ACC Update - ACC Sports & Entertainment Committee December Newsletter (Plain Text Version)

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Message From the Chair

Hi S&E Committee members!

I hope you have all had a good year, both personally and professionally.

I want to thank the subcommittee chairs and committee members who have helped make this a successful year for the committee. While we did not win Small Committee of the Year, I am looking forward to building on this year’s success and taking us forward into the next.

Annual Meeting 
Annual Meeting is now behind us. We had three interesting and informative panels that were well attended. As with years past, Ogletree Deakins sponsored the committee’s Oktoberfest-themed networking party, which was an unqualified success. Our October committee business meeting and Legal Quick Hit were held as a breakfast meeting during the Annual Meeting and it was nice to meet some of you in person. 

Planning is already underway for next year and we are starting to gather topic suggestions. If you have any ideas (particularly ones you would like to speak on at the Annual Meeting), please send them to David Cohen (DCohen@Buccaneers.nfl.com) and Rob Simmons (olympic09@gmail.com).

Hi S&E Committee members!

I hope you have all had a good year, both personally and professionally.

I want to thank the subcommittee chairs and committee members who have helped make this a successful year for the committee. While we did not win Small Committee of the Year, I am looking forward to building on this year’s success and taking us forward into the next.

Annual Meeting
Annual Meeting is now behind us. We had three interesting and informative panels that were well attended. As with years past, Ogletree Deakins sponsored the committee’s Oktoberfest-themed networking party, which was an unqualified success. Our October committee business meeting and Legal Quick Hit were held as a breakfast meeting during the Annual Meeting and it was nice to meet some of you in person.

Planning is already underway for next year and we are starting to gather topic suggestions. If you have any ideas (particularly ones you would like to speak on at the Annual Meeting), please send them to David Cohen (DCohen@Buccaneers.nfl.com) and Rob Simmons (olympic09@gmail.com).

Get Involved
The committee is always looking for new volunteers to work with our subcommittees to help build and grow the programs and resources we offer to our members and to the broader sports and entertainment community. Committee involvement is a great way to meet new people, develop your professional network, to give back to the legal community, and even to grow personally. And it doesn’t require a huge time commitment. We really do rely on the input of our subcommittee volunteers to ensure we offer programs, resources, and events that are valuable to all of our members. If you are interested in getting more involved, please join our monthly calls and/or reach out to any of the leadership team for more information.

In-person Networking
We are continuing to develop local in-person networking/MCLE events so you can meet your local colleagues in person and build your networks. If you would like to help us plan an event in your local area, please reach out to me and/or Laura Greenberg (laura@littlstar.com), our membership chair.

Newsletter
We are hoping to start expanding our newsletter to include member-written content, announcements and the like. If you are interested in contributing, please contact Shameeka Quallo (squallo@iscmotorsports.com).

Programming & Resources
We rely on input from our members to ensure we are providing programming and resources that are useful to you in your practices. If you have thoughts on topics or resources you think would be valuable to committee members, or if you have resources to contribute, please reach out to Josh Kane (josh.kane@lpga.com).

Global Outreach
We are still looking for a couple of volunteers with global experience to help us plan the EMEA and APAC webinars and to help us source resources that will benefit our global members or our domestic members who deal with global issues. Please contact me if you are interested in more information.

As always, huge thanks to our sponsor, Ogletree Deakins, for its continuing commitment to the committee.

And don’t forget, if you are on Twitter, please be sure to follow the committee at @ACCSELC. 

I hope you have a great holiday season and I look forward to another successful year ahead.

Current Leadership List

 

Position

Name

Chair

Danielle Van Lier
SAG-AFTRA

Vice-Chair

Julie Maresca
Motion Picture Licensing Corporation

Secretary

Nyea Sturman
Orlando Magic

Chapter, Committee & Organization Relations Chair

Roxanne Khazarian
Gerald Holdings LLC

Annual Meeting Programming Co-Chairs

David Cohen
Tampa Bay Buccaneers

Rob Simmons
In-transition

Programming & Resources Chair

Josh Kane
LPGA

Membership – Chair

Laura Greenberg
Littlstar

Communications – Chair

Shameeka Quallo
ISC

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Upcoming Programs

Legal Quick Hits

We hope you will join us at upcoming Sports & Entertainment Legal Quick Hit monthly calls. The Committee meets the third Tuesday of each month at 3pm EST (8pm GMT).

