DAVID R. SINGER, Partner

David Singer is Co-Chair of the firm’s nationally recognized Content, Media and Entertainment Practice and a member of the firm’s Intellectual Property, Trade Secrets, Antitrust, and Litigation practice groups. He has represented major motion picture studios, broadcast and cable television networks, live entertainment promoters, newspapers, book publishers, marketing agencies, technology companies, and biotech firms. He counsels and represents clients in many areas, including copyright, trade secrets, trademarks, antitrust, right of publicity, and complex commercial disputes. David has also represented some of the largest Internet websites. He successfully defended claims in seminal litigation involving user-generated content and the Communications Decency Act, and one of the first antitrust cases brought against a large social media network. DAVID R. SINGER David is currently representing the Las Vegas Review-Journal and its owners in Partner a closely-watched antitrust lawsuit between Las Vegas news rivals involving the LOS ANGELES enforceability of a Joint Operating Arrangement under the 1970 Newspaper Office: 213 239-2206 Preservation Act – one of the last of its kind in the nation. Email: [email protected]

David represented Twentieth Century Fox Film Corp., author Gillian Flynn, PRACTICE GROUPS director David Fincher and producers Reese Witherspoon and Bruna Papandrea Antitrust and Competition Law in securing the dismissal of a copyright infringement lawsuit based on the Content, Media and Entertainment Intellectual Property critically acclaimed movie Gone Girl. Litigation Sports and Gaming He regularly provides production and distribution advice to major studios and Trade Secrets and Restrictive Covenants television networks. David has also litigated disputes involving television license Trademark, Advertising and Unfair agreements for professional and college sports, Super Bowl advertising, and the Competition Practice use of music in sports broadcasts. He has been representing FOX Sports for INDUSTRY GROUPS more than 15 years in a variety of matters, including television rights, COVID-19 / Coronavirus Resource Center production, and distribution. EDUCATION University of Pennsylvania Law School, JD, David has also represented and advised biotech firms, a national automotive 1999 supplier, drug manufacturers, and a major drug distributor in a wide range of University of Pennsylvania, BA, 1996; magna matters including trade secrets, contract disputes, and antitrust claims. cum laude

Among many notable matters, David co-led a Jenner & Block team that obtained ADMISSIONS California a significant win for medical supply distributor McKesson in an antitrust lawsuit accusing the company and others of conspiring to inflate prices for syringes and COURT ADMISSIONS US Supreme Court catheters. The case is on appeal in the Seventh Circuit. He served as co-lead counsel for News Corp subsidiary Move, Inc. and the National Association of US Court of Appeals, Ninth Circuit Realtors in a high profile trade secrets lawsuit against online real estate portal US Court of Appeals, Seventh Circuit Zillow and two of its senior executives, securing a $130 million settlement for his US Court of Appeals, Second Circuit clients on the first day of trial. US District Court, Central District of In addition, David has represented television broadcasters and copyright owners California in some of the most significant copyright lawsuits affecting the television US District Court, Eastern District of industry, including WNET v. Aereo and Fox Broadcasting Company v. DISH California Network. US District Court, Northern District of California David has been a Chambers USA “recognized practitioner” in the Media and US District Court, Southern District of Entertainment (California) category. In 2021, the Los Angeles Times honored California

©Copyright 2021 Jenner & Block LLP. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. him as a “Legal Visionary” for his leading work in the content, media, and entertainment sector. In 2015, Variety's "Legal Impact Report" listed him among the top lawyers in the entertainment industry, one of just 26 litigators selected. In 2015, the Daily Journal ranked David among the “Top 50 Entertainment Lawyers” in California. He was named a "Rising Star" by Law360 in 2012 and by Southern California Super Lawyers in 2008.

As a thought leader, David regularly presents on cutting edge legal topics such as content distribution, digital forensics and virtual reality. In 2020, David won the Burton Award for Distinguished Legal Writing for his article on deepfake videos and their impact on Hollywood. In 2006, he received the State Bar of California’s Wiley W. Manuel Pro Bono Legal Services Award.

David represented Twentieth Century Fox Film Corp., author Gillian Flynn, director David Fincher and producers Reese Witherspoon and Bruna Papandrea in securing the dismissal of a copyright infringement claim based on the critically acclaimed movie Gone Girl.

