Fordham Media and Entertainment Law Society Sixth Annual Media & Entertainment Law Symposium

Tuesday, February 18, 2020 9:30 a.m. – 2:30 p.m. Costantino Room PROGRAM

9:30 – 10 a.m. 12:15 – 12:45 p.m. Check-In & Welcome Lunch

10 – 11 a.m. 12:45 – 1:15 p.m. Welcome to the Streaming Age: Keynote Address Acquisitions, Competition, and the • Drew Cohen ’93, President & CEO, Digital Future Music Theatre International (MTI) (1.0 Professional Practice) • Scott Jaffee ’98, Senior Vice 1:15 – 2:15 p.m. President, Legal Affairs, WarnerMedia Enemy of The People?: Fake News and Entertainment the Media’s Legal Challenges • Paul M. Robinson ’83, Executive Vice (1.0 Professional Practice) President & General Counsel, Warner (Co-sponsored by the American Music Group Constitution Society for Law and Policy • Khadijah Sharif-Drinkard ’97, Senior and Fordham Federalist Society for Law Vice President, Business and Legal and Public Policy Studies) Affairs, ViacomCBS Media Networks/ • Ramya Krishnan, Staff Attorney, BET Networks Knight First Amendment Institute at • Moderator: Derek Dessler, Adjunct Columbia University Professor, Fordham Law School and • David Lat, Founding Editor, Above the Founder and Principal, Dessler, P.C. Law • Libby Locke, Founding Partner, Clare 11 – 11:15 a.m. Locke LLP Break • David E. McCraw, Senior Vice President & Deputy General Counsel, 11:15 a.m. – 12:15 p.m. The New York Times Company Follow You Until You Love Me: Paparazzi • Moderator: Katherine M. Bolger, and the Law Adjunct Professor, Fordham Law (1.0 Professional Practice) School and Partner, Davis Wright • Samantha Katze ’07, Partner, Manatt, Tremaine, LLP Phelps & Phillips, LLP • Bradley Mullins, Partner, Mitchell 2:15 – 2:30 p.m. Silberberg & Knupp LLP Closing Remarks • John Quinn, Partner, Kaplan Hecker & Fink LLP • Nancy Wolff, Partner, Cowan, DeBaets, Abrahams, and Sheppard, LLP • Moderator: Olivier Sylvain, Professor, This program is sponsored by Mitchell Silberberg & Fordham Law School and Director, Knupp LLP; Cowan, DeBaets, Abrahams & Sheppard LLP; McGannon Center Latham & Watkins, LLP; Manatt, Phelps & Phillips, LLP SPEAKER BIOS Katherine M. Bolger Derek Dessler Adjunct Professor, Fordham Law School Adjunct Professor, Fordham Law School Partner, Davis Wright Tremaine, LLP Founder and Principal, Dessler, P.C. Kate is an experienced First Amendment and media Derek Dessler is an attorney with over 20 years of litigator who has represented news and entertainment experience focusing on entertainment and media, new companies in a broad spectrum of content-related technology, the arts, and related intellectual property and matters, ranging from investigative journalism to corporate matters. His work routinely includes matters coverage of celebrities. In addition to defending media at the intersection of intellectual property rights and new clients in court, Kate regularly counsels newspapers, technology, and he regularly advises clients on issues magazines, and book publishers about prepublication relating to the ongoing convergence of technology and issues, and advises authors on contract, electronic content, including new technologies for distributing and publishing, and intellectual property matters. Chambers monetizing content. USA reports that clients have described Kate as Over the past 20 years he has successfully negotiated “incredibly bright, very strategic, and an exceptionally and closed hundreds of transactions, big and small, strong writer” who is “a very effective litigator” and “the ranging from customary industry agreements, to joint lawyer I would want the most in a New York state court ventures, to strategic corporate transactions (such as street fight.” Before joining DWT, Kate was a partner at mergers, acquisitions, divestitures, investments, and Levine Sullivan Koch & Schulz LLP. related due diligence reviews), and involving parties from around the world, including the United States, China, and Drew Cohen ’93 Europe. President & CEO Before founding his own firm he served for 14 years as Music Theatre International (MTI) a legal and business affairs executive at the Universal Drew Cohen is the President and CEO of Music Theatre Music Group (UMG), where his roles included: Vice International (“MTI”). MTI is the world’s leading licensor President, Legal and Business Affairs, of UMG’s of Broadway musicals, representing the dramatic worldwide corporate unit; General Counsel and Senior performing rights to shows such as “West Side Story,” Vice