2017 Annual Meeting Schedule & Registration Form - American Bar ...

HITTING THE

JACKPOT

IN ENTERTAINMENT AND SPORTS LAW Keynote Speakers

Former U.S. Senator Harry Reid - NV (D)

Travis Tygart CEO, U.S. Anti-Doping Agency

Kelly Costello Head of Business Affairs, Broadway Video

October 5–7, 2017

2017 Annual Meeting

Cosmopolitan of Las Vegas, NV

SCHEDULE OF EVENTS Thursday, October 5 (UNLV)

11 am – 12:30 pm BREAKING INTO THE INDUSTRY AND SPEED MENTORING

Hosted by Mark Tratos and members of Nevada Bar Association Co-Sponsored by ABA Young Lawyers Division and Law Students Division

12:30 – 1:30 pm LUNCH 1:30 – 2:45 pm UNLV Classroom or Moot Court CONCURRENT SKILLS WORKSHOPS Led by UNLV Faculty and Private Practitioners, the Forum is responding to a demand for practical skillsrelated content and providing a two-part series of skills workshops for lawyers of all ages and stages. Attendees will receive valuable insights and tips on contract drafting and negotiation, two skills employed daily by entertainment and sports lawyers. NOTE: Offered again from 3 - 4:30 pm.

Contract Drafting in the Entertainment and Sports Industries Speakers Anat Levy, Principal Attorney, Anat Levy & Associates, PC (moderator) Lauri Thompson, Shareholder, Greenberg Traurig Lou Dorn, General Counsel for the SLS Hotel Casino Contract Negotiation in the Entertainment and Sports Industries Speakers Mark Tratos, Founding Shareholder, Greenberg Traurig (moderator) Howard Siegel, Adjunct Professor, UNLV William S. Boyd School of Law Robert Reynolds, Partner, Reynolds & Associates, Manager of Killers and Imagine Dragons Desiree Reed-Francois, Director of Athletics 2:45 – 3 pm BREAK

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3 – 4:30 pm Moot Court or Ham Concert Hall CONCURRENT SKILLS WORKSHOPS (repeated) Contract Drafting in the Entertainment and Sports Industries (see 1:30 – 2:45 pm in left column) Speakers Mark Tratos, Founding Shareholder, Greenberg Traurig (moderator) Howard Siegel, Adjunct Professor, UNLV William S. Boyd School of Law Robert Reynolds, Partner, Reynolds & Associates, Manager of Killers and Imagine Dragons Contract Negotiation in the Entertainment and Sports Industries (see 1:30 – 2:45 pm in left column) Speakers Anat Levy, Principal Attorney, Anat Levy & Associates, PC (moderator) Lauri Thompson, Shareholder, Greenberg Traurig Lou Dorn, General Counsel for the SLS Hotel Casino 3 – 4:30 pm PUBLIC AND PRIVATE PARTNERSHIPS IN THE ENTERTAINMENT AND SPORTS INDUSTRIES Co-Sponsored by the ABA Government and Public Sector Lawyers Division

All too often partnerships between teams, businesses, and public entities result in blurred lines of liability. Our roster of experts will examine the pitfalls and challenges of these relationships, including public versus private financing of sports stadiums, assembling and hosting music festivals, and providing sponsors with the best possible exposure for brands. Join us for a discussion of best practices and other hot topics in public and private partnerships. Speakers Timothy Epstein, Partner, Duggan Bertsch, LLP Richard Brand, Managing Partner, Arent Fox, LLP Maacah Scott, Arizona Diamondbacks Jennifer Roberts, Associate Director of the International Center for Gaming Regulation Kelly Burton, Director of Strategic Partnerships USA Sevens Rugby 4:30 – 4:45 pm BREAK

4:45 – 5:30 PM THURSDAY KEYNOTE–FORMER SEN. HARRY REID 5:30 – 7 pm OPENING RECEPTION

Hosted and Co-Sponsored by UNLV Law School

10 – Midnight NIGHTCAP AT THE COSMOPOLITAN Ticketed Event: Free The Forum on Governing Committee invites you to join them for an informal gathering. Enjoy a nightcap and desserts while renewing old acquaintances, making new ones, and enhancing your sports and entertainment network. (Ticketed Event: Admittance for all annual meeting registrants and their spouses or one guest is free.)

Friday, October 6 (Cosmo) 8 – 9:30 am E THICS & THE ADDICT: LEGAL ISSUES RELATED TO THE ATTORNEY PRACTICE OF LAW & TO REPRESENTATION OF CELEBRITY CLIENTS What are your ethical obligations if you know or suspect a colleague is suffering from addiction? How do you detect, prevent and recommend treatment for colleagues and for celebrity clients? What special concerns must you take into account when representing the addicted celebrity? This panel will discuss the ABA Model Rules in these areas, explore the ethical dilemmas presented provide suggestions and guidance to the practitioner for analyzing, avoiding and dealing with professional and practical problems in the area of prevention of alcoholism and substance abuse. Speakers Henry W. Root, Partner, Lapidus, Root & Sacharow, LLP (moderator) Carey Caruso, member Evaluation Committee, California Lawyer’s Assistance Program (LAP), Secretary, L.A. Criminal Courts Bar Association David M. Given, Managing Partner, Phillips, Erlewine, Given & Carlin LLP Scott Gorman, Director of Talent Relations, Crisis Case Management

Harold Owens, Sr. Director, Musicares/Map Fund The GRAMMY Foundation 9:30 – 11 am CONCURRENT WORKSHOPS Upping Your Mindfulness Game: Taking Competent Lawyering to the Next Level Last year we explored mindfulness as a cornerstone of competent lawyering. This year, we’ll add plays to your mindfulness playbook, so that you can take your meditation practice—and your law practice—to new levels. Even though we’re upping the game for those who attended last year’s workshop, there’s something for everyone, and we welcome beginners as well as experienced mindfulness practitioners. Speaker Emily Doskow, Attorney & Mediator Buying and Selling Sports Teams and Entertainment Businesses

Co-Sponsored by the ABA Young Lawyers Division Entertainment and Sports Industry Committee and the ABA Section of Antitrust Law

Record-setting prices continue to make headlines as the value of sports franchises and entertainment businesses dramatically increase. But what makes them attractive investments? How can common pitfalls and roadblocks be avoided? Industry experts and insiders will discuss best practices to implement when buying and selling as well as recent noteworthy acquisitions. Speakers Andrew Brandt, Sports Analyst and Director of Moorad Center for Sports Law, Villanova University, Charles Widger School of Law (moderator) Ahron Cohen, Chief Operating Officer, Arizona Coyotes Jared Bartie, Partner, O’Melveny & Myers, LLP Joel Karansky, Senior Vice President, Associate General Counsel & Corporate Secretary, WME-IMG Kevin R. Schulz, Foley & Lardner LLP Around the World In 80 Minutes

Co-Sponsored by ABA International Law Section and the International Association for Entertainment Lawyers

Everything you need to know about the state of IP law and rights in the Americas, the European Union and Asia. This group of renowned IP law experts will discuss various IP related developments taking place all 3

over the world, including pending international agreements and legislation as well as hot topics and issues that every practitioner should be aware of.

John Sands, Mediator & Arbitrator, Sands ADR Cameron Myler, Court of Arbitration for Sport and Clinical Assistant Professor, New York University

These individuals will also delve into the possible legal and business implications that these developments may have on the entertainment and sports industries and its players looking to do business in the United States and abroad. Speakers Cynthia Sanchez, Attorney, Warner Music Group (moderator) Ann Chaitovitz, IP Attaché for Bolivia, Chile, Colombia, Ecuador & Peru, The United States Patent & Trademark Office Terry Hart, VP Legal Policy & Copyright Counsel, The Copyright Alliance Phillip H. Lam, IP Counsel, Office of the City Attorney Mike Feuer in the City of Los Angeles Michael Mangelson, IP Attaché for China, United States Patent & Trademark Office Steven J. Wadyka, Jr., Shareholder, Greenberg Traurig

Turbulent Waters or Smooth Sailing: How Bigly Is The Future of the Music Industry? While the sound of music has never been more ubiquitous, and access to music by consumers never more simple, global music revenue in the recorded music industry today is barely fifty percent (50%) of its 2003 level when 100% of global revenue was attributable to physical disc sales, which then comprised 100% of the market. Revenues attributable to performances of musical compositions and sound recordings is on the rise. What is the future for the music industry in a world where consumers subscribe for access, not pay for ownership? How does one reconcile a decline in industry revenue with the proliferation of more artists creating more music than ever before? What does the future hold for industry participants, including songwriters, recording artists, publishers, labels, PROs and consumers? This panel will discuss contemporary issues affecting the performing rights areas in music publishing and sound recordings. Speakers Chris Harrison, Executive Director, Digital Media Association Marc Cimino, COO, Universal Music Publishing Group Susan Genco, Co-President, Azoff MSG Entertainment, LLC Gary R. Greenstein, Partner, Wilson Sonsini Goodrich & Rosati Henry W. Root, Partner, Lapidus, Root & Sacharow, LLP

