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Judith B. Prowda Archives

April 14, 2009

Welcome from EASL's Vice Chair

It is profoundly gratifying to be serving as Vice-Chair – and soon to be Chair – at such an exciting time in our Section’s history. The launching of the Section’s Blog by our versatile Journal Editor and former Chair Elissa D. Hecker is the latest of our significant initiatives to serve our members. No doubt, the EASL Blog will set the standard for expert blogging on a diverse range of topics in the entertainment, arts and sports law fields. In no time, you’ll be opening the page with your morning coffee, or en route to court or a meeting, to check on the latest developments. Just another benefit to being an EASL member. I look forward to our venture into the Blogosphere!

Judith B. Prowda
Vice-Chair

February 20, 2010

Remarks from Judith Prowda, EASL Section Chair

Remarks from the Chair

I am honored and privileged to serve as the new EASL Chair for the next two years.

For the benefit of those who do not know me, I divide my professional life among academic, law practice and ADR services. I am Senior Lecturer in Art Law and Ethics & Policy in the Art Profession at Sotheby’s Institute of Art Masters of Art Business Program in New York. In my law practice, I concentrate in intellectual property, art and entertainment law, and represent artists, galleries and other arts organizations (not-for-profit and private), as well as authors and other creative individuals in publishing, as well as business entities in commercial transactions. In the past several years, I have also developed an ADR practice, and serve as mediator for the New York State Commercial Division and Volunteer Lawyers for the Arts, and as arbitrator for the American Arbitration Association.

I have very big shoes to fill, following our Immediate Past Chair Kenneth Swezey, who solidified our Section in the midst of challenging economic times.

During Ken's tenure as Chair he managed to bring the Section's budget out of the red and well into the black. He encouraged a redoubling of pro bono efforts within the New York City arts community. During his term, our Section launched the Entertainment, Arts & Sports Law Blog, which has become an important outlet for members of our practice area to share important legal developments from all corners of the entertainment business. Additionally, Section membership has increased, we have fostered ongoing relationships with important industry players, and we have sponsored, organized and presented many enormously popular CLE programs, including the Annual Entertainment Business Law Seminar in conjunction with CMJ.

Our Annual Meeting, held at the Hilton and co-chaired by our innovative and tireless Program Co-Chairs Tracey P. Greco-Meyer of dELIA*s, Inc. and Rebecca A. Frank of Patina Restaurant Group, was a resounding success, with two outstanding and timely panels. The first panel, titled “From Conception to the Public Domain or Perhaps to Infinity and Beyond: The Life Cycle of Fictional Characters,” was moderated by Jay Kogan, Vice President Business & Legal Affairs and Deputy General Counsel of DC Comics (and Co-Chair of EASL’s Copyright & Trademark Committee), and featured Neil J. Rosini, partner at Franklin, Weinrib, Rudell & Vassallo PC and Co-Chair of EASL’s Copyright & Trademark Committee; Edward H. Rosenthal, partner at Frankfurt Kurnit Klein & Selz PC; Joseph Salvo, Senior Vice President and Global General Counsel of Hit Entertainment; and Eric S. Brown, partner at Franklin, Weinrib, Rudell & Vassallo PC. The panelists engaged in a spirited discussion about character rights, how to license and expand a character’s image, and what happens when the character’s owner’s rights expire.

Our second panel, “Players Off the Field … How Do You Protect Your Client When Negotiating an Athlete-Driven Merchandising, Endorsement, or New/Traditional Media Deal?”, featured leading sports marketing and legal experts. Michael Bracken of Cowan DeBaets Abrahams & Sheppard LLC did a fantastic job moderating a talented panel, including Terry Prince, Director, Legal and Business Affairs, Creative Artist Agency Sports; Ethan Orlinsky, General Counsel, Major League Baseball; Stephanie Vardavas, Assistant General Counsel, Nike; and Peter Welch, Vice-President and Counsel, Take-Two Interactive Software.

In addition to Ken’s hard act to follow, I am also the third woman Chair of EASL, and have two pairs of very high heels to follow.

Our first woman Chair, Judith Bresler (2000-2002), my mentor and dear friend, is truly a leader and role model of excellence and accomplishment in the legal profession. Together Judith Bresler and I co-founded and co-chair the EASL Committee on ADR. Judith also initiated the BMI/Phil Cowan Memorial Scholarship for law students. She never ceases to amaze all of us with her capacity for fresh ideas.

Elissa Hecker, our second woman Chair (2004-06), was the recipient of the Young Lawyers Award in 2005, has been our Journal Editor for 10 years, started our widely read blog last year, and edited two EASL-related legal handbooks published by the Bar Association. Elissa also co-founded and is a member of the Pro Bono Steering Committee and has generated superb programs for EASL lawyers to donate legal services.

I look forward to working with a wonderful group of officers: Vice Chair Rosemarie Tully (and I point out that this is the first time EASL has had both a woman Chair and Vice-Chair), Treasurer Diane Krautz, Secretary Monica Pa; and Assistant Secretary Jason Baruch. I will continue to serve as a Delegate to the House of Delegates, along with Bennett Liebman and with David Faux as Alternate.

My first order of business as Chair-nominee was to nominate a District Representative for each of the 13 Judicial Districts in New York State – for the first time in EASL history! We will now hear voices from all around the State. This list of District Representatives (approved at the Annual Meeting) is as follows:

First Alan J. Hartnick
Second Innes Smolansky
Third Bennett Liebman
Fourth Edward Flink
Fifth Jaime Mavie Previte
Sixth Mark Dodds
Seventh Mark A. Costello
Eighth Leslie Mark Greenbaum
Ninth Alan D. Barson
Tenth Rosemarie Tully
Eleventh David Faux
Twelfth Lauren Fae Silver
Thirteenth Daniel C. Marotta

One of my goals is to focus on current legislation with a committed group of people (similar to our dynamic Pro Bono Steering Committee) and to make recommendations when appropriate. I would like the District Representatives to be involved in this effort. I have appointed Bennett Leibman to serve as Co-Chair with Steven Richman.

I am excited to announce that I have already formed four new Committees within EASL. First, I would like to recognize the outstanding work done by Judith Bresler (as mentioned above) and Gary Roth, who co-founded and co-chair the Phil Cowan Memorial/BMI Scholarship. Since its founding in 2005, the Scholarship has been awarded to student winners of a writing competition. By giving this Scholarship initiative the status of a Committee, we will strengthen our ties with law schools throughout the State and country and continue to find a talented pool of law students to participate in the competition.

In addition, mindful of the difficult job market affecting many of our members, I have formed a new and dynamic EASL Lawyers in Transition Committee and appointed as Co-Chairs Saryn Leibowitz and Leila A. Amineddoleh. As part of its mission, the EASL Lawyers in Transition Committee will hold programs (possible topics will include job search strategies, re-entering the job market, networking, mentoring) and create a job bank to connect job seekers and employers. As part of the mentoring program, the Committee will initiate a "lifeline" system, where a new attorney is matched with a more experienced attorney in order to learn the basics of practice that are not taught in law school. The EASL Lawyers in Transition Committee will also organize a series of informal breakfast panels/lectures, inviting attorneys from different areas of the entertainment, art and sports areas of practice to discuss their experience with our members. Possible topics include "Basics of the USPTO and Trademark Prosecution," "Trademark Docketing Systems," "Filing with the U.S. Copyright Office," and "Beginning an Action -- How to File a Complaint in County, State, and Federal Court."

The third new committee is the Digital Media Committee, co-chaired by Vejay Lalla and Andrew Seiden. The scope of this Committee will include all out-of-home media (i.e., non-traditional advertising venues apart from television, radio and theatrical motion picture).

The fourth new committee is the Ethics Committee, chaired by Pery D. Krinsky, who concentrates his practice on attorney ethics and criminal law. As part of its mission, the EASL Ethics Committee will address ethics issues encountered by attorneys in their day-to-day practice in the diverse fields of entertainment, art and sports law. Indeed, as the legal profession enters a new and more “global” decade, lawyers are facing challenging questions concerning when, where and how the “practice” and the “business” of law are interconnected. Many of these novel questions – having local, national and international dimensions – will need to be considered, some for the first time, in the context of the much anticipated, newly adopted “New York Rules of Professional Conduct” (effective April 1, 2009). In order to further examine some of these “high-impact” ethics issues, the EASL Ethics Committee will organize a series of informal discussions and formal (and always sought after) Continuing Legal Education ethics programs, inviting experts in the fields of entertainment, art, sports, criminal and ethics law to discuss multi-faceted ethics questions such as trans-jurisdictional lawyering, the unauthorized practice of law and multi-disciplinary practices.