President, Business Affairs, of Universal’s start-up “Fiddler on the Roof,” “Les Miserables,” “Come From “music video” cable and satellite television network, Away,” “The Book of Mormon,” “The Producers,” branded IMF – International Music Feed; and Vice “Beetlejuice,” “Mean Girls,” and the works of Stephen President, Legal and Business Affairs, of UMG’s Universal Sondheim. MTI licenses over 100,000 performances Motown Records Group (now the East Coast Labels a year in 50 countries around the world. MTI created Group). the Broadway Junior® collection of abridged musicals for middle and elementary schools to perform. MTI is Derek represents companies and individuals, established also the leading provider of theatrical resources that and emerging, including: recording artists, songwriters, employ new technologies to eliminate production and DJs, producers, and other entertainers and creative pre-production obstacles that MTI’s licensees/producers talent; personal managers; promoters of live events; the face in mounting their productions. Cohen is also a “major” recorded music companies; music publishers; member of the Recording Academy’s Musical Theatre cable television networks; software developers and Grammy Task Force and a Mentor in the Broadway Tech publishers; filmmakers; visual artists; and galleries. Accelerator. These clients are based around the world and range from global corporations and other established businesses, Cohen’s early career included four years as an attorney in to small, entrepreneurial startups, to investors. He also New York with the law firm Akin, Gump, Strauss, Hauer often serves as outside general counsel for many of his & Feld, after which he joined GlassNote Records and clients. served as its V.P./General Manager. Subsequently, he earned a master’s degree from Harvard Business School and was then Director of Investments for a private family Scott Jaffee ’98 fund overseeing a portfolio of investments in hedge Senior Vice President, Legal Affairs funds, private equity funds and direct investments in WarnerMedia Entertainment early stage ventures. He is a graduate of Tufts University Scott Jaffee is the Senior Vice President, Legal Affairs for and Fordham Law School. WarnerMedia Entertainment. He oversees the business and legal affairs teams tasked with acquiring major studio theatrical releases, independent films, Spanish- language content and international programming for SPEAKER BIOS CONTINUED HBO, Cinemax and their channels and platforms. For including real estate, financial services, retail and the past year, he has advised the management team consumer products, media, entertainment, healthcare for HBO Max, Warner Media’s new streaming platform and energy. launching in May of this year. He also oversees legal Samantha has represented clients in a variety of forums, entity management and other general corporate matters including the New York state and federal courts; federal across WarnerMedia’s legacy HBO, Turner and CNN courts in California, New Jersey, Texas and Wisconsin; network groups. the TTAB; mediations; and arbitral proceedings Prior to joining HBO, Scott worked at Morgan, Lewis before the American Arbitration Association and the & Bockius LLP in New York, where he was a senior International Chamber of Commerce. associate in the Business & Finance group. His practice Samantha received her law degree from Fordham focused on secured and unsecured lending, private University School of Law where she was the Notes and equity and bankruptcy and restructuring, specializing Articles Editor of the Intellectual Property, Media and in the production, finance and distribution of motion Entertainment Law Journal. Samantha also received an pictures and television programming. A.B., with distinction, from Cornell University. Scott received his BA from Binghamton University and his JD from Fordham University. He was the Ramya Krishnan Business Editor of the Intellectual Property, Media Staff Attorney and Entertainment Law Journal, as well as one of the Knight First Amendment Institute at Columbia founding members of the Fordham Sports Law Society & University Symposium. Ramya Krishnan is a staff attorney at the Knight First Amendment Institute at Columbia University, where she Samantha Katze ’07 works on issues related to government transparency, Partner surveillance, and social media. Ramya joined the Knight Manatt, Phelps & Phillips, LLP Institute as its inaugural legal fellow. She is a graduate