NEWS ON CONTEMPORARY ISSUES

2007 © COZEN O’CONNOR. ALL RIGHTS RESERVED.

IN THIS ISSUE

Message From the Co-Chairs . . . . . . . .1

RECENT DEVELOPMENTS REGARDING:

The WGA and the Battle Over Residual Payments . . . . . . . . . . . . . . .2

Immigration and Sports . . . . . . . . . . . .3

HAPPENINGS

Spotlight On . . . . . . . . . . . . . . . . . . . .4

In the Media . . . . . . . . . . . . . . . . . . . .4

PHILADELPHIA

ATLANTA

CHARLOTTE

CHERRY HILL

CHICAGO

DALLAS

DENVER

HOUSTON

LOS ANGELES

LONDON

MIAMI

NEW YORK

NEWARK

SAN DIEGO

SAN FRANCISCO

SANTA FE

SEATTLE

TORONTO

TRENTON

WASHINGTON, DC

W. CONSHOHOCKEN

WILMINGTON

www.cozen.com

S P O R T S A N D E N T E R TA I N M E N T O B S E R V E R

Fall 2007

Justin B. Wineburgh, Co-ChairSports and Entertainment Practice

Cozen O’Connor1900 Market Street

Philadelphia, PA 19103Telephone: 215-665-2733Direct Fax: 215-701-2233jwineburgh@cozen.com

Huey Cotton, Co-ChairSports and Entertainment Practice

Cozen O’ConnorSuite 2850, 777 South Figueroa Street

Los Angeles, CA 90017Telephone: 213-892-7907Direct Fax: 866-537-7524

hcotton@cozen.com

MESSAGE FROM THE CO-CHAIRS

TO THE FRIENDS OF COZEN O’CONNOR:

We are pleased to bring you the Fall, 2007 issue of the Cozen O’Connor Sports and Entertainment Law Observer. Our intent is to make youaware of recent developments in the sports and entertainment industries,as well as bring you an update on the recent happenings within our practice at the firm.

Specifically, in this issue, we examine two topics currently at the forefrontof the sports and entertainment industries. First, we explore the ongoingstrike between the Writers Guild and the Association of Motion Picture andTelevisions Producers. Next, we outline the various immigration issuesand options for foreign athletes who seek employment in the United States.

We hope to enlighten you on legal issues relevant to your industry, and to provide our insight and analysis into these developments. In the fastpaced, ever-changing climate of the sports and entertainment industries, it is important to stay abreast of the relevant issues, and westrive to assist you with this task. We hope you find this publication bothuseful and informative, and would be pleased to discuss any of the topicswith you at your convenience.

NEWS ON CONTEMPORARY ISSUES

S P O R T S A N D E N T E R TA I N M E N T O B S E R V E R

RECENT DEVELOPMENTS

THE WRITERS GUILD VS. THE ALLIANCE OF MOTIONPICTURE AND TELEVISION PRODUCERS

THE BATTLE OVER RESIDUAL PAYMENTS

By: Justin B. Wineburgh

Over the past year, the failure of theWriters Guild of America (“WGA”) andthe Alliance of Motion Picture andTelevision Producers (“AMPTP”) to agreeon a new contract lead to the conclusion

that a strike by the WGA was inevitable. The laststrike by the WGA, in 1988, lasted 22 weeks and costthe entertainment industry an estimated $500 million.According to economist speculation, a similar striketoday would cost twice that, an astounding $1 billion.

The agreement between the two groups, which expiredon October 31st, specified that writers be paid residualpayments for the reproduction and re-distribution ofmovies, television shows and other media. These payments occur regardless of whether a movie or showturns a “profit,” and have long been a staple of writers’ compensation in Hollywood since the 1980swhen studio executive Lew Wasserman agreed to the current residual structure. The issue that was largely responsible for complicating the negotiation andconsummation of new agreement is the manner inwhich those residual payments would be calculated forpreviously undefined forms of media – specifically, theinