Our work in the media industry focuses on structuring high-value transactions and resolving complex copyright issues.
We represent creators, rights holders, publishers, investors, and advertisers in strategic business transactions, including acquisition of assets, securing capital funds, and pre-seed/seed financing rounds. Our team also assists in the protection, monetization, and strategic deployment of intellectual property across the media and entertainment landscape, spanning music, publishing, film, television, digital media, and emerging platforms
Our team routinely negotiates and structures licenses for the use of valuable IP assets in film, television, advertising, publishing, and digital distribution, covering all major delivery channels from traditional broadcast to streaming and on-demand platforms. We have negotiated book publishing agreements for a wide range of authors and have long-standing experience advising literary estates, as well as securing publishing and film rights arrangements.
We advise on complex corporate transactions across the media sector, including mergers and acquisitions, joint ventures, private equity investments, and leveraged buyouts. Our work frequently involves multinational considerations, intricate financing structures, and the integration of intellectual property into broader corporate strategies. We have represented clients in acquisitions and investments involving publishing houses, media companies, and entertainment brands, as well as in the formation of joint ventures to develop new content and consumer-facing products.
Beyond transactional work, we counsel clients on trademark, privacy, cybersecurity, and regulatory compliance matters, including GDPR and U.S. state privacy laws. We also represent clients in high-stakes disputes involving commercial conflicts, achieving successful outcomes at both trial and appellate levels.
Collaborated with the National Music Publishers’ Association on anti-piracy efforts aimed at removing copyrighted lyrics from unlicensed websites and negotiating licenses for these lyrics’ use. These efforts created a new stream of royalty income which has generated hundreds of millions of dollars in additional revenue for music publishers and their songwriters over the past 20 years.
Routinely negotiates licenses for the use of clients’ valuable IP assets in film, television, advertising, and special projects across mediums including cable television, satellite transmissions, digital services, pay-per-view, and streaming.
Negotiated several book publishing contracts on behalf of novelists, playwrights, cookbook writers, and journalists. For 25 years, has represented the family of author Aldous Huxley in protecting and exploiting his famous works, particularly Brave New World. Negotiated with Random House to keep the novel with the publisher. Also negotiated several film rights options for the grandchildren of the Huxleys.
Provided counsel on copyright terminations and copyright law in general. On behalf of disparate clients—The Rolling Stones, Joe Simon (creator of Captain America), Jessye Norman (international opera star), etc.—won several critical copyright cases that benefit creators in general and have helped bring clarity to the concept of Work For Hire.
Regularly collaborate with clients to find workarounds for transactions that face restrictions on certain transfers set forth in the Copyright Law. We have devised loan structures that permit transfer of assets in sales and purchases alike.
Facilitated purchases of the rights of Mick Fleetwood and John McVie of Fleetwood Mac, Paul Simon, John Legend, Harry Nilsson, and a share of the North American rights to a handful of early Beatles’ hits like “She Loves You,” “I Wanna Hold Your Hand,” and “From Me To You.”
Played an instrumental role in persuading the US Copyright Office to enact policy changes to ensure that the Mechanical Licensing Collective paid post-termination royalties to songwriters, resulting in many millions being paid out to songwriters, including Mick Jagger and Keith Richards of The Rolling Stones.
Facilitated the buying and selling of $1.2 billion in musical assets, including the purchase of numerous music publishing companies and legendary music catalogs—e.g., Cherry Lane Music (Peter, Paul and Mary; John Denver.) The purchaser was an Australian bank which could not own the assets. We structured the deal so that the assets would be owned by a U.S. LLC.
Facilitated the sale of iconic works like the original Twist, The Pointer Sisters’ catalog, numerous famous Motown songs, and legendary hip-hop compositions. Many of these transactions have been cross-border.
Successfully negotiated and closed a substantial eight-figure loan with a leading English bank represented in the U.S. and abroad, to support further acquisitions by the client. Ultimately, the deal was valued at $125 million.
Successfully represented Joe Simon, the creator of Captain America, in winning Simon’s case against Marvel to recapture copyright in the famed superhero.
Represented the purchaser as to U.S. law matters in the acquisition of Walker Books Limited and its subsidiaries, including Candlewick Press, by Trustbridge Global Media Ltd. and the subsequent financing of the business. Prior to acquisition, the target was owned by various nineteenth-century trust vehicles that had become legally obsolete, and the transaction therefore required judicial approvals at various levels in the English courts. At the same time, the transaction structure needed to comply with various UK and US tax regulations. The transaction was financed with an asset-based financing approximately six months after its completion which financing required extensive cross-guarantees.
Represented Pluto Books (U.K. company) related to the creation of a public benefit corporation in the U.S. This formation required compliance with various applicable state laws.
Represented Trustbridge in a coexistence agreement for an IP matter involving published works referred to as “Whaleboy” and “Dolphin Girl.”
Represented a strategic brand management business in its structuring and establishment of a joint venture between a high-profile media personality and a New York-based venture capital firm. The joint venture expects to create, produce, and release a series of consumer product offerings over the next several years under a new brand. We negotiated and drafted the documentation for the venture, as well as provided input on tax and intellectual property issues that arose as the negotiations proceeded.