David also defended the network, producers, and writers behind The Mick TV series which aired for two seasons on FOX in an "idea submission" lawsuit.

David represented a biosimilar drug-maker in a high-profile trade secrets case brought by a large pharmaceutical manufacturer.

David and his partners represented a large pharmaceutical distributor and obtained dismissal of a class action antitrust complaint brought by healthcare providers.

David represented one of the largest real estate listings websites in a class action claim brought by real estate agents for breach of contract and violation of California's Unfair Competition law and successfully obtained an order enforcing the parties' arbitration clause and class-action waiver, effectively ending the case in favor of his client.

David represented a prominent sports network in a dispute involving the valuation of television rights for college football. That same year, David represented a broadcast network in successfully resolving a dispute over a Super Bowl ad that was cancelled by the NFL before it aired. Also in 2017, David represented television networks in a dispute over music licensing for telecasts of professional and college sports.

Move, Inc., et al. v. Zillow, Inc., et al.: Co-led the representation of News Corp subsidiary Move and the National Association of Realtors in a lawsuit against online real estate portal Zillow and two of its senior executives. The plaintiffs, who own and operate realtor.com, brought claims for trade secret misappropriation, breach of contract, and breach of fiduciary duty, among others, in the King County Superior Court in Seattle, Washington. The allegations focused on Zillow's $3.5 billion acquisition of Trulia, including the misappropriation of trade secrets related to a new product strategy and the destruction of evidence. The case ended with a $130M settlement on the first day of trial.

Marshall, et al. v. ESPN, et al.: Represented a leading sports media licensing firms in a putative class action brought by former NCAA college athletes alleging antitrust and right of publicity violations. The defendants successfully obtained a dismissal of all claims, and the case was affirmed by a federal appeals court.

Fox Broadcasting Company v. DISH Network: Represented several Fox entities in a copyright infringement and breach of contract action against DISH Network, relating to its "PrimeTime Anytime" and "AutoHop" services, that made unauthorized copies of the entire primetime broadcast schedule for all four major networks every night, and then provide the programs to subscribers "on demand" in a commercial-free format. Fox also sued over the "DISH Anywhere" service, which streamed Fox's program over the Internet without authorization. The matter finally reached a settlement in February 2016, ending this four-year copyright battle.

WNET v. Aereo: Represented a consortium of broadcast television companies (including Fox Television Stations, PBS, WPIX, Univision Television Group, and WNET) in a copyright case against Aereo, Inc., a company that captured over-the-air television programming and retransmitted it over the Internet without the authority of the copyright owners. Jenner & Block handled this matter at every stage of the litigation, starting in the Southern District

2 of New York, on appeal to the Second Circuit, and in the U.S. Supreme Court. On June 25, 2014, the Supreme Court ruled in favor of the broadcasters, resulting in a monumental win for our clients regarding the scope of the public performance right for over-the-broadcasts. On remand, a preliminary injunction was secured with Judge Nathan (S.D.N.Y) finding Aereo publicly performed and also rejecting Aereo's defense that it was entitled to a compulsory license under Section 111 of the Copyright Act. Jenner & Block continued to represent the broadcasters in the bankruptcy proceedings, in which a settlement was reached in June 2015 and Aereo permanently enjoined.

In re: NCAA Student-Athlete Name & Likeness Licensing Litigation: Counseled Fox Broadcasting Company (FBC) and the Big Ten Network (BTN) regarding various antitrust and right-of-publicity claims brought by a putative class of current and former student athletes against the NCAA, Collegiate Licensing Company and Electronic Arts, Inc. FBC and BTN were not named as defendants in the suit, but successfully blocked efforts by plaintiffs to subpoena highly sensitive TV sports contracts and other documents. The suit claimed that the defendants violated federal antitrust laws by conspiring to deprive student athletes of revenues from the athletes' names, images and likenesses. David also represented FBC and BTN in filing an amicus brief to preserve sports broadcasters' First Amendment right to televise sporting events without having to obtain consent from the athletes or any other participants. The issues briefed by FBC and BTN were at the center of this case and have received significant media attention.

Chuck Zito v. FX Networks, LLC (L.A. Super. Ct.): Represented FX Networks in an idea submission/breach of implied contract claim brought by a former Hells Angel. The plaintiff alleged that FX stole his idea for the award-winning TV series Sons of Anarchy. On summary judgment, FX successfully demonstrated, as a matter of law, that the idea for the series was independently created and not stolen.

