ETHICS: LAWYERS DOING BUSINESS WITH THEIR CLIENTS Moderator: DEENA B. KALAI, Austin Deena Kalai, PLLC Panelists: RICKY ANDERSON Anderson & Smith One Arena Place 7322 Southwest Freeway, Suite 2010 Houston, TX 77074 (713) 621-5522 (713) 995-1499 Fax [email protected] W. AMON BURTON, JR., Austin Attorney at Law State Bar of Texas 22ND ANNUAL ENTERTAINMENT LAW INSTITUTE October 25-26, 2012 Austin CHAPTER 1 Deena Kalai Deena Kalai, PLLC Deena Kalai earned her law degree at the University of Texas at Austin. She is licensed in Texas and New York, and has offices in both Austin and Manhattan. Deena represents artists and businesses engaged in entertainment, intellectual property and technology, including film, music, television, fashion, literary publishing, and mobile/interactive media. Deena has a particular interest in fair use and assists many documentary filmmakers each year in assessing the applicability of this important copyright doctrine to their projects. Always active in her community, she is affiliated with or donates time to many organizations including, the Texas Motion Picture Alliance, the Austin Film Society, Volunteer Legal Services, The College of the State Bar of Texas, and other professional associations in Texas and New York. Deena frequently provides pro bono services for low-income Texans, in addition to her pro bono activities for entertainment industry clients. She has been recognized by The Pro Bono College of the State Bar of Texas, and has been awarded the Judge Suzanne Covington Award in connection with her pro bono services. She has lectured at several legal workshops, at the University of Texas, and at various film conferences. Deena has a master’s degree in English from the University of Texas at Austin, with a concentration on hip hop and feminist film theory. She completed her undergraduate education at the University of Miami, where she graduated magna cum laude and Phi Beta Kappa. Select Publications and Speaking “Film Production Agreements” Texas Bar CLE Entertainment Law Institute, October 20-21, 2011. “Is it Fair Use? Assessing Transformativeness in Film, Visual Art, and Audiovisual Works,” Dallas Bar Association, August 28, 2011. “A Practical Guide to Working With Documentarians and Fair Use,” Texas Bar CLE Entertainment Law Institute, October 1-2, 2010 “Entertainment Property Financing” Texas Bar CLE Entertainment Law Institute, October 1-2, 2009. “Does a Little Go a Long Way? Texas Entertainment Industry Economic Incentives,” Texas Bar Journal, Vol. 71, 9, October, 2008. “Welcome to Dallas, Louisiana: Economic Incentives and the Entertainment Industry,” Texas Bar Journal, Vol. 70, 1, January, 2007. Lectures, panels, and workshops for institutions and organizations including the University of Texas, Reel Women, Network Austin, SXSW, and the Austin Film Festival. 2203 East Fifth Street 315 Madison Avenue Austin, Texas 78731 Suite 901 512-542-9054 New York, New York 10017 212-842-9792 [email protected] RICKY ANDERSON ATTORNEY AND COUNSELOR AT LAW ONE ARENA PLACE 7322 SOUTHWEST FREEWAY SUITE 2010 HOUSTON, TEXAS 77074 (713) 621-5522 Office, (713) 995-1499 Facsimile www.AttorneyRickyAnderson.com Email: [email protected] BIOGRAPHY Ricky Anderson, is a 1979 graduate of Benton Harbor High School, attended Prairie View A & M University, receiving a Bachelor of Business Administration in 1983, and his Juris Doctor Degree, from Texas Southern University’s Thurgood Marshall School of Law in 1992, and was admitted to the State Bar of Texas, in 1992. Attorney Ricky Anderson, has been the Managing Partner of the Law Firm of Anderson & Smith P.C., since 1994, with their office in Houston, Texas, as well as, an Adjunct Professor at Thurgood Marshall School of Law since 1998, where he Lectures Entertainment Law, Music Industry Contracts, and Trial Preparation. The National Bar Association’s Entertainment Attorney of the Year, 2006-2007, recipient of the National Bar Association’s Presidential Award, 2008, the National Bar Association Chair, Entertainment Sports and Arts Law Section 2010 to Present, National Bar Association’s Alternate Chair, Entertainment, Sports and Arts Law Section, 2008 - 2010, Advisor to the Grammy Board of Governors Texas Chapter 2010 – 2011, Grammy U Advocate of Year 2010 - 2011, Grammy Governor for The Recording Academy, Texas Board of Governors 2007 - 2010, 2011 - Present. The Law Firm of Anderson & Smith P.C. represents Celebrities, Comedian-Actor Steve Harvey, Host of Family Feud, NBC's Steve Harvey Talk Show, Theater Box Office success "Think Like A Man", the Steve Harvey Show, Steve Harvey’s Big Time, New York Times, Number One Best Seller, Wall Street Journal, Number One Best Seller "Act Like A Lady, Think Like A Man", "Straight Talk, No Chaser", and