I have also appointed Cameron Myler and Ken Swezey as new Co-Chairs of the Committee on Literary Works, and Edward Rosenthal and Barry Werbin to Co-Chair the Committee on Publicity, Privacy & Media.

One of the many strengths of EASL is our wide range of wonderful Committee programs, both CLE and non-CLE, which are usually held in NYC. I hope to make many of those programs available to members who are unable to attend through the creation of DVDs and webcasting. On March 24, 2010, I inaugurated this initiative by having a videographer tape the Committee on Fine Arts program entitled “Egon Schiele's Dead City: Current Issues In Nazi Art Looting and Recovery.” The program featured guest speaker Raymond Dowd, Esq. of Dunnington, Bartholow & Miller LLP.

Three years ago, the NYSBA President challenged each Section to grow by 10 percent by December 31, 2010. In 2008 EASL had 1,592 members. On February 2, 2010 our membership was at 1,689. Doing the math, we need only 58 new members to meet the three year, 10 percent challenge of 1,748 and I believe we can do that and more. I am hoping that we will top 2,000 members by the end of my term as Chair.

I look forward to serving as Chair of EASL, along with the other EASL Officers, members of the Executive Committee, and colleagues in Albany – Doug Guevara, Pam McDevitt, Carolyn Clayton, Lori Nicholl, Barbara Beauchamp – and everyone else.

I would like to hear from EASL members throughout the State and to invigorate the Section by extending its reaches to every corner of the State and beyond, and to work hard to serve not only EASL members, but the New York bar and the public.

July 8, 2010

Message from Judith B. Prowda, EASL Chair

I am pleased to announce the appointment of Kimberly Ayers Shariff, Esq. as Chair of EASL's newly formed In-House Counsel Committee. Kim is the Deputy General Counsel of Lincoln Center for the Performing Arts.

The mission of this Committee is to create a forum where members can share information and best practices, as well as address the unique opportunities, challenges and substantive issues that face attorneys practicing in-house in the entertainment, arts and sports law fields. One of the Committee's specific goals is to form an "open source" information bank where in-house attorneys can seek (as well as contribute) advice and substantive guidance akin to the attorney-to-attorney exchange of information that occurs in a law firm environment but less frequently in-house. To facilitate these goals, Kim is already planning programs of great interest to in-house and outside counsel in the entertainment, arts and sports law fields, in both the for-profit and not-for-profit arenas. Stay tuned for exciting events organized for the members of this new dynamic EASL committee!

If you are interested in joining this Committee, please contact Leslie Scully at lscully@nysba.org. You must be a member of the New York State Bar Association and the EASL Section in order to join any of the EASL committees. Please visit our website at http://www.nysba.org/.

Please join me in congratulating Kim and wishing her good luck in her Bar leadership!

July 13, 2010

Message from EASL Chair, Judith B. Prowda

By Judith B. Prowda

I am pleased to announce the appointments of Kathy Kim and Stephanie Vaidya as Co-Chairs of EASL's Young Entertainment Lawyers Committee. Kathy will also continue as Steering Committee Member of the Pro Bono Committee. Kathy, a trained dancer and singer, is an aspiring entertainment lawyer and theatrical producer. Currently, she is working with the producers of a Broadway-bound musical. Stephanie is an Associate at Withers Bergman LLP, where she works on a variety of projects involving art law.

EASL also welcomes two liaisons from the Young Lawyers Section - Jason Aylesworth and Ezgi Kaya. Jason is an Associate at Sendroff & Baruch, LLP, where he practices transactional entertainment and intellectual property law in the areas of theatre, music, film and television. Ezgi is an Assistant Vice President and Counsel in the Legal Department at Deutsche Bank AG. Previously, Ezgi was a Credit Associate at Davis Polk & Wardwell LLP.

Congrats to Kathy, Stephanie, Jason and Ezgi! We look forward to interesting and valuable programs for our members in the months ahead.

August 3, 2010

Message from the Chair, Judith B. Prowda

I am pleased to announce the appointments of Kathleen J. Wu, Esq. and Matthew Pace, Esq. as Co-Chairs with Ayala Deutsch, Esq., of EASL's Sports Law Committee.

While Anthony Dreyer has decided to step down as Co-Chair of the Sports Law Committee after 5 years of service, we are fortunate that he will continue his outstanding leadership in the annual Fordham Sports Law Forum, which has been co-sponsored by EASL for the past 5 years. Anthony is a partner at Skadden where his practice concentrates in all aspects of intellectual property and sports law matters.

Ayala is Senior Vice President & Chief Intellectual Property Counsel of NBA Properties, Inc., the marketing and licensing arm of the National Basketball Association.

Kathleen is a partner at Andrews Kurth and practices out of the firm’s Dallas and New York offices. Kathleen’s practice is concentrated in the areas of real estate, finance and general business transactions. She is also the General Counsel to the United States Tennis Association-Texas Section. Kathleen has received numerous awards, and was recently selected as one of only 30 "Extraordinary Women in Texas Law."

Matthew is Counsel at Herrick Feinstein in the firm’s Sports Law practice. He has over 20 years of professional experience working for and representing some of the biggest players in the sports and entertainment industry. Matthew currently represents sports leagues and teams, sponsors and properties, sports technology companies, investors, licensees and licensors and sports marketing and promotions agencies.

With this first-of-a- kind sports triumvirate - Ayala, Kathleen and Matthew - EASL has a winning team!

Judith B. Prowda
Chair
Entertainment, Arts & Sports Law Section
New York State Bar Association

August 15, 2010

Message from Chair Judith B. Prowda

I am pleased to announce the appointment of Justice Barbara Jaffe as Co-Chair with Judith Bresler, Esq. and Gary Roth, Esq. of the Phil Cowan Memorial Scholarship Committee.

Justice Jaffe is an acting justice of the New York State Supreme Court. A long time member of the NYSBA, Justice Jaffe recently joined the EASL Section. She has represented the City Bar as a Delegate to the NYSBA's House of Delegates. She is on the Founding Faculty of the New York County Lawyers (NYCLA) Art Litigation and Dispute Resolution Institute and presently serves on NYCLA's Committee on Lesbians, Gays, Bisexuals, and Transgendered Issues. Justice Jaffe co-chairs the Professional Ethics and Discipline Committee of the New York Women's Bar and has served on its Board of Directors. She is also a member of the New York City Bar Association's Art Law Committee.

Judith Bresler is Of Counsel to Withers Bergman LLP, where her practice focuses on the law and business of art. She is co-author of the award-winning treatise Art Law: The Guide for Collectors, Investors, Dealers and Artists (First, Second and Third Editions) and Adjunct Professor at New York Law School. She is also a co-founder and Co-Chair of EASL's Alternative Dispute Resolution Committee.

Gary Roth is Assistant Vice President, Legal & Business Affairs, Performing Rights, of BMI. He oversees all matters relating to deceased BMI affiliates, as well as issues concerning levies, claims, divorces, assignments and other topics affecting royalty payments.

The Phil Cowan Memorial/BMI Scholarship was created by EASL, in partnership with BMI, in memory of Cowan, an esteemed entertainment lawyer and a former Chair of EASL. The Scholarship fund offers up to two awards of $2,500 each on an annual basis in Phil Cowan's memory to a law student who is committed to a practice concentrating in one or more areas of entertainment, art or sports law.

This year, for the first time, all students who submit a paper for consideration will automatically receive a free membership in EASL (with all the benefits of an EASL member) for a one year.

For information about the Scholarship, please visit http://www.nysba.org/AM/Template.cfm?Section=Law_Student_Writing_Competitions and http://nysbar.com/blogs/EASL/

Please join me in welcoming Justice Jaffe as Co-Chair of the Phil Cowan Memorial Scholarship Committee and look forward to many student submissions!

August 24, 2010

Message from the Chair - Judith B. Prowda

I am pleased to announce the appointments of Elisabeth Conroy, Eva Dickerman and Jenna Bass Levy as EASL’s first Law Student Liaisons for the 2010-2011 academic year. As Law Student Liaisons, they will attend EASL Executive Committee meetings, participate in the lively exchange of ideas with EASL colleagues, assist with EASL programs and serve as the voice for their fellow classmates.

Elisabeth Conroy is currently in her first year of law school at the Syracuse University College of Law. She graduated magna cum laude from Syracuse University (’08) where she majored in Art History. She then completed her Master of Arts in Art Business at Sotheby's Institute of Art - New York (’09) and wrote a Master’s Thesis entitled, “The Evolution of the Chinese Contemporary Art Market.” Elisabeth's interests include traveling, reading historical non-fiction, 18th century French art, and studying Mandarin.

Eva Dickerman is a second year student at Columbia Law School where she has been designated as a Harlan Fiske Stone Scholar and serves on the editorial staff of the Columbia Journal of Law and the Arts. Eva received her B.A. from Harvard University (’08), where she graduated Phi Beta Kappa, and Magna Cum Laude with Highest Honors in History. Before entering law school, Eva worked in the entertainment and film industry. This past summer she was a Summer Associate at Davis Wright Tremaine LLP. Eva has a long-standing interest in the arts and received a Degree with Distinction from the Pre-College Division of the Juilliard School with a focus in violin performance.

Jenna Bass Levy is a second year student at the New York University School of Law where she is a staff editor for the Annual Survey of American Law and Co-Chair of the Intellectual Property Entertainment Law Society Arts Committee. She spent this past summer interning for the legal department at the Solomon R. Guggenheim Foundation. Jenna is a summa cum laude graduate of the University of Pennsylvania ('08) where she studied political science and art history. She enjoys attending art exhibitions, photography and traveling.

Please join me in welcoming Elisabeth, Eva and Jenna as EASL’s first Law Student Liaisons!


September 6, 2010

Remarks from EASL Chair Judith B. Prowda

My first few months as Chair have been exciting and eventful as we move forward with new initiatives and build on past achievements. In July, I formed an In-House Counsel Committee and appointed Kimberly Ayers Shariff, Esq. as Chair. Kim is the Deputy General Counsel of Lincoln Center for the Performing Arts. The mission of this Committee is to create a forum where members can share information and best practices, as well as address the unique opportunities, challenges and substantive issues that face attorneys practicing in-house in the entertainment, arts and sports law fields. One of the Committee’s specific goals is to form an “open source” information bank where in-house attorneys can seek (as well as contribute) advice and substantive guidance akin to the attorney-to-attorney exchange of information that occurs in a law firm environment but less frequently in-house. To facilitate these goals, Kim is already planning programs of great interest to in-house and outside counsel in the entertainment, arts and sports law fields, in both the for-profit and not-for-profit arenas.

As ever, our committee programs and pro bono activities filled the Winter, Spring and Summer calendars.

In March we co-sponsored the annual Sports Law Forum with Fordham Law School, as we have been doing since 2005. This year, the day-long program featured keynote speaker John P. McEnroe, Sr., Esq., and high level panels addressing some of the most cutting edge legal topics affecting sports, such as licensing, the legality and impact of age restrictions, and salary arbitration. EASL Sports Law Committee Co-Chair Anthony Dreyer and the student organizers at Fordham, especially Cassie Mullman, Managing Editor of the Sports Law Forum, deserve high praise. Also in March, the Fine Arts Committee which I chair, held a very informative program on Holocaust looted art and recovery, focusing on Bakalar v. Vavra, 2008 U.S. Dist. LEXIS 66689 (S.D.N.Y. 2008), the first Holocaust-era art recovery trial in the U.S. In that case, the District Court found that passing the artwork in question through Switzerland gave it clean title. Our guest speaker Raymond Dowd, Esq., partner at Dunnington, Bartholow & Miller, who recently argued the case before the Second Circuit on behalf of the Defendants-Appellants, presented the legal and evidentiary obstacles to litigating Holocaust-era expropriation and provided legal practitioners with basic tools to assemble evidence and prove Nazi property looting. This sold-out program was held at Sotheby’s Institute of Art, where I am a senior faculty member, and was followed by an elegant reception.

Our biennial Popcorn & Ethics Program with Mark Solomon in April proved to be a resounding success, focusing on the recently adopted “New York Rules of Professional Conduct” (effective April 1, 2009). The audience participated in a lively discussion on ethical dilemmas cleverly illustrated in film clips, and enjoyed popcorn at intermission. Many thanks to Program Co-Chair Tracey Greco and everyone who worked on this excellent program worth 4 CLE credits in Ethics. Whether or not you attended this program, I urge you to read Monica Pa’s excellent blog summarizing key points covered, located on the EASL Blog at http://nysbar.com/blogs/EASL/.We also co-sponsored the program CopyRight and Risk in Film Practice with the Young Professionals Division of the Copyright Society of the U.S.A. in April. This free program was a bonus to our members and wonderful opportunity to network and hear from some experts in the film industry. Thanks to the generous support of the Cardozo Intellectual Property Society, our members enjoyed an open bar and snacks as well.

If you had any gnawing questions about the intricacies of copyright term issues around the world, you were fortunate to have attended the comprehensive program in April organized by Jay Kogan and Neil Rosini, Co-Chairs of the Copyright & Trademark Committee. Dennis Angel, noted authority on United States and foreign copyright law, gave a thorough overview of this complex subject. The Committees on Motion Pictures (Stephen Rodner and Mary Ann Zimmer) and Television & Radio (Pamela Jones and Barry Skidelsky) co-sponsored two back-to-back programs this spring. An enormously successful luncheon 2 CLE credit program featuring Stan Soocher, Editor-in-chief, Entertainment Law & Finance was held at Pryor Cashman on May 26th. On June 16th, these Committees co-sponsored another program, this time with the Copyright & Literary Property Committee of The City Bar, regarding the use of music in digital media, with speakers David Oxenford and Robert Driscoll of Davis Wright Tremaine LLP. T) The City Bar hosted this long-awaited event, which had been postponed last February due to the blizzard.

Pro bono continues to be one of the highest priorities of the NYSBA and EASL and our Pro Bono Committee is working hard under the guidance of its Steering Committee (comprised of Elissa Hecker, Pippa Loengard, Carol Steinberg, Monica Pa and Kathy Kim) in its Spring programs. Over the course of the Spring, the Pro Bono Committee and the Brooklyn Arts Council co-sponsored a pro bono lecture on copyright and trademark basics for artists and art organizations, at the DeKalb branch of the Brooklyn Public Library, held a Pro Bono Clinic for the Dramatists Guild (co-sponsored by the IP Section and hosted by the Intellectual Property Society at New York Law School), and offered a highly successful non-CLE program focusing on setting up and running an art business, which was held at the School of Visual Arts. More information about these and future EASL Pro Bono Committee programs and Clinics can be found in the Pro Bono Update. Please mark your calendar for future events!

Our summer season has also offered a wide range of programs. In July, EASL’s Music and Recording Industry Committee co-sponsored the New Music Seminar (NMS), held on three days in New York City. The program included several invitation-only summits which provided a high-level forum for dialogue about the challenges the music industry is facing. In one summit, panelists (Tom Silverman, Adam Ritholz, Jim Cooperman and venture capitalist David Pakman) discussed key developing legal and deal-making issues, such as emerging structures of recorded music agreements and emerging economic models. Please see the “New Music Seminar Report” by EASL’s blogger extraordinaire, Monica Pa, for a terrific overview of the event. Kudos to Alan Barson and Christine Pepe, Co-Chairs of the Committee on Music and the Recording Industry, for developing this exciting co-sponsorship opportunity. Look for the Committee’s expanded involvement with NMS in 2011!

On August 6th, the In-House Counsel Committee and Lawyers in Transition Committee held a breakfast panel on the transition to in-house careers. In-house jobs are in high demand and, among other topics, this panel discussed how to get an in-house position, how to best prepare, and what you can expect as in-house counsel. The program was led by In House Counsel Chair Kim Shariff and EASL Lawyers in Transition Co-Chair, Saryn Leibowitz. Panelists included Tracey Knuckles, General Counsel, New York City, Department of Cultural Affairs and Meg Louis, Director of Legal Affairs/Senior Counsel for NYC Media. This program was held at Frankfurt Kurnit Klein and Selz, PC.

Looking forward to the fall, the Pro Bono Committee and Fine Arts Committee are co-sponsoring a joint program with Cardozo’s Intellectual Property Program and Cardozo’s Art Law Society, on legal issues in producing and presenting public art. Our speakers will be Katie Hollander, Deputy Director of Creative Time and Judi Church, Counsel to Creative Time. This non-CLE program and reception will be held at Cardozo on September 15th from 6-8 p.m.

