Bryan Pringle v. William Adams Jr et al

Filing 282

DECLARATION of Barry I. Slotnick in support of MOTION for Attorney Fees of all Defendants 280 filed by Defendants David Guetta, Frederick Riesterer, Shapiro Bernstein and Co. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20 (Part One), # 21 Exhibit 20 (Part Two), # 22 Exhibit 21)(Miller, Donald)

E

HAN IBERS & PARTN ERS

-HAMBERS

America s Leac ng
Lawyers -for Business

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Leading Law Firms

lambersandpartners.com

California

LOEB & LOEB LLP
THE FIRM

Co-Chairs: John T Frankenheimer (LA office)
Michael D Beck (NY office)
Number of partners: 158
Number of other lawyers: 142
FIRM OVERVIEW: Loeb & Loeb LLP is a multi-service law firm with more than 300
attorneys focusing on select core industries and practice areas, rather than endeavoring to
be all things to all dients. The firm represents multinational, Fortune 100 companies in
their mid-market transactions and litigation matters, and serves as primary outside counsel to a multitude of mid-market clients The firm also represents clients ranging from
high tech start-ups to high net worth individuals and families. Loeb & Loeb has six offices
located in Los Angeles, New York, Chicago, Nashville, Washington DC, and Beijing. The
firm has an established history and nationally-recognized reputation in the entertainment and media industry, and is highly regarded for its depth in financial services and
real estate. The firm's industry focus also encompasses advanced media and technology,
energy, pharmaceuticals and life sciences. The firm has a broad array of experience and
continues to grow and thrive in its core practice areas.
Loeb & Loeb prides itself on client matters being conducted and coordinated expertly,
efficiently and expeditiously. Its Culture is geared towards establishing and strengthening
long-term client relationships, with an emphasis on senior attorney involvement in all
transactions and matters. Teams are kept to optimal size to provide the highest quality
advice, utmost efficiency, and seamless, cost-effective service across practices and offices.
MAIN AREAS OF PRACTICE: Advanced media and technology, advertising andpromotions; bankruptcy, restructuring, and creditors' rights; business litigation; China; corporate; employment and labor; energy; environmental; fashion and luuffiry brands;
Hatch-Waxman pharmaceutical litigation; high net worth families; IP l and entertainment litigation; land use and regulatory affairs; litigation; life sciences; medical devices
and pharmaceuticals; marketing and advertising regulatory; media and entertainment;
mergers and acquisitions; musiq patent litigation and cqunseling; privacy; private equity; private placement% real estate; securitie% securities arbitration and litigation; securitization and structured finance; sports talent; tax; technology and outsourcing;
trademarks and copyrights; trusts and estates; white-collar criminal defense, corporate
compliance and investigations.

OFFICES
CALIFORNIA

10100 Santa Monica Boulevard, Suite 2200, Los Angeles, CA'90667
1el: 310 282 2000 Fax: [phone]

'Email: ifrankenheimereloeb.com
Website: viAwvioeb.com
NEW YORK
345 Park Avenue, New York, NY 10154
Tel: [phone] Fax: [phone]
Email: dschaefer@'oeb.com
ILLINOIS

321 Nohh Clark Street, Suite 2300, Chicago, IL 60654
Tel: [phone] Fax: [phone]
Email: [e-mail]
TENNESSEE

1906 Acklen Avenue, Nashville, TN 37212
Tek 615 749 8300 Fax: [phone]
Email: rstillivaneloeb.com
.
DISTRICT OF COLUMBIA

601 Pennsylvania Ave NW,, Suite 900 South, Washington, DC 20004
Tel: [phone] Fax: [phone]
Email: dorenzo loeb.com
'INTERNATIONAL OFFICES

The firm alsahas arYOfficeM Beijing.

CONTACTS

Los Angeles '
New YOrk
Chicago
Beijing

,

Michael A Mayerson
David S Schaefer
Daniel tafrohfing
Robert 1:Siillivan
Richard M Lorenzo
.Frank iMarinaro

INTERNATIONAL WORK: Loeb & Loeb assists foreign companies who wish to do
business in the United States and counsels domestic companies looking ti) expand their
businesses across the globe. The firm has been especially successful in Asia, particularly
with corporate transactions; and its cross-border abilities have been furffier augmented
by the recent opening of its Beijing office. Loeb & Loeb handles a large slolume of commercial transactions working with a wide variety of clients including: US private equity
funds and investment banks pursuing transactions in China; Chinese dients seeking
auni
international investment opportunities; and Chinese companies • • g to list on US
stock exchanges. To date, more than 50 Chinese companies have relied r Loeb & Loeb
to help them go public in the United States. The firm represents both public and private
companies in numerous industries ranging from technology, media and advertising,
biotech, energy transportation, paper products and packaging on a broad geographic
base including China, India and Europe.