11 – 11:15 am BREAK 11:15 am – 12:45 pm CONCURRENT WORKSHOPS Upping Your Mindfulness Game: Taking Competent Lawyering to the Next Level (repeat of earlier program) ADR in Sports: It Fits Like a [Baseball] Glove Co-Sponsored by the ABA Section of Dispute Resolution and ABA Section of Labor and Employment Law

Arbitration and mediation, unlike litigation, are built upon compromise and collaboration. Put another way: Teamwork. The application of ADR mechanisms is thus a natural fit for an industry which depends on teamwork. Our group of esteemed ADR experts will discuss challenges and pitfalls in their experiences in the field, including salary and disciplinary arbitrations, complex mediations between global sports properties, and more! Speakers Lance Tanaka, Vice President, American Arbitration Association Jeffrey Benz, JAMS, Versus Advocates PC, 4 New Square Barristers Barbara Reeves, Mediator & Arbitrator, JAMS 4

12:45 – 1:15 pm LUNCHEON ED RUBIN AWARD Ed Rubin Award Presentation to Henry W. Root by Susan Genco, Co-President, Azoff MSG Entertainment, LLC. The Ed Rubin Award is the Forum’s highest honor and is given to one member each year in recognition of leadership and service.

1:15 – 2 PM KEYNOTE–KELLY COSTELLO, HEAD OF BUSINESS AFFAIRS, BROADWAY VIDEO 2 – 3:30 pm PLENARY POWER LAWYERS This session will be an interview style Q&A with several pre-eminent Power Lawyers about their representation of high profile clients in current hottopic matters in Entertainment Law. Speakers Jay Cooper, Shareholder, Greenberg Traurig, LLP (moderator) Patricia L. Glaser, Partner & Chair of Litigation, Glaser Weil LLP Bob Darwell, Partner, Sheppard Mullin, LLP 3:30 pm & 4:45 pm BEHIND THE SCENES ACTIVITES T-Mobile Arena (also offered on Saturday)

AEG Live has partnered with MGM to build and operate the new T-Mobile Arena in Las Vegas. The Arena is nestled between the New York-New York Resort and the Monte Carlo Hotels and is the new home of Las Vegas’ first professional sports team, The Golden Knights, a National Hockey League expansion team. T-Mobile, as one of the newest arenas to open, has more technological innovations and audience-pleasing attractions than older arenas and the tours should provide exciting glimpses into the sophisticated technologies and operational benefits new arenas provide. NOTE: The T-Mobile and Park Theater tours are nearby and both can be done on the same day.

3:45 pm & 4:45 pm BEHIND THE SCENES ACTIVITES The Coliseum at Caesars Palace (also offered on Saturday)

AEG Live created the residence phenomenon which has occurred in Las Vegas over the past decade by its innovative engagement of acts like Celine Dion, Cher, Elton John, Shania Twain and others. The exclusive backstage tour of the Coliseum by the company that established artist residencies in Las Vegas will provide participants a unique glimpse not only into the technical prowess of the venues, but a greater understanding of the business and operational elements that have made Las Vegas residencies a sought after gig by artists from around the world. NOTE: The Coliseum and Picasso events require farther travel and are likely the only activity an attendee can achieve in one afternoon.

$25 / $30 after 12 am September 12 Picassos

(also offered at same times on Saturday)

Picassos is considered by many in Las Vegas to be the premier restaurant in the city. Its front yard is the Bellagio fountains and on its walls hang more than a dozen beautiful original masterpieces by the namesake artist himself, Picasso. Both paintings and ceramics adorn the walls. With more than two dozen varieties of fresh cut flowers adding further beauty and floral fragrance daily, the restaurant is the masterpiece environment to showcase the cuisine of Chef Julian Serrano. Attendees will be treated to both a facilities tour and hors d’oeuvres and champagne or wine as part of the behind-the-scenes glimpse of one of Las Vegas’ most legendary restaurants. NOTE: The Coliseum and Picasso events require farther travel and are likely the only activity an attendee can achieve in one afternoon.

$25 / $30 after 12 am September 12


Park Theater

7 – 9 pm DINNER ON YOUR OWN

(also offered on Saturday)

Adjacent to the T-Mobile Arena, the Park Theater provides a compelling, expansive redesign of theaters which allow more flexibility in seating configurations that allow dance floor and standing room opportunities for audiences who want to get up close and personal with their favorite artists. Managed by AEG Live, Park Theater has recently hosted the return residency for Cher.