Samantha Katze is a commercial and intellectual of Columbia Law School and the University of Sydney, property litigator in the New York office of Manatt, where she served as an editor of the Sydney Law Review. Phelps & Phillips. Samantha has experience in a broad She previously worked at Australia’s Attorney-General’s range of complex commercial and intellectual property Department, where she litigated several high-profile disputes. constitutional and administrative law cases, including As part of her commercial litigation practice, Samantha in the High Court of Australia. From 2013-2014, she handles matters involving claims of breach of contract, served as law clerk for the Hon. Robert Beech Jones of breach of fiduciary duty, tortious interference, breach the Supreme Court of New South Wales. She has been of restrictive covenants, misappropriation of trade published or quoted in the Washington Post, NBC News, secrets, unfair competition, defamation, and securities The Intercept, The Columbia Journalism Review, and Just fraud, as well as trusts and estates issues. In addition, Security. Samantha litigates direct and derivative claims involving disputes among business owners such as shareholders, David Lat LLC members and partners, and defends against class Founding Editor actions. Above the Law With respect to intellectual property, Samantha handles David Lat is founding editor of Above the Law, an award- matters involving copyright, trademark and trade dress winning website about the legal profession that reaches infringement, dilution, unfair competition and false more than 1 million unique visitors a month. David’s advertising claims. In addition, she represents clients writing has also appeared in the New York Times, the in opposition and cancellation proceedings before the Wall Street Journal, and the Washington Post, among United States Patent and Trademark Office’s Trademark other publications. Prior to Above the Law, he launched Trial and Appeal Board (TTAB). Underneath Their Robes, a blog about federal judges. Samantha has also litigated issues concerning Before entering the media world, David worked as a the Communications Decency Act, the Stored federal prosecutor in Newark, New Jersey; a litigation Communications Act, the Computer Fraud and Abuse associate at Wachtell, Lipton, Rosen & Katz, in New Act and the Electronic Communications Privacy Act. York; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. David She represents clients across a wide range of industries, graduated from Harvard College and Yale Law School, Chambers & Partners HNW directory every year since its where he served as an editor of the Yale Law Journal. inception in 2016, and she has numerous national awards David’s first book, Supreme Ambitions: A Novel, was and accolades from the National Law Journal, including published in 2014. According to the New York Times, “for being named as one of D.C.’s 40 Under 40 in 2019. She an elite niche — consisting largely of federal judges and is regularly asked to speak on issues involving the First their clerks — Supreme Ambitions has become the most Amendment, media, and reputation, including publishing buzzed-about novel of the year.” multiple op-eds in The Wall Street Journal and appearing as a guest on Fox News, CNN, and ABC’s 20/20. Libby Locke Libby graduated from NYU’s College of Arts and Science Founding Partner with a degree in Politics and Economics, and she received Clare Locke LLP her J.D. from Georgetown University Law Center. After Libby is one of the country’s most sought-after libel law school, she clerked on the U.S. Court of Appeals for lawyers. She is a trusted counselor and fierce advocate the Fifth Circuit, and then began her career in private for Fortune 100 companies and high-profile individuals practice at Kirkland & Ellis. Perhaps the accomplishment facing existential reputational attacks from the national of which she is most proud, Libby is a mom of five. She media and other influential publishers, achieving lives in Alexandria, Virginia with her husband and law remarkable results for her clients both in and outside of partner, Tom Clare, their children, and the world’s most the courtroom. spoiled Labrador Retriever, Gipper. After co-founding Clare Locke LLP in 2014, Libby rapidly rose to national prominence for a highly-publicized David E. McCraw multi-million dollar trial victory against Rolling Stone Senior Vice President & Deputy General Counsel magazine about a fictional