595

Media & Entertainment

www.chambersandpartners.com

New York

music-related litigation, acting for major brands such as

concerning major songwriter catalogs, among other dis-

Paramount Pictures, MGM and Broadcast Music. The

putes. Jay Cohen recently represented ASCAP in the

team draws on the firm's talented IP and noncontentious

[ed
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is-

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on

oend
•
andalf Dale>/fitkiand& ENS LLP
()Lumley Richard Cowan.Llebowitz & Lamm
Forest Katherine B Cravath, Swaine & Moore LLP *
miler Bruce P Debevvise & Plimpton LIP
mcp R Bruce Weil; Gotshal & Menges LLP *
snyder Odd filbsork-Duna& Clincher LLP .*
sand 2
Elkin Michael 144nsten & Stratief LLP *
Milllainara Elizabeth A Davis Wright Tremaine LLP
diner Charlet B Proskauer RoseLLP
pew Marcia B . Davis Wright Tremaine LL/1
Rainoe Carey R Paul, Weiss, Rifklnd, Wharton & GatTisOli LLP' r
áplro SaullEf'Petterson Belknap Webb & Tyler LLP*
Skrei Charlet Pieskauer Rose LLP
tiotnick Barry I Loeb & Coot, LLP
iayin Jonathan Ldeb &LOeb LLP *
Said 3
Sart Andrek jcinter & Block LLP
crown Jay Paul, Weiss, Rifkind, Wharton & Garrison LLP
,Crewshaw-Sparks Sandra Proskaaer Rose LLP
l.CRue Robert 0 Pitieron Belknap Webb & Tyler LLP *
Raslcopf Robert Quinn Emanuel Urquhart & Sullivan, LLP
Ste'vens Jane Mitchell Silberberg & Knapp
Up-and-coming lotlbottluols
'singer Randi
Wei&Oorshaf & yanges /IP *
* indcatm firrnfnctivicial with proffla.
*whetted order within each bar. Band 1 is the hi, 07est.

Supreme Court of the State of New York in an action

media and entertainment experts in New York and

brought by songwriter Melvin Van Peebles, resulting in the

California to deliver a wide-ranging and specialist service.

dismissal of each of the plaintiff's claims. "A

Sources Say: "The laiiryers bring a wealth of experience to

the table and are completely focused on the entertainment
industry"
KEY INDIVIDUALS Commentators promote Barry
Skunick (see p.1755) as "a brilliant litigator with tremen-

dous music publishing expertise. He's smart as can be, tough
and extremely reliable." Notable work includes advising the
ard of directors of the National Music Publishers'

strong tactical
thinker," he focuses on IP, antitrust and general commercial disputes.

Proskauer Rose LLP
See profile on p.1816
THE FIRM This team represents a broad client base that
covers artists and producers, industry associations, major
corporations and publishers. Notable examples include

Association on settlement of late fees issues against record

Madonna, Warner Music Group and the Association of

companies. Jonathan Zavin (see p.1764) focuses on han-

American Publishers. Particularly praised for its track record

dling disputes for motion picture studios and TV net-

in the copyright space, the group's broad-based expertise

works. ,

"Excellent in court and at managing the team," he

covers a wide range of disputes from contracts and trade-

successfully defended Twentieth Century Fox in a copy-

mark to false advertising and First Amendment cases.

right case concerning the show Family Guy's use of the

Sources Say: "A team of true experts who put their heart and

song 'When You Wish Upon A Star.'

soul into cases."
"The lawyers clearly have a passion for their work."

Patterson Belknap Webb & Tyler LLP

ICEY INDIVIDUALS Charles Sims is a prized copyright

See profile on p.1811
THE FIRM This group has an impressive reputation for

expert and also handles First Amendment cases. "A

handling copyright and commercial disputes for industry

the Supreme Court in relation to a copyright infringement

players such as Cablevision and Dow Jones. The team

class action brought against his client Reed Elsevier.

brought a suit on behalf of Hasbro against Jayant and Rajat
Agarwalla and their company RJ Softwares, alleging that

brilliant litigator and appellate Lawyer," he recently argued in

"Indepth knowledge of the music business and a commercial
approach" win Charles Ortner the respect of the market.