10 pm – 1 am OCTAVIUS (TED) REID RECEPTION Ted Reid of Morgan Stanley invites you to a reception at the Chateau. Your ABA badge will be required to gain entrance to the reception. Ask for the Ted Reid Event upon arrival.

NOTE: The T-Mobile and Park Theater tours are nearby and both can be done on the same day.


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Saturday, October 7 8:30 – 9 AM BREAKFAST KEYNOTE–TRAVIS TYGART, CEO, UNITED STATES ANTIDOPING AGENCY 9 – 9:15 am BREAK 9:15 – 10:30 am SPORTS AND ENTERTAINMENT GENERAL COUNSELS What are the key legal issues facing in-house legal departments in the sports and entertainment industries? How are those issues similar and different to each other and to other industries? Join our expert panel of General Counsels for an insider’s look at the current legal landscape of the sports and entertainment industries. Speakers Lucinda McRoberts, General Counsel, USA Swimming Hunter Campbell, General Counsel, UFC Heather Liberman, General Counsel, SXSW Matt Heckman, Director & Associate General Counsel, Twitter 10:30 – 11:30 am CONCURRENT WORKSHOPS Hot Trademark and Advertising Issues in the Entertainment and Sports Industries Co-Sponsored by the ABA Intellectual Property Law Section

Leaders of the Intellectual Property and Advertising Law bars will examine and discuss the latest cases and hottest issues in the entertainment and sports industries including the Slants case, the Redskins case and all of the latest developments in social media advertising including the FTC’s regulation of brands, agencies and influencers. Speakers Staci Riordan, Partner, Nixon Peabody (moderator) Robert Newman, Partner, Winston & Strawn, LLP Steven J. Wadyka Jr., Shareholder, Greenberg Traurig Joel G. MacMull, Associate, Archer Law Firm John Connell, Partner, Archer Law Firm 6

Disrupting the Sports Industry: A Conversation with Jeffrey Kessler Co-Sponsored by the ABA Section of Antitrust Law

Join us for an intimate discussion of current legal issues in sports with one of the most high-profile attorneys in sports law, Jeffrey Kessler. From NFL free agency, player discipline, and Deflategate to challenging the amateur model of college sports, Kessler will offer his insider’s view of some of the biggest legal challenges facing today’s sports industry and his forecast for future development. Speakers Eboni Williams, Co-Host of The FOX News Specialists, Fox News Channel (moderator) Jeffrey Kessler, Co-Executive Chairman, Chair of the Antitrust/Competition Practice, and Partner, Winston & Strawn LLP 11:30 – 11:45 am BREAK 11:45 am – 1:15 pm PLENARY LITIGATION ROUND-UP Co-Sponsored by the ABA Litigation Section

This last year has seen landmark decisions on a variety of issues in Entertainment Law–Sports, Music, Film and Television, and other key areas. A panel of litigation experts will run down some of the major developments in Court cases during the past year. This must-see event for all attendees will present practice tips and lessons learned from the litigation during the past year. The panel will also talk about discernable trends and cases likely to be a major factor in Entertainment Law in the coming year. Speakers Jill Basinger, Partner, Glaser Weil Fink Avchen & Shapiro LLP Daniel A. Rozansky, Partner, Jenner & Block, LLP Lawrence A. Waks, Of Counsel, Wilson Elser Moskowitz Edelman & Dicker LLP 1:15 – 2:30 pm LUNCH ON YOUR OWN 2:30 pm & 3:30 pm BEHIND THE SCENES ACTIVITIES

(for descriptions and prices, see Friday Behind the Scenes Activites)

◊ T-Mobile Arena ◊ Park Theater 2:45 pm & 3:45 pm BEHIND THE SCENES ACTIVITES

(for descriptions and prices, see Friday Behind the Scenes Activites)

◊ The Coliseum at Caesars Palace ◊ Picassos

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C O N F E R E N C E I N F O R M AT I O N 10. CLE Credit

The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, CT, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MP, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 12.0 CLE credit hours (including 1.75 ethics hours and 1.75 substance abuse hours) in 60-minute states, and 14.4 credit hours (including 2.1 ethics hours and 2.1 substance hours) in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit www. americanbar.org/groups/entertainment.html or contact Yolanda.Muhammad@ americanbar.org.

11. Membership

To encourage registrants to join the ABA Forum on Entertainment & Sports Industries, the reduced member’s tuition rate will be extended to registrants who join the Forum when they register for the conference. Forum membership dues are $50 for attorneys/associates and $10 for law students. Please include a separate check (payable to the American Bar Association) for membership dues.

