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REPRESENTATIVE ENGAGEMENTS

MOTION PICTURES, TELEVISION AND RADIO
Beginning with our early involvement in radio serials, Davis & Gilbert has provided counsel over the decades to our clients in the full spectrum of issues they face in the financing, development, production and distribution of motion picture, television and radio content. Our clients in this area include: Discovery Communications, XM Satellite Radio, Twentieth Century Fox, Warner Brothers, Miramax, Lucasfilm Ltd., Paramount Pictures Corp., Oxygen Media, Cablevision Systems, Procter & Gamble Productions, Inc., Hamilton Projects, Inc., King World Productions, Inc., NFL Properties, NFL Films, ImaginAsian Entertainment, Harpo Productions, Al Pacino, Robert Redford, Spike Lee and others. Below are a few of the recent and/or notable projects in which we have advised and assisted our clients:

  • We represent Discovery Communications in all aspects of the financing, development, production and global distribution of many of its premier programs, including Golden Mummy Tomb Live, Monster Garage, and Dragon’s World, for all of its networks, including Discovery Channel, TLC, Animal Planet, Planet Green, Discovery Health Channel, Investigation Discovery, Discovery Kids, Discovery HD Theater, and FitTV in North America, as well as its international networks, including its global Discovery Channels and People + Arts Network.
  • We represent Everyday Health, a media company and online content provider, in connection with traditional and digital media content production and distribution, including a broadcast television series agreement airing on ABC Television Network, and a content channel distribution agreement with YouTube for original programming.
  • We represented a famous ballet company and its principal dancers in connection with the production and development of a reality television series.
  • We advised Heineken USA on the development, creation, production and distribution of the Spanish language sports awards show Premios Deportes, including the negotiation of all production-related agreements; the network broadcast agreement with Univision networks and all aspects of the voting and awards.
  • We represented Alpha Media Group, Inc., the owner of Maxim and Blender Magazines, on negotiating and drafting an agreement with Sirius Satellite Radio for the creation, production, and broadcast of a Maxim-branded satellite radio channel on Sirius. We also handled the trademark licensing, radio programming and production, and advertising revenue issues for this project.
  • We represent The Kaplan Thaler Group, Ltd, one of the top advertising agencies owned by the French advertising media communications holding company, Publicis Group, in all of its entertainment endeavors, including representing company principal, Linda Kaplan Thaler, in her contract negotiations with Mark Burnett and CBS involving the hiring of Ms. Kaplan as host of the new CBS television program “Jingles.”
  • We advise Travel Channel LLC on production, financing, and programming distribution as well as talent agreements and issues, including such signature programming Bizarre Foods, The Feasty Boys and Ghost Adventures.
  • We advise ImaginAsian Television, the premier English language network in the United States serving audiences of Asian heritage, on production and distribution matters.
  • We represent TeleNext and Sycamore Productions, producers of the annual People’s Choice Awards. In addition to advising our clients on the production, distribution and voting issues for this awards program, we advised them in the specific implications of the WGA strike and contingency planning strategies.
  • We represented Al Pacino and Chal Productions in a unique financing and distribution arrangement with Twentieth Century Fox distribution of Mr. Pacino’s critically acclaimed films, Chinese Coffee, The Local Stigmatic and Looking for Richard.
  • We assisted in the formation of MindShare Entertainment and helped negotiate its groundbreaking joint arrangement with ABC for the production of brand-integrated programming. Davis & Gilbert also represented MindShare in all aspects of the financing, production and distribution, including Canadian tax-credit financing for the series and brand integration for Sears, Unilever and Domino’s Pizza, among others.
  • We represented legendary radio broadcaster Don Imus in connection with his departure from WFAN radio and MSNBC television. Following the successful resolution of that matter, we negotiated new agreements with WABC and Citidal Broadcasting for radio distribution and RFD-TV for television simulcast of Mr. Imus’ program.
  • We advised XM Satellite Radio on its groundbreaking talent agreement with Opie and Anthony.
  • We represented theatrical producer, The Culture Project, in the production of the 2005 Court TV movie, The Exonerated, based on the critically-acclaimed stage play of the same name.
  • We advised NFL Films and NFL Properties on the production of an inaugural NFL Kickoff concert in Times Square featuring performances by Bon Jovi and others.
  • We represented Wieden + Kennedy in preparing production services agreements and releases relating to the distribution of the full-length films, "Sneaker Heads" and "Battlegrounds."

