content creation, licensing and distribution. This panel will explore how this phenomenon is affecting traditional and new media, and the challenges and opportunities ahead.
MODERATOR: Jose Sariego Esq., Partner, Bilzin Sumberg Baena Price & Axelrod LLP, Miami, FL, and Adjunct Professor, University of Miami School of Law, Coral Gables, FL
Glenn Dryfoos, SVP - Business Affairs, Univision Communications, Inc., Miami, FL
Horacio Gutierrez, General Counsel, Spotify USA, Inc., New York, NY
Thomas Knapp, VP - Business Affairs, CBS Interactive, Fort Lauderdale, FL
Lance G. McPherson, Esq., Senior Vice President and Senior Counsel Business and Legal Affairs at Viacom Media Networks/MTV, New York, NY
Lee Straus, Executive Vice President - Business Affairs, Alternative/Reality and Specials Programming, NBC Entertainment, Universal City, CA
In conjunction with The American Bar Association Forum on the Entertainment and Sports Industries and the University of Miami's Entertainment, Arts and Sports Law LL.M., Miami Law's Entertainment and Sports Law Society presents the 2017 conference at the University of Miami School of Law.
TOPICS TO INCLUDE
George Howard, Associate Professor of Management at Berklee College of Music, Boston, MA
Harvey R. Levin, Founder and Executive Producer, TMZ , Los Angeles, CA
Oliver Luck, NCAA Executive Vice President of Regulatory Affairs and Strategic Partnerships, Indianapolis, IN
Symposium Brochure (forthcoming)
15 CLE credits pending approval
CLE Credit: The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, Hi, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, PR, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This transitional program is approved for both newly admitted and experienced attorneys in NY.
History of the Conference
In 1997, the Entertainment and Sports Law Society hosted its first Conference. Since then, it has grown into a full-scale event where law students and professionals take part in a forum to discuss current legal issues in sports, entertainment, intellectual property, the arts, and the media. Some of the most well-known local and national attorneys, faculty, agents, legal advisers, athletes, and entertainers serve as panelists, lead Q-and-A sessions, and foster academic debate. Additionally, the Conference offers students a venue to network with professionals in careers of interest and it enables alumni and local firms to connect with aspiring attorneys and agents.