“ Andrew Hurwitz is a highly regarded entertainment lawyer with a keen understanding of the business of film, television, and other media platforms,” said Frankfurt Kurnit Entertainment Group Co-chair Richard Hofstetter. “We look forward to having Andrew and Alan on our team.”

For nearly 20 years, Andrew Hurwitz has provided the full range of transactional and advisory services to clients in the motion picture, television, and digital rights businesses. On behalf of artists, producers, high net-worth individuals and companies,  he has negotiated and structured virtually every type of development, production, financing, and distribution agreement, and he advises on corporate matters -- including acquisitions and joint ventures. He has brokered many high profile film sales to major studios and individual rights buyers in the U.S. and abroad.

Mr. Hurwitz’ clients include the writer/director Tom McCarthy (WIN WIN), the executive producer Michael Cuesta (HOMELAND), the writer Phil Johnston (CEDAR RAPIDS), and the producer Gary Gilbert (MARGRET and THE KIDS ARE ALRIGHT). Mr. Hurwitz is regularly featured in The Hollywood Reporter, Variety, and Chambers USA – on the lists of the leading entertainment lawyers. 

Mr. Sacks, who has worked with Mr. Hurwitz for more than six years, joins Frankfurt Kurnit as counsel. He also focuses on the motion picture and television industries, with special expertise in financing (including debt, equity and structured products), distribution, and sales throughout  the world. Mr. Sacks represents writers, directors, performers, and individual producers in both the studio system and independent arena. He is the co-author with Andrew Hurwitz of “What the New Sundance Deals Look Like,” published in The Hollywood Reporter’s 2011 “Sundance Issue.”

Prior to joining Frankfurt Kurnit, Mr. Hurwitz was a partner at the entertainment law firm Schreck Rose Dapello Adams & Hurwitz, LLP. Mr. Sacks was a senior associate with the firm.

Frankfurt Kurnit’s attorneys have been top listed in twelve categories: Advertising Law ( Jeffrey A. Greenbaum, Candice Kersh, Rick Kurnit), Commercial Litigation ( Ronald Minkoff), Copyright Law ( Rick Kurnit), Entertainment Law ( Michael P. Frankfurt, Richard B. Heller, Richard Hofstetter, Rick Kurnit, Edward H. Rosenthal, Thomas D. Selz), Ethics and Professional Responsibility (Richard Maltz, Ronald Minkoff), Legal Malpractice – Defense ( Ronald Minkoff), Legal Malpractice – Plaintiffs ( Ronald Minkoff), Litigation – Intellectual Property ( Rick Kurnit), Litigation - Regulatory Enforcement ( Ronald Minkoff), Media Law ( Rick Kurnit), Trademark Law ( Rick Kurnit) and Trusts & Estates ( Linda Wank).  Frankfurt Kurnit had the most attorneys listed in the Entertainment Law category.

“We are honored to have such a large presence on this prestigious list,”  said Frankfurt Kurnit managing partner Jeffrey A. Greenbaum. “Our attorneys have a passion for what they do and we are thrilled that our peers have recognized us for our good work.”

Best Lawyers® lists attorneys in 82 practice areas, from all 50 states including District of Columbia. The 2012 edition of Best Lawyers, published in December 2011, is based on more than 3.9 million evaluations of lawyers by other lawyers. The New York Area’s 2012 Edition of Best Lawyers® was also included in the December issue of US News and World Report.

New York, N.Y. Frankfurt Kurnit Klein & Selz has been named to the Crain’s 2011 “Best Places to Work in New York City” list published today by Crain’s New York Business.  It was the second time in three years that the firm was included on the Best Places to Work list – a list that comprises the top 50 employers in New York City across all industries. 

“It’s a great honor to be named one of Crain’s Best Places to Work in New York City ” said Frankfurt Kurnit managing partner Jeffrey A. Greenbaum. “Frankfurt Kurnit is an amazing place -- and we’re thrilled that our team feels so good about the firm.  We’ve always recognized that in order to have a great law firm you’ve got to attract and retain the best talent.”

Frankfurt Kurnit Klein & Selz ranked 30^th on the list. The rankings in this list were based on the results of 12,494 surveys of employees in New York City. To see the full list, click here.

“We couldn’t be prouder of Terri,” said Frankfurt Kurnit managing partner Jeffrey A. Greenbaum. “She’s a spectacular lawyer, and a leader in the field, and we are very pleased that Super Lawyers recognized this.”

Terri advises on all issues and transactions relating to traditional and cutting-edge online marketing and promotion of products and services. She counsels clients in a wide range of industries, including consumer products, entertainment, telecommunications, financial services, and pharmaceuticals.

Super Lawyers magazine is an annual publication that names attorneys in each state who received the highest ratings, as a result of peer review and independent research. Frankfurt Kurnit’s other Super Lawyers this year include Lisa Davis, Michael Frankfurt, Jeff Greenbaum, Richard Heller, Richard Hofstetter, Candice Kersh, Rick Kurnit, Ron Minkoff, Brian Murphy, Amy Nickin, Ned Rosenthal, Tom Selz, Barbara Shiers, Linda Wank, Jean Ward, and Maura Wogan. The editors also listed associate Michael Schiffer as a “Rising Star” in the First Amendment – Media – Advertising category.