12. Additional Course Materials

Materials for all programs may be available for purchase after the conference by calling the ABA Service Center at 800-285-2221.

14. Tax Deduction for Educational Expenses

In the United States an income tax deduction may be allowed for educational expenses undertaken to maintain or improve professional skills. This includes registration fees, travel, meals and lodging expenses (see Treas. Reg. Sec. 1.162-2) Coughlin v. Commissioner, 203 F.2d 307 (2nd Cir. 1953.)

15. Americans with Disabilities Act

If special arrangements are required for disabled individuals to attend this program, please contact Yolanda.Muhammad@americanbar. org in writing or via email by September 29, 2017 at the American Bar Association, 321 N. Clark Street, Chicago, Illinois, 60654.

16. Dress

In keeping with Forum tradition, participants are encouraged to wear business casual attire during the programs and to the special events.

17. Questions

If you have questions or require additional conference information contact [email protected].

18. Scholarship

A limited number of scholarships to defray tuition expenses are available for this program. To request an application or receive additional information, please contact Yolanda.Muhammad@ americanbar.org. Qualifying attorney may receive a 50% reduction in tuition fees.

REGISTRATION FORM

Registration includes two half days and one full day of programming, continental breakfasts, luncheons, receptions, and access to all written course materials.

Four ways to register ❶ REGISTER ONLINE AT WWW.AMERICANBAR. ORG/GROUPS/ENTERTAINMENT_SPORTS.HTML ❷ FAX YOUR REGISTRATION FORM WITH CREDIT CARD INFORMATION TO OUR SECURE FAX LINE: 312.988.5850 ❸ CALL THE ABA SERVICE CENTER: 800.285.2221 and mention ES1710

❹ MAIL YOUR REGISTRATION FORM TO: American Bar Association Service Center–Meeting/Event Registration Department Attn: ES1710 321 N Clark St, 16th Floor Chicago, IL 60654 Credit card or checks made payable to the American Bar Association are acceptable.

PLEASE PRINT Name (first, middle initial, last) Name to be printed on badge ABA ID Number (if ABA member) Name of Firm/Company/Agency Address (firm/company/agency) City Business Phone Email Address

State Business Fax

ZIP

FEES

Forum or Co-Sponsor Section Member ABA Member (Forum and Co-Sponsor Non-Member) ABA Non-Member Law Student Materials Only (materials after [date])

Pre-Registration before 11:59 pm CT Monday, September 11 $725 $925 $975 $195 $150

Registration after 12:00 am CT Tuesday, September 122 $800 $1,000 $1,050 $225 $150

No Single Day Options or Differing Pricing for Government Sector

SOCIAL EVENTS AND TOUR TICKETS

Pre-Registration before 11:59 pm CT Monday, September 11 Free

THURSDAY Opening Reception UNLV (5:30 – 7 pm) Nightcap at the Cosmopolitan (10:30 pm – midnight)

Free (attendee + 1 guest)


Free

Free

FRIDAY (Cosmopolitan or as noted) Luncheon Preceeding Keynote Address (12:45 – 1:15 pm) The Coliseum at Caesars Palace (3:45 pm or 4:45 pm) T-Mobile Arena (3:30 pm or 4:45 pm)

$25

3:45 pm

$25

3:30 pm

Park Theater (3:30 pm or 4:45 pm)

$25

3:30 pm

Picassos (3:45 pm or 4:45 pm)

$70

3:45 pm

Octavius (Ted) Reid Reception

Park Theater (2:30 pm or 3:30 pm)

$25 $70

2:45 pm

Payment Information Credit card number Signature

$25

2:30 pm 2:30 pm

Picassos (2:45 pm or 3:45 pm)

Visa

$25

2:45 pm

MasterCard Expiration

$30

4:45 pm

3:45 pm

4:45 pm

3:30 pm

4:45 pm

3:30 pm

4:45 pm

3:45 pm


SATURDAY The Coliseum at Caesars Palace (2:45 pm or 3:45 pm) T-Mobile Arena (2:30 pm or 3:30 pm)

American Express

Registration after 12:00 am CT Tuesday, September 122 Free

$30 $30 $75

4:45 pm 4:45 pm 4:45 pm 4:45 pm


$30

3:45 pm

2:45 pm

3:30 pm

2:30 pm

3:30 pm

2:30 pm

3:45 pm

2:45 pm

$30 $30 $75

3:45 pm 3:30 pm 3:30 pm 3:45 pm

Discover

Total due $ Or enclose a check made payable to the American Bar Association.