portrayal of a gang rape at The New York Times Company a University of Virginia fraternity. In 2019, she was lead David McCraw serves as the principal newsroom lawyer trial counsel and won a $22.35 million jury verdict on for The New York Times. He is the author of the book behalf of a successful businessman who was defamed by “Truth in Our Times: Inside the Fight for Press Freedom in a public company in the course of a proxy fight. A skilled the Age of Alternative Facts” (St. Martin’s 2019), a first- appellate advocate and former federal circuit clerk, in person account of the legal battles that helped shape The 2019 Libby achieved a rare win against The New York Times’s coverage of Donald Trump, Harvey Weinstein, Times on behalf of former Gov. Sarah Palin in the U.S. national security, and the rise of political partisanship Court of Appeals for the Second Circuit arising out of a in America. Mr. McCraw has been at The Times for 17 false and defamatory editorial. She is actively litigating years and currently holds the position of Deputy General matters against a variety of other mainstream news Counsel. outlets, including CNN and Bloomberg. In addition to advising the newsroom on libel and Libby’s success in the courtroom gets her results in other legal issues, he is one of the nation’s most the newsroom. She regularly advises clients and their prolific litigators of Freedom of Information cases, PR counsel in dealing with the national media in crisis having brought more than 60 suits against the federal situations, and some of her biggest wins are the false government. He also oversees international security for stories the public will never hear about. She has killed Times journalists and has worked as the crisis response flawed articles, storylines, and broadcast segments manager when reporters and photographers have been in outlets including in The New York Times, The kidnapped or detained abroad. Washington Post, Vanity Fair, The National Enquirer, He is a visiting lecturer at Harvard Law School and an and on Bloomberg, CBS and The Dr. Oz Show. Libby adjunct professor at the NYU Law School. He previously has also vindicated her clients’ reputations by obtaining was deputy general counsel at the New York Daily News retractions of false publications, including by securing and a litigation associate at Clifford Chance and Rogers a $3.375 million settlement and video apology from the & Wells. Mr. McCraw is a graduate of the University of Southern Poverty Law Center, a complete retraction of a Illinois, Cornell University, and Albany Law School. Bloomberg podcast, and a multi-article correction from The Chicago Tribune. Bradley Mullins Recognized as an expert in libel law and the First Partner Amendment, Libby has been ranked as a Band 1 global Mitchell Silberberg & Knupp LLP defamation / reputation management provider in Bradley J. Mullins is a partner and member of the Entertainment and IP Litigation practice group in the firm’s Los Angeles office. Brad’s practice focuses on WMG’s legal, business affairs and public policy strategy Entertainment and Intellectual Property Litigation, around the world. Paul joined WMG’s legal department representing many leading businesses and individuals in in 1995, and was named to his current position in 2006. the music, video game, and film and television industries, Before joining WMG, Paul was a partner in the New York as well as emerging and established technology City law firm Mayer, Katz, Baker, Leibowitz & Roberts. businesses. Brad has a wealth of experience litigating in Paul has a B.A. in English from Williams College. He both state and federal courts across the country, with a earned his J.D. from Fordham University School of Law. concentration on copyright, trademark, and contract and commercial disputes. He received his J.D. from Columbia Law School and a B.A. from University of Wisconsin, Khadijah Sharif-Drinkard ’97 Madison. Senior Vice President, Business and Legal Affairs ViacomCBS Media Networks/BET Networks Khadijah Sharif-Drinkard serves as Senior Vice President, John Quinn Business and Legal Affairs, ViacomCBS, where she Partner oversees unscripted programming, music programming, Kaplan Hecker & Fink LLP tent poles, specials and news across BET Networks. John Quinn is a partner at Kaplan Hecker & Fink LLP, She is a strong business partner with broad expertise a cutting-edge boutique litigation firm based in New and over 20 years of practicing law in the media and York