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Howard R. Weingrad is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports; Intellectual Property and Digital Media, Technology & Privacy Practice Groups of Davis & Gilbert.  He counsels leading advertising and media companies in all aspects inherent in the creation, production and distribution of regional, national and global advertising campaigns.

Mr. Weingrad has been recognized as a leading lawyer for advertising law by Chambers USA: America’s Leading Lawyers for Business for 11 consecutive years (2007-2017), particularly for his experience with matters involving unions and the Screen Actors Guild.  Mr. Weingrad has also been recognized by The Legal 500 United States for nine consecutive years (2009-2017) in the area of advertising and marketing. He has also been recognized by The Best Lawyers in America in advertising law (2011-2017).

In addition to handling a wide range of copyright, trademark, unfair competition, rights of privacy and publicity, music licensing and other intellectual property issues, a significant portion of Mr. Weingrad’s practice is devoted to broadcast and digital advertising production matters, including negotiating and structuring agreements governing the use of celebrity talent and commercial productions, and advising on complex social media advertising matters. Mr. Weingrad is one of the country’s leading experts in matters involving the complex provisions and implications of the Screen Actors Guild and other advertising and entertainment industry collective bargaining agreements.

REPRESENTATIVE ENGAGEMENTS

  • Represented Luxottica Group, the world's biggest eyewear company (with brands including Ray-Ban, Persol, Oakley and Oliver Peoples), in a talent deal with the Zooey Deschanel involving complex union and talent matters concerning the production of branded entertainment content.
  • Represents The Kaplan Thaler Group, Ltd, one of the top advertising agencies owned by the French advertising media communications holding company, Publicis Group. Recently represented Linda Kaplan Thaler, the principal of the company, personally in her contract negotiations with Mark Burnett and CBS involving the hiring of Ms. Kaplan as a host of the new CBS television program "Jingles." 
  • Represented Ogilvy & Mather in a complex music deal involving a cross promotion with the music production company and the band, Beacon Street.  Handled all of the negotiations for Ogilvy and its client, BP Amoco, including the drafting of various music agreements involving the distribution and sale of the music across various multi-media platforms.
  • Represented Elias with the principals of the company and its operating personnel on the contract negotiation and drafting, and the analysis of the musical compositions on a copyright basis. Elias is one of the top music houses, where a company, an advertiser or an agency needs music to be composed and created.
  • Represented XM Radio over the years on various issues relating to its ability to market, promote and sell itself, as well as certain key copyright issues relating to its core products. Ongoing representation in talent union issues with respect to certain talent used in marketing materials. XM Radio is one of two satellite radio companies in the United States.
  • Represents Honeyshed, LLC, a new production company and digital innovator who has created one of the first original branded entertainment video channels on the Internet. The channel combines original web content with product and branded integrations, as well as streamed and posted user generated content exploring the depths of young viewer’s interests in entertainment, shopping and social media, all at the same time.
  • Represented clients in initiating and defending advertising and guild agreement-related disputes, including the "Fat Boys" case, Tin Pan Apple v. Miller Brewing Co., the "James Dean" case and Curtis Management v. McDonald's.

SPEAKING ENGAGEMENTS

"Navigating the 2016 SAG-AFTRA Commercials Contract," Davis & Gilbert Advertising, Marketing & Promotions Seminar, July 26 & 28, 2016

"Union Issues with Celebrity Contracts," The Team Companies’ Lunch & Learn, June 16 & 18, 2015

"So What Does Legal Sound Like?" Association of Music Producers Legal Forum, April 2, 2014

"The Skinny on the New SAG-AFTRA Contract: What Changed, What Didn't, What You Need to Know," Business Affairs Round Table, September 24, 2013

Association of Music Producers Legal Forum, May 21, 2013

"Lawyers on the Clock," The Association of Independent Commercial Producers Conference, October 26, 2010

"Hot Topics Concerning Music Licensing For Advertising," Promotion Marketing Association Webinar, September 23, 2010

"Working With Talent Unions," American Conference Institute, The 15th National Advanced Corporate Counsel Forum on Advertising Law, June 6-7, 2005

PUBLICATIONS

Co-Author, "When Is a "Firm Offer" Really Firm When Negotiating Talent Agreements? When the Term Sheet Says So," D&G Litigation Alert, June 2017

Author, "A Look At SAG-AFTRA's New Commercials Contract," Law360.com, May 31, 2016

Author, "SAG-AFTRA Renegotiates Commercials Contract," D&G Advertising, Marketing & Promotions Alert, May 2016

