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Justin B. Wineburgh

Member
P (215) 665-2733

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    • OVERVIEW
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    Media, Entertainment & Sports

    The media, entertainment, and sports industry has become a multibillion-dollar global juggernaut with unprecedented reach and influence. But with growth comes challenge. Constant technological advancement and changing economic models are forcing media, entertainment, and sports companies to continually change the way they conduct business. As a result, novel legal issues arise each day. Successful navigation of these turbulent waters requires experienced counsel who understand both where the entertainment industry has been and where it is going. Cozen O’Connor’s unrivaled grasp of the business side of the media, entertainment, and sport industry enables it to spot developing trends and fully prepare clients for the future.

    Cozen O’Connor attorneys have been providing legal and business advice to clients in the media, entertainment, and sports industry for more than thirty years. Our firm is consistently recognized as a leader in the entertainment bar by legal and trade organizations, as well as peers. We work closely with a sophisticated group of film, television, cable, music, radio, sports, media, and telecommunications clients. With offices throughout the United States, as well as in Canada and the U.K., Cozen O’Connor has the international capabilities to deliver the highest level of service to our industry clients from Los Angeles to New York and Toronto to London.

    Cozen O’Connor attorneys have long-standing, close relationships with individuals and companies at the highest levels of the entertainment industry. This gives us access to resources and information critical to our client’s success and allows us to operate at the cutting edge of this intensely competitive industry. We have been involved in the development of thousands of television productions, working on some of the highest-rated programs, and have served as counsel to dozens of films, from project inception through financing and distribution.

    In addition to industry-specific knowledge, our clients benefit enormously from Cozen O’Connor’s multidisciplinary strength. We handle our entertainment industry client’s issues across many substantive legal areas, including licensing, mergers and acquisitions, intellectual property, finance, tax, labor and employment, litigation, public and project finance, and bankruptcy. Cozen O’Connor attorneys have the breadth to handle the entertainment industry’s most complex matters.

    Cozen O’Connor attracts and retains forward-thinking lawyers who have the ability and desire to break new ground. Indeed, the attorneys in our media, entertainment, and sports practice are among the most creative and tenacious practitioners in the field. We are not bound by convention but, simply, by a fierce determination to do whatever is necessary to help our clients achieve their business goals.

     

    CLIENTS

    • Motion picture and television production companies, distributors, writers, directors, and actors
    • Film studios
    • Music industry record labels, publishers, and distributors; playwrights and composers
    • Content distributors
    • Professional sports teams and organizations, venues, and arena management companies
    • New media ventures
    • Mobile carriers and digital content service providers
    • Advertising, public relations, and marketing firms
    • Retail service and merchandise companies
    • Private equity, venture capital, film funds, and strategic investors
    • Financial institutions and service providers

     

    SERVICE AREAS

    Litigation

    • Represent media, entertainment, and sports clients in state and federal courts, arbitrations, and mediations, including proceedings before the Independent Film & Television Alliance and the California Labor Commissioner
    • Provide litigation counsel in dozens of subfields, including accounting, profit participation and royalty disputes, antitrust, commercial disputes, class actions, unfair competition, First Amendment, false advertising, rights of privacy and publicity, trademark, other intellectual property matters, employment, governmental investigations, defamation, and insurance coverage

    Transactions

    • Lead mergers, acquisitions, and joint ventures
    • Handle complex film financings
    • Provide guidance to maximize and monetize production, infrastructure and tax-related incentives, rebates, refunds and credits under federal, state, provincial, local, municipal and other applicable statutes, legislation, laws and regulations pertaining to film and television production
    • Negotiate the sale of media rights
    • Assist with acquisitions and sale of media catalogues, and name and likeness rights
    • Serve as television and motion picture production counsel from project inception through distribution
    • Advise clients on business development, media initiatives, multi-platform content creation, brand management, and consumer and retail  marketing strategies
    • Negotiate and draft agreements for sponsorship, collaboration, merchandising, licensing, confidentiality, employment, and content distribution on behalf of talent, writers, directors, producers, managers, agents, production, financing and distribution companies, and networks in the motion picture and television industry
    • Assist with financing, insurance, accounting, and taxation matters
    • Negotiate and draft record, publishing, producer, management, distribution, touring, merchandising, sponsorship, licensing, and internet agreements