Frankfurt Kurnit Klein & Selz, PC has added Toby Butterfield as a partner in the firm’s Litigation and Intellectual Property Groups. Mr. Butterfield formally joined the firm on August 19, 2011.

“ Toby Butterfield is a rising talent in the IP Litigation world and a perfect fit for our already well-regarded IP Litigation team,” said Frankfurt Kurnit Litigation Group Chair Edward Rosenthal. “He is a great addition to our law firm.”

Mr. Butterfield has 20 years of experience litigating and counseling on copyright, trademark, defamation, digital media, and commercial matters, and his clients include major media and entertainment organizations. He has handled cases for entertainment and media companies ranging from HIT Entertainment, Inc., Business Traveller magazine, Bloomsbury Publishing Plc, and A&E Television Networks, to technology companies FilmOn and iView Multimedia Ltd. He also represents individual authors and executives as well as designers and manufacturers of luxury goods such as Juliska®.

Prior to joining Frankfurt Kurnit, Mr. Butterfield was a partner at Cowan, DeBaets, Abrahams & Sheppard LLP. 

Influential Entertainment Lawyer to be Honored by Historic Civil Rights Organization

New York, N.Y. - Frankfurt Kurnit Klein & Selz Entertainment Group partner Lisa E. Davis will receive a Women of Power Award at the 2011 National Urban League Conference.  This Award is presented annually to influential women in the civil rights, technology, entertainment, journalism, sports and corporate sectors. 

“We are extremely proud that Lisa has been named a Woman of Power by the National Urban League, one of the great Civil Rights organizations,” said Frankfurt Kurnit founding partner Michael Frankfurt. “She has had a distinguished 23 years with us, and we look forward to many more.”

Other honorees include MSNBC Anchor Tamron Hall, actress Wendy Raquel Robinson, Major League Baseball Senior Vice President Wendy Lewis, Verizon Foundation President Rose Stuckey Kirk, UL Hampton Roads President and CEO Edith G. White, Boston City Councilor Ayanna Pressley, and Massachusetts Superior Court Associate Justice Kimberly S. Budd.

Conference speakers include Bill Gates, Massachusetts Gov. Deval Patrick, the Rev. Jessie Jackson, Sr., former NJ Governor Christine Todd Whitman, Rev. Al Sharpton, and Harvard University’s Dr. Henry Louis Gates, Jr.

The conference will be held at the Boston Convention and Exhibition Center from July 27 to July 30. The Women of Power Luncheon, a conference highlight, will be held on July 30. More than 800 corporate, business, and civic leaders are expected to attend.

“Many courts and arbitration panels have held that possession alone cannot constitute illegal trafficking,” said Frankfurt Kurnit’s Brian Maas, an attorney for Mr. Block.

Here, there was no evidence that Mr. Block offered any athlete, including his wife, EPO or any like substance.

“We believe the decision to extend the anti-trafficking rule to cover Mr. Block’s case in this situation is reversible error,” said Maas.

The March 18th press release issued by USADA erroneously states that the panel decision “confirm[ed that] Block administered and supplied banned substances including ‘the clear’, ‘the cream’ and Modafanil.”

“But there is no such finding in the panel's decision,” said Maas.

Mr. Block has asked USADA to retract that portion of its press release.

Block is preparing to appeal the decision to the Court of Arbitration for Sport on these and other grounds.

New York, N.Y.— Iddo Arad and Mark Merriman have been named partners to the Entertainment Group of Frankfurt Kurnit Klein & Selz, PC.  The promotions are effective January 1, 2011.

“Iddo and Mark have brought a unique array of talents, experience and relationships to our firm,” said Richard Heller, Partner and Co-Chair of the Frankfurt Kurnit Entertainment Group.  “We are thrilled that they will continue to expand their practices here and become much more involved in the long-term strategic growth of our Entertainment Group.”

About Iddo Arad

Iddo Arad focuses on transactional entertainment, media, and intellectual property matters. He represents renowned motion picture studios, production companies, distributors, networks, lenders, private equity financiers, independent producers, writers, directors, fine artists, musicians and other entertainment and media individuals and entities, helping them to acquire, develop, finance, produce, and distribute artistic and entertainment content.  Prior to joining Frankfurt Kurnit, Mr. Arad was an associate in the entertainment group of the law firm Sheppard Mullin Richter & Hampton, LLP, where he represented major motion picture studios and production companies in transactional entertainment and advertising matters. He also served as Director of Business Affairs for Focus Features, a division of NBC Universal, where he negotiated motion picture finance, distribution, sales and acquisition agreements for the international division and attended and participated in major international film markets and festivals.

He is a founding member of VIOLENS, a music group that records and distributes original material and performs in major venues throughout North America, Europe and Asia.

About Mark Merriman

Mark Merriman practices in all aspects of general entertainment law with a focus on theatre-related transactions.  He advises on worldwide theatrical rights acquisition, licensing, creative personnel agreements, theatrical syndication financing, music publishing, and related production agreements and transactions.  He also advises on book publishing transactions including representation of authors of fiction, non-fiction, illustrators and underlying rights owners in their agreements with publishers, agents and collaborators.

Mr. Merriman has been production counsel for Broadway, Off-Broadway, and touring live stage productions such as "Mistakes Were Made", "Our Town", “Adding Machine”, "Gates of Gold", “Gone Missing”, “No Child”, "Dr. Seuss' How The Grinch Stole Christmas, the Musical", and “The Great American Trailer Park Musical” (non-union touring production), and numerous other projects currently in development, including "The Seduction of Sister Aimee".  Mr. Merriman also represents playwrights, composers, lyricists, underlying rights holders, estates, music publishers, directors and other creative team personnel in the live stage industry.  Prior to entering law school, he worked in the theatre industry on several long-running Broadway musicals, directed and collaborated on numerous Off-Broadway productions, and served as the business manager of the WPA Theatre in New York City.

New York, N.Y.— Deborah Wolfe has joined Frankfurt Kurnit Klein & Selz, PC as a partner in the firm’s Corporate and Finance Group effective December 1, 2010.

“We are very excited to welcome Deborah Wolfe to our Corporate and Finance Group,” said founding partner and group co-chair Tom Selz. “The many synergies between Deborah’s expertise and our existing expertise will increase the opportunities for both our firm and our clients.”

“Ms. Wolfe brings additional high level M&A, joint venture, and private equity experience to Frankfurt Kurnit clients in New York and around the world,” added Frankfurt Kurnit Managing Partner Jeffrey A. Greenbaum. “She adds an important dimension to our existing capabilities and will enhance our ability to service clients in a broad array of corporate transactional matters.”

Ms. Wolfe has represented clients in industries ranging from media and the life sciences to manufacturing and hospitality. She has special expertise in media and entertainment industry transactions -- with a focus on the formation and operation of joint ventures and the purchase and sale of publishing assets and businesses.

Prior to joining Frankfurt Kurnit, Ms. Wolfe was a partner at Hogan Lovells and its predecessor firms where she practiced for nearly 25 years.  Her clients included major multinational companies such as HarperCollins Publishers, Readers Digest, various Fox entities, as well as individual entrepreneurs and executives.

New York, N.Y. — Joseph C. Mahon has joined Frankfurt Kurnit Klein & Selz, PC as a partner in the firm’s Estate Planning and Administration Group. Mr. Mahon formally joined the firm on October 18th.

“Joe Mahon is well-known within the trusts and estates bar and is a great addition to our Estate Planning and Administration Group,” said group co-chair Barbara Shiers. “He brings real value to our firm and our estate planning clients throughout New York, New Jersey and Pennsylvania.”

For almost 30 years, Mr. Mahon has advised high net-worth individuals, including corporate executives and business and real estate owners, in identifying and implementing their estate planning goals. He lectures frequently on estate planning for numerous organizations including The New York City Bar, the New Jersey Institute for Continuing Legal Education, the New Jersey Society of Certified Public Accountants, and the Princeton Bar Association. His articles have appeared in Trusts & Estates Magazine, New Jersey Lawyer, Unique Homes, and other prominent publications.

Prior to joining Frankfurt Kurnit, Mr. Mahon was a partner at Cooper Levenson April Niedelman & Wagenheim, P.A., where he oversaw the firm’s trusts & estates practice in the Princeton and Cherry Hill offices.

New York, N.Y. — Frankfurt Kurnit Klein & Selz, PC has added Terri J. Seligman as a partner in the firm’s Advertising Group. Ms. Seligman formally joined the firm on July 30th.

" Terri J. Seligman is a superstar in the advertising law world and a great addition to our already well-known Advertising Group,” said Rick Kurnit. “She brings real value to our firm and to our agency and brand clients worldwide.”

For almost 20 years, Ms. Seligman has focused on advertising, promotions, and marketing law. She advises on all issues and transactions relating to both traditional and cutting-edge online marketing and promotion of products and services. She counsels clients in a wide range of industries, including consumer products, entertainment, telecommunications, financial services, and pharmaceuticals.

Her practice covers all advertising and marketing issues from review of advertising claims and their substantiation to the application of marketing and intellectual property laws and laws governing rights of publicity and privacy. Ms. Seligman also advises on social media, sweepstakes, and contests, and state laws governing gift cards, reward programs, rebates, and other popular marketing devices; and she represents companies in disputes and regulatory matters before the National Advertising Division (NAD), broadcast networks, and state and local enforcement agencies. Ms. Seligman also drafts and negotiates contracts for advertising and marketing arrangements, including celebrity talent deals, sponsorship and co-promotion agreements, media agreements, and licensing agreements.

Prior to joining Frankfurt Kurnit, Ms. Seligman was a partner with Manatt, Phelps & Phillips, LLP, and Loeb & Loeb LLP.

New York, N.Y. A three-judge panel of the US Court of Appeals for the Second Circuit ruled today that the award-winning documentary filmmaker Joe Berlinger will get a full hearing in July on his appeal from the lower court decision that had ordered him to turn over more than 600 hours of raw film footage to Chevron Corporation. The lower court’s May 20th order directing Berlinger to produce the footage will be stayed during the pendency of the appeal.

“Today’s decision signals that the appeals court takes seriously the rights of investigative journalists like Joe Berlinger,” said Maura Wogan of Frankfurt Kurnit, the lawyers for Mr. Berlinger and his production company.

Chevron had asked the lower court to order production of unused footage from Berlinger’s documentary film Crude. That film reports on an environmental catastrophe in the Amazon rainforest, and the decades of fierce litigation that have ensued between the indigenous people affected by the damage and Chevron, the US corporation allegedly responsible for the harm. Crude debuted at the Sundance Film Festival in January 2009, was released in theaters in the fall of 2009, and is currently available on DVD from First Run Features and Netflix. The company hopes to mine the unused footage for evidence to support its position in various legal proceedings.

