On April 20, 2022, Variety released its annual Legal Impact Report, featuring the top in-house attorneys, litigators, and transactional attorneys in the entertainment industry. Lee Brenner, William Briggs, David Fink, and Josh Rosenberg were recognized in the Litigation category. Chris O’Brien was recognized in the Transactional category.
Continue Reading Lee Brenner, William Briggs, David Fink, Josh Rosenberg, and Chris O’Brien Recognized in Variety’s 2022 Legal Impact Report

On March 28, 2022, William Briggs was recognized by Billboard among its 2022 Top Music Lawyers. This prestigious list spotlights the savviest legal counselors in the music industry.

Mr. Briggs is a trial lawyer and civil litigator with broad experience in the entertainment industry. He represents some of the top talent in film, television, music,

Venable LLP is pleased to announce the arrival of Joshua Rosenberg, partner, and Max Wellman, counsel, at the firm’s Litigation Practice in the Los Angeles office.

Mr. Rosenberg handles a wide range of complex litigation matters, including breach of contract, copyright and trademark infringement, employment disputes, defamation, invasion of privacy, and general business matters. He has represented numerous entertainment industry clients, including studios, production companies, talent agencies, management companies, concert promoters, record labels, recording artists, actors, writers, directors, producers, studio executives, and social media influencers. He has also represented manufacturers, real estate developers, high-net-worth individuals, and nonprofit organizations.

Mr. Wellman represents individual and corporate clients in business and entertainment matters. He works closely with his clients to build relationships and manage their needs, both in and outside of the courtroom. When handling litigation, Mr. Wellman focuses on complex commercial disputes involving intellectual property, trade secrets, commercial debts, corporate dissolutions, and general contract and business tort claims. Outside the courtroom, Mr. Wellman provides strategic and operational advice, primarily in the entertainment, media, and technology industries, including assisting intellectual property owners in building, protecting, and monetizing their assets. He predominantly represents production companies, global influencers, merchandising companies, developing artists, entrepreneurs, consumer product brands, and technology start-ups.Continue Reading Venable Expands Service Offerings for the Entertainment and Media Industry with the Addition of Joshua Rosenberg and Max Wellman

On December 8, 2021, Paul BernsteinChris O’Brien, and Jim Nelson were recognized in Variety’s Dealmakers Impact Report. This recognition honors the top financiers, attorneys, executives, and entrepreneurs who forged the major game-changing deals that changed the showbiz landscape.

Paul Bernstein, chair of Venable’s Entertainment Transactions practice, advises clients on complex corporate matters. Paul handles joint ventures, endorsement deals, financings, mergers and acquisitions, executive employment deals, and all manner of entrepreneurial activities for actors, writers, directors, producers, musical artists, athletes, and others in the entertainment industry. He also represents several talent management companies and production companies.

Chris O’Brien helps clients create value through corporate transactions across a wide range of industries, including entertainment and media. Chris represents multinational and regional corporations, established companies, and nascent enterprises on a wide range of business transactions, including company formation, mergers and acquisitions, financings, and joint ventures. He is also a co-founder and a co-chair of Venable’s Blockchain and Digital Currencies Group. As a trusted advisor, Chris frequently serves as outside general counsel for his clients.

Jim Nelson is a corporate attorney, a co-chair of the Technology, Media, and Commercial Group, and partner-in-charge of Venable ‘s San Francisco office. Jim focuses on intellectual property-centered businesses that emphasize the development, production, and commercialization of IP assets. He manages a wide range of commercial contract and outsourcing engagements, in addition to his general corporate work forming and financing companies and supporting them in mergers, sales, acquisitions, and joint ventures. His clients range from startups to emerging growth and Fortune 50 companies—often located or acting globally—in financial services, technology, media, pharmaceuticals, healthcare, hospitality, and consumer products, among others.Continue Reading Venable’s Paul Bernstein, Chris O’Brien, and Jim Nelson Recognized in Variety’s Dealmakers Impact Report 2021

On October 21, 2021, Sarah Cronin was quoted in Best’s Review on the impact of the COVID-19 pandemic on insurers in the live entertainment market.

According to the article, over the past 19 months, insurers have been hit with some fairly large losses, particularly in event cancellation coverage. That’s forcing some policyholders to reevaluate where they will place those risks, with some looking to captives or self-insurance as an option, said Cronin. Since the start of the pandemic, carriers insuring live events have been busy altering policy language and adding communicable disease exclusions.Continue Reading Best’s Review Quotes Sarah Cronin on the Impact of COVID-19 on Event Insurance

A recent decision in the Eleventh Circuit Court of Appeals may have tax implications for talent who conducts significant endorsement or brand ambassador activities. Generally, endorsement deals often have two components: (1) endorsement services (e.g., public appearances, social media) and (2) licensing the talent’s name and likeness (e.g., for use on print and digital advertisements). In other relevant tax contexts, income attributable to endorsement services has been treated as services income, while income attributable to licensing of one’s name and likeness has been treated as a royalty. See, e.g., Goosen v. Comm’r, 136 T.C. 547 (2011) (holding that income arising from licensing one’s name and likeness constitutes royalty income for purposes of determining U.S. source income). In the limited context of determining whether income is qualified business income for purposes of IRC 199A, however, income attributable to licensing one’s name and likeness is treated as disqualified service income. But is name and likeness income subject to self-employment tax?
Continue Reading Should Talent Pay Self-Employment Taxes on Income Associated with their “Brand”?

There is more demand for content than ever, and media and entertainment companies face a wide variety of challenges that come along with the increase in production and distribution of content. In-house and outside counsel for media and entertainment companies need a working knowledge of how to deal with insurance issues that arise in their business, including the types of insurance policies that may cover the legal risks they face, and how to navigate the issues that arise when dealing with insurers, such as selection of counsel, allocation between covered and uncovered claims, and who controls the settlement of a claim.
Continue Reading Join Us on July 14 for a Discussion on Entertainment and Media Liability Claims

Taxpayers who owe quarterly estimated taxes must make such payments by April 15,2021, notwithstanding the extended filing deadline this year. On March 17, 2021, the IRS announced a one-month extension of the tax filing deadline for individuals from April 15 to May 17 of this year. The rationale, per IRS Commissioner Chuck Rettig, was that

Many celebrities balance maintaining their brand by staying in the public eye with privacy in their personal life. A new California law, however, has some business managers and celebrities concerned about maintaining their privacy. With little fanfare, Governor Newsom signed into law Senate Bill 592 (the Bill) on September 28, 2020, which may raise eyebrows this year as business managers and taxpayers navigate the 2020 tax reporting season. Specifically, the Bill requires the California Franchise Tax Board (FTB) to revise the California resident income tax return form to include a line item for the taxpayer’s address of their principal residence and their county of principal residence. In the past, high-profile taxpayers often used their business manager’s address when filing tax returns, to maintain privacy and security. The Bill, however, takes effect this year, so that California residents must now disclose the address of their principal residence on their 2020 California income tax returns.
Continue Reading New Disclosure Law for California Taxpayers: A Huge Breach of Privacy? Probably Not.