This year, EASL’s ADR Committee, co-chaired by Judith Bresler and myself, is co-sponsoring a full day CLE program with the NYSBA Dispute Resolution Section. The program, which will be held on October 12th at Fordham Law School, will offer six CLE credits, including one Ethics credit. The morning session will be devoted to mediation on an art-related topic, and will feature highly trained mediators in an interactive role play with members of the audience rotating in as the disputing parties. An experienced mediator will serve as a commentator and stop the action in a “freeze frame” fashion at teachable moments throughout the mediation and invite discussion. After lunch, an entertainment law-related program on arbitration will be conducted in a similar teaching format. We hope that this highly interactive, largely unscripted program will provide excellent training for all levels of ADR practitioners.

Our Fall Meeting will be held on October 22nd, our fourth year in conjunction with the CMJ Music Marathon & Film Festival. There will be panels on ethics, right of publicity, copyright termination rights, mobile apps and gaming, international issues in digital licensing overseas and distribution, and agreements with minors. Breakout panels will include the latest developments in mobile tv issues and film deals. Hope to see you there!

As most of you know, it is a priority of mine as Chair to vitalize EASL throughout the State and have appointed a District Representative in each of the 13 Judicial Districts in New York State. To accomplish my goal, I share the good news that I have appointed two District Representative Leaders – Leslie Greenbaum for Upstate and David Faux for Downstate – to serve as points of contact for District Representatives if they have any questions on how to go about organizing a program in their District. Both Les and David have done extraordinary work in creating programs and making connections in their Districts. I would like all District Representatives to be involved in this manner, and I am delighted that Les and David have agreed to help in this effort. Les will be the point of contact for the 3rd, 4th, 5th, 6th, 7th and 8th Districts. David will be the point of contact for the 1st, 2nd, 9th, 10th, 11th, 12th and 13th Districts.

Another wonderful piece of news is that I have appointed Kathy Kim to serve as Co-Chair of the Young Entertainment Lawyers Committee with Stephanie Khalifa. Kathy will also continue as Co-Chair of the Pro Bono Committee. In addition, EASL welcomes two liaisons from the Young Lawyers Section – Jason Aylesworth and Ezgi Kaya. I hope that our Sections will plan interesting and valuable programs for our Members.

Hope you had a wonderful summer!

Message from EASL Chair Judith B. Prowda

I am pleased to announce the appointment of Diane Krausz as a member of the New York State Bar Association Committee on Continuing Legal Education. Diane is the first EASL representative to serve on the NYSBA CLE Committee. During her three-year term, Diane will attend meetings in New York and Saratoga twice a year and make recommendations on CLE programs and policies. The CLE Committee is one of the most important committees within the NYSBA since its members advise and inform the content and direction of NYSBA CLE programs.

Diane is a long-time member of the EASL Executive Committee, and serves as EASL Treasurer as well as Co-Chair of the Theater and Performing Arts Committee. During her more than two decades practicing law, Diane has represented many leading performers, writers, producers, composers, filmmakers, music publishing interests, talent representatives, writers, actors and directors in the theatre, film, television and motion entertainment industry, including emerging media production companies. A Wharton School of Business and Fordham Law graduate, Diane is also trained and qualified as a Certified Public Accountant. In addition to her work with EASL, Diane is a member of the League of Professional Theatre Women, the Finance Committee of the Friars Club, and New York Women in Film and Television.

Congratulations Diane! We look forward to your excellent representation of EASL within the NYSBA CLE Committee.

September 15, 2010

Message from EASL Chair Judith B. Prowda

I am pleased to announce the appointment of Jason Aylesworth as EASL's liaison to the Dispute Resolution Section. Jason also serves as the Young Lawyers Section's liaison to EASL as well.

Jason is an Associate at Sendroff & Baruch, LLP, where he practices transactional entertainment and intellectual property law in the areas of theatre, music, film and television. Jason received his undergraduate degree from Fordham University, and his juris doctorate from Touro Law Center. While in law school, Jason served as President of Touro's Alternative Dispute Resolution Society. As an active participant in numerous American Bar Association ADR competitions, Jason won both the Negotiation Competition and Arbitration Competition at his school and placed second in the Client Counseling Competition. In addition to representing his school in the regional ABA Negotiation Competition in New York and ABA Arbitration Competition in Oklahoma, he competed successfully in two regional ABA Mediation Competitions.

Thank you Jason for serving as the liaison among the Young Lawyers, Dispute Resolution and EASL Sections!

September 28, 2010

Message from EASL Chair Judith B. Prowda

I am pleased to announce the appointment of Emily Miranda Galindo as an EASL Law Student Liaison for the 2010-2011 academic year. Law Student Liaisons attend EASL Executive Committee meetings, participate in the lively exchange of ideas with EASL colleagues, assist with EASL programs and serve as the voice for their fellow classmates.

Miranda is a second year student at Fordham Law School, where she is studying intellectual property. At Fordham, Miranda co-founded a student group that examines the legal issues within indigenous communities. She is also a Competitor on Fordham’s Jessup Moot Court Team. This past summer she was Professor Sonia Katyal’s Research Assistant on a project examining cultural property issues in the indigenous context. Miranda graduated from Brown University in 2006 with a B.A. in Public Policy and American Institutions. At Brown, she was a member of Mezcla, the Latino performing arts troupe. After Brown she became a Coro Fellow in Public Affairs in New York City. Miranda comes from a family of artists and entertainers and enjoys painting and photography and performing with Teatro Pachuco throughout Mexico and Europe.

Message from EASL Chair Judith B. Prowda

I am pleased to announce the appointment of Jessica Thaler as Co-Chair of EASL’s Membership Committee with Rosemarie Tully (EASL’s Vice-Chair and District Representative from the 10th District). Jessica’s law practice includes counseling clients in connection with corporate and commercial transactions, including mergers and acquisitions, lending and finance, development and cooperation, services, real property and licensing. She is an active member of NYSBA and serves on the NYSBA Membership Committee and the Committee on Lawyers in Transition, and is a member of the Business Law and Corporate Counsel Sections. Jessica graduated cum laude from UCLA and received her J.D. from Fordham University School of Law.

Please join me in welcoming Jessica to the EASL Executive Committee. We look forward to working together to build our membership.

November 1, 2010

Message from EASL Chair Judith B. Prowda

By Judith B. Prowda

I am pleased to announce the appointment of Irina Tarsis as an EASL Law Student Liaison for the 2010-2011 academic year. Law Student Liaisons attend EASL Executive Committee meetings, participate in the lively exchange of ideas with EASL colleagues, assist with EASL programs and serve as the voice for their fellow classmates.

Irina is a third year law student at Benjamin N. Cardozo School of Law Cardozo Law School, where she is Associate Editor of the Cardozo Journal of Conflict Resolution. In 2008, Irina co-founded Cardozo’s Art Law Society and serves as its Co-President. She received her B.S. in International Business from University of Virginia in 2001 and her Master of Liberal Arts in Art History from Harvard University in 2009. Her Master thesis, entitled "Laws and Lithographs: Seeing Imperial Russia through Illustrations of Civil Uniforms in Complete Collection of Russian Laws," was published in Slavic & Eastern European Information Resources. Irina has also published on the subject of book history and provenance of rare Russian books.

Please join me in welcoming Irina as an EASL Law Student Liaison!

April 27, 2011

Diversity Committee

I am pleased to announce the formation of the Diversity Committee, chaired by Anne Atkinson. Anne was recently appointed as Co-Chair of the Membership & Diversity Committee, which has been split into two Committees, with Rosemarie Tully and Jessica Thaler as Co-Chairs of the Membership Committee and Anne as Chair of the Diversity Committee.

Anne, who is a new member of the EASL Executive Committee, is also a member of the Executive Committee of the NYSBA Corporate Counsel Section, where she has been involved in diversity initiatives. Anne is Of Counsel in the Entertainment, Media and Communications Group at Pryor Cashman. Anne's practice focuses on film and television finance and production.

I encourage you to join EASL's newly formed Diversity Committee. If you wish further information, please contact Anne Atkinson at aatkinson@pryorcashman.com.

I also urge you to become involved in our Membership Committee. If you have any ideas or questions about membership, please contact Rosemarie Tully at rosemarie@tullylaw.com and Jessica Thaler at jessicathaler@gmail.com. Stay tuned for our wine tasting dinner, which will be held in the fall.

