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Entertainment, Media & Sports Alert >> Will WGA/DGA "Pattern" Head Off Potential Hollywood Strike As SAG-AFTRA Approaches Deadline For New CBA? - Alert - 06/21/2017

Although early signs indicate that SAG-AFTRA and the AMPTP should be able to reach a new collective bargaining agreement relatively smoothly, if the union determines that the new media environment requires substantial changes specific to actors’ needs, Hollywood could be in for the second major nail-biter of 2017.

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Entertainment, Media & Sports Alert >> Rule 40 Advertising Guidelines Return for the 2018 Winter Olympics, Creating Headaches and Challenges for Winter Olympians and Their Sponsors - Alert - 06/01/2017

Just as the thrilling victories and agonizing defeats of the 2016 Summer Olympics in Rio have receded into memory, preparations are already under way for the 2018 Winter Olympics. Advertisers looking to leverage Olympic athletes during PyeongChang 2018 need to proactively put plans in place by:

  • identifying potential athlete endorsers early and assessing their likelihood of making Team USA;
  • developing campaigns that will resonate irrespective of whether the athlete ultimately makes the team;
  • submitting initial creative concepts by August 1, 2017; and
  • launching campaigns prior to October 1, 2017.

Following the conclusion of the PyeongChang Games, we expect that athletes will continue to argue for more substantive changes in the Rule 40 Guidelines, with endorsement data from a full cycle of Summer and Winter Games to back them up.

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Entertainment, Media & Sports Alert >> As Advertisers Head to Rio for the Olympics, a Changed Regulatory Landscape Awaits - Alert - 07/12/2016

Official Olympic sponsors will need to closely monitor unofficial marketing activities in light of the relaxed Rule 40 standards and the updated Brazilian regulations, taking advantage of expedited procedures to fight ambush marketing in Brazil. Unofficial sponsors, on the other hand, will be able to take advantage of the new Rule 40 standards to utilize Olympic athlete endorsers without official sponsorships and will need to use caution to creatively implement marketing programs in Brazil without running afoul of recent regulations. Expect more tinkering with these regulations once the dust has settled in Rio in 2016.

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Entertainment, Media & Sports Alert >> Back in the Ring: New York Legislative Victory Continues Comeback Story for Daily Fantasy Sports - Alert - 06/29/2016

After a challenging 2015 overflowing with lawsuits and attorney general actions, the DFS industry continues to find success in state legislatures in 2016 and may thus prove to be a more stable and attractive field for advertisers, venture capitalists and others to explore in the future. Expect a reinvigorated industry to emerge with larger, better financed players able to comply with complex multi-state regulations aimed at protecting consumers and ensuring fairness.

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Entertainment, Media & Sports Alert >> Daily Fantasy Sports — The Specter of Gambling Threatens an Industry - Alert - 10/27/2015

There has been an exponential growth in fantasy sports, and it now is a multi-billion dollar industry. As Rep. Pallone has observed, anyone who watches a professional football game is “inundated by commercials for fantasy sports websites.” It is not yet clear, however, that it is safe for media outlets, media planners and buyers, and marketers to get involved with daily fantasy games – or whether daily fantasy sports games are legal. Right now, the odds are grim but the stakes are high. Stay tuned.

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Entertainment, Media & Sports Alert >> Ruling Gives NCAA Victory in "Amateurism" Case, but Legal Battle Doesn’t End Here  - Alert - 10/08/2015

The Ninth Circuit decision rejecting the payment of a $5,000 royalty to student-athletes for the use of their names, images and likenesses is a short-term win for the NCAA. But the decision also provides potential plaintiffs with ammunition to continue their attacks on the NCAA economic model. The sports industry should brace for an increasing wave of challenges to the NCAA amateur rules. Sponsors, advertisers and others who engage with NCAA athletics will need to continue to monitor these developments and evaluate their impact on these valuable relationships.

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cmo.com: Live Video-Streaming Apps Pose Legal Challenges For Content Owners - Published Article - 07/27/2015

by James L. Johnston

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Entertainment, Media & Sports Alert >> Live Video-Streaming Apps Pose Challenges for Sports and Entertainment Industries - Alert - 06/17/2015

Existing legal tools provide only limited protection for rights holders, such as professional sports leagues, broadcasters and award show producers, against the threats posed by Periscope and Meerkat. As these apps continue to develop, rights holders will need to look to technological tools and develop more engaging video streaming content themselves to ensure their audience’s loyalty. Stay tuned.

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Entertainment, Media & Sports Alert >> Cleveland’s Jock Tax is Ruled Unconstitutional - Alert - 05/28/2015

While the “jock tax” likely is not going away any time soon, courts are willing to find that states and cities can push too far in using professional athlete salaries to raise revenue. Professional athletes in the United States are faced with different methods of allocating their income to the states in which they compete, with the most common method being the “duty days” method. The Ohio Supreme Court recently ruled that the “games played” method, which the City of Cleveland had been using, is unconstitutional and required that the duty days method be followed instead. Armed with this decision, athletes and sports businesses should look for more challenges to methods of allocating income that vary from the duty days method.

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Entertainment, Media & Sports Alert >> Rise of Daily Fantasy Sports Presents Opportunities and Risks to Companies - Alert - 10/14/2014

The rapid growth of daily fantasy sports presents challenges not contemplated by online gambling regulations of UIGEA and a step into the unknown for media companies, marketers, sponsors and others looking to leverage this growing business.  But, recent developments show a softening of attitudes toward the daily fantasy business and online gaming in general.  Now may be the right time for companies, agencies, and even sports organizations to take a cautious step into this field.

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Brandweek//New FTC Asserts Itself - Press Mention - 04/27/2009

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Advertising, Marketing & Promotions Alert >> Arbitrator Levels Playing Field for SAG P&H Allocation Disputes - Alert -  07/07/2008

On June 11, 2008, an arbitrator issued his decision in an arbitration filed by the ANA-AAAA Joint Policy Committee on Broadcast Talent Relations (JPC), a committee made up of advertising agencies and advertisers, against SAG, determining that the SAG Pension & Health Funds Trustees (the Trustees) cannot unilaterally set pension and health allocations.

Howard Weingrad



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