Author, "What Agencies and Their Advertisers Need To Know About Endorsement Agreements Prior to Engaging Talent," D&G Advertising, Marketing & Promotions Alert, June 2015

Author, "Breaches of Exclusivity Obligations Can Leave Advertisers with Little Recourse," InsideCounsel, March 24, 2014

Author, "Bargaining for Artist Consents to Use Pre-Existing Sound Recordings and Footage in Commercials," InsideCounsel, March 10, 2014

Author, "Pension & Health Allocations Under the SAG-AFTRA Commercials Contract," InsideCounsel, February 24, 2014

Author, “Making Pension & Health Plan Payments Under the SAG-AFTRA Commercials Contract,” InsideCounsel, February 10, 2014

Co-Author, "Renegotiated Commercials Contract Has Stringent Notice Requirement, And Questions Remain About Internet/New Media 'Commercials'," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Author, "Confronting Continuing Ambiguity in the Definition of Internet "Commercials"," InsideCounsel, January 27, 2014

Author, "Examining the Use of 'Real People' Appearing in Digital Commercial Products," InsideCounsel, January 13, 2014

Co-Author, "After Recent Celebrity Endorser Social Media Flubs, Contract Changes May Be Advisable," D&G Advertising, Marketing & Promotions Alert, March 2013

Co-Author, "Post-Mortem Right of Publicity under New Jersey Law Is Limited to 50 Years," D&G Advertising, Marketing & Promotions Alert, December 2012

Co-Author, "Court Finds Press Release Was a “Commercial Use” in Right of Publicity Case," D&G Advertising, Marketing & Promotions Alert, October 2012

Co-Author, "Court Rejects Federal Criminal Charges against Host of High-Stakes Poker Games," D&G Advertising, Marketing & Promotions Alert, September 2012

Co-Author, "Models Must Be Paid On Last Day Of Photo Shoot Under California Labor Law," D&G Advertising, Marketing & Promotions Alert, December 2011

Author, "Arbitrator Levels Playing Field for SAG P&H Allocation Disputes," D&G Legal Development Alert, July 7, 2008

Co-Author "Court Delivers Bitter Result to Coffee Company in Right of Publicity Case," The Metropolitan Corporate Counsel, April 2005

Co-Author "Music and the Right of Publicity in Commercial Advertising," Competition: The Journal of the Anti-Trust and Trade Regulation Section of the State Bar of California.

PRESS

Quoted, The Wall Street Journal Law Blog, "A 'Hope'ful Lawsuit: Sizing up Fairey v. AP," posted by Dan Slater, February 10, 2009

BAR ADMISSIONS

New York
U.S. District Court, Southern and Eastern Districts of New York

EDUCATION

Fordham University, J.D., 1987
Tulane University, B.A., cum laude, 1981


        The Legal 500 - The Clients Guide to Law Firms

REPRESENTATIVE ENGAGEMENTS

  • Represented Luxottica Group, the world's biggest eyewear company (with brands including Ray-Ban, Persol, Oakley and Oliver Peoples), in a talent deal with the Zooey Deschanel involving complex union and talent matters concerning the production of branded entertainment content.
  • Represents The Kaplan Thaler Group, Ltd, one of the top advertising agencies owned by the French advertising media communications holding company, Publicis Group. Recently represented Linda Kaplan Thaler, the principal of the company, personally in her contract negotiations with Mark Burnett and CBS involving the hiring of Ms. Kaplan as a host of the new CBS television program "Jingles." 
  • Represented Ogilvy & Mather in a complex music deal involving a cross promotion with the music production company and the band, Beacon Street.  Handled all of the negotiations for Ogilvy and its client, BP Amoco, including the drafting of various music agreements involving the distribution and sale of the music across various multi-media platforms.
  • Represented Elias with the principals of the company and its operating personnel on the contract negotiation and drafting, and the analysis of the musical compositions on a copyright basis. Elias is one of the top music houses, where a company, an advertiser or an agency needs music to be composed and created.
  • Represented XM Radio over the years on various issues relating to its ability to market, promote and sell itself, as well as certain key copyright issues relating to its core products. Ongoing representation in talent union issues with respect to certain talent used in marketing materials. XM Radio is one of two satellite radio companies in the United States.
  • Represents Honeyshed, LLC, a new production company and digital innovator who has created one of the first original branded entertainment video channels on the Internet. The channel combines original web content with product and branded integrations, as well as streamed and posted user generated content exploring the depths of young viewer’s interests in entertainment, shopping and social media, all at the same time.
  • Represented clients in initiating and defending advertising and guild agreement-related disputes, including the "Fat Boys" case, Tin Pan Apple v. Miller Brewing Co., the "James Dean" case and Curtis Management v. McDonald's.