Doe v. MySpace, Inc., et al. (L.A. Super. Ct; Cal. Ct. App.): Obtained a victory for MySpace in this closely watched case that helped shape the online legal landscape. In 2007, four sets of teenage plaintiffs and their parents sued MySpace for negligence and strict products liability seeking to hold the website liable for damages suffered by the teens, who were sexually assaulted, offline, by men the girls had met on MySpace.com. MySpace obtained a dismissal of all claims on the grounds that they were barred by Section 230 of the federal Communications Decency Act. The California Court of Appeal unanimously affirmed the dismissal and, in October 2009, the California Supreme Court denied plaintiffs'/appellants' petition for review.

Live Universe, Inc. v. MySpace, Inc. (C.D. Cal.): Achieved a significant victory for MySpace by successfully obtaining the dismissal of antitrust claims brought by LiveUniverse, the owner of a social networking website that had alleged MySpace was unlawfully monopolizing the market for social networking. In 2008, the 9th Circuit Court of Appeals affirmed the dismissal.

Anthony v. The Walt Disney Co., et al (C.D. Cal.): Defended Disney and Pixar in a copyright infringement and breach of implied contract lawsuit. The plaintiff claimed that defendants' CARS motion pictures and animated shorts infringed his copyrighted materials and misappropriated a concept he had purportedly submitted to defendants. Defendants moved for judgment on the pleadings and, in July 2011, successfully obtained the dismissal of all claims. In July 2012, The Ninth Circuit Court of Appeals affirmed.

DiTocco v. Riordan, et al. (S.D.N.Y.): Represented author Rick Riordan and Disney Book Group in a copyright infringement lawsuit over Riordan's blockbuster Percy Jackson & The Olympians series of novels. In 2011, the U.S. District Court for the Southern District of New York granted defendants' motion to dismiss all claims. In September 2012, the Second Circuit Court of Appeals affirmed.

Insignia Systems, Inc. v. News America Marketing (D. Minn.): Represented one of the nation's largest providers of advertising and promotions in supermarkets and drugstores in connection with various state and federal antitrust and false advertising claims. In 2011, the multi-million dollar lawsuit was eventually settled during trial in federal court in Minnesota.

EchoStar Satellite LLC v. DIRECTV, Inc., et al. (D.N.J.): Won summary judgment in favor of DIRECTV and against EchoStar Satellite LLC (owner of Dish Network). EchoStar had sued DIRECTV and GlobeStar (a distributor of Greek-

3 language programming) after GlobeStar ceased licensing its programming to EchoStar, and began distributing its programming through DIRECTV. EchoStar sued both companies claiming that GlobeStar breached its affiliate agreement with EchoStar and that DIRECTV tortiously interfered with EchoStar's contractual relations. The U.S. District Court for the District of New Jersey entered summary judgment in favor of DIRECTV and ordered EchoStar to pay DIRECTV's costs.

Fleshwound Films, LLC v. Rush Sports & Events International Pty (AAA, Int'l Centre for Dispute Resolution): Represented one of Australia's largest live-action sports promoters in an international arbitration and in state court proceedings concerning trademark licensing rights. Successfully opposed a preliminary injunction motion and secured a favorable settlement for his client on January 8, 2010.

Shivers v. Friedman, et al. (L.A. Sup. Ct.): Defeated false light and defamation claims brought against an online entertainment news reporter for FoxNews.com. All of the plaintiffs’ claims were dismissed under California's anti- SLAPP statute. Mr. Singer then successfully obtained a dismissal of the appeal with prejudice under California's vexatious litigant rules.

Marvel Enterprises Inc., et al v. Walt Disney Company, et al. (C.D. Cal.): Defended Disney in the successful resolution of a multimillion dollar lawsuit by Marvel, which had alleged numerous counts of copyright infringement and breach of contract arising out of Disney's exploitation and licensing of animated television programs based on Marvel's well-known superhero characters including Spider-Man, X-Men and The Incredible Hulk.