"I am delighted that the appellate court seems to understand the significant public interest in my appeal being heard,” said Berlinger. “The stay that was granted today will allow us to argue the merits of our position before the Court."

About Joe Berlinger

Joe Berlinger is an award-winning filmmaker, journalist and photographer. His films include the landmark documentaries BROTHER’S KEEPER, PARADISE LOST: THE CHILD MURDERS AT ROBIN HOOD HILLS, and METALLICA: SOME KIND OF MONSTER. His most recent film, the multi-award-winning CRUDE, debuted at the 2009 Sundance Film Festival and has received numerous accolades including being named one of the Top Five Documentaries of the Year by the National Board of Review and Best International Green Film at Berlin's prestigious Cinema For Peace. Berlinger has also directed and produced numerous hours of television, including the Emmy-winning 10 DAYS THAT UNEXPECTEDLY CHANGED AMERICA and the critically acclaimed Sundance Channel series ICONOCLASTS, now entering its fifth season. Berlinger is currently directing a new series called Masterclass for Oprah Winfrey's new television network and developing two narrative feature films which he plans to produce and direct: EDUCATION OF A FELON about the life of cult prison novelist Edward Bunker; and FACING THE WIND, based on Julie Salamon’s bestselling nonfiction book of the same name. He is also developing a feature documentary exploring the life and work of horror novelist, filmmaker, and artist Clive Barker and is now in production on the third installment of the PARADISE LOST series, slated to air on HBO in 2011.

Top Entertainment Lawyer to be Feted at Annual Dinner

New York, N.Y. Frankfurt Kurnit Klein & Selz entertainment partner Lisa E. Davis has been named “Lawyer of the Year” by The Metropolitan Black Bar Association. The Association will honor Ms. Davis at its 26th Anniversary Awards Dinner on June 28th at Steiner Studios in Brooklyn beginning at 6PM. US Attorney General Eric Holder, the Hon. Yvonne Lewis (Sup. Ct. N.Y.), and Pfizer Inc VP and Assistant General Counsel Atiba D. Adams will also be honored.

“We are very proud that Lisa was named Lawyer of the Year by The Metropolitan Black Bar Association,” said Frankfurt Kurnit founding partner Michael Frankfurt. “She has had a distinguished 22 years with us, and we look forward to many more.”

“We are thrilled that Lisa Davis continues to be recognized as one of the leading entertainment lawyers in America representing our film, television, publishing, music, theatre, and media clients,” said Richard Hofstetter, co-Chair of the Frankfurt Kurnit Entertainment Group.

According to The Honorable ShawnDya Simpson, Co-Chair of the 2010 MBBA Dinner, " Lisa Davis was selected from a very short list of top lawyers in the NYC area. Her accomplishments in the profession place her on a similarly short list of legal minds and thinkers nationwide. She is therefore a fitting selection whose accomplishments in her profession place her on par with the United States Attorney General, Eric Holder, also an honoree."

About Lisa E. Davis

Lisa Davis is a partner in the entertainment group at Frankfurt Kurnit Klein & Selz. For more than 20 years, Ms. Davis has been recognized as one of the leading entertainment lawyers in America representing clients in the film, television, publishing, music, theatre, and media industries. In addition to counseling on day-to-day business issues, Ms. Davis has helped many entertainment clients expand into complementary businesses, including publishing, concert promotion, music, celebrity endorsements, and merchandising. Ms. Davis’s clients include the authors Terry McMillan and Valerie Plame Wilson, and she has served as counsel on a number of well-known documentary films such as "The Black List," "Jonestown", "Beyond Beats and Rhymes" and "9/11"; and feature films such as "Blackout" and the classic Spike Lee films "Malcolm X" and "Jungle Fever." Ms. Davis also represents award-winning playwrights and Broadway producers and has been involved in such shows as “Let Me Down Easy,” "Radio Golf," and "Bridge & Tunnel.” Ms. Davis was recently again named a New York-area “Super Lawyer” in the field of entertainment and sports by Law and Politics magazine (2009), and recognized by The Network Journal as one of the “25 Influential Black Women in Business” (2007). She has also been named one of “America’s Top Black Lawyers” by Black Enterprise Magazine (2003) and one of that magazine’s “Top 50 Black Power Brokers in Entertainment” (2002). She is a frequent speaker on intellectual property, publishing, branded entertainment, social media, electronic marketing, and legal ethics, and has been quoted in Elle Magazine, The New York Times, Black Enterprise, The Network Journal, The New York Law Journal and other publications.

About the Metropolitan Black Bar Association

The purpose of the Metropolitan Black Bar Association (MBBA), a unified citywide association of African-American and other minority lawyers, is to advance equality and excellence in the pursuit of justice, aid the progress of Blacks and other minorities in the profession, address legal issues affecting the citywide community, and foster the study of law by encouraging the personal and professional development of young lawyers and law students. Founded on July 5, 1984, the Metropolitan Black Bar Association was created from the merger of the Harlem Lawyers Association, founded in 1921 and the Bedford Stuyvesant Lawyers Association, founded in 1933. As one of the largest organizations of Black attorneys in New York State, the MBBA continues the rich legacy of its two predecessor organizations by providing a voice for Black legal professionals in the communities it serves. Today, the MBBA is comprised of mostly minority attorneys in large and small law firms, solo practitioners, all levels of government, academia, corporations, financial institutions, not-for-profit organizations and the judiciary.