SPEAKING ENGAGEMENTS

"Navigating the 2016 SAG-AFTRA Commercials Contract," Davis & Gilbert Advertising, Marketing & Promotions Seminar, July 26 & 28, 2016

"Union Issues with Celebrity Contracts," The Team Companies’ Lunch & Learn, June 16 & 18, 2015

"So What Does Legal Sound Like?" Association of Music Producers Legal Forum, April 2, 2014

"The Skinny on the New SAG-AFTRA Contract: What Changed, What Didn't, What You Need to Know," Business Affairs Round Table, September 24, 2013

Association of Music Producers Legal Forum, May 21, 2013

"Lawyers on the Clock," The Association of Independent Commercial Producers Conference, October 26, 2010

"Hot Topics Concerning Music Licensing For Advertising," Promotion Marketing Association Webinar, September 23, 2010

"Working With Talent Unions," American Conference Institute, The 15th National Advanced Corporate Counsel Forum on Advertising Law, June 6-7, 2005

PUBLICATIONS

Co-Author, "When Is a "Firm Offer" Really Firm When Negotiating Talent Agreements? When the Term Sheet Says So," D&G Litigation Alert, June 2017

Author, "A Look At SAG-AFTRA's New Commercials Contract," Law360.com, May 31, 2016

Author, "SAG-AFTRA Renegotiates Commercials Contract," D&G Advertising, Marketing & Promotions Alert, May 2016

Author, "What Agencies and Their Advertisers Need To Know About Endorsement Agreements Prior to Engaging Talent," D&G Advertising, Marketing & Promotions Alert, June 2015

Author, "Breaches of Exclusivity Obligations Can Leave Advertisers with Little Recourse," InsideCounsel, March 24, 2014

Author, "Bargaining for Artist Consents to Use Pre-Existing Sound Recordings and Footage in Commercials," InsideCounsel, March 10, 2014

Author, "Pension & Health Allocations Under the SAG-AFTRA Commercials Contract," InsideCounsel, February 24, 2014

Author, “Making Pension & Health Plan Payments Under the SAG-AFTRA Commercials Contract,” InsideCounsel, February 10, 2014

Co-Author, "Renegotiated Commercials Contract Has Stringent Notice Requirement, And Questions Remain About Internet/New Media 'Commercials'," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Author, "Confronting Continuing Ambiguity in the Definition of Internet "Commercials"," InsideCounsel, January 27, 2014

Author, "Examining the Use of 'Real People' Appearing in Digital Commercial Products," InsideCounsel, January 13, 2014

Co-Author, "After Recent Celebrity Endorser Social Media Flubs, Contract Changes May Be Advisable," D&G Advertising, Marketing & Promotions Alert, March 2013

Co-Author, "Post-Mortem Right of Publicity under New Jersey Law Is Limited to 50 Years," D&G Advertising, Marketing & Promotions Alert, December 2012

Co-Author, "Court Finds Press Release Was a “Commercial Use” in Right of Publicity Case," D&G Advertising, Marketing & Promotions Alert, October 2012

Co-Author, "Court Rejects Federal Criminal Charges against Host of High-Stakes Poker Games," D&G Advertising, Marketing & Promotions Alert, September 2012

Co-Author, "Models Must Be Paid On Last Day Of Photo Shoot Under California Labor Law," D&G Advertising, Marketing & Promotions Alert, December 2011

Author, "Arbitrator Levels Playing Field for SAG P&H Allocation Disputes," D&G Legal Development Alert, July 7, 2008

Co-Author "Court Delivers Bitter Result to Coffee Company in Right of Publicity Case," The Metropolitan Corporate Counsel, April 2005

Co-Author "Music and the Right of Publicity in Commercial Advertising," Competition: The Journal of the Anti-Trust and Trade Regulation Section of the State Bar of California.

PRESS

Quoted, The Wall Street Journal Law Blog, "A 'Hope'ful Lawsuit: Sizing up Fairey v. AP," posted by Dan Slater, February 10, 2009

BAR ADMISSIONS

New York
U.S. District Court, Southern and Eastern Districts of New York

EDUCATION

Fordham University, J.D., 1987
Tulane University, B.A., cum laude, 1981


        The Legal 500 - The Clients Guide to Law Firms