HOW the ENTERTAINMENT INDUSTRY IS WORKING THROUGH a COVID-19 PANDEMIC Moderator: Jodi Peikoff Partner, Peikoff Mahan Panelists: Pamela J
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WEDNESDAY, JULY 22, 2020 5:50p - 6:35p PDT THE SAFETY DANCE: HOW THE ENTERTAINMENT INDUSTRY IS WORKING THROUGH A COVID-19 PANDEMIC moderator: Jodi Peikoff Partner, Peikoff Mahan panelists: Pamela J. Martinson Partner, Sidley Austin LLP Stephen Plum Senior Executive Vice President, Business and Legal Affairs, Paramount Pictures Daniel R'bibo Senior Vice President, Gallagher PAMELA J. MARTINSON PARTNER, SIDLEY AUSTIN LLP AMELA MARTINSON REPRESENTS MAJOR • LEADING LAWYER IN BANKING & FINANCE, P INSTITUTIONAL AND OTHER LENDERS, LESSORS, CHAMBERS USA (2011–2019) BORROWERS AND EQUITY SPONSORS. SHE POSSESSES • LEADING LAWYER IN BANKING LAW AND EXTENSIVE EXPERIENCE IN COMPLEX FINANCINGS OF ALL STRUCTURED FINANCE LAW, THE BEST LAWYERS IN KINDS, INCLUDING SYNDICATED LENDING AMERICA (2007–2020) TRANSACTIONS (SECURED AND UNSECURED), • “LAWYER OF THE YEAR”, BANKING AND FINANCE EQUIPMENT LEASING, ASSET-BASED LENDING, LAW, THE BEST LAWYERS IN AMERICA (2020) UNITRANCHE LOANS, SUBSCRIPTION FINANCE AND • LEADING LAWYER IN BANK LENDING, THE LEGAL STRUCTURED FINANCE. PAM HAS EXPERIENCE IN A WIDE 500 (2012) VARIETY OF FINANCING PROGRAMS FOR POWER SPORTS • LEADING LAWYER IN EQUIPMENT FINANCE LAW, VEHICLES, INCLUDING WAREHOUSE FACILITIES SECURED THE BEST LAWYERS IN AMERICA (2011–2020) BY ELECTRONIC CHATTEL PAPER, AND FORWARD FLOW • FELLOW, AMERICAN COLLEGE OF PROGRAMS FOR MARKETPLACE LENDERS. HER PRACTICE COMMERCIAL FINANCE LAWYERS IN LARGE PART CENTERS ON CROSS-BORDER LOANS AND (EXECUTIVE COMMITTEE OFFICER, 2016– SECURITY, MARKETPLACE LENDING, FUND FINANCE, PRESENT, PRESIDENT, 2020–2021) INTERCREDITOR RELATIONSHIPS AND LENDING TO TECHNOLOGY AND GROWTH COMPANIES, MANY MEMBERSHIPS AND ACTIVITIES: • WITHIN FINTECH. PAM HAS BEEN INSTRUMENTAL IN OBSERVER TO UNIFORM LAW COMMISSION DEVELOPING LOAN AND LEASE DOCUMENTATION FOR DRAFTING COMMITTEE ON REGULATION OF COMMERCIAL LENDERS AND EQUIPMENT LESSORS AND VIRTUAL CURRENCY BUSINESSES (2015–2017) • HAS EXPERIENCE IN LEASE AND LOAN FINANCING OF CO-CHAIR, WOMEN IN LAW EMPOWERMENT EARLY-STAGE COMPANIES THAT INCLUDE THE ISSUANCE FORUM ADVISORY BOARD • OF WARRANTS. SHE ADVISES CLIENTS WITH RESPECT TO AMERICAN BAR ASSOCIATION, CHAIR OF CREDIT, WORKOUT AND UNIFORM COMMERCIAL CODE SECURED TRANSACTIONS SUBCOMMITTEE • ISSUES. MEMBER, BOARD OF TRUSTEES, WOODSIDE PRIORY SCHOOL • PAM ALSO HAS MORE THAN 10 YEARS OF EXPERIENCE BUILDON WEST COAST BOARD AND AS A BANKER AND COMMERCIAL LENDER. SHE WAS DEVELOPMENT COMMITTEE • EMPLOYED BY AN ASSET-BASED LENDER AND A PAST MEMBER, UCC COMMITTEE OF THE COMMERCIAL BANK IN CREDIT, CREDIT MANAGEMENT BUSINESS LAW SECTION, STATE BAR OF AND SALES POSITIONS. PAM WAS RESPONSIBLE FOR CALIFORNIA, AND CHAIR OF SUBCOMMITTEE ON ASSET-BASED LENDING OPERATIONS INCLUDING CREDIT LEGAL OPINIONS ANALYSIS, COLLATERAL CONTROL AND PORTFOLIO PUBLICATIONS: MANAGEMENT. SHE DEVELOPED AND IMPLEMENTED • “SECURITY INTERESTS: FUND FINANCE,” WORKOUT ARRANGEMENTS FOR PROBLEM LOANS. PAM PRACTICAL LAW COMPANY, PRACTICE MARKETED PRIVATE- LABEL LEASING PROGRAMS TO U.S. NOTE 1-535-9385 (2019) VENDORS OF EQUIPMENT, AND SOLD AND STRUCTURED • “SERVING TWO MASTERS: WHEN ‘BANKRUPTCY- TAX-ADVANTAGED LEASES ON BEHALF OF A BANK REMOTE’ MEETS PUBLIC POLICY,” LJN’S LEASING COMPANY. EQUIPMENT LEASING NEWSLETTER (AUGUST 2017) WITH HER BUSINESS EXPERIENCE AS A LENDER AND • “BITCOIN AND THE SECURED LENDER,” BANKING LESSOR, PAM UNDERSTANDS AND APPRECIATES THE & FINANCIAL SERVICES POLICY REPORT, (JUNE CREDIT RISK AND OTHER BUSINESS ASPECTS OF A 2014, CO-AUTHORED WITH CHRISTOPHER FINANCING AND IS A VALUABLE RESOURCE IN MASTERSON) STRUCTURING DEBT AND LEASE TRANSACTIONS. • “EMERGING PAYMENT SYSTEMS REQUIRE NEW LEARNING BY CREDITORS,” LAW360, AWARDS AND HONORS: (JANUARY 2014, CO-AUTHORED WITH • NAMED THE BEST LAWYERS’ 2014 PALO ALTO CHRISTOPHER MASTERSON) BANKING AND FINANCE LAW “LAWYER OF THE • “BANKTHINK: THE HAZARDS OF LENDING TO YEAR” BITCOIN USERS,” AMERICAN BANKER, SUNNYVALE (OCTOBER 2015) (JANUARY 2014, CO-AUTHORED WITH • SPEAKER ON THE SUBJECT OF INTELLECTUAL CHRISTOPHER MASTERSON) PROPERTY COLLATERAL AT THE CREDITORS’ • “A LEASE IS A LEASE IS A … LOAN? AVOIDING RIGHTS SUBCOMMITTEE OF THE ABA, SAN RECHARACTERIZATION,” LJN’S EQUIPMENT FRANCISCO (APRIL 2015) LEASING NEWSLETTER • PANEL CHAIR AND SPEAKER, BITCOIN AND (DECEMBER 2012) ELECTRONIC PAYMENT PLATFORMS, ABA ANNUAL MEETING, CHICAGO (AUGUST EVENTS: 2014) • CHAIR AND PANEL MEMBER, LEGAL • PANEL CHAIR AND SPEAKER, VENTURE DEVELOPMENTS, EQUIPMENT LEASING AND LENDING, ABA ANNUAL MEETING, SAN FINANCE ASSOCIATION, ANNUAL LEGAL FRANCISCO (AUGUST 2013) FORUM (2014–2018) • PANEL MEMBER, ASSET-BASED FINANCING ADMISSIONS AND CERTIFICATIONS: STRATEGIES 2018 AND 2019, PRACTISING LAW • CALIFORNIA INSTITUTE WEBINAR (FEBRUARY 2018, FEBRUARY • NEW YORK 2019) • SPEAKER, RISKS AND REWARDS IN PROCESSING EDUCATION: PAYMENTS AND PAYMENT-RELATED DATA, • HARVARD LAW SCHOOL (J.D.) 28TH ANNUAL ALL HANDS MEETING, SILICON • UNIVERSITY OF DENVER (M.B.A.) VALLEY ASSOCIATION OF GENERAL COUNSEL • UNIVERSITY OF DENVER (B.A., MAGNA CUM SANTA CLARA (NOVEMBER 2016 WITH DAVID LAUDE, PHI BETA KAPPA) TEITELBAUM) • PANEL MEMBER, GETTING THE MONEY — ROADMAP OF A FINANCING TRANSACTION, ABA WEBINAR (JANUARY 2016) • PANEL MEMBER, VENTURE DEBT: USES, TRENDS AND TERMS, NVCA CORPORATE VENTURE SUMMIT, JODI PEIKOFF PARTNER, PEIKOFF MAHAN ODI PEIKOFF REPRESENTS TALENT CLIENTS IN ALL STEVENS, AMERICA FERRERA, DAVID HARBOUR, JASPECTS OF THEIR ENTERTAINMENT BUSINESS FELICITY JONES, MICHIEL HUISMAN, TILDA SWINTON, TRANSACTIONS INCLUDING MOTION PICTURES, VERA FARMIGA, MICHAEL C. HALL, DIANE KRUGER, TELEVISION, THEATER, PUBLISHING AND ENDORSEMENTS. JOHN CAMERON MITCHELL, AND BOBBY LOPEZ AND CLIENTS INCLUDE EZRA MILLER, MARK RYLANCE, DAN KRISTEN ANDERSON-LOPEZ. STEPHEN PLUM SENIOR EXECUTIVE VICE PRESIDENT, BUSINESS AND LEGAL AFFAIRS, PARAMOUNT PICTURES BUSINESS AFFAIRS FOR THE MOTION PICTURE GROUP TEPHEN PLUM HAS BEEN THE SENIOR EXECUTIVE AT TWENTIETH CENTURY FOX, WHERE HE OVERSAW SVICE PRESIDENT, HEAD OF BUSINESS AND LEGAL BUSINESS AFFAIRS FOR THE FOX 2000, FOX AFFAIRS AT PARAMOUNT PICTURES SINCE MARCH OF ANIMATION, FOX FAMILY AND FOX INTERNATIONAL 2017. HE HAS RESPONSIBILITY FOR ALL BUSINESS AND RODUCTIONS DIVISIONS RIOR TO OX HE WAS IN LEGAL MATTERS PERTAINING TO THE DEVELOPMENT P . P F THE USINESS FFAIRS AND EGAL FFAIRS AND PRODUCTION OF MOTION PICTURES AT B A L A DEPARTMENTS AT PARAMOUNT FROM 1990 TO 1997, PARAMOUNT. AND BEFORE THAT IN PRIVATE PRACTICE IN NEW YORK. PRIOR TO THAT HE WAS EXECUTIVE VICE PRESIDENT, STEVE IS A MEMBER OF THE NEW YORK AND ENGLAND WHERE HE RECEIVED A BA (HONS) IN CALIFORNIA BARS, AND AN ENGLISH SOLICITOR. LAW, AND THE COLLEGE OF LAW, LONDON, HE ATTENDED THE UNIVERSITY OF SUSSEX IN WHERE HE QUALIFIED AS AN ENGLISH SOLICITOR. DANIEL R’BIBO SENIOR VICE PRESIDENT, GALLAGHER ANIEL R’BIBO DANIEL HAS BEEN IN THE BROKERS IN SEPTEMBER 2011 WITH THE PURPOSE OF D ENTERTAINMENT INSURANCE INDUSTRY FOR OVER CREATING AND BUILDING LIBERTY ENTERTAINMENT 18 YEARS. DANIEL RECEIVED HIS BACHELOR’S DEGREE INSURANCE SERVICES, THE ENTERTAINMENT DIVISION OF IN BUSINESS ADMINISTRATION FROM CALIFORNIA STATE THE FIRM. DURING