Chair, Technology, E-Business and Digital Media Department
Chair, Entertainment, Sports, and Media Transactions Practice Area

Areas of Practice
Digital Media and Technology; Entertainment, Sports, and Media Transactions; Advertising; Intellectual Property; Telecommunications; Privacy and Security

Representative Experience
Focusing on advice and licensing transactions on media, entertainment, advertising, privacy, high-tech and Internet issues, with particular emphasis on digital media and entertainment.

Media/Entertainment/Sports

Drafts and negotiates publishing and consulting agreements, music licensing agreements, talent agreements, live event contracts, television, film, theatre, and event production contracts, television and film distribution agreements (including IPTV and other digital distribution), life story and book option rights, video game development and distribution contracts, event sponsorship agreements, product placement agreements, merchandising agreements, model and photo releases, advertising agreements and various other entertainment contracts

Drafts and negotiates athletic sponsorship and licensing agreements, tournament webcasting agreements, clearance issues for sports footage, and other sports-related contracts

Provides regular advice and due diligence on copyright clearance, rights analysis, and rights of publicity issues, with particular emphasis on use of properties in a digital and/or mobile environment, including user generated content and social networking issues. Provides prepublication review of books, magazine articles, website and blog postings and newspaper articles for various publishers

Serves as production counsel for independent film, television, web and video game productions and digital music services, including providing advice on all aspects of day-to-day production issues

Technology/Internet

Provides web, e-business, and technology-related advice to more than 100 companies and has participated in over 800 Internet and technology related transactions on behalf of established businesses, large Internet and technology companies, and smaller start-ups. These transactions have involved many of the industry's leaders and have dealt with many cutting edge issues facing technology, including Web 2.0, social networking, outsourcing contracts, open source issues, and joint development agreements.

Drafts and negotiates content licenses, software licenses (both open source and closed source), enterprise systems licenses, software development agreements, hardware procurement agreements, ASP and master services agreements, website and wiki design and hosting agreements, webcasting and retransmission agreements, joint marketing agreements, consulting agreements, distribution and fulfillment agreements, business to business arrangements, financial transaction agreements, video game creation, production and distribution agreements, fulfillment, distribution, and warehousing agreements, agreements with technology transfer offices, and website privacy policies and terms of use

Advises on copyright, trademark, and defamation issues, including prepublication review of website content and other basic publisher liability advice for websites

Drafted and negotiated more than two dozen international agreements with foreign companies in Russia, India, China, Canada, Turkey, South Africa, Malaysia, Denmark, Guatemala, Egypt, Germany, Japan, United Kingdom, and Australia

Privacy and Security

Regularly advises on privacy and security issues, including database and customer list licensing, impacts of user content, spyware and adware issues and compliance with Gramm-Leach-Bliley, COPPA, CAN-SPAM Act, the USA Patriot Act, EU Data Initiative and Canadian privacy laws, and technology and encryption export issues

Drafts and negotiates database licenses, network security agreements, privacy policies and website terms of service

Advertising and Merchandising

Drafts and negotiates, on behalf of advertisers, advertising agencies and media companies, sponsorship and promotional agreements, agreements with advertising and public relations agencies, merchandising agreements for various entertainment properties (including clothing, toys, and games), advertising agreements and insertion orders for print, Internet, television and radio, video games, advertising policies, dynamic and static product placement agreements, and trademark licenses

Regularly provides prepublication review for advertising, and advice on trademarks, privacy issues, advergames, buzz marketing campaigns, rights of publicity issues, FTC and other regulatory compliance issues, CAN-SPAM Act and Wireless Spam issues, and content liability issues

Telecommunications

Regularly provides advice to telecommunications companies on Wi-Fi, mobile entertainment, and content carriage issues, including copyright clearance and DMCA safe-harbor and related issues

Drafted and negotiated ring tone, java game and wallpaper licenses, roaming agreements, subscriber agreements, joint marketing agreements, software services agreements, building access agreements, rooftop licenses, and office and technical space leases

Representative Clients
T-Mobile USA, Inc.
Microsoft
Discovery Communications
Warner Bros. Online
Clearwire
MSNBC Interactive
TMZ.com
KCTS-TV
Comedy Central
Seattle Times Company
E! Entertainment Television
adidas America

Academic Appointments
Adjunct Professor to the Masters in Digital Media Program in the School of Communications at the University of Washington; teaches class on “Digital Media Law and Policy” 2002-2007