EchoStar Satellite Corp. v. NDS Group Plc (C.D. Cal.): Represented News Corporation's NDS Group in a $1.6 billion piracy lawsuit brought by DISH Network in the U.S. District Court for the Central District of California. After a five- week trial and six hours of deliberations, jurors ruled in favor of NDS on the majority of allegations, with actual damages of $45.69 awarded. The case was described in the media as the largest corporate espionage case in U.S. history, and the Daily Journal named the victory one of the top 10 California defense verdicts of 2008.

Awards

Los Angeles Times "Legal Visionary," 2021

Burton Award for Distinguished Legal Writing, 2020

Chambers USA Media & Entertainment (California), 2016-2017

Legal 500 Media, Technology and Telecoms - Media and Entertainment, 2017, 2019, 2020, 2021 Intellectual Property — Copyright, 2018, 2021 Media and Entertainment: Litigation, 2021

Daily Journal Top 50 Entertainment Lawyers in California, 2015

Law360 "Rising Star," 2012

State Bar of California Wiley W. Manuel Pro Bono Legal Services Award, 2006

Southern California Super Lawyers "Rising Star," 2008

4 Variety Legal Impact Report, 2015

Service to the Bar

Los Angeles Copyright Society Member

American Bar Association Judicial Intern Opportunity Program Los Angeles Advisory Committee Orientation, 2018

Anti-Defamation League Entertainment Industry Dinner Committee

Pepperdine University School of Law's National Entertainment Law Moot Court Competition, Finals Judge, 2012-2015

USC IP Institute committees, 2016-2017

Pro Bono

David regularly counsels Los Angeles-based Chrysalis, a nonprofit organization dedicated to creating a pathway to self-sufficiency for homeless and low-income individuals by providing the resources and support needed to find and retain employment.

David successfully represented a Mexican transgender asylum-seeker in her seven-year battle for the right to remain in the United States.

Publications

Client Alert: Jenner & Block Releases New Treatise on Civil RICO Litigation, July 6, 2021

Co-Author, Client Alert: US Supreme Court Holds that Copying "Declaring Code" Is Fair Use, April 13, 2021

Co-Author, Summary of Covenants Not to Compete: A Global Perspective, American Bar Association, August 6, 2020

Co-Author, “How Hollywood Can (and Can’t) Fight Back Against Deepfake Videos,” The Hollywood Reporter, September 7, 2019

Co-Author, Trade Secret Update: Key Developments and Issues to Watch in Trade Secret Law | Winter 2018 Update, December 18, 2018

Co-Author, Trade Secret Update: "Key Developments and Issues to Watch in Trade Secret Law", Fall 2016

“Hulu Privacy Class Action Breathes New Life into an Old Law,” Daily Journal, May 6, 2014

5 Speaking Engagements

Co-Presenter, "Being a Resilient Lawyer in Challenging Times," Jenner & Block 2021 CLE Relay., May 07, 2021

Panelist, “The Deepfake Predicament: Right of Publicity, Defamation & Other Legal Implications,” Beverly Hills Bar Association, March 05, 2020

Presenter, “You Stole My Screenplay!” Los Angeles County Bar Association, December 04, 2019

Panelist, “Trade Secrets Forum 2018,” Managing Intellectual Property, September 27, 2018

Judicial Intern Opportunity Program Orientation, American Bar Association, June 11, 2018

Trade Secrets Seminar: An Up-to-Date Deep Dive into the Current Status of Trade Secret Enforcement and Litigation, May 04, 2018

CLE Speaker on “Entertainment 3.0 –Legal Issues and Trends in Virtual, Augmented and Mixed Reality", 2016

CLE Speaker on “Antitrust and Technology in the Real Estate Industry”, 2016

“Antitrust for Real Estate Brokers and Professionals in the Digital Age,” National Association of Realtors, October 24, 2016

CLE on “Great Leaders, Lousy Witnesses: Guiding Senior Executives Through Antitrust and Other Complex Litigation", 2013-2015

“New Consideration in Copyright,” Global Challenges to Communications Law and Policy in an Age of Austerity Symposium, April 04, 2013

“Rich Media, Personalization and Targeting Advertising: Are We Adding Value or Complicating the Experience?” Mobile Marketing Association Forum, November 17, 2011

“Great Leaders, Lousy Witnesses: The Ins and Outs of Guiding Senior Executives Before, During, and After Litigation,” ACC-SoCal Multi-venue CLE presentation, October 19, 2011