City. John was one of the co-founders of the firm entertainment field. Khadijah structures and negotiates in 2017, along with Roberta Kaplan, who is best known a wide variety of transactions in connection with the for her Supreme Court victory U.S. v. Windsor, which development, production, acquisition and distribution paved the way for same-sex marriage nationwide. John of content across platforms. Her experience as a skilled represents businesses and individuals in high-profile business executive and deal maker has been paramount civil litigation matters and leads the firm’s efforts in a in bringing deals to closure for a number of high profile number of progressive public interest matters. Last year, projects. Prior to working at BET Networks, Khadijah John successfully defended Gigi Hadid when she was served as Vice President, Senior Counsel at Nickelodeon sued for copyright infringement by a paparazzo based where she helped to launch “Dora the Explorer”, “Diego” on allegations that she posted a photograph of herself to and “The Backyardigans” and worked on shows like Instagram. John also represents Jennifer Lopez, Ariana “Spongebob Squarepants” along with other hits. Grande, Amber Heard, and a number of other public figures, as well as large tech companies including Airbnb Khadijah serves as Chairwoman of the Board of and Uber, a global hedge fund, a prominent real estate Directors for the Black Entertainment & Sports Lawyers developer, a popular theater producer, and a wide range Association (BESLA) and as President of the Board of other commercial and individual clients. John has also for Columbia College Women (CCW). She received spearheaded the development of a massive RICO case the inaugural Medal of Honor from the New Jersey against President Trump and his family and businesses, Muslim Lawyers Association in 2019, the inaugural worked on multiple amicus briefs filed in the U.S. Corporate Counsel of the Year Award from the Muslim Supreme Court in cases challenging various executive Bar Association of New York (MuBANY) in 2018 and actions by the Trump administration, and represented the Luminary Award for her business acumen and her a student-led LGBTQ+ pride organization in Starkville, commitment to diversity and inclusion from the National Mississippi, in a successful constitutional challenge to Association of Multi-Ethnicity in Communications the city’s denial of a parade permit—and then flew to (NAMIC). Starkville to help lead the parade. John was selected Khadijah has traveled and served on delegations to South by Super Lawyers as a 2018 and 2019 New York Rising Africa, Rome, Russia, China, the United Kingdom and Star in Business Litigation and was named one of the has worked with the United Nations to assist aspiring Best LGBT Lawyers Under 40 by the National LGBT Bar business women from Iraq. She contributed to a book Association. entitled Living Islam Out Loud: American Muslim Women Speak (Beacon Press) where she chronicles her Paul M. Robinson ’83 journey as an activist and a Muslim American. Khadijah Executive Vice President & General Counsel earned her Bachelor of Arts degree from Columbia Warner Music Group University and her Juris Doctor from Fordham University Paul M. Robinson is Warner Music Group’s Executive School of Law. She lives in New Jersey with her husband Vice President & General Counsel, responsible for and two daughters. Olivier Sylvain Professor, Fordham Law School GUEST WI-FI ACCESS Visitors to campus may use either the Fordham-P or FordhamGuest Director, McGannon Center network. The Fordham-P network is more secure than the Olivier Sylvain is a Professor of Law at Fordham FordhamGuest network, which is intended for the convenience of University School of Law. His academic interests are campus visitors. FordhamGuest provides unprotected and insecure chiefly in information and communications law and access to the Internet, allows basic web browsing, and is limited to Internet-available services. Do not use the network for the exchange of policy. He teaches and writes about current controversies sensitive or personal information. in communications policy, online intermediary liability, and privacy. At Fordham, Olivier teaches Legislation & FORDHAM-P NETWORK Regulation, Administrative Law, Information Law, and 1. Go to Settings>Wi-Fi and select Connect-Fordham-WiFi. information law related courses. He is the Director of the 2. Open your web browser and navigate to a frequently refreshed URL, McGannon