Represented New Jersey-based financial advisory firm against Missouri-based advisory company for trademark infringement of the term “Financial Quarterback,” alleging that the Missouri firm unlawfully used the term in its advertising, along with similarly related terms such as “Retirement Coach.” (Jalinski Advisory Group, Inc. v. JBL Financial Services, Inc. (E.D. Mo., No. 4:19-cv-01914))
Counseled multiple organizations—such as fashion studios, CPA firms, law firms, hospitals and technology and media companies—on cybersecurity attack investigations, breach response, and remediation initiatives.
Represented a global media company in negotiation of service level and vendor agreements pursuant to the General Data Protection Regulation of the European Union (GDPR) and provided counsel in GDPR requirements and privacy/cybersecurity requirements of multiple U.S. states.
Has represented security consultancies, CPA firms, media companies, and life science organizations in the negotiation of service agreements with customers and vendors from multiple countries.
Represented the purchaser Intercultural Press Inc. in the acquisition of the Davies-Black Publishing assets of CPP, Inc. Davies-Black was a division of Intercultural, and the transaction required the excision of certain assets.
Represented the seller and its shareholders in the sale of Bartleby.com, Inc. to Study Mode LLC.
Represented Trustbridge Partners in the acquisition of Peachtree Publishers Ltd. by one of its international investment funds, Peachtree Publishing Company Inc. The transaction was structured as an asset acquisition.
Represented the purchaser in the Acquisition of the Home Technology Business of TEN: Publishing Media by AVTech Medias America Inc. Because of the complex nature of the assets being purchased, it was necessary to negotiate an extensive transitional services agreement as well as employment agreements.
Represented the purchaser in the proposed acquisition of the Adventure Sports Business of TEN: Publishing Media by AVTech Medias America Inc. Because of the complex nature of the assets being purchased, it was necessary to negotiate an extensive transitional services agreement as well as employment agreements. This was a distressed business transaction.
Represented Trustbridge Global Media Ltd. in its proposed joint venture with Bayard Presse to form a new Hong Kong corporation operating in China. This matter required the negotiation and draft of a comprehensive cross-border license agreement for a very extensive library of published works. We participated in the structuring of various Hong Kong and Republic of China entities to assure compliance with applicable laws.
Represented eMedia LLC in the repurchase of 50% of its equity from one of the founders and restructuring of the ownership of the Company to include several senior officers.
Won Special Motion to Strike lawsuit alleging Unfair Business Practices and age discrimination against radio network and radio talk show host based on First Amendment rights of network and host; recovered award of attorneys’ fees; dismissal upheld on appeal in published opinion including award of attorneys’ fees.
Won emergency order – writ of possession and successfully resolved case for Madison Avenue media and advertising company in contract action against company represented by Johnny L. Cochran, Jr. and Carl Douglas of “O.J. Dream Team” fame.
Successfully resolved real property dispute for a leading media company over alleged right to restrict aerial access to giant wall mural in downtown Los Angeles overlooking L.A. Live/Staples Center.
Represented the owners of the intellectual property relating to “Conan the Barbarian” in the sale of this intellectual property first to a public company for stock, and then when the public company went bankrupt, in recovering the intellectual property from the bankruptcy estate and reselling it for cash to a European buyer.
Represented a private equity company in the acquisition of Pride Media, a media company and owner of certain print publications. The transaction was a stock sale constituting change of control.
Has represented various companies in acquisition transactions, private financings, and joint ventures, including: Pride Media, Inc., a publication dedicated to the LGBT community; DN Partners, LLC, a Chicago-based private equity fund; Scion Capital LLC, an Atlanta-based private merchant bank; NSG Capital LLC, a Connecticut-based private merchant bank and family office; Boxlight Corporation (NASDAQ: BOXL), a leading provider of products and services to the educational industry; and Gleason Corporation and its affiliate Technibilt Inc., one of the largest manufacturers of shopping carts.
Represented a private equity fund in a controlling investment into Killphonic Music Rights, Inc., a music publishing and distribution company. The transaction was a controlled investment structured as convertible preferred stock.
Represented a private equity fund in the acquisition of Barton Music Publishing. The transaction was an asset purchase deal with an indemnity escrow and a holdback.
Represented a private equity company in the acquisition of Transhigh Corporation, the owner of the HighTimes publication magazine and brand. The transaction was a leveraged buyout.
Represented WindAcre Partnership on its participation in the US$16bn acquisition of Neilsen Holdings by a consortium led by Elliott Management and Brookfield Business Partners.
Represented ZM Capital in its: Acquisition of Cannella Response Television and Cable Response Television; US$536m acquisition of Airvana by a consortium led by S.A.C. Private Capital; US$760m acquisition of Tekelec by a consortium led by Siris Capital; Acquisition of ISS assets from Microsoft.
Represented Thomas H. Lee Partners, Lexa Partners, Bain Capital, and Providence Equity Partners in their US$2.6bn acquisition of the Warner Music Group from Time Warner.