August 5, 2011

Message From the Chair

I hope everyone is enjoying the summer. I am delighted to announce two recent appointments to the EASL Executive Committee.

Judith B. Bass has been appointed as Co-Chair of EASL's Literary Works Committee. Judy is a media and entertainment lawyer with a solo practice who represents a variety of creative artists and producers in film, television, theater, publishing, licensing and the visual arts. She has worked, among other places, as an attorney and business affairs executive at Time Inc., CBS and Marvel Enterprises. An article about her practice entitled "Adding a Personal Touch for Less: Media Dealmaker Thrives Outside the Corporate World" appeared in the February 26, 2007 issue of Crain's New York Business. Her article entitled "Cariou v. Prince: Fair Use or Unfair?" will be published in the Summer 2011 issue of the EASL Journal.

Cheryl Davis has been appointed as Co-Chair of EASL's Diversity Committee. Cheryl is a partner at Menaker & Herrmann LLP, where her practice focuses on intellectual property matters (particularly copyright and trademark cases), employment, and real estate/construction related matters. She is also a published playwright whose work has been frequently read and performed nationally. Her play about the desegregation of the nations' school system, The Color of Justice, which was commissioned by Theatreworks/USA, received critical acclaim and tours regularly. Cheryl is the recipient of a Writers Guild Award for her work on the daytime dramatic serial As The World Turns.  Her musical Barnstormer received a Jonathan Larson Performing Arts Foundation Award and was in developmental production at the Red Mountain Theatre in Birmingham, Alabama in January 2010.

Warm welcome to Judy and Cheryl!

August 19, 2011

Message from the Chair Judith B. Prowda

I am delighted to announce the appointment of our first out-of-state Law Student Liaison, Aaron E. Rosenthal, who will be entering his 3rd year at DePaul University College of Law in Chicago. Like his fellow Law Students Liaisons, Aaron will attend EASL Executive Committee meetings, engage in the lively exchange of ideas with EASL colleagues, assist with EASL programs and serve as the voice for his fellow classmates.

Aaron is the current President of the Art and Cultural Heritage Law Society at DePaul. His work during law school has included a clerkship at the Chicago History Museum and an internship with The Lawyers' Committee for Cultural Heritage Preservation. Last spring, he participated in DePaul's National Cultural Heritage Law Moot Court Competition as a member of the Ghost Team, and drafted a section of the bench memo.

Aaron received his Bachelor's degree from Brown University in Old World Art and Archaeology, and his Master's degree in Art Business from the Sotheby's Institute of Art - New York. His Master's thesis; " Sellers of Ancient Art, the illicit trade in antiquities and CPAC: Kill or Cure?", focused on the development of bilateral trade agreements between the United States and archaeological source nations, and their effect on New York's market for antiquities.

September 9, 2011

Message from EASL Chair Judith B. Prowda

I am delighted to announce the appointment of Megan Laurel Maxwell as Co-Chair of EASL's Digital Media Committee. Megan will manage EASL's social media accounts, starting with Twitter. EASL's Twitter account can be found here: http://twitter.com/#!/nysbaeasl.

Megan is the Associate General Counsel and Editor in Chief, Museum Publications at Seaport Museum New York (formerly South Street Seaport Museum). She is responsible for managing all legal matters at the museum, such as the intellectual property audit, employment and human resources, and corporate governance. In addition, Megan oversees all of the museum's publications, including the quarterly magazine Seaport and the museum's social media accounts. Megan started the museum's Twitter account (@seaportmuseumny) in 2009 and it has grown to over 1,500 followers.

Megan received her B.A., magna cum laude, from the University of Southern California and her J.D., cum laude, from Santa Clara University. She also holds a M.A. in Art Business from the Sotheby's Institute of Art, where she is currently Adjunct Faculty. In addition, Megan's article "von Saher v. Norton Simon Museum of Art: The Validity of Laws Affecting Holocaust-Era Looted Art and the Statute of Limitations" was published in the summer 2009 issue of New York State Bar Association Entertainment, Arts and Sports Law Journal.

Welcome aboard Megan! We look forward to your EASL tweets.

September 30, 2011

Remarks from the Chair

By Judith B. Prowda

There have been several exciting new developments this spring. One of EASL's most pressing themes is diversity. In response to President Vincent Doyle's initiative, EASL was among the first Sections to form a Diversity Challenge Team, initially comprised of Anne Atkinson, Rakhi Bahadkar, Elissa Hecker, Jessica Thaler, Rosemarie Tully and myself. As a member of the House of Delegates, I was thrilled to hear our Section lauded for our commitment to diversity at the House of Delegates meeting on June 25th.

We were already focusing our attention to diversity, creating a Diversity Committee in early spring, chaired by Anne Atkinson. Anne was recently appointed as Co-Chair of the Membership & Diversity Committee, which has been split into two Committees, with Rosemarie Tully and Jessica Thaler as Co-Chairs of the Membership Committee and Anne as Chair of the Diversity Committee. Anne will be building on her experience on the Executive Committee of the NYSBA Corporate Counsel Section, where she has been involved in diversity initiatives. Rosemarie and Jessica will continue in their roles building membership, which continues to grow as attorneys recognize the enormous value of EASL in their practices. In the coming year, we will be developing a comprehensive diversity plan, including expanding diversity of Section membership through CLE programs and other events such as networking opportunities. We are committed to participating fully in President Doyle's Diversity Challenge and welcome your ideas of how we can achieve our goals. Throughout the spring, the Section has held numerous programs of importance. An excellent double-feature on entertainment law was held in May. Professor Stan Soocher of the University of Colorado, Denver, presented two informative and lively programs. On May 16th he discussed legal developments in the film and television industries in a program organized by the Motion Pictures Committee (Steve Rodner and Mary Ann Zimmer, Co-Chairs) and the Television & Radio Committee (Pamela Jones and Barry Skidelsky, Co-Chairs). The following week, Professor Soocher delivered his essential lecture, "Entertainment Law - Year in Review", at our Spring Meeting on May 24th, which was organized by EASL Program Co-Chair Tracey Greco Meyer.
Our Theatre and Performing Arts Committee (Diane Krausz and Jason Baruch, Co-Chairs) hosted a program on June 20th, entitled "Revisiting Form D - Theatrical Offerings and What You Need to know," featuring attorneys Gary Emmanuel and Mark Beigelman. This event was held at UBS.

In April, our Fine Arts Committee, which I chair, organized a behind the scenes tour of Sotheby's, Inc., where we met with auction house specialists and toured the American Art and Photography exhibits. The following month, we held a panel, entitled "Fair Use and Visual Art: Recent Developments," which I moderated. This was a lively and engaging discussion on two recent cases focusing on copyright infringement and fair use involving photographers and visual artists: Patrick Cariou v. Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian, and Rizzoli International Publications, Inc., 2011 U.S. Dist. LEXIS 29070 (S.D.N.Y. Mar. 11, 2011); and Shepard Fairey and Obey Giant Art v. The Associated Press, Civil Action No.: 09-01234, filed 2/9/09 (S.D.N.Y.). Panelists included Judith B. Bass (Law Office of Judith B. Bass), Daniel Brooks (Schnader Harrison Segal & Lewis LLP), Meir Feder (Jones Day), and Claudia Ray (Kirkland & Ellis LLP).

The following month, the EASL Lawyers in Transition Committee (Leila Amineddoleh, Stephanie Khalifa, Co-Chairs) joined forces with the Fine Arts Committee to offer an informative program on cultural heritage property, entitled "A Snapshot of Cultural Heritage Property Law." This popular event featured Evan Barr (Steptoe & Johnson), Darlene Fairman (Herrick Feinstein) James McAndrew (former Senior Special Agent with U.S. Department of Homeland Security and currently Forensic Specialist at the law firm of Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP); and Jane Levine (Senior Vice President and Worldwide Director of Compliance for Sotheby's).
In late spring we participated in a full day joint CLE program co-sponsored by EASL, the Intellectual Property Section and the NYSBA Committee on Continuing Legal Education. This program, entitled "Putting it Together: An Introduction to Entertainment Law Practice," was co-chaired by Diane Krausz and Kimberly Ayers Shariff (Chair, EASL's In-House Counsel Committee). Among the featured participants in this program were Howard Siegel (Former Chair), Stephen B. Rodner (Co-Chair, EASL's Motion Picture Committee), Marc Jacobson (Founding Chairman), Carla Miller (Vice President, Business and Legal Affairs, Universal Music Group), Tom Ostertag (Senior Vice President and General Counsel, Major League Baseball), Stanley Pierre-Louis (Vice President, Associate General Counsel, Intellectual Property & Content Protection, Viacom Inc. and Co-Chair, EASL Litigation Committee), Lesley Rosenthal (Vice President and General Counsel, Lincoln Center for the Performing Arts, Inc.), Mark Merriman (Frankfurt, Kurnit, Klein & Selz, P.C.), Carter Ann McGowan (Sendroff and Baruch, LLP), and Hal Lieberman (Hinshaw and Culbertson, LP). The panels were expertly moderated by Rosemarie Tully (Vice Chair), Kimberly Ayers Shariff, Diane Krausz and Jason Baruch.