 

Feb 20, 2018   Topic: More details coming soon!  Pre-register Here

 

Webcast

January 31, 2018  (10am EST / 3pm GMT)

Topic:         EMEA: Emerging Pay Equity Issues in Europe for the Sports and Entertainment Industry

Presenter:   Daniella McGuigan, Partner (London), Ogletree Deakins

Summary:   Pay equity, one of the foremost issues facing employers today, has become particularly important in the sports and entertainment industry, where celebrities have begun to publicly champion it and call out inequitable practices. Join Daniella McGuigan, a partner from the London office of Ogletree Deakins, as she discusses emerging pay equity issues in Europe and best practices for sports and entertainment companies maintaining compliance with the various laws.

This webcast is free and open to the public

REGISTER HERE

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The 2017 Annual Meeting Experience

From Josh Kane, Chair of Programming & Resources

I really enjoyed my time at the 2017 ACC Annual Meeting.  I’ve been an ACC member for several years, but this was my first time attending.  It was a jam-packed 2.5 days of networking, practical updates and learnings, access to recommended vendors, and great food and activities in Washington, DC.  I really enjoyed the contract-drafting/negotiation, law department technology, and leadership sessions.  And, all of the sessions included useful materials and sample documents that I can use in my day-to-day work.  The annual meeting is a great opportunity to step back from your work, engage with other corporate counsel, and stay on top of best practices.

From Shameeka Quallo, Chair of Communications

My 1st Annual Meeting experience was nothing short of amazing, as I met countless ACC members and leaders from other groups, regions and chapters.  The environment was welcoming and everyone I met was willing to discuss their roles as in-house counsel, the challenges they face within their roles, and how they are able to balance their workload while remaining active and engaged with ACC.  The Annual meeting provided relevant information to help you make the most of your role as in-house counsel, informative panel discussions, detailed course materials and countless resources.  Additionally, there was ample time to network with other members, leaders, vendors, and law firms, etc. either via breaks during the programming, the welcome reception, breakfast or formal dinner receptions. I left D.C. feeling renewed and armed with relevant and useful resources to implement in my day-to-day responsibilities.

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Annual Committee Survey

As a Sports & Entertainment (S&E) Committee member, we value and need your feedback to help us ensure we continue to offer relevant programs, resources, and other benefits to our membership. In addition, your feedback helps ACC and the S&E Committee ensure quality programming for the ACC Annual Meeting each year. You can help us by taking a few minutes to complete the survey on or before February 12, 2018. 

Take survey now

Thanks in advance for your time. [return to top]

Member Spotlight – 10 Questions With Julie Maresca

Julie Maresca, Executive Vice President & General Counsel, Motion Picture Licensing Corporation
In her role as Executive Vice President & General Counsel, Julie leads the legal department of a global company and is responsible for structuring, negotiating and drafting domestic and international agreements, such as agreements with studios and customers, joint venture deals, franchise agreements and agency agreements. She manages the company’s intellectual property portfolio and provides business and legal guidance on a broad range of business initiatives. Julie also oversees the company’s human resources department.


1. What enticed you to work in the entertainment law industry?

When I joined MPLC, I was enticed about the idea of going in house, more so than the idea of working in entertainment law. I initially wanted to work in international business and saw a law degree as a critical piece of that training. I worked for a LA County Superior Court judge for several years after law school and then relocated to Milan, Italy where I obtained my MBA at the SDA Bocconi business school. After business school I moved to Paris and worked for several years supervising international marketing campaigns and doing contractual work. I then returned to the U.S. as a litigation associate at a law firm. However, I started thinking about going in house where I could combine my law and business degrees. I joined MPLC in 2002, and immediately felt that the entertainment law industry would be a wonderful add-on to my existing skillset. Although creativity is not high on my personal list of skills, I understand and value the importance of protecting the creative works of artists. As Executive VP and General Counsel of MPLC I am able to do just that.
 

2. Describe one of your proudest moments since you’ve been in the entertainment law industry?

Although this may sound like a small feat, one of my proudest moments was when I successfully obtained registration for a trademark that had been denied twice by the USPTO. I’m most proud of the resiliency I demonstrated as I appealed their decision and performed countless research to support the trademark application. It was also great to hear that there were debates internally at the USPTO office on granting the trademark, and to know that I put forth valid arguments and research in support of my application. Needless to say, obtaining the trademark registration, after an extended and contested process, is still one of my proudest moments.


3. When you are not working, what is your favorite thing to do
?

Outside of work, I enjoy watching movies, having dinner with friends and traveling. My favorite place to travel is Italy, which holds a special place in my heart since it’s the location where I met my husband.
 

4. If you could do anything and knew you wouldn't fail, what would you do and why?

I would run a company. The type of company that comes to mind is one that helps children around the world with healthcare. I’d love to run a company and move it forward by identifying new ways of doing business and/or introducing new products. The second thing I would do if I knew I wouldn’t fail is “fly.”