Center for Communications Research. He is such as CNN.com. You will automatically be directed to the Fordham also affiliated with the Center for Law and Information network welcome page. Select Join as a Guest. (Note: For Apple iOS Policy and the Center on Race, Law, and Justice. Before devices, use only the Safari browser for this process.) entering academia, Olivier was a Karpatkin Fellow in 3. Agree to the acceptable use policy. You will be directed to a new the National Legal Office of the American Civil Liberties website. Click Join Now. Union in New York City and a litigation associate at 4. Follow the prompts to complete the process, which includes downloading/installing a small configuration file that allows you Jenner & Block, LLC, in Washington, D.C. He is on the to connect to our public Wi-Fi network. You may need to enter the board of directors for the New York affiliate of the password for the device/computer to complete the process. American Civil Liberties Union and teaches a class on 5. You’ll receive a message confirming that you’ve joined the network. modern American literature for local incarcerated men. Click Done. Guest Wi-Fi is available throughout Fordham University’s Lincoln Center campus. While guest access does not expire, on subsequent Nancy Wolff use with your device/computer, you may be prompted to agree to the Partner acceptable use policy. Cowan, DeBaets, Abrahams, and Sheppard, LLP For more detailed, device- or computer-specific instructions, visit Nancy Wolff is a partner at the intellectual property, www.fordham.edu/wireless, pick up a more detailed instruction sheet media and entertainment law firm of Cowan, DeBaets, at the information desk, or call the Fordham Law Helpdesk at 212-636-6786. Abrahams & Sheppard, LLP located in New York, New York and Beverly Hills, CA. She represents a wide range of creative individuals and companies in all areas of FORDHAM GUEST NETWORK digital media, art law, licensing and publishing and serves 1. Go to Settings>Wi-Fi and select FordhamGuest and connect as counsel to the Digital Media Licensing Association. 2. Click on the “Accept” button Nancy is co-chair of the firm’s litigation department and handles pre-pub review as well as transactional matters By choosing the “Accept” button, you indicate that you accept the risks associated with using the [Fordham Guest] network. Fordham is not involving copyright and licensing. Nancy is a frequent responsible for any problems that might arise as a result of using this speaker throughout the United States and Europe on network. copyright, digital media, and licensing and has received significant recognition for her expertise in copyright law. CLE CREDIT She is the Immediate Past President of the Copyright Society of the USA (CSUSA) and a member of the ABA CLE credit for the program is approved in accordance with the requirements of the New York and New Jersey States CLE IP Task Force on Copyright Reform. She was named Board for a maximum of 3 transitional and non transitional credits: Best Lawyers® 2020 “Lawyer of the Year” in Trademark (3.0) professional practice. Law (New York City), ranked in Chambers and Partners USA for Intellectual Property: Trade Mark & Copyright CLE course materials available at: law.fordham.edu/clematerials (New York) and was selected to Managing IP’s “Top 250 For more information, contact [email protected] Women in IP” 2018/19 list. She has also been named to the Super Lawyers Intellectual Property top 250 lawyers, Top 50 Female Lawyers (New York Metro) and Top 100 Lawyers (New York Metro) lists. ABOUT US About the Fordham Media & Entertainment Law Society Symposium Now in its sixth year, the Fordham Media & Entertainment Law Society Symposium is dedicated to exploring cutting-edge legal issues facing the media and entertainment industries. The Symposium offers a unique opportunity for students, faculty, and practitioners with a range of experience and expertise to discuss industry developments and network with influential leaders from major corporations, academia, and private practice.

2019-2020 Fordham Media & Entertainment Law Society Board President Marissa Saravis ‘20 Vice President Sami El-Kebbi ‘20 Symposium Director Benjamin Reiser ‘20 Symposium Coordinators Gabriele Forbes-Bennett ‘21 Meagan Lemley ‘21 Events Coordinator Jesse Roth ‘20 Treasurer David Devich ‘21 Social Chair Sky Stallbaumer ‘21 Mentorship and Alumni Director Andrew Nietes ‘20 Secretary Claire Marie Ochse ‘21