Our partnership with the New York Foundation for the Arts (NYFA) continues to blossom. On June 25th, the Pro Bono Committee provided speakers from the EASL Section for NYFA's Artist as Entrepreneur Boot Camp on copyright, contract, and trademark law, and organized breakout groups for various arts disciplines. Future collaborations between EASL and NYFA will include a program on Insurance Law Issues for NYFA's BUILD Program recipients (grant to help dance companies increase their administrative capacities) and pro bono litigations. EASL is also running a Pro Bono Clinic on August 10th for qualifying NYFA members. (Please see the Pro Bono Update for details).

On a more social note, Jessica Thaler, Co-Chair of our Membership & Diversity Committee, organized a splendid wine tasting at Villa Berulia in Manhattan in June. The restaurant paired a different wine with each of five courses. It was such a success that we will be holding similar events in the future.

It's an ongoing pleasure to welcome new liaisons from the Young Lawyers Section for the 2011-2012 term - Ethan Boardman, Jaimie Glover and Rakhi Bahadkar. This makes a grand total of five YLS liaisons, including Jason Aylesworth and Ezgi Kaya for the 2010-2011 term. Our enthusiastic Young Lawyers Liaison Committee organized a first ever Bowl and Mingle event on May 16th, which almost instantaneously sold out and was a rousing success. It was great fun, but please don't ask me my score!

Looking forward to the fall, we have a number of terrific events already in the works. A fabulous CLE program on financing in the sports and entertainment industries will be held during the week of September 19th. Speakers include a sports banker and an entertainment banker, a lender's counsel and a borrower's counsel. Jessica Thaler, who organized the outstanding panel, will also serve as Moderator.

Of course, the fall would not be complete without our Fall Program. Stay tuned for details about our events

In closing, I note several transitions in the Executive Committee. Bennett Liebman will be leaving his position as Co-Chair of the Legislation Committee in order to accept a position in State government. Bennett has been a steady and reliable EASL resource in Albany for many years, with extraordinary insight into legislative matters. Bennett has also served on the House of Delegates with distinction. Hopefully, Bennett will continue in his role as District Representative from the Third Judicial District. Tracey Greco Meyer stepped down as Program Co-Chair after five years of excellent service. We wish her well in her new position as Corporate Counsel and Director, Product Compliance at Ross Stores, Inc. I also acknowledge our outgoing Program Co-Chair Rachel DeLetto, who did such a fabulous job on the 2010 CMJ-EASL Fall Program. Our new Program Co-Chairs are Diane Krausz and our Liaison from the Young Lawyers Section, Ethan Boardman. Another wonderful addition to our Executive Committee is Judith B. Bass as Co-Chair of EASL's Literary Works Committee with Ken Swezey. In addition, our energetic and resourceful Law Student Liaison from Cardozo, Irina Tarsis, has been appointed as Litigation Coordinator for EASL's Pro Bono Committee, replacing Monica Pa, who stepped down early this year to accept a position at Disney in Los Angeles.

Finally, I thank our trusted liaisons in Albany, Dan McMahon and Leslie Scully, who have worked alongside many of us for the past year and a half. Although they are sadly leaving us as liaisons, they will fortunately continue to work with us on publications. We look forward to a productive relationship with Tiffany Bardwell, our new Section Liaison. Warm welcome to Ethan, Irina, Judy and Tiffany!

I hope to see many of you at our events in the fall! Please continue to e-mail me your ideas at judithprowda@aol.com.

November 29, 2011

From Chair Judith B. Prowda - Additional EASL Law Student Liaisons for 2011-2012

I am delighted to announce the appointments of the following 6 additional Law Student Liaisons for the 2011-2012 academic year.

Megan Bellamy is a law student at BPP Law School in London, where she is also a student adviser on employment matters for the BPP Legal Advice Clinic. She is currently interning at the National Coalition Against Censorship and the law firm White Fleischner & Fino. Megan has also interned at the Art Loss Register, where she helped the recoveries team address legal issues surrounding the return of stolen art. In addition, she worked as a legal assistant at several law firms in the UK, U.S.A. and New Zealand. Megan holds a BA (Hons) in Geography from Durham University, England, a Diploma in Art and Design from Chelsea College of Art and Design in London, and is a member of the Institute of Art and Law in London. During her undergraduate studies, Megan was a member of the Durham Arts Festival Committee where she helped organize Durham's first arts festival, and has worked in an art gallery and at a creative design agency.

Peter Dagher is a 1L at Fordham. He spent the year prior to law school at as a paralegal in the Litigation Department at Paul Weiss LLP. Peter received his undergraduate degree from Georgetown University and majored in both Finance and International Business. As an undergraduate, he interned at several government institutions, including the International Conservation Caucus Foundation (a NGO which promotes educational events between private conservation groups and Congressional staffers) and the Department of the Treasury. He also worked at the Export-Import Bank in the International Business Development Department in the areas of Environmental Exports and Sub-Saharan Africa.

Caitlin Dempsey is a 2L at Fordham, and over the summer she clerked with the Chief Justice of the Supreme Court of Ireland. She presently serves as a research assistant to Professor Sonia Katyal in the area of intellectual property, and as secretary of Fordham Law Women. A triple major at Northwestern, Caitlin studied politics, art history and legal studies while doing internships at the Whitney, as well as two boutique law firms and the New York City Law Department. She also spent a year at the London School of Economics studying international government and interning at Art Review Magazine and Bloomsbury Auctions. She was awarded "thesis of distinction" for her study of the cooperation of the art world and governments to create guidelines on the repatriation of Nazi era stolen art.

Kibum Kim is an adjunct faculty member at the Sotheby's Institute of Art and a freelance writer whose work has appeared in The New York Times, Salon, and Foreign Policy. He received his B.A. in English and Economics from Georgetown and his JD from the NYU School of Law. He is awaiting admission to the New York State Bar.

William A. Lorenz, Jr., is a 3L at the State University of New York at Buffalo Law School. He hopes to eventually combine his passion for sports and entertainment with a career in law. William is the current Justice of Phi Alpha Delta Law Fraternity, International (Alden Chapter) at UB, and is also Vice President of UB's Entertainment for the Sports & Entertainment Law Society. His work during law school has included summer internships in the legal department of World Wrestling Entertainment (WWE) in Stamford, CT, and the Appeals Bureau of the Erie County District Attorney's Office in Buffalo, NY. He has extensive mock trial and moot court experience, and last spring competed in the Jessup International Law Moot Court Competition in New York City while coaching a mock trial team for Phi Alpha Delta. William received his All-College Honors Bachelor's degree from Canisius College (Buffalo) in Political Science, with a minor in Classics. His Honors thesis, "Alter Ego: Understanding American Society through Superheroes," chronicled the changes to major comic book characters since their creation to keep up with the current zeitgeist of society. Outside of law school, William holds a third-degree black belt in Isshinryu Karate, and volunteers his time to teach students of all ages at a karate school in Elma, NY.

Shannon Zhu is a 1L at the Benjamin N. Cardozo School of Law. She graduated cum laude from Stony Brook University ('10) with a BS in Finance and wrote an Honors Thesis entitled "Toxic Assets for Intoxicated Consumers." Prior to law school, Shannon worked in finance and the entertainment industry and has lived in Shanghai, China. She is currently a dancer in a contemporary dance company as well as a pianist and photographer. Shannon has a long-standing interest in music, traveling and sports.


December 19, 2011

Appointment of EASL Law Student Liaison

I am pleased to announce the appointment of Ally Colvin as EASL Law Student Liaison for the Spring 2012 Semester.