New York, N.Y. A federal district court judge today ordered Joe Berlinger, an award-winning documentary filmmaker (BROTHER'S KEEPER, PARADISE LOST, METALLICA: SOME KIND OF MONSTER), to turn over more than 600 hours of raw film footage to Chevron Corporation.

Chevron had asked the court on April 9th to order production of outtakes from Berlinger’s documentary film Crude. That film reports on an environmental catastrophe in the Amazon rainforest, and the decades of fierce litigation that have ensued between the indigenous people affected by the damage and Chevron, the US corporation allegedly responsible for the harm. Crude debuted at the Sundance Film Festival in January 2009, was released in theaters in the fall of 2009, and is currently available on DVD from First Run Features and Netflix.

Chevron and its lawyers hope to mine the footage for material to use in their defense of this decades-long environmental lawsuit brought in Ecuadorean courts. The court rejected Berlinger’s attempt to protect both his sources, and his editorial process, from this intrusion, and is allowing Chevron to sift through hours of raw footage.

“Today’s extremely broad decision will cause grave harm to journalists, investigative reporters and documentary filmmakers,” said Maura Wogan of Frankfurt Kurnit, the lawyers for Mr. Berlinger and his production company. “The court has shown an unprecedented lack of sensitivity to the journalist’s privilege and the First Amendment.”

“We will appeal today’s unfortunate decision,” said Berlinger. “The filming and production of Crude – which presents both sides of this compelling and important story – is precisely the type of investigative journalism that the First Amendment was designed to protect.”

For a copy of the decision and Mr. Berlinger’s legal papers, please click here.

About Joe Berlinger

Joe Berlinger is an award-winning filmmaker, journalist and photographer. His films include the landmark documentaries BROTHER’S KEEPER, PARADISE LOST: THE CHILD MURDERS AT ROBIN HOOD HILLS, and METALLICA: SOME KIND OF MONSTER. His most recent film, the multi-award-winning CRUDE, debuted at the 2009 Sundance Film Festival and has received numerous accolades including being named one of the Top Five Documentaries of the Year by the National Board of Review and Best International Green Film at Berlin's prestigious Cinema For Peace. Berlinger has also directed and produced numerous hours of television, including the Emmy-winning 10 DAYS THAT UNEXPECTEDLY CHANGED AMERICA and the critically acclaimed Sundance Channel series ICONOCLASTS, now entering its fifth season. Berlinger is currently directing a new series called Masterclass for Oprah Winfrey's new television network and developing two narrative feature films which he plans to produce and direct: EDUCATION OF A FELON about the life of cult prison novelist Edward Bunker; and FACING THE WIND, based on Julie Salamon’s bestselling nonfiction book of the same name. He is also developing a feature documentary exploring the life and work of horror novelist, filmmaker, and artist Clive Barker and is now in production on the third installment of the PARADISE LOST series, slated to air on HBO in 2011.

In a ground-breaking decision that altered US copyright law, the United States Court of Appeals for the Second Circuit today overturned a lower court ruling that had barred publication of 60 Years Later -- Coming Through the Rye. The case will now return to Judge Deborah A. Batts of the US District Court for the Southern District of New York. Judge Batts, who had barred the book on July 1, 2009, must now apply a new legal standard to the case.

Attorneys for the author, Fredrik Colting, and his US distributor, SCB Distributors Inc., had argued that publication of 60 Years Later -- a thoughtful literary critique on The Catcher in the Rye and J.D. Salinger – would not harm JD Salinger’s copyright in Catcher. But the lower court did not require Mr. Salinger to show that he would be irreparably harmed if the book is published.

Under the appeals court decision today, the lower court must now require Mr. Salinger’s representatives to prove actual harm to his copyright in Catcher before a book ban can issue. The lower court also must consider the interests of the public in having the book published.

“We are pleased that the injunction barring the publication of 60 Years Later has been vacated,” said Edward H. Rosenthal of Frankfurt Kurnit. “We are confident that when the district court applies the new analysis required by the appeals court, the book will not be enjoined.”

For a copy of the decision, visit http://www.fkks.com/jdsalinger.asp  

Corporate Fishing Expedition Would Impair Future Investigative Reporting

New York, N.Y. Filmmaker Joe Berlinger and his production company, Third Eye Motion Picture Company, today filed legal papers opposing Chevron’s request for raw footage created during the filming of Berlinger’s documentary film Crude. The film reports on an environmental catastrophe in the Amazon rainforest, one of the earth’s most treasured natural resources, and the decades of fierce litigation that have ensued between the indigenous populations affected by the damage and the US corporation allegedly responsible for the harm. Crude debuted at the Sundance Film Festival in January 2009, was released in theaters in the fall of 2009, and is currently available on DVD from First Run Features and Netflix.

“Unused film footage and other editorial materials from Crude are protected by the journalist’s privilege under federal law and the First Amendment,” said Maura Wogan of Frankfurt Kurnit, the lawyers for Mr. Berlinger and his production company. “We will vigorously oppose Chevron’s attempt to get to these materials.”

