Mediator Resume

Arbitrator, Mediator

Independent Arbitrator / Mediator, 2018-Present; Partner, Davis Wright Tremaine LLP, 2015-2018; Founding Partner, Wyman & Isaacs LLP (and predecessors), 1985-2015; Associate, Freedman & Sobel, 1982-1985; Associate, Swerdlow Glickbarg & Shimer, 1981-1982.

Over the past 43 years in law, have spent the last four years as a full time arbitrator and mediator adjudicating and mediating entertainment, copyright, idea submission, trademark, contract, right of publicity, profit participation, accounting, real estate and business litigation matters. And spent the prior 37 years gaining first chair experience as an attorney litigating entertainment, copyright, idea submission, trademark, contract, right of publicity, profit participation, accounting, real estate and business litigation matters. Entertainment and Soft IP: Extensive experience handling litigation claims/disputes involving copyright infringement (literary and music), idea submission, right of publicity, breach of contract, profit participation, back-end calculations, royalties and other accounting issues, custom and practice issues, trademark, trade dress, defamation, trade libel, video game contracts, virtual reality technology, privacy, trade secrets, departing band members, valuation, lost credit/career enhancement, fair use in a copyright and in a right of publicity context, First Amendment defense, grant of rights, chain of title, sequels and remakes, waterfall provisions, producer attachment issues (glomming-on producers and frozen-out producers), final cut, film financing, delivery, delivery payments, P&A guarantees and related issues. Representation of motion picture studios, television networks, video game developers, virtual reality developers, media companies, profit participants, rights-holders, financiers, producers, distributors, actors, writers, musicians, rock bands, talent and talent representatives. Contracts and Business: All types of contract and business disputes including purchase and sale of a business; formation and termination of joint ventures, LLCs, partnerships and corporations; manufacturing, distribution and retail agreements; social media agreements; damages calculations; lost profits and diminution in value analyses and related issues. Real Estate: All kinds of real estate disputes including disputes over purchase and sale agreements; brokers, agents and finders; disclosures; options; 1031 and accommodator issues; leases and landlord/tenant issues; partnerships, joint ventures and LLCs – formation, contributions, distributions and dissolution; valuation issues; buy-outs; title issues; escrow issues; insurance issues; development issues; easements; lis pendens recordations; construction issues; boundary disputes; seawalls; ADA compliance issues and related issues. Trusts: Interpretation of trusts and distribution issues and related issues. Employment: Various employment disputes including wrongful termination issues, employer v. independent contractor issues, disputes over bonus compensation and related issues. Legal Malpractice, PI and Insurance: Legal malpractice claims of all kinds including underlying cases involving entertainment, soft IP, contract, business and real estate and insurance issues related to these subject matters. Transactional Experience: Meaningful experience with entertainment and real estate transactional matters.

Loyola Law School (JD-1981); Pomona College (BA, with Distinction-1978).

Admitted to the Bar: California (1981); U.S. District Court: Central (1981), Southern (2004), Northern (2007) Districts of California; U.S. Court of Appeals: Ninth Circuit (1982); U.S. Supreme Court (2002).

Copyright Society of Los Angeles; Copyright Society of the United States; Association of Business Trial Lawyers; Beverly Hills Bar Association, Entertainment Section; Los Angeles County Bar Association, Intellectual Property Section.

Publications: "Is Rogers v. Grimaldi dead? No! but ...", Daily Journal, June 14, 2023 "Is an agreement to share in an income stream derived from copyright exploitation subject to copyright termination?", Daily Journal, May 17, 2023 "Jack Daniel’s Dog Toy Case May Clear Up Fuzzy IP Issue", Law 360, Media and Entertainment, January 26, 2023 "Warhol Justices May Shift IP Picture Of Transformative Art", Law 360, Media and Entertainment, October 6, 2022 "Recovering Lost Video Game Profits In The Age Of COVID-19", Law 360, Media and Entertainment, June 24, 2020 "Does a Non-Managing Member of an LLC Owe a Fiduciary Duty to the Other Members?", Daily Journal, March 17, 2020 "Does MMA Preempt Turtles’ California State Law Claim?", Daily Journal, October 23, 2019 "Relentless Pursuit", Daily Journal, August 30, 2019 "Key Damages Questions to Ask in Copyright Mediation", Law 360, Media and Entertainment, June 18, 2019 “Profit Participation Mediation Tips From the ‘Bones’ Case”, Law 360, Media and Entertainment, March 21, 2019 “Key Damages Questions To Ask In Copyright Mediation”, Law 360, Media and Entertainment, June 18, 2019 Speaking Engagements: The “Combo Theory” as it Relates to the “Blurred Lines” Case (Pharrell Williams) and the “Spark the Fire” Case (Gwen Stefani) Is the Combination of Non-Protectable Expression Itself Protectable and, if so, When? (Copyright Society of the United States -- July 18, 2019) Building Persuasive Damages Models for Business Cases and Related Contract Drafting Tips (Signature Resolution - October 20, 2021)

Hourly Rate: Not provided Daily Rate: $18,000.00 Study Rate: $1,800.00/hr Cancellation: $18,000.00/Day Cancellation Period: 45 Days Comment:

English

United States of America

Los Angeles, California