the defendants' online game 'Scrabulous' infringed

He and Sandra Crawshaw- Sparks are renowned for their

Hasbro's copyright and trademark rights in SCRABBLE.

copyright work in the music space. They recently repre-

Sources Say: "We use many firms but Patterson is our first

sented the former manager of the band The Fray in litiga-

Kirkland & Ellis LLP

choice for enter ainment litigation — the lawyers are incredi- tion relating to the termination of the parties' managebly practical and great at constructing a water-tight defense." ment agreement.
KEY INDWIDUALS "Astute and highly talented" Saul

try

See profile on p.1117
THE FIRM Kirkland & Ellis enters the rankings this year
following the acquisition of leading copyright lawyer Dale
Cendali and her nine-strong team from O'Melveny &
Myers. This has redefined the firm's New York office as a
destination media and entertainment litigation practice,
with clients including Apple, IBM and 11( Rowling. Recent

Shapiro (see p.1753) concentrates on commercial and IP
disputes and investigations for clients such as Thomson
Reuters and The McGraw-Hill Companies. IP litigator
Robert LoBue (see p.1731) enters the rankings this year in
recognition of his expertise in copyright disputes. He was
recently retained by Fleischer Studios to take on an appeal
in the Ninth Circuit contesting the validity and the rights

rid

highlights include representing The Associated Press in a

tO the Betty Boop cartoon character.

nd

lia
est
ice

in

Band 3
Media & Entertainment:
Entertainment Litigation
Quinn Emanuel Urquhart & Sullivan, LLP
See profile on p.600
THE FIRM This group has a growing profile in the IP field,
with the lawyers undertaking copyright and trademark lit-

declaratory judgment suit brought by graphic artist
Shepard Fahey, arising out of Fairey's unauthorized use of

Paul, Weiss, Rifkind, Wharton & Garrison LLP

igation for clients in the media and entertainment space.

a photo of President Barack Obama to create the Obarna

See profile on p.1812
THE FIRM This outstanding litigation firm has a strong

The team also acts in industry-related contract disputes,

`Aggressive litigators with exceptional industry

copyright and regulatory practice that encompasses motion

talent agencies and members of the sports industry among

rre

knowledge."

picture, theater, radio and new media cases, among others.

others. Recent highlights include representing

in-

KEY INDIVIDUALS According to interviewees, Dale

Market sources particularly highlight the group's expertise in

Ticketmaster in a case concerning trademark and copy-

Cendali (see p.1700) is "a superb choice for cutting-edge

music industry disputes. For example, the lawyers have been

right infringement, unfair competition and violations of

copyright cases — she's a real powerhouse in that area." JK

representing the National Music Publishers' Association in

the right of publicity

Rowling and Warner Bros. are long-standing clients, which

various matters, induding copyright infringement actions

Sources Say:

and a Copyright Royalty Board rate-setting proceeding for

deep bench of litigators who have exceptional industry expertise."

ids

she recently successfully represented in a copyright fair use
trial against RDR Publishing, halting the proposed publi-

reproduction and distribution royalties.

KEY INDIVIDUALS Robert Raskopfs practice spans IP,

rid

cation of an unauthorized Harry Potter lexicon.

Sources Say: "The lawyers have in-depth knowledge of the

First Amendment, contract, privacy and advertising dis-

Loeb & Loeb LLP
See profile on p.595

THE FIRM This deep media and entertainment group is

industry players and regulators and demonstrate great care putes. "A nimble thinker on his feet," this trial lawyer also
impresses clients with his ability to "discuss legal issues in
far their clients."
INDIVIDUALS Carey Ramos is "one of the top music terms that business people can understand and relate to."
copyright lawyers in the city," according to interviewees. He

especially noted for its prowess in TV, motion picture and

has been representing Warner/Chappell Music in litigation

ng
ny

'HOPE' poster and related commercial merchandise.

k.

Sources Say:

;ee
he

itt

an

representing talent, film studios, production companies,

167:

Leading individuals

;.corn www .crombersancipartners.com
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oedway Partners, Ruben Companies, Hospital
io special Surgery, Atlas Capital; ITT Industries.
cower joined in 1987; became Partner in 1997.
ponnal: ID, cum laude, Order of the Coif, New
s,ie University School of Law (1987), Pomeroy
*jar BA/BS, magna curn laude, University of
Reasylvania (1984).