5. What is your favorite quote?

Although I’m not a big fan of quotes, one that speaks to me is “Leaders who don’t listen will eventually be surrounded by people who have nothing to say.” Andy Stanley


6. In between handling your job responsibilities, how do you develop and maintain professional relationships?

ACC of course. Through ACC I’ve developed relationships with professionals outside of my company. By attending ACC events and conferences and by remaining active on committees I’ve met people that I wouldn’t normally cross paths with and developed not only business relationships, but also friendships.
 

7. Name one resource (book, article, website) that changed your life?

I enjoy listening to Ted Talks, since they are filled with nuggets of wisdom. The Ted Talk that truly inspired me was given by Randy Pausch, a Carnegie Mellon professor who was dying of pancreatic cancer, about how you can truly achieve your dreams from your childhood.
 

8. What webpages are currently open on your computer?

Google (which I must say has played a significant part in my efficiency nowadays), CNN and my guilty pleasure website is TMZ.
 

9. What is one thing you wish you knew about the entertainment law industry before you started?

I wish I knew the value of developing and nurturing relationships and how important those relationships can be to excelling within your career. While it’s very important to produce quality work product, relationships help you navigate within the company. Secondly, effective communication is critical.

10. What is one piece of advice you would offer to someone looking for ways to excel within their career?

I’ll give three. First, throughout your career you must always work hard and work with the right intentions. Secondly, Speak Up. Instead of just listening, don’t be hesitant to be vocal and an active part of the decision making process. Lastly, networking plays a crucial role in excelling within your career.

 

We would like to thank Julie for her time and wonderful insight. [return to top]

Sponsor’s Corner – Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

All Bets Are On in California? The Golden State’s Bid to Legalize Sports Gambling
Authors: Dawn M. Knepper and Hera S. Arsen, Olgetree Deakins

If you’re gearing up for your fantasy football draft, you might be interested to know that the California Legislature is considering a proposal to legalize sports gambling. Assembly Constitutional Amendment No. 18 is a resolution to amend the California Constitution (particularly, Section 19 of Article IV) to authorize the legislature to allow gambling on sports “only if a change in federal law occurs to authorize sports wagering in this state.”

Currently, federal law—in particular, the Professional and Amateur Sports Protection Act (PASPA)—prohibits a governmental entity from conducting “betting, gambling, or wagering” based “on competitive games or performances in which amateur or professional athletes participate.” The Supreme Court of the United States will enter the fray next term when it will decide a case involving a New Jersey law that repeals certain prohibitions on sports gambling, which the Third Circuit ruled violates PASPA.

California Assemblyman Adam C. Gray (D-Merced), who has been a proponent of legalizing online poker and fantasy sports, introduced the proposal on July 20. “We need to crack down on illegal and unregulated online gaming and replace it with a safe and responsible option which includes safeguards against compulsive and underage gambling, money laundering and fraud,” Gray said in a statement. “All other gaming activities in California are subject to regulations that ensure the safety of consumers. Sports wagering should be treated no differently.”

 

What Does This Mean for Gambling in the Workplace?

 As we have noted in the past, in addition to PASPA, which prohibits gambling on sports in most states, the Interstate Wire Act of 1961 has been interpreted to prohibit online betting and the National Collegiate Athletic Association (NCAA) opposes even the “harmless small-dollar bracket office pool.” Nevertheless, it’s expected that millions of workers will participate in fantasy football and March Madness office pools every year. While the laws prohibiting these activities are rarely enforced, employers may want to avoid being seen as sanctioning gambling pools. Constitutional Amendment No. 18 would change your current game plans only if the federal laws on gambling also change. Only time will tell whether the Supreme Court’s decision next term will be a game changer for gambling enthusiasts. [return to top]

Resource Availability

Please be on the lookout for the following resources available in the ACC Library:

 
We are also actively searching for new resources.  If you are willing to contribute any contract template (sponsorship, endorsement, licensing, media distribution, production, vendor, confidentiality, etc.), checklist, or any other document that you find useful in your practice, please feel free to share by sending your document(s) to Josh.Kane@lpga.com.  Our goal is to provide value to all members by sharing collective best practices. [return to top]

Follow Us

Please follow us on Twitter @ACCSELC for additional announcements from the Committee, as well as news from the world of sports and entertainment law.

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Join Our Committee

If you are interested in joining the Communications sub-committee please send an email to squallo@iscmotorsports.com.   [return to top]

Interested in Presenting?

If there is anyone that would be interested in presenting a Legal Quick Hit (LQH) for the S&E Committee, please reach out to Julie Maresca at jmaresca@mplc.com. [return to top]