    Corporate and Regulatory

    • Counsel clients on advertising, marketing, and telecommunications regulations
    • Provide government relations services
    • Offer sophisticated antitrust, tax, and corporate compliance counseling
    • Advise clients on employment and labor law regulations specific to the industry
    • Promote and protect intellectual property rights, including copyrights and trademarks
    • Assist with energy, environmental, and utilities law compliance

     

    RELATED PRACTICES

    • Real Estate
    • Intellectual Property
    • Labor & Employment
    • Commercial Litigation
    • Mergers & Acquisitions

    People

    Simeon D. Brier Member Miami (305) 704-5942
    Stephen A. Cozen Chairman Philadelphia (215) 665-2020
    Sarah E. Davies Administrative Partner, Litigation Department Philadelphia (215) 665-2768
    Steven N. Haas Vice Chair, Corporate Practice Group West Conshohocken (610) 832-7441
    Louis M. Heidelberger Member New York (212) 883.2221
    Michael J. Heller Chief Executive Officer Philadelphia (215) 665-4141
    Erik L. Jackson Member Los Angeles (213) 892-7961
    Daniel R. Johnson Member Chicago (312) 382-3188
    Dave Kissoon Member New York (212) 453-3829
    Larry P. Laubach Chair, Corporate Practice Group Philadelphia (215) 665-4666
    Anne M. Madonia Member Philadelphia (215) 665-7259
    Howard D. Maycon Co-Chair, Subrogation & Recovery, West Region Los Angeles (213) 892-7908
    Camille M. Miller Co-Chair, Intellectual Property Group Philadelphia (215) 665-7273
    David S. Nelson Member Philadelphia (215) 665-2000
    Elena Park Member West Conshohocken (610) 941-2359
    Jeffrey I. Pasek Member Philadelphia (215) 665-2072
    Kenneth G. Schwarz Of Counsel New York (212) 509-9400
    Stuart A. Shorenstein Member New York (212) 883-4923
    Thomas G. Wilkinson, Jr. Member Philadelphia (215) 665-3737
    Justin B. Wineburgh Member Philadelphia (215) 665-2733
    Paul J. Zola Associate New York (212) 908-1247

    Experience

    Represented The Kimmel Center – Philadelphia’s performing arts center – as a major constituent in the Chapter 11 Bankruptcy Cases of The Philadelphia Orchestra, The Academy of Music, and Encore Series, Inc. as well as in its capacity as Chairperson of the Official Committee of Unsecured Creditors of the Philadelphia Orchestra and The Academy of Music.


    Represented Comcast Spectacor in its acquisition of Paciolan, Inc. from Live Nation Entertainment, Inc., the successor in the Ticketmaster/Live Nation merger.


    Represented the owners and operators of the American Hockey League member club, Philadelphia Phantoms, in its sale to a new AHL member club


    Serves as Production Counsel for the Animal Planet hit television show, Tanked.


    Served as production counsel for "Restaurant: Impossible," the highest rated show on the Food Network


    Represented Grammy-award winning Ivory Productions in litigation in LA Superior Court. After a protracted trial, we successfully defended our client in a significant breach of contract and declaratory judgment action, and prevailed on a claim for over $400,000 in counsel fees.


    Represented a non-profit summer stock theatre in its Chapter 11 reorganization in the United States Bankruptcy Court for the District of New Jersey where we assisted the client in restructuring its bond and unsecured debt by reducing annual payment requirements and extending the maturity dates of the debt.


    Served as lead trial counsel representing Jon Bon Jovi and the Philadelphia Soul Arena Football Team in prosecuting a trademark and copyright dispute.


    Served as lead trial counsel for the estate of the author of the song “Disco Inferno,” where we succeeded in negotiating a settlement which confirmed the author's estate was the copyright owner in the renewal rights, could appoint their own administrator of such rights, and could collect licensing fees relating to such rights.


    Served as co-counsel representing National Association for Stock Car and Auto Racing, Inc., where NASCAR won a summary judgment leading to a ruling that NASCAR owns the worldwide copyrights to the NASCAR NEXTEL Cup Series Trophy. This ruling was upheld by the Third Circuit.