Ally is a 3L at St. John's University School of Law where she serves as President of the St. John's Entertainment, Arts & Sports Law Society and is a member of the New York International Law Review/Journal of International and Comparative Law. She was a summer associate at Helbraun&Levey LLP, a boutique firm that represents bars and restaurants. She has also interned in the Sports & Entertainment Department at Hiscock& Barclay LLP.During law school, Ally has internedat St. John's Securities Arbitration Clinic and as a research assistant for Professor Mary Lyndon. She received her Bachelor's of Music in Music Industry with a concentration in piano from Syracuse University. As an undergraduate, Allyinterned in the Copyright Department of Sony Music's and the Legal Department of Live Nation U.K. She was the 2009 recipient of the Melvin Douglas Soyars Music Industry Award as well as the George Mulfinger Prize for Excellence in Piano Performance.

Welcome aboard Ally!

Remarks from the Chair

By Judith B. Prowda

These are my farewell Remarks from the Chair. It has been an honor to serve as Chair of the Entertainment, Arts and Sports Law Section for the past two years. I extend my heartfelt gratitude to my remarkable Dream Team: Rosemarie Tully (Vice-Chair), Diane Krausz (Treasurer), Pamela Jones (Secretary 2011), Monica Pa (Secretary 2010), Jason Baruch (Assistant-Secretary), and the entire EASL Executive Committee. I also thank my dedicated Albany colleagues Tiffany Bardwell, Dan McMahon and Leslie Scully, among others, whose tireless support has been invaluable throughout my term.

I am proud of all that we have accomplished so far during my tenure as Chair. We have formed eight new standing Committees: Digital Media (including social media), Diversity, Ethics, Lawyers in Transition, In-House Counsel, International, Scholarship and Website. For the first time in EASL history, we have a District Representative for each of the 13 Judicial Districts in New York State. We have formalized our relationship with the Young Lawyers Section by appointing YLS members to serve as Liaisons to EASL and have organized successful several joint programs.

We have also welcomed law students to serve as Liaisons to EASL. Our highly successful Law Student Liaison program, which other Sections are enthusiastically emulating, has expanded to 13 Law Student Liaisons in 2011, including our first ever out-of-state and international Law Student Liaisons. These talented students connect their law schools with EASL and vice versa, attend Executive Committee meetings and become involved in planning programs and discussing new initiatives. By working with law students at the Executive Committee level, we are exposing them to our diverse practice areas and a wide array of EASL activities at an early stage of their careers while helping them hone their leadership skills. Together, our efforts have yielded several innovative programs and partnership opportunities between EASL and law schools. We are grateful too for the fresh perspectives our Law Student Liaisons provide.

Our Section continues to organize meaningful pro bono activities and cutting edge programs in entertainment, arts and sports law, as well as ethics. Our Fall Program, entitled "Anatomy of a Hit TV Reality Show Series, and Other Things We Think You Should Know" was one of our best ever, featuring four superb panels of interest. The first panel, which was inspired by EASL's Young Entertainment Lawyers, offered an exposé of the history of the creation and operation of one of the most successful reality shows, A&E's "PAWN STARS." The panelists - members of the actual production team behind the show - included Brent Montgomery (Leftfield Pictures), Rob Miller (Peleton Entertainment), Mary Donohue (History, A&E Television Networks) and was expertly moderated by Peter Hamilton (Editor, DocumentaryTelevision.com). The next panel, on the topic of free speech and video games, featured Gena A. Feist (Vice President & Associate General Counsel for Take Two Interactive),John F. Wirenius (Author, First Amendment, First Principles: Verbal Acts and Freedom of Speech, and Deputy General Counsel to the Office of Collective Bargaining) and was superbly moderated by Jason Aylesworth (Sendroff & Baruch). Next we focused on the representation of minors in New York, with speakers Brian D. Caplan (Caplan and Ross), Paul LiCalsi (Mitchell Silverberg and Knupp), and Joseph L. Serling (Serling Rooks Ferrara Mckoy & Worob). The Fall Program concluded with a much sought-after ethics component, featuring Deborah A. Scalise (Scalise & Hamilton) and Pery D. Krinsky (Krinsky, PLLC). Without a doubt, this program was a "winning deal!" chock full of valuable information and offering 7.5 CLE credits, including 2 CLE credits in ethics and professionalism. Now THAT'S what I call reality! Thanks to Program Co-Chairs Jason Aylesworth, Ethan Bordman, Diane Krausz and Pamela Jones.

In September, we held an outstanding program, "Lending in the Sports and Entertainment Industries," which focused on contents of credit agreements, credit enhancement documents, industry, league and regulatory restrictions, among other topics. Our panelists included Stephen Brodie (Partner, Herrick, Feinstein LLP), Nick DeFabrizio (Chief Counsel Communications, Media and Entertainment Group CIT Legal Department), Victoria A. Gilbert (Partner, Kaye Scholer LLP), Bradley Rangell (Managing Director, Team Leader, Sports Advisory, Citi Private Bank), W. Wilder Knight II (Of Counsel, Pryor Cashman LLP), and Lucie Guernsey (Managing Director, Woodland Bay Capital, Inc.). The 2-CLE credit program, which was conceived and organized by Jessica Thaler, was held at Herrick Feinstein. Kudos Jessica!

Our aptly titled program in October "Exploring the Wild, Wild West of Filmmaking: Borat, Hidden Cameras and Investigative Reporting" was designed to help us guide our clients through the murky waters of public stunts, no releases, hidden cameras and more. The wild wild West (-coast) guest speaker, Michael C. Donaldson, a California entertainment lawyer and author of the newly released Legal Guide to Independent Film Making, delivered a lively presentation and commented on a variety of clips from films that have been the subject of lawsuits, and explained the release that was used by the Borat team. To round out the program, we discussed insurance to such a highly risky business. This sold-out event was co-sponsored by the Litigation, the Motion Pictures and Television and Radio Committees.

In addition, also in October, EASL's Committee on Alternative Dispute Resolution (Judith Bresler and myself, Co-Chairs) co-sponsored Mediation Settlement Day for the fourth consecutive year. This annual event is sponsored by FINRA Dispute Resolution, the New York State Unified Court System, and a coalition of over 100 alternative dispute resolution programs, bar associations, community based programs, schools, public and nonprofit organizations. Several EASL Executive Committee members participated in the Kick-Off event on October 18th at the New York City Bar Association, where we had reserved a table to showcase EASL's programs and initiatives. We were treated to a fascinating CLE program, "Mediation in the Mainstream," and a Keynote Speech by Michael Sardo, Creator and Executive Producer of USA Network's "Fairly Legal."

Looking ahead to our Annual Meeting, organized by Program Committee Co-Chairs Judith Bass, Ethan Bordman, Diane Krausz and Carol Steinberg, we anticipate another sold-out double-feature - with one panel on Trending Topics in Licensing and Branding and another panel on New Models of Publishing: E-Books, enhanced e-books, apps and how they have transformed the world of publishing. A cutting edge program not to be missed!

As I mentioned above, our Section has embraced new areas of law and technology. We now have a Twitter account created by our energetic new Co-Chair of Digital Media, Megan Maxwell. Our Blog has become a mainstay of our daily lives, with postings on the most current topics, thanks to our remarkable editor Elissa Hecker, and all of our Blog contributors. With the help of our newly formed Website Committee, chaired by Jennifer Liebman, we are updating our website which will provide information on substantive areas of law, announce upcoming events and highlight the work of EASL's Committees.

We have also turned our attention to important initiatives, such as President Vincent Doyle's groundbreaking Diversity Challenge. I was very proud to present the Diversity Challenge Team Report (described in page __ herein) to NYSBA President Vincent Doyle on behalf of EASL. I acknowledge our Diversity Committee Co-Chairs Anne S. Atkinson and Cheryl L. Davis, who spearheaded our initiatives, along with each of our other dedicated Diversity Challenge Team Members: Rakhi Bahadkar, Rich Boyd, Nyasha Foy, Elissa Hecker, Jessica Thaler, Rosemarie Tully and myself.

Our Diversity Challenge Team met on a regular basis throughout the summer to prepare our Report, which we presented to the EASL Executive Committee in September. At this writing, two programs (described below) have already been held in October and November, and other initiatives are at various stages of development. President Doyle has offered his thanks and gratitude for our Report and work thus far. We hope you will appreciate our diversity efforts and look forward to working with you to advance the NYSBA's and EASL's diversity goals.