Chevron and its lawyers apparently hope to mine the footage for material to use in their defense of a decades-long environmental lawsuit brought in Ecuadorean courts. The company asked a federal court in New York on April 9 to order production of more than 600 hours of footage related to Crude.

“Documentary filmmakers play an essential role in exposing social injustice,” said Berlinger. "As with traditional journalists, their sources must be protected or we risk the demise of this kind of comprehensive investigative reporting."

For a copy of Mr. Berlinger’s legal papers, please click here.

About Joe Berlinger

Joe Berlinger is an award-winning filmmaker, journalist and photographer. His films include the landmark documentaries BROTHER’S KEEPER, PARADISE LOST: THE CHILD MURDERS AT ROBIN HOOD HILLS, and METALLICA: SOME KIND OF MONSTER. His most recent film, the multi-award-winning CRUDE, debuted at the 2009 Sundance Film Festival and has received numerous accolades including being named one of the Top Five Documentaries of the Year by the National Board of Review and Best International Green Film at Berlin's prestigious Cinema For Peace. Berlinger has also directed and produced numerous hours of television, including the Emmy-winning 10 DAYS THAT UNEXPECTEDLY CHANGED AMERICA and the critically acclaimed Sundance Channel series ICONOCLASTS, now entering its fifth season. Berlinger is currently directing a new series called Masterclass for Oprah Winfrey's new television network and developing two narrative feature films which he plans to produce and direct: EDUCATION OF A FELON about the life of cult prison novelist Edward Bunker; and FACING THE WIND, based on Julie Salamon’s bestselling nonfiction book of the same name. He is also developing a feature documentary exploring the life and work of horror novelist, filmmaker, and artist Clive Barker and is now in production on the third installment of the PARADISE LOST series, slated to air on HBO in 2011.

Newark, New Jersey. Paris Wilson, the nine year old Jersey City boy who watched for 36 hours as his family slowly died in front of him, a result of a 911 dispatch gone wrong, will have the appeal of the dismissal of his case heard on Wednesday February 3rd in Newark.

Paris, his two siblings (both age eleven) and his mother were all brutally stabbed by his uncle in their apartment. Paris’s mother died immediately, but he and his brother and sister waited in vain for 36 hours for police to arrive. A neighbor who heard the disturbance called 911 twice, but because 911 operators failed to follow policy and procedure and did not obtain the caller’s name, phone number, location, and location of the emergency, no help came. Paris’s brother and sister died before help finally arrived.

Paris and the Wilson estate sued Jersey City, the The State of New Jersey and the individual call takers, dispatcher, and police officers involved in the incident. Lawyers for Wilson developed voluminous evidence – including admissions from the Chief of Police -- showing that the defendants failed to follow mandatory policies and procedures in the performance of their jobs, and that these failures caused the deaths and other psychological and physical harm.

But the trial judge refused to order a trial and instead dismissed Wilson’s case. The judge held that certain New Jersey “immunity” statutes essentially shielded the 911 operators, the police, and municipalities from lawsuits by persons harmed as a result of 911 call negligence.

“We strongly believe the trial judge misread New Jersey law,” said Patrick Boyle of Frankfurt Kurnit, one of the law firms representing Paris Wilson and the Wilson’s estate. “New Jersey law does not protect 911 operators and police whose failure to follow mandatory policies and procedures leads to a tragedy like this one.”

“For the family’s sake, and for the sake of people requiring 911 assistance everywhere, the appeals court should correct this injustice and permit Paris Wilson’s claims to proceed to a trial,” said co-counsel Brian Harris of Braff, Harris & Sukoneck.

While the Wilson case has been a focus of press attention in the past (e.g., http://www.nj.com/hudson/index.ssf/2009/05/paris_wilson_now_12_speaks_abo.html), the case is also part of a larger landscape. The 911 emergency calling systems in many major metropolitan areas have proved to be a risky patchwork of unreliable procedures and often poorly trained human actors. The result is a nationwide series of well-publicized murders and accidents that could have been prevented if operators, police, and other public officials had responded appropriately in emergency situations. An emergency response system reform effort has begun (see, e.g., http://abcnews.go.com/GMA/denise-lees-widower-911-reform/story?id=8867033), and we at Frankfurt Kurnit are proud to be in the vanguard – working side by side with grieving families not only in New Jersey, but in Texas and Florida as well.

The appellate argument in the Wilson case will take place on Wednesday February 3rd in the Superior Court of New Jersey, Appellate Division, in the Veterans Courthouse, 50 W. Market Street in Newark, 11th floor, room 1114. To see a copy of Mr. Wilson's appellate brief, click here. 

August 11, 2009 - New York, N.Y. Frankfurt Kurnit Klein & Selz has been named to the 2009 ”Best Law Firms for Women” list published today by Working Mother magazine and Flex-Time Lawyers LLC. The exclusive list honors 50 law firms for their commitment to work-life balance and the success and advancement of women lawyers.

“We are extremely proud to be recognized as one of Working Mother magazine and Flex-Time Lawyers Best Law Firms for Women,” said Frankfurt Kurnit founding partner Michael Frankfurt. “Our firm has long recognized the positive impact flexible scheduling and work-life accommodation have on our lawyers and staff.”