    Remediated and redeveloped the contaminated 10-acre Campbell’s Soup riverfront manufacturing site in Camden, NJ into a state-of-the-art minor league baseball stadium.


    Represented ARK Partners LLC, in the Belgium and Germany/U.S. purchase of a horse in Europe for delivery in the U.S.


    Represented a digital media company in sale transaction including negotiation of investment agreements for remaining executives.


    Represented investor in U.S. rugby franchise including contribution of U.S. rugby league assets.


    Represented Sony Corporation of America in its acquisition of Micronics, Inc., a developer of near patient point of care devices for disease diagnosis and treatment monitoring.


    Publications


    Fifty Shades of Copyright [Intellectual Property Magazine]

    May 13, 2013

    David B Sunshine and J Trevor Cloak explain what fan fiction authors need to know about copyright protection. MORE


    Summer 2008 [Sports and Entertainment Observer]

    August 14, 2008

    Summer 2008 - Sports and Entertainment Observer - MORE


    Fall 2007 [Sports and Entertainment Observer]

    November 07, 2007

    Fall 2007 - Sports and Entertainment Observer - Specifically, in this issue, we examine two topics currently at the forefront
    of the sports and entertainment industries. First, we explore the ongoing
    strike between the Writers Guild and the Association of Motion Picture and
    Televisions Producers. Next, we outline the various immigration issues
    and options for foreign athletes who seek employment in the United States. MORE


    Slugging Through Boxing's Contactual Minefields: Practical Solutions to Restore a Great Sport [Entertainment & Sports Lawyer]

    August 30, 2007

    Slugging Through Boxing's Contactual Minefields: Practical Solutions to Restore a Great Sport - Entertainment & Sports Lawyer - As an aspiring screenwriter, expression misappropriation in the screenwriting field strikes a particular chord with me. If any aspect of entertainment is unglamorous, it is the life of a screenwriter-particularly the unknown screenwriter. Unknown screenwriters rarely have resources (or the talent) to turn their manuscripts into motion pictures. MORE


    Remarks of Adam C. Bonin, Esq. Cozen O'Connor [Campaign Finance Law, Issue Advocacy and the Supreme Court]

    April 12, 2007

    Remarks of Adam C. Bonin, Esq. Cozen O'Connor - Campaign Finance Law, Issue Advocacy and the Supreme Court - Remarks from a panel discussion held last Thursday, April 12, 2007, at the American Constitution Society, regarding the upcoming Supreme Court arguments in FEC v. Wisconsin Right to Life MORE

    Events & Seminars

    Social Event for Sundance Film Festival Park City, UT 01/18/2013
    Third Annual International Legal Symposium on the World of Music, Film, TV and Sports Miami Beach, FL 05/02/2012
    Seventh Annual Sports and Entertainment Law CLE Symposium Wilmington, Delaware 02/16/2012
    Social Media Claims Englewood, CO 10/07/2011
    The Future of Social Media & the Law New York, NY 10/05/2011
    Entertainment Law for Film Production Philadelphia, PA 11/19/2010
    22nd Annual Entertainment, Sports, and Intellectual Property Law Conference Costa Rica 11/05/2010
    For-Profit v. Non-Profit for Film Production Ventures Philadelphia, PA 11/02/2010
    Rights for the Vocal Artist Philadelphia, PA 11/01/2010
    Panel discussion for the Philadelphia Film Festival Philadelphia, PA 10/16/2010
    Producing for Film, Television & New Media: The East Coast Edition Philadelphia, PA 03/25/2010
    Fifth Annual Sports and Entertainment Law CLE Symposium Wilmington, DE 02/24/2010
    P.I.N. Stripes Winter 2010 | ACCELERATION: Putting you in the Driver's Seat of an Exhilarating Career Philadelphia, PA 02/24/2010
    3rd Annual Nova Southeastern University Sports and Entertainment Law Symposium Davie, FL 02/20/2010
    U.S. Sports Film Festival Presents a Half-Day Series of Panels on Sports and Entertainment Law Philadelphia, PA 10/23/2008
    2007 Media and Entertainment Counsel Awards Los Angeles, CA 12/07/2007