Presentations
Presentation on Creative Commons, Open Source, and Other Alternative Licensing Schemes, Washington State Bar Association, September 2007

Presentation on the Privacy Implications of User Generated Content at the Privacy Symposium at Harvard University

Panel Presentation on Rightsholder Options: The Cross Platform Challenge - Film - Music - Broadband - Mobile – TV to Digital Hollywood, Spring 2007

Presentation on Cell Phones as Media Centers at Entertainment Technology Summit CLE

Presentation on The Future of Legal Services to In-House Legal Departments

Panel Presentation on Legal Issues Facing Filmmakers, Washington Lawyers for the Arts/911 Media Arts Center

Presentation on Online Publisher Liability Issues to Washington State Bar Association IP Law Institute

Presentation on Intellectual Property Issues in Video Games at Seattle U. School of Law

Presentation on Dealing with Disruptive Technologies to 2007 CEO Roundtable

Presentation on Structuring Deals with Content Owners for IPTV and Internet Video Distribution

Presentation on IP Essentials for Start-Ups to Northwest Entrepreneur Network

Presentation on the Risks of Technology on Your Enterprise to Silicon Valley Association of General Counsel

Presentation on Electronic Ethics to Pricewaterhousecoopers General Counsel Forum

Facilitator on Internet Issues at ABA Forum on Communications Law Annual Meeting

Presentation on the Legal Limits of Viral and Buzz Marketing for the Wall Street Transcript

Presentation on Spyware to Washington State Bar Association

Presentation on Legal Aspects of Music Contracts to Washington Lawyers for the Arts

Presentation on the Top 10 Traps of Technology to International Association of Privacy Professionals

Presentation on Publisher Liability Issues Facing Wireless Companies

Presentation on Legal Aspects of Free Lance and Work for Hire Agreements to National Association of Science Writers

Presentation on Negotiating for Wi-Fi Hotspots at Telecommunications and Advanced Commercial Leases CLEs

Presentation on Intellectual Property Issues facing Non-Profit Organizations to Western States Tax-Exempt Organizations Annual Conference

Presentation on Electronic Marketing, Security and Privacy to Shidler Center for Law Commerce and Technology at the University of Washington

Presentation on Copyright Fair Use issues at the Intellectual Property Institute of the Washington State Bar Association

Presentation on Legal Aspects of Webcasting to National Association of Broadcasters

Presentation on International Software Agreements to Washington Software Alliance

Publications
Co-author, “Advertising and Marketing Law Client Strategies,” Aspatore Books Inside the Minds Series, 2007

Author, “Ubiquitous Public Monitoring: The Impact of RFID Tags, Embedded GPS Receivers and Other Location Monitoring Technology on Privacy,” Privacy and Security Law Journal, May 2006

Author, “Saving the Multiplex by Restoring Community,” Box Office Magazine, Summer 2006

Author, “Open Source Licensing for Copyright: The Creative Commons Licensing Framework,” PBS Office of the General Counsel Newsletter, Spring 2006

Co-author, “Top 10 Privacy and Security Issues for 2006,” Privacy and Security Law Journal, March 2006

Author, “Rights Issues in Digital Entertainment,” Washington Software Alliance NewsBytes, December 2005

Co-author, “Private Censorship, Public Fora, and Chat Rooms,” First Amendment Law Letter, Winter 2000

Co-author, “FTC Announces Privacy Rules Governing Websites Visited by Children,” Internet Law Alert, November 1999

Co-author, “Is 'Anonymous' a Journalist? A Primer on Non-Traditional Journalists' Rights to the Journalist's Privilege,” First Amendment Law Letter, Winter 1996

Author, “Are Oliver Stone and Tom Clancy Journalists? Determining Who Has Standing to Claim the Journalist’s Privilege,” 69 Washington Law Review 739, July 1994

Memberships and Activities
Past President, Board of Directors, Seattle International Film Festival Group

Chair, Lex Mundi Committee on Media and Entertainment

Member, Washington Lawyers for the Arts

Named to Puget Sound Business Journal “40 Under 40”

Named as one of the Lawdragon “3,000 Leading Lawyers in America” in 2006

Named as one of the Lawdragon “500 New Stars, New Worlds” in 2006

Named a 'Rising Star' by Washington Law and Politics, 2005-2006 edition

Peer Rated by Martindale Hubbell

Education
J.D., University of Washington School of Law, 1995

• Topics Editor/Director of Development, University of Washington Law Review