“Frankfurt Kurnit has always been a destination for women lawyers,” said Lisa E. Davis, a partner in the Entertainment Group. “From the top down, we’ve had a commitment to a creating an environment that encourages the advancement of women, as well as specific policies that help women attorneys achieve balance in their personal and professional lives.”

To join the "Best Law Firms for Women" list, Frankfurt Kurnit submitted detailed information on the retention and promotion of women lawyers in six areas: workforce profile, family friendly benefits and policies, flexibility, leadership, compensation, and retention and advancement of women. The questionnaire and evaluation process was created by Working Mother magazine and Flex-Time Lawyers LLC.  To see full list, click here.

The winning law firms will be feted at a luncheon at The Pierre Hotel on September 15th.

Seeks to overturn book ban

July 23, 2009 – New York, N.Y. The author, publisher and distributor of 60 Years Later -- Coming Through the Rye filed today a 60-page brief asking a federal appeals court to reverse a lower court order banning publication of the book in the U.S.

“We will demonstrate that the injunction against 60 Years Later is an impermissible prior restraint on a First Amendment-protected work,” said Edward H. Rosenthal of Frankfurt Kurnit, attorneys for Mr. Colting and SCB Distributors Inc. “This book – a thoughtful literary critique on The Catcher in the Rye and J.D. Salinger – should not be banned.”

“We’re fighting to give people in the U.S. the opportunity to read 60 Years Later and decide for themselves whether it adds to their understanding of J.D. Salinger and his work.” added Aaron Silverman of SCB Distributors Inc.

The case is now before the U.S. Court of Appeals for the Second Circuit, located in New York City. In a preliminary proceeding, District Court Judge Deborah A. Batts ruled that the book infringed J.D. Salinger’s copyright in Catcher and the Holden Caulfield character. Under the ruling, the book may not be published or distributed in the U.S.

In their appellate brief, lawyers for author Fredrik Colting and SCB Distributors Inc. make several arguments, including that 60 Years Later is not “substantially similar” to Catcher; that 60 Years Later should enjoy fair use protection as a work that comments critically not only on Catcher but also on J.D. Salinger and his views as reflected in his work; and that J.D. Salinger has failed to meet the standard required for an injunction under controlling U.S. Supreme Court authority.

J.D. Salinger’s brief to the Second Circuit is due August 13th. Colting and SCB Distributors Inc. will then have an opportunity to reply by August 21st. “We hope to get a final decision from the Second Circuit in early September,” said Rosenthal.

For a copy of the 60 Years Later appeals brief, as well as other documents filed in this litigation, visit http://fkks.com/jdsalinger.asp.

July 22, 2009 – New York, N.Y. Frankfurt Kurnit Klein & Selz, PC, the leading New York-based media and entertainment law firm, announced today a global services alliance with prominent music business law firm Serling Rooks Ferrara McKoy & Worob, LLP. Through the alliance, the two firms will be uniquely positioned to provide clients with a complete portfolio of legal services for all facets of their careers.

“Frankfurt Kurnit is one of the world’s best full service entertainment law firms,” said Joseph Serling of Serling Rooks Ferrara McKoy & Worob. “We look forward to combining our industry-leading music expertise with Frankfurt Kurnit's extensive array of services, relationships, and deep knowledge of the media and entertainment industry, to offer our clients the full range of services they can find nowhere else.”

“Music is an essential component in many of today's entertainment and branded entertainment transactions,” said Frankfurt Kurnit partner Amy Nickin. “This innovative arrangement provides our entertainment clients with Serling Rooks’ unparalleled music business expertise, and their clients with our firm’s wide range of premium media and entertainment services.”

In addition to its renowned full-service Entertainment Group, Frankfurt Kurnit’s client service areas also include advertising, intellectual property, litigation, technology, corporate, finance, tax, estate planning, and other complementary services.

“This strategic alliance ensures that our collective clientele will receive superior representation in all aspects of their creative and business endeavors,” Nickin added.

Frankfurt Kurnit clients include The Tribeca Film Festival, Aaron Sorkin, Dean Koontz, John Goodman, Bradley Whitford, Amanda Seyfried, Dan Fogler, Scholastic Inc., @radical.media, The Gatorade Company, Nike, Sephora USA, Inc., and other high-profile individuals and corporations.

Serling Rooks clients include Lady Gaga, Fallout Boy, The Fray, John Mayer, Maroon 5, Trans Siberian Orchestra, Gavin DeGraw, 3Oh!3, Zac Brown Band, Metrostation, Ozzy Osbourne, Moby, Pete Seeger, Ani DiFranco and many other well-known musical artists, producers, labels and properties. The two law firms will continue to operate independently in their current offices and under their current firm names.

About Serling Rooks Ferrara McKoy & Worob

Serling Rooks Ferrara McKoy & Worob represents recording artists, producers, songwriters, music publishers, record companies, marketing companies, managers, production companies and booking agencies. The firm’s clients include some of the top artists, songwriters, record labels, executives and entrepreneurs in the music business.

July 1, 2009 – New York, N.Y.  A federal judge today granted J.D. Salinger’s request to stop U.S. publication of 60 Years Later -- Coming Through the Rye, by Fredrik Colting.

In a preliminary proceeding, U.S. District Court Judge Deborah A. Batts ruled that the book infringed J.D. Salinger’s copyright in the Holden Caulfield character, as well as Salinger’s right to create sequels and other works derivative of The Catcher in the Rye. Under the ruling, the book may not be published or distributed in the U.S.