Our Diversity plan includes (i) holding programs with minority bar associations, such as the one we held with the Black Entertainment and Sports Lawyers Association (BESLA) and the Metropolitan Black Bar Association (MBBA) described below, (ii) establishing a mentoring program for diverse new lawyers, 2L law students, and/or those who wish to shift areas of practice to the entertainment, arts and sports law areas, (iii) providing pro bono assistance and mentoring to newly admitted attorneys, and (iv) coordinating with veterans groups, starting with the Producers Guild of America East where EASL would provide speakers and representatives for roundtable discussions.

To start, we co-sponsored a program on October 12th with the New York City Bar Association, titled "You're an Up and Coming Talent: Be More, Do More and Discover More by Reaching For the Leader Within You." This free seminar was aimed at enabling lawyers of color to determine effective ways to manage their career advancement and success. The panel included Rakhi Bahadkar, a member of EASL's Diversity Challenge Team (Senior Regulatory Services Consultant, New York Life Insurance Company),Michael I. Bernstein (Partner, Bond Schoeneck & King), Vincent T. Chang (Partner, Wollmuth Maher & Deutsch LLP), Margo G. Ferrandino, (Litigation Associate, Bond Schoeneck & King) and Thomas Jackson (Executive Vice President, General Counsel and Corporate Secretary, EdisonLearning, Inc.), and was moderated by Vera Sullivan (President and Founder Diversityforce LLC).

In November, our Diversity Committee partnered with BESLA and MBBA to present a program on "Legal Issues in Reality TV". This joint program - our first with BESLA and MBBA - was such a resounding success, that we aspire to collaborate again in the future. Congratulations to Rich Boyd and Rob Thony, members of the EASL Diversity Committee, and Matt Middleton, President of BESLA, for creating such a superb program. Thanks also to Nyasha Foy, EASL Student Liaison, for coordinating with New York Law School for the perfect venue. We anticipate more programs such as these, and look forward to implementing each of our initiatives in the coming months. Please join us!

As our world grows increasingly global, it has become evident that EASL should expand our activities to address international issues. In September, we voted to create an International Committee. This Committee is co-chaired by Eric J. Stenshoel, Counsel at Curtis, Mallet-Prevost, Colt & Mosle LLP in New York and Brian Wynn, partner at Gardiner-Roberts LLP in Toronto. The International Committee begins its mission by co-sponsoring a program with the Digital Media Committee (Jason Aylesworth, Megan Maxwell and Andrew Seiden, Co-Chairs) on U.S. and Canadian cross-border criminal laws affecting the depiction of child pornography through digital images of manga (a style of comic book that originated in Japan). This program, conceived by Megan Maxwell, will present both sides of this compelling area of law.

In the legislation arena, EASL continues to support the Art Consignment Statute Bill Proposal, which would amend Articles 11 and 12 of the New York Arts and Cultural Affairs Law, in relation to consignments of art works to dealers by artists, their heirs and personal representatives. We appreciate NYSBA's continued support on this important piece of legislation.

Our Pro Bono Committee continues to dazzle us with a wide array of speakers' bureaus, clinics, and other events. Our Pro Bono Clinic at New York Foundation for the Arts (NYFA) in August was a terrific success and was repeated in November.

It's always a pleasure to acknowledge outstanding EASL Executive Committee members and welcome new faces. Our long-time Co-Chair of the Copyright and Trademark Committee, Neil Rosini, has stepped down after many years of distinguished service, and has been appointed Member-at-Large. Alan Hartnick, a strong and erudite presence in EASL almost since its inception, has also been appointed Member-at-Large, and continues in his role as District Representative for the First District. We warmly welcome Cheryl Davis (Co-Chair, Diversity Committee), Jennifer Liebman (District Representative, 12th District), Megan Maxwell (Co-Chair, Digital Media Committee); Britten Payne (Co-Chair, Copyright and Trademark Committee); and Eric J. Stenshoel (Chair, International Committee). We also welcome to our new Law Student Liaisons for 2011-2012: Megan Bellamy (BPP, London), Caitlin Lee Dempsey (Fordham), Peter Dagher (Fordham), Nyasha Foy (New York Law School), Carey Greenberg (St. John's), Kibum Kim (NYU), William A. Lorenz, Jr. (Buffalo) and Aaron Rosenthal (DePaul, Chicago). In addition, we welcome Ally Colvin (St. John's) for the Spring 2012 semester.

What a privilege it has been to serve as EASL's Chair. It will be an honor to play a vital role in EASL as your Past Chair and to continue in my roles as Chair of the Fine Arts Committee, Co-Chair of the ADR Committee, and as member of the House of Delegates through June 2012.

As I bid adieu as EASL Chair and join the distinguished pantheon of Past Chairs, I marvel at how much we have accomplished together during my tenure. As I look ahead, I am confident that we will continue to achieve our goals for the NYSBA, EASL, our profession and the greater community. In 2013 we will celebrate our 25th Anniversary. EASL's mission remains, as it was in its early days - to provide forums for discussion and debate and information-sharing in the EASL community. We have grown to almost 1,700 members with varied interests, including some of the hottest issues grabbing headlines being debated in Congress, and being heard by the courts.
I could not leave EASL in better hands than with my successor, dear colleague and friend Rosemarie Tully, whose vision for EASL is far-reaching and innovative. For many years Rosemarie has demonstrated her impressive talents and leadership skills (with a dash of style and grace) within EASL and the greater Bar. Rosemarie will be an effective and inspiring Chair and will serve EASL with distinction.

I hope to see many of you over the winter and spring months - and each and every one of you at our Annual Meeting on January 23, 2012 and our Silver Anniversary celebration in 2013!

January 14, 2012

Message from Chair Judith B. Prowda

I am pleased to announce the appointment of Jennette Wiser as an EASL Law Student Liaison for the Spring 2012 Semester. Jennette is a third year at Pace University School of Law and Law Clerk at Cowan, DeBaets, Abrahams & Sheppard LLP. She serves as Editor-in-Chief and Co-Founder of the Pace IP, Sports & Entertainment Law Forum and Student Bar Association Secretary. This past summer, Jennette clerked in the Office of the General Counsel at the U.S. Copyright Office in the Library of Congress. She has previously interned in Business and Legal Affairs at Sony Music Entertainment, the Dance Division at IMG Artists, service organization Dance/USA and the Isadora Duncan Dance Foundation. Jennette has also served as Pace's Intellectual Property Student Organization President, the Sports, Entertainment and Arts Law Society Secretary, and Pace's Peer-to-Patent Team Leader. She graduated from the University of North Carolina at Chapel Hill with a B.A., double majoring in Political Science and International Studies. Jennette grew up dancing and hopes to continue to dance throughout her legal career.

January 31, 2012

Announcement of Not-for-Profit Committee and its Chair

In my final hours as EASL Chair, which ends at midnight tonight, I am delighted to announce the formation of a Not-for-Profit Committee and the appointment of Karen Kolodny as its Chair.

Karen holds two law degrees from McGill University (one in Civil Law and one in Common Law) and a Masters of Law (LLM) (First Class Honours) from Cambridge University. She is a member of the Bars of New York, Quebec and Ontario and she has practiced law in Canada, the United States, Belgium and the Czech Republic.

Karen founded and runs the legal department at New York's preeminent cultural center, the 92nd Street Y, www.92y.org where she is also the Claire B. and Lawrence A. Benenson Director of the Milstein/Rosenthal Center for Media & Technology. At the Milstein/Rosenthal Center, Karen develops and oversees new-media projects. As Director of Legal Affairs, a position she has held since 2005, Karen is responsible for all legal aspects of 92nd Street Y, which has over 30 different business units.

Karen was the youngest member of the Canadian negotiating team for the Canada-U.S. Free Trade Negotiations (NAFTA 1990) and a clerk to a Justice of the Supreme Court of Canada. She has certificates in Arts Administration and Business Technology, both from New York University. Karen currently sits on three not-for-profit boards, two in New York and one in Pennsylvania.

Welcome aboard Karen! EASL looks forward to your inspired leadership.

About Judith B. Prowda

This page contains an archive of all entries posted to The Entertainment, Arts and Sports Law Blog in the Judith B. Prowda category. They are listed from oldest to newest.

Joel L. Hecker is the previous category.

Lawyers in Transition is the next category.

Many more can be found on the main index page or by looking through the archives.