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

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Message From the Chair

Hello committee members - 

I hope your year has gotten off to a good start. The committee has had a few glitches to start the year, but they look to be back on track now. We have some good programming in the works for the month ahead and some new features for the newsletter, as well. 

To update you on some activities –

Programs and Publications: We are continuing to build our collection of resources for attorneys working in sports and entertainment. If you have any sample forms, checklists, contracts, etc that you would like to share, please reach out to the subcommittee chair, Josh Kane (Josh.Kane@lpga.com). Additionally, please check out the Sponsor’s Corner below for another great article from Ogletree Deakins.

Global Outreach: The committee’s outreach to the global sports and entertainment community is continuing. We are still trying to establish regular EMA and APAC calls and are looking for volunteers to assist. This would not entail much time commitment but it would provide the committee invaluable insight into regional needs. If you are interested, please reach out to me.

Newsletter: If you are interested in contributing to the committee’s quarterly newsletter please reach out to Shameeka Quallo (squallo@iscmotorsports.com) or Nicole Nakagawa (Nicole.nakagawa@sagaftra.org​). We’d love to expand the newsletter with additional content, so if you would like to see yourself in (digital) print, here’s your chance.

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

If you are interested in getting more involved in the committee, please join our monthly call or feel free to reach out to me or our subcommittee chairs. And if you are on Twitter, please be sure to follow the committee at @ACCSELC.

Hello committee members - 

I hope your year has gotten off to a good start. The committee has had a few glitches to start the year, but they look to be back on track now. We have some good programming in the works for the month ahead and some new features for the newsletter, as well. 

To update you on some activities –

Programs and Publications: We are continuing to build our collection of resources for attorneys working in sports and entertainment. If you have any sample forms, checklists, contracts, etc that you would like to share, please reach out to the subcommittee chair, Josh Kane (Josh.Kane@lpga.com). Additionally, please check out the Sponsor’s Corner below for another great article from Ogletree Deakins.

Global Outreach: The committee’s outreach to the global sports and entertainment community is continuing. We are still trying to establish regular EMA and APAC calls and are looking for volunteers to assist. This would not entail much time commitment but it would provide the committee invaluable insight into regional needs. If you are interested, please reach out to me.

Newsletter: If you are interested in contributing to the committee’s quarterly newsletter please reach out to Shameeka Quallo (squallo@iscmotorsports.com) or Nicole Nakagawa (Nicole.nakagawa@sagaftra.org​). We’d love to expand the newsletter with additional content, so if you would like to see yourself in (digital) print, here’s your chance.

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

If you are interested in getting more involved in the committee, please join our monthly call or feel free to reach out to me or our subcommittee chairs. And if you are on Twitter, please be sure to follow the committee at @ACCSELC.

Current Leadership List

 

Position

Name

Chair

Danielle Van Lier
SAG-AFTRA

Vice-Chair

Julie Maresca
Motion Picture Licensing Corporation

Secretary

Nyea Sturman
Orlando Magic

Annual Meeting Programming Co-Chairs

David Cohen
Tampa Bay Buccaneers

Rob Simmons
In-transition

Programs & Publications Chair

Josh Kane
LPGA

Membership – Chair

Laura Greenberg
Littlstar

Communications – Chair

Shameeka Quallo
ISC

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Legal Quick Hits

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).

March 20, 2018   
Topic: Personal Branding: From Confusion to Clarity to Confidence
Presenter: Vivian VanLier CPRW, JCTC, CCMC, CEIP, CPBS
Trivia Contest Prize: $100 Gift Card
Pre-register Here

Apr 17, 2018
Topic: Right of Publicity / Personal Image Rights
Pre-register Here

May 15, 2018
Topic: More details coming soon!  
Pre-register Here

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Upcoming Events

ACC Sports & Entertainment Committee & NYC Chapter Happy Hour

March 15, 2018

The ACC Sports and Entertainment Committee and the ACC New York City Chapter are pleased to invite you to a Meet & Greet happy hour.

Time:               6:30pm-9:00pm (ET)

Location:         Legends Speakeasy - NY, 61 Broadway, Suite 2400, New York, NY 01006              

Register Here [return to top]

Member Spotlight – 10 Questions With Laura Jeffords Greenberg

Laura Jeffords Greenberg, Senior Vice President – Business & Legal Affairs, Littlstar

Description of your Role and Responsibilities: In-house counsel for the premier international virtual reality distribution platform, Littlstar.


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

I pursued a career in sports because I admired the power of sport to inspire and unite people. During and after law school, I worked in the sports industry for the NFL, and then at a firm defending sports teams in litigation. From these experiences, I found I enjoyed the business side of sports more than litigation. This discovery led to my transition to in-house counsel and to the media side by accepting a position at Red Bull Media House. Now, I’m at Littlstar, which is a tech company in media and entertainment. I love it for the same reasons I was drawn to sports - the power of and potential for the virtual reality (VR) and augmented reality (AR) mediums to inspire and unite people.
 