“We are very disappointed that the judge chose to ban Mr. Colting’s book,” said Edward H. Rosenthal of Frankfurt Kurnit, attorneys for Mr. Colting and SCB Distributors Inc. “60 Years Later is an important critical work about The Catcher in the Rye. Because of the Court's decision banning the book, members of the public are deprived of the chance to read the book and decide for themselves whether it adds to their understanding of Salinger and his work.” 

Rosenthal said his clients plan to file an expedited appeal to the U.S. Court of Appeals for the Second Circuit.

“Today’s ruling temporarily prevents us from bringing a wonderful book to U.S. readers,” said Aaron Silverman of SCB Distributors Inc. “We strongly disagree with the decision and plan to appeal. 60 Years Later is an imaginative commentary on Salinger and his relationship to the character that defined him.  We look forward to being vindicated on appeal and bringing 60 Years Later to American readers this fall.”

June 15, 2009 – New York, N.Y. The author Fredrik Colting, his publisher Windupbird Publishing and his U.S. distributor, SCB Distributors Inc. today filed their brief and supporting documents in New York federal court opposing J.D. Salinger’s attempt to prevent U.S. publication of 60 Years Later -- Coming Through the Rye. The court will hear oral arguments Wednesday June 17th at 11:30AM at the United States Courthouse, 500 Pearl Street, New York, N.Y. Here are the documents we filed today:

Brief in Opposition to Plaintiff’s Motion for Preliminary Injunction

Fredrik Colting Declaration

Exhibit A – List of Characters

SCB Distributors (Silverman) Declaration

Literary Expert (Woodmansee) Declaration

Literary Expert (Spoo) Declaration

Literary Expert (Nelson) Declaration

Literary Agent (Ortiz) Declaration

Attorney (Myler) Declaration

Attorney (Rosenthal) Declaration

Contact: Edward H. Rosenthal, Frankfurt Kurnit, (212) 826-5524; erosenthal@fkks.com

June 10, 2009, New York, N.Y. — The author John David California, his publisher Windupbird Publishing and his U.S. distributor, SCB Distributors  (SCB) will ask a New York federal court on Monday to deny J.D. Salinger’s attempt to prevent U.S. publication of 60 Years Later -- Coming Through the Rye.

“J.D. Salinger’s ham-fisted attempt to squash this thoughtful book must fail,” said Aaron Silverman of SCB Distributors.

Salinger claims 60 Years Later infringes his copyright in the Holden Caulfield character, and his right to create works derivative of The Catcher in the Rye.

But a review of 60 Years Later shows it to be an independent work worthy of Copyright and First Amendment protection.

“Readers will find 60 Years Later to be an imaginative commentary not only on Salinger and his relationship to the character that defined him – but also on their joint status as cultural icons,” added Silverman. “It’s a completely new story.”

“Salinger’s copyright simply does not extend this far,” said Edward H. Rosenthal, a copyright and publishing lawyer with Frankfurt Kurnit who represents California and SCB. “A prior restraint on publication in this case would dramatically extend the reach of copyright protection and threaten an entire genre of protectable literary work,” added Rosenthal.

Mr. California and SCB also argue that publication of 60 Years Later poses no threat of commercial harm to Mr. Salinger’s franchise. “With no proof of commercial harm, Salinger’s request for an injunction fails,” said Rosenthal.

The court will hold a hearing on Wednesday, June 17. A copy of the author and publisher’s Opposition to Plaintiffs’ Motion for a Preliminary Injunction will be made available on Monday June 15th.

Contact: Edward H. Rosenthal, Frankfurt Kurnit, (212) 826-5524; erosenthal@fkks.com
Contact: Aaron Silverman, SCB Distributors (310) 532-9400

Frankfurt Kurnit Klein & Selz, PC has added Mary Sotis as a partner in the firm’s Intellectual Property Group and Advertising Group effective May 26, 2009.

“ Mary Sotis adds important skill, experience, and relationships to our well-respected IP and Advertising Groups,” said Frankfurt Kurnit Intellectual Property Group Chair Edward Rosenthal. “She is a great addition to our firm.”

About Mary Sotis

Ms. Sotis advises major international brands in the sports, apparel, hospitality, publishing, alcoholic beverages, financial services, and energy industries. She counsels on all aspects of intellectual property law, from the initial creation of intellectual property, through registration, enforcement, merchandising, branding, and other commercial exploitation. She also advises on trade dress, dilution, ambush marketing, counterfeiting, endorsement, rights clearance, sponsorship, and other advertising and marketing matters.

Ms. Sotis is an active member of the International Trademark Association (INTA) where she has spoken on new developments in trademark law. Prior to joining Frankfurt Kurnit, Ms. Sotis served as Group Vice President of National Hockey League Enterprises, where she managed the league’s intellectual property functions and oversaw growth of the hockey brand throughout North America and Europe. Ms. Sotis was also counsel to White & Case, L.L.P., one of the world’s largest law firms, where she was a member of the Intellectual Property Group in the firm’s New York and Rome/Milan offices.

Ms. Sotis is a graduate of New York University School of Law (JD 1988) and Pennsylvania State University (BA, Magna Cum Laude, 1985). She is admitted to practice in New York.