the Nationally Syndicated Steve Harvey Morning Show, Show Time at the Apollo, Kings of Comedy, The Fighting Temptations, Love Don’t Cost A Thing, You Got Served, Racing Strips; Actor Isaiah Washington, of ABC’s Grey’s Anatomy, NBC’s Bionic Woman, Spike Lee’s Crooklyn, Clockers, Girl 6, Exit Wounds, Romeo Must Die, True Crime, Bulworth, Out of Sight, Love Jones, Dead Presidents, Stonewall, Dancing in September, Get on the Bus, and Forest Whitaker’s Hurricane Season, Actress Cassi Davis, of Tyler Perry’s House of Payne, Four (4) Time Grammy Award Recipient, Gospel Great Yolanda Adams, Nationally Syndicated Yolanda Adams Morning Show, Rushion McDonald of "Sister/Sister", The "Jamie Foxx Show", "The Parkers", MTV’s "Barber Shop", The Hoodie Awards, Academy Award Winner and Golden Globe Winner, Comedian-Actor Mo’Nique of BET’s The Mo’Nique Show, "The Parkers", "Fat Chance" "Charm School", and the Nationally Syndicated Radio Show Host of The Mo’Nique Show, Queens of Comedy and "Showtime at the Apollo"; Three (3) Time Grammy Award Winning Gospel Duo Tina Campbell, and Erica Campbell p/k/a "Mary Mary", also Celebrity Judges on BET’s "Sunday’s Best", Actor Richard T. Jones of "Judging Amy", Terminator, The Sarah Conor Chronicles, Kathy Sapp, Executive Producer of Fox's Judge Alex, Oprah Winfrey Network Suze Orman Show, Comedian –Actor Rickey Smiley, of the Rickey Smiley Morning Show, Host of the BET’s Comic View, and ABC’s Nationally Syndicated Doug Banks Morning Show, David A. Arnold, Actor and Writer for Tyler Perry’s "Meet The Browns", Michael Colyar of BET’s "Live in LA"; Comedian-Actor Sinbad, former Host of Showtime at the Apollo, and starring in such films as Necessary Roughness, Houseguest, First Kid, Jingle All The Way, and Goodburger; R & B Artist "Rome", Total Entertainment; J. Anthony Brown, of the "Tom Joyner Morning Show" and WB’s "Like Family" Comedian Adele Givens "Queens of Comedy", "Why Did I Get Married", "Girlfriends", "Barbershop", "The Hugleys", Ice Cube's "Are We There Yet", "The Parkers", "Tracey Takes On", "The Players Club", "Moesha", "Martin", "Def Comedy Jam"; WNBA’s three time MVP and four time WNBA World Champion, Houston Comet’s Cynthia Cooper; former Houston Oiler, and Tennessee Titan’s Eddie Robinson, the Late Christopher Rios, professionally known as "Big Pun", to name a Few. Weekly broadcast Television Shows (Talent/Production) are, The Mo’Nique Show, Family Feud, NBC's Steve Harvey Talk Show, The Steve Harvey Project, Judge Greg Mathis, Judge Alex, Tyler Perry’s House of Payne, Tyler Perry’s Meet The Browns, The Judge Mathis Project (solving murders in the African American Community), Ice Cube's "Are We There Yet", Sunday’s Best, The Steve Harvey Show, ‘Like Family", Warner Brothers, "The Parkers", UPN, Showtime @ Apollo, Sister Sister, UPN, "Steve Harvey’s Big Time", Warner Brother, Coming to the Stage, BET, and Comic View, BET. In addition to the network television, movies, feature films, pay per view and HBO deals that Attorney Ricky Anderson develops, he is the Former Chairman and CEO of the Black Broadcasting Network Inc., is the former CEO and President of CBS Records, Inc., A Texas Corporation and the majority shareholder in Big City Enterprises, and Qudel Promotions, Inc., producing national concerts such as the "Kings of Comedy", "Jazzfest", "the Boys are Back", and "the Hip Hop Comedy Reunion Tour". He is also the Executive Producer of The Nationally Syndicated Music Video Television Show, "Big City", and such Independent Feature Films as "Renegade", "Beach Party Weekend", "A Freakin Documentary with Shamar Moore", and "Beach Party". W. Amon Burton, Jr. Adjunct Professor Education LLB University of Texas at Austin MA Wichita State University BA Texas Tech Amon Burton has been an adjunct professor at the University of Texas School of Law since 1988. He teaches professional responsibility, legal ethics and lawyer liability. He is a member of the American Law Institute and served on the ALI's Members Consultative Group on the Restatement of the Law Governing Lawyers (Third). He currently serves by appointment of the National Conference of Bar Examiners as a member of the drafting committee for the Multistate Professional Responsibility Examination. He served for many years as a member of the Texas Supreme Court’s Professional Ethics Committee that writes ethics opinions interpreting the Texas Disciplinary Rules of Professional Conduct, and served as the Reporter for the Task Force on Judicial Ethics that drafted the revised Texas Code of Judicial Conduct in 1992. His most recent publications include Ethical Dilemmas in the Practice of Law: Case Studies and Problems, co-authored with John S. Dzienkowski (Thompson/West 2006) and "Reexamining the Role of In-House