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

Since I was young, I feared and dreaded public speaking. Last year, I committed to overcoming my fear through speaking engagements. In 2017, I spoke on several legal and non-legal panels, gave a presentation at an international VR festival, and came to enjoy these experiences. I was proud I pushed myself to overcome my fear, especially since I’ve come to enjoy sharing knowledge in a cutting edge sector of the entertainment industry. Additionally and unrelated, I’m proud to have reached a point in my career where I do not have to wear business attire to the office.


3.
If you could do anything and you knew that you wouldn't fail, what would you do and why?

I believe that mistakes and failure are key to overcoming challenges and becoming a more knowledgeable and skilled human being so I don’t try to avoid failure in the conventional sense. However, if I had no fear of failing financially (as in there would be no negative financial impact to me or my family), then I would start my own business which aimed to make a positive impact on the world.
 

4. What is your favorite inspirational quote?

This week it’s: “Certainty is the enemy of growth.” - Mark Manson


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

As a somewhat new parent (to a 1 ½ year old daughter and Swiss Mountain dog), my life primarily revolves around family, CrossFit, travel, and new experiences.

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

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.
 

7. Name 1 resource (book, article, website) that changed your life?

My current top 3 books:

  1. The Culture Map: Breaking Through the Invisible Boundaries of Global Business by Erin Meyer for a better understanding of communication and decision making styles around the globe.
  2. The Subtle Art of Not Giving a F*ck: A Counterintuitive Approach to Living a Good Life by Mark Manson for reframing Buddhist principles in the context and vocabulary of our modern times.
  3. The Code of Trust: An American Counterintelligence Expert's Five Rules to Lead and Succeed Hardcover by Robin Dreeke for practical leadership and communication skill development.

8. What webpages are currently open on your computer (or what sites do you visit daily)?

Gmail (and Google Suite), Various VR/AR Facebook Groups, messenger services (WhatsApp, Slack and Facebook messenger), Jira (software which helps to plan, track, and release our digital products) and Spotify.

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

Certain aspects of working in the sports and entertainment are cyclical and repetitive (e.g. the same events happen each season) in contrast to the technology industry which is always evolving. I enjoy the process of adapting to change and uncertainty.

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

Be true to who you are in your professional life. If you feel yourself being forced to fit into a corporate culture, then that’s probably not the right company for you and that’s okay. Leverage those feelings to make a change.

 

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

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

Proposed Pepsi Center Consent Decree Requires Open Captioning at Games and Concerts

By: David Raizman

In a proposed consent decree submitted for preliminary approval to the federal district court in Denver on December 29, 2017, the owners and operators of the Pepsi Center arena in Denver reached an agreement with a proposed class of deaf and hard of hearing plaintiffs to provide open captioning of all aural (spoken or heard) content at games played and concerts held at the arena. Kurlander v. Kroenke Arena Company, LLC, U.S.D.C. D. Colo. Case No. 16-cv-02754-WYD-NYW.

The idea that aural content must be effectively communicated to arena fans is not new (for example, Feldman v. Pro Football, Inc., 419 Fed. Appx. 381, 392 (4th Cir. 2011); 28 C.F.R. § 36.303(c)(1)).The novelty in this proposed consent decree is that it requires open captioning (in four locations in the corners of the arena) as a required means of providing such communication and that it covers all aural content, including, for example, lyrics to prerecorded songs.

Many arena operators and owners currently have sought compliance with the Americans with Disabilities Act’s “effective communication” obligation by providing live-time transcriptions to fans’ phones or tablets or through devices available for checkout, by open captioning certain aural content (like the National Anthem or player introductions), and/or by providing sign language interpreters upon request. Open captioning will not necessarily work for all deaf fans or in all facilities because there may be issues with poor viewing angles to static locations from certain seats, deaf fans’ varying facility with written English, or the lack of available space for adequate (or any) open captioning.

Because the agreement to use open captioning as the sole compliance solution is the product of a negotiated settlement, arena operators may not want to read the court’s eventual approval of the consent decree as a directive or even blessing for this approach. But, arena operators can be reasonably certain that the settlement will prompt deaf fans at other venues to request more open captioning and perhaps even a few legal claims for the failure to provide such open captioning.

To prepare for this likely result, owners and operators of arenas and stadiums may want to review their current practices for providing aural content to deaf fans and guests, including an exploration of the viability and effectiveness of new means of communicating aural content, including the potential for open captioning. If asked in a court proceeding, an arena operator will likely want to say that the open captioning option was recently reviewed and considered, whether or not it is adopted or rejected. Whatever general approach may be adopted does not, however, absolve operators from considering alternative requests for communication from individual fans. [return to top]

CLO Tip

Our inaugural CLO Tip comes from Brett Scharback, General Counsel, Chicago Cubs

Never underestimate the value of experience in a new or different area of the law. The value is often missed, but it leads to personal and professional growth, builds your resume, and makes you a better in house counselor. What could be frustrating or daunting can turn out to be invaluable down the road as you create your career narrative, and may be worth more than compensation. [return to top]

Resource Availability

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

Employment:

Social Media:

Music:

Contracts:

Commercial Transactions:

 

 
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]