ma**
nmewst

soEflA, Harry R

Foed, Frank, Harris, Shriver & Jacobson LLP,
sew Yodc
inns at, 212 859 8173
[e-mail]
Recommended in Real Estate (New York)
Prefr.$
id
practice Areas: Real estate Partner. Practice
avers a broad range of commercial real estate
ilumbitt =sections, including mortgage, mezzanine and
m Fisket vetruction financing (representing both lenders
melt , int borrowers), joint ventures, acquisitions and
depositions, development of office, residential,
hotel and mixed-use projects, and commercial
kasing. Clients include Tishman Speyer,
New
Maalowe Properties, Credit Suisse, Fremont
Ralty Capital, Atria Senior Living Group, AIG,
nal lack Resnick & Sons.
Career: Joined in 1995; became partner in 2005.
Personal: JD, Columbia Law School (1995),
rty, can Oales Kent Scholar, Harlan Fiske Stone Scholar;
=aria* BA, rnagna cum laude. University of California,
arphis - lesAngeles (1991), Phi Beta Kappa.
n of
SILVERBERG, Philip C
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agers, construction Managers, general contractors,

members of the design team and trade contractors. His experience includes public-private partnerships; international and domestic contract
documentation; program management, construc
non management, general contractor/designbuild agreements; general conditions/trade contracts; design team agreements; joint ventures;
consortium/partnering agreements; and design,
build, operate and turn-over agreements. He is
experienced in distressed property workouts
involving partially completed projects.
Professional Memberships: American Bar
Association, Forum on the Construction Industry,
Section of Litigation (Committee on
Construction Litigation), Section of Real Property,
Probate and Trust Law, Commercial Real Estate
Transactions Group (Committee on Design and
Construction); Federal Bar Council; Association
of the Bar of the City of New York; Construction
Specifications Institute; The National Society of
Professional Engineers; New York Society of
Professional Engineers; New York State Bar
Association.
Career: Admissions: New York, Supreme Court
of the United States and US District Courts of
New York.
Personal: JD, Columbia Law School, 1964; BS,
Massachusetts Institute of Technology, 1961.
SILVERMAN, Ronald J

Mound Cotton Wollan & Greerigrass, New

Rork
[e-mail]

Bingham McCutchen LLP, New York
212 705 7868
[e-mail]

Recommended in Insurance (New York)

Practice Areas: Both first and third-party
'insurance coverage and defense as well as reinsurance litigation and arbitrations. Represents insurers and reinsurers as respects coverage and defense
involving various types of insurance including
energy, builders risk, time element all-risk, boiler
and machinery, professional liability, environmental liability, and financial institution coverages.
Has handled trials and appeals involving major
corporate entities in state and federal courts in
carious jurisdictions throughout the United States
as well as subrogation and fraud claims. Has
avecl as national coverage counsel for major
Property/ casualty insurers for losses arising out of
901, Katrina, and other catastrophes. Also a frequent speaker at insurance industry events on
topics of current interest.
Publications: The Wall Street Journal (quoted),
Mealeys Litigation Report, Best's Review, The
Journal of Insurance Coverage.
Personal: Montclair State University (BA 1980),
Benjamin N Cardozo School of Law (JD 1984).

Recommended in Bankruptcy/Restructuring (New
York)

Practice Areas: Represents financial institutions and commercial enterprises in complex
financial and commercial transactions, creditors'
rights matters, and litigation throughout the
United States and abroad. Extensive experience in
a wide range of transactions and creditors' rights .
matters, including international restructurings,
debtor-in-possession financing, aviation and project finance restructurings, distressed mergers and
acquisitions, out-of-court workouts, reorganization and liquidation proceedings, and related litigation.
Career: Former adjunct professor, University of
Connecticut School of Law; Past Chair,
International Committee of the American
Bankruptcy Institute.
Personal: University of Connecticut School of
Law, JD, 1991; Trinity College, BA, with honors,
1988.
SIMMS, Marsha E

SILVERMAN, Arthur C

Duane Morris LLP, New York
212 692 1096
asilverrnan@duanemorris _corn
Recommended in Construction (New York)
Practice Areas: Mr Silverman practices in the
ma of construction law and litigation. He has
r9crsented interests relating to the construction
'Id Project finance processes, including owners,
developers, lenders, institutions, program man-

Weil, Gotshal & Manges LLP, New York
212 310 8116
[e-mail]
Practice Areas: Marsha SirnMS iS a Partner in
Weil Gotshal's Corporate Department, and practices primarily in the areas of debt financing and
restructuring. She has extensive experience negotiating financing and restructuring documentation,
and has represeuted major lenders providing
debtor-in-possession financing and exit financing.