THIS TIME, HE HAS OVERSEEN THE UNIVERSITY, NORTHRIDGE IN 2002. STARTING HIS ACQUISITION OF CMM ENTERTAINMENT AS WELL AS CAREER AT AON/ ALBERT G. RUBEN INSURANCE OPEN UP LIBERTY OFFICES IN NEW MEXICO AND SERVICES IN 2000 AS THE IT ADMINISTRATOR, HE LOUISIANA AND BUILDING RELATIONSHIPS WITH AFFILIATE QUICKLY MOVED INTO THE ENTERTAINMENT INSURANCE OFFICES THROUGHOUT THE COUNTRY. AS A RESULT OF SIDE OF THE COMPANY IN 2002. DURING HIS TENURE AT THE ACQUISITION DANIEL OVERSAW ALL ENTERTAINMENT AON, DANIEL HAS SERVICED A RANGE OF OPERATIONS WHICH INCLUDED MANAGEMENT FOR ENTERTAINMENT CLIENTELE RANGING FROM APPROXIMATELY 15 EMPLOYEES IN 3 STATES AS WELL AS INDEPENDENT FILM PRODUCERS TO LARGE STUDIOS. HE THE DAY-TO-DAY SERVICING FOR THE ENTERTAINMENT HAS WORKED ON ALL LINES OF INSURANCE RANGING BUSINESS MANAGEMENT AND PRODUCTION CLIENTS. FROM PRODUCTION INSURANCE POLICIES TO FINANCIAL AND CYBERTECHNOLOGY POLICIES SUCH AS IN MARCH, 2013 DANIEL JOINED GALLAGHER, ONE OF E&O, D&O AND NETWORK/ SECURITY & PRIVACY THE LARGEST ENTERTAINMENT INSURANCE BROKERS IN COVERAGES. THE WORLD WHERE HE MANAGES HIS CLIENTS INCLUDING PILGRIM MEDIA GROUP, UCLA, ACADEMY OF ART IN 2011 DANIEL WON THE POWER BROKER AWARD IN UNIVERSITY AND EMMETT/ FURLA FILMS AND MORE. THE MEDIA & ENTERTAINMENT CATEGORY AS WELL AS DANIEL WAS AWARDED THE POWER BROKER AWARD IN BEING IN THEIR TOP 40 UNDER 40 CATEGORY BY RISK THE MEDIA & ENTERTAINMENT CATEGORY BY RISK AND AND INSURANCE MAGAZINE. INSURANCE MAGAZINE AGAIN IN 2016, 2017 AND 2018. DANIEL JOINED THE LIBERTY COMPANY INSURANCE TABLE OF CONTENTS THE SAFETY DANCE: HOW THE ENTERTAINMENT INDUSTRY IS WORKING THROUGH A COVID-19 PANDEMIC A. MCLE Credit B. Outline of Topics/Issues C. “SAG-AFTRA Requires Members to Seek Union Approval for Work Due to Coronavirus,” Variety (May 14, 2020) D. “Hollywood Submits COVID-19 Reopening Plan from Studios, Unions & Producers to NY & CA Governors,” Deadline (June 1, 2020) E. “Safety Protocols for Restarting Film & TV Production Amid Coronavirus Are Announced by Los Angeles County Officials,” Deadline (June 11, 2020) F. “Limiting Damages After a Breached Contract Due to COVID-19,” Schuyler M. Moore (March 2020) G. “5 Things Producers Should Do When They Can’t Produce,” Elsa Ramo (April 1, 2020) H. “Proposed Health and Safety Guidelines for Motion Picture, Television, and Streaming Productions During the COVID-19 Pandemic,” Alliance of Motion Picture and Television Producers,