MUSIC
Davis & Gilbert’s attorneys have advised clients in all aspects of the rapidly changing music industry, from complex corporate transactions to performing rights issues to digital downloads and transmissions, melding knowledge of emerging and new technologies with a deep understanding of the historical practices and structure of the business. Our clients in this area have included: Arista Records, NFL Properties, XM Satellite Radio, musicmaker.com, Discovery Communications, Mambo Music, Rocket Music and others. A few of the recent and/or notable projects in which our attorneys have advised and assisted clients are listed below:

  • We advise and represent Rhino Music in all manner of record promotion and marketing issues, including new releases of major albums.
  • We represent Ogilvy & Mather, owned by the WPP Group, most recently during a complex music deal involving a cross promotion with the music production company and the band, Beacon Street, handling 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.
  • We represent Elias, one of the industry’s top music houses, on contract negotiation and drafting, and copyright analysis of musical compositions.
  • We represent and advise XM Radio 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. We are currently advising on talent union issues with respect to certain talent used in marketing materials.
  • We advised Discovery Communications in negotiations with Sony BMG regarding soundtracks for such Discovery Kids series as Darcy’s Wild Life.
  • We advised NFL Properties in the licensing of its storied music library to Cherry Hill Music.
  • We advised XM Satellite Radio, the National Football League and others on the union and performing rights society implications of repurposing music and other content on digital audio services.
  • We advised Verizon Wireless on the intellectual property implications of ringtone and other music downloads to wireless storage devises under the Digital Millennium Copyright Act.
  • We advised sponsors such as Verizon Wireless, Compaq and others on concert tour sponsorship and music licensing agreements with such artists as Sting.

PUBLISHING
Like much of our work in the entertainment and media industries, the work of Davis & Gilbert’s attorneys in publishing has spanned virtually every aspect of this sprawling industry. Our services in publishing have ranged from advice and negotiation of individual publishing agreements to advising on the merger of the Penguin and Putnam publishing houses. Our clients include: Time, Inc., Random House, Simon & Schuster, Scholastic, Harris Publications, McGraw-Hill, Hachette Book Group, New York Sun, Readers Digest Association, Meredith Publishing and others. In addition, we have represented well-known authors such as David Halberstam, Philip Roth, Tom Brokaw, Amy Tan, Terry McMillan, Peter Alger Hiss.

BRANDED ENTERTAINMENT
Faced with a marketplace cluttered with 30-second commercials, print ads and billboards, and the prospect of a generation of digerati using personal video recorders to avoid the advertising that they have relied on for years to communicate their messages, advertisers and their agencies are collaborating with entertainment providers to create alternative and innovative ways to “activate” consumers. At the same time, the consumer electronics and wireless communications industries offer new platforms for marketing messages. From either side of the table, we are uniquely qualified to structure the deals driving today’s highly-publicized unions-from high-profile brands with movies, reality shows, podcasts, satellite radio, and handheld game systems to cell phones with entertainment, sports, news, television, and games. In addition to some of the projects noted above, Davis & Gilbert has been at the forefront of this field, representing significant players on every side in some of the most high-profile projects in this area, including:

  • We represented connectivetissue, one of the producers of the reality program Blush in production negotiations, media barter arrangements and network license arrangements with Lifetime Network.
  • We represented Gillette and its agencies in negotiating production, licensing and media agreements for the Gillette Young Guns Celebrity Race: Fast Cars and Superstars program on ABC.
  • We negotiated agreements on behalf of numerous clients for the creation of customized on-demand television channels featuring branded entertainment content with Time Warner Cable, TiVo and others.
  • We advised on all aspects of the development, content creation, regulatory requirements and technical issues relating to the Bud. TV branded entertainment site.
  • We advised MindShare Entertainment on the development of In the Motherhood, a web series featuring integrations of Unilever and Sprint brands, which is currently being developed as a television series for ABC.
  • We represented dozens major brands and their agencies in product integration arrangements on programs such as The Apprentice, The Martha Stewart Show, Ellen, Access Hollywood, Survivor, TV Guide Channel.
  • We represented Procter & Gamble and others in the production of innovative “showmercial” interstitial content appearing on such networks as Lifetime and TLC.