    Press Releases


    Cozen O'Connor Member to Present at PBI CLEs, Philly Ad Club Seminar

    May 18, 2012

    Cozen O'Connor Member to Present at PBI CLEs, Philly Ad Club Seminar MORE


    Cozen O’Connor Member Speaks to Local Film Production Students

    November 30, 2010

    Cozen O’Connor Member Speaks to Local Film Production Students MORE


    Cozen O’Connor Member Speaks at 22nd Annual Entertainment, Sports, and Intellectual Property Law Conference

    November 12, 2010

    Cozen O’Connor Member Speaks at 22nd Annual Entertainment, Sports, and Intellectual Property Law Conference MORE


    Stephen A. Cozen Inducted Into International Academy of Trial Lawyers

    May 20, 2009

    Stephen A. Cozen Inducted Into International Academy of Trial Lawyers MORE


    Cozen O’Connor Attorney Justin B. Wineburgh Participates In Panel For Philadelphia Film Festival

    April 20, 2009

    Cozen O’Connor Attorney Justin B. Wineburgh Participates In Panel For Philadelphia Film Festival MORE


    Cozen O’Connor Attorney Justin B. Wineburgh Participates In Widener Sports and Entertainment Law Symposium

    April 20, 2009

    Cozen O’Connor Attorney Justin B. Wineburgh Participates In Widener Sports and Entertainment Law Symposium MORE


    Cozen O’Connor Attorney Justin B. Wineburgh Lectures On TV And Film Financing

    December 10, 2008

    Cozen O’Connor Attorney Justin B. Wineburgh Lectures On TV And Film Financing MORE


    Cozen O’Connor Attorney Justin B. Wineburgh Lectures On Rights Clearances For Philadelphia Film Office

    December 01, 2008

    Cozen O’Connor Attorney Justin B. Wineburgh Lectures On Rights Clearances For Philadelphia Film Office MORE


    Cozen O’Connor Attorneys Justin B. Wineburgh And Scott B. Schwartz Lecture On Entertainment Law For Film Festival

    November 03, 2008

    Cozen O’Connor Attorneys Justin B. Wineburgh And Scott B. Schwartz Lecture On Entertainment Law For Film Festival MORE


    Cozen O’Connor Attorney Justin B. Wineburgh Lectures On Borat For PVLA And Philadelphia Film Office

    June 30, 2008

    Cozen O’Connor Attorney Justin B. Wineburgh Lectures On Borat For PVLA And Philadelphia Film Office MORE


    Cozen O’Connor Attorney Justin B. Wineburgh Named To PVLA Advisory Board

    June 30, 2008

    Cozen O’Connor Attorney Justin B. Wineburgh Named To PVLA Advisory Board MORE


    Cozen O’Connor Attorney Dave Kissoon Admitted To Practice In Caribbean Commonwealth

    June 13, 2008

    Cozen O’Connor Attorney Dave Kissoon Admitted To Practice In Caribbean Commonwealth MORE


    Cozen O’Connor Attorneys Justin B. Wineburgh and Barry H. Kitain Lecture on Film Financing for Philadelphia Film Festival

    April 08, 2008

    Cozen O’Connor Attorneys Justin B. Wineburgh and Barry H. Kitain Lecture on Film Financing for Philadelphia Film Festival MORE


    Cozen O’Connor Member Justin B. Wineburgh Lectures on Entertainment Contracts for Drexel Law

    April 08, 2008

    Cozen O’Connor Member Justin B. Wineburgh Lectures on Entertainment Contracts for Drexel Law MORE


    Cozen O’Connor Attorney Justin B. Wineburgh Lectures on Borat For Gratz College

    April 05, 2008

    Cozen O’Connor Attorney Justin B. Wineburgh Lectures on Borat For Gratz College MORE


    Cozen O'Connor Attorney Justin B. Wineburgh to Serve as Adjunct Professor of Entertainment Law at Drexel University

    March 03, 2008

    Cozen O'Connor Attorney Justin B. Wineburgh to Serve as Adjunct Professor of Entertainment Law at Drexel University MORE

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