Recommended in Banking & Finance (New York)

Ms Sirnms lectures at PLI and AL1JABA seminars
and is a Member of the American Law Institute.
Personal: Barnard College, BS, 1974; Stanford
Law School, JD, 1977.
SINGER, Randi W
Weil, Gotshal & Manges LLP, New York

212 310 8152
randi .si nger@wei I . co m
Recommended in Media & Entertainment (New
York)

Practice Areas: Randi Singer's practice focuses
on intellectual property litigation. She has extensive experience with Lanham Act false advertising
and trademark cases, as well as with copyright and
other intellectual property, media, unfair competition, music licensing and First Amendment issues.
She has successfully represented and counseled
clients in court, in arbitrations and before the
National Advertising Division on cases involving a
broad spectrum of consumer products and services. Ms Singer also teaches trademark and unfair
competition law and is a frequent speaker on
advertising issues.
Personal: Harvard University (AB, 1994, magna
cum laude); Columbia Law School (JD, 1998).
SIT, Po

Davis Polk & Wardwell LLP, New York
212 450 4000
[e-mail]
Recommended in Tax (New York)

Practice Areas: Member of Davis Polk's Tax
Department Works principally in the areas of
derivative products, partnerships, mergers and
acquisitions. Has been representing financial institutions primarily in the areas of financial products
and derivatives for years.
SLOTNICK, Barry I
Loeb & Loeb LLP, New York
212 407 4162
[e-mail]
Recommended in Media & Entertainment (New
York)

Practice Areas: Concentrates on copyright and
trademark infringement cases and matters in
entertainment industry addressing the respective
rights of owners and users, including cases on
rights of privacy and publicity. Represents clients
in entertainment, advertising, licensing and merchandising industries in courts nationwide.
Professional Memberships: Past President USA Copyright Society; Board of Directors Association of Independent Music Publishers;
International Trademark Association; ABA.
Career: Partner since 2001. Chair, Intellectual
Property and Entertainment Litigation Practice
Group. Adjunct Professor, Entertainment Law,
Syracuse University College of Law.
Personal: Syracuse University College of Law
(JD 1972); Queens College (BA 1968).
SMITH, Bradley Y

Davis Polk & Wardwell LLP, New York
212 450 4000
[e-mail]
Recommended in Banking & Finance (New York)

Practice Areas: Partner in Davis Polk 's Credit
Group. A recognised leader of the finance bar for

New York

a generation. Practice in recent years has tbcused
on acquisition finance and a broad range of
secured credit transactions, from traditional leveraged acquisition structures to complex debt
restructurings. His recent representations include
Federal Reserve Bank of New York in connection
with the term asset-backed securities loan facility
( TALF) and Citibank as administrative agent and
lead arranger in the $8 billion debtor-in-possession credit facilities established for Lyondell
Chemical Company and affiliated debtors, the
largest DIP financing in history, in 2009.
SMITH, Chris M

Shearman & Sterling LLP, New York
212 848 8238
[e-mail]
Recommended in Real Estate (New York)

Practice Areas: Mr Smith's practice spans every
type of real estate transaction including fund formations, financings, acquisitions and dispositions
both nationally and internationally involving
every major type of real estate product, ranging
from low income and market residential developments to office buildings, shopping centers and
hotels. He is active in the workout, foreclosure and
bankruptcy areas for both lenders and borrowers
and in retail and commercial leasing, joint venture
formations and project development. Clients also
include individuals, developers, investors and sovereign wealth funds.
Career: Bar Admission: New York. Partner since
1984.
Personal: Columbia law School, Rutgers
University.
SMITH, Jeffrey
Cravath, Swaine & Moore LLP, New York
212 474 1514
[e-mail]
Recommended in Environment (New York), Climate
Change (Nationwide)

See under Nationwide for profile.
SMITH, Jeffrey Q
Bingham McCutchen LLP, New York
212 705 7566
[e-mail]
Recommended in Securities (Nationwide), Litigation
(New York)

See under Nationwide for profile.
SMITH, Scott

Covington & Burling LLP, New York
212 841 1056
[e-mail]
Recommended in Corporate/MU (New York)

Practice Areas: Mr Smith is Chair of the firm's
Corporate Group and M&A Practice. His practice
includes advising companies, investment banks
and private equity funds on public and private
mergers and acquisitions, hostile takeovers, proxy
contests and leveraged buyouts. He has advised on
a number of multi-billion dollar transactions. He
also advises corporate boards and audit committees on corporate governance, and on general
securities law matters.
Personal: ID, with high honors, The University
of Texas (1980), Member of the Order of the Coif;
AB, magna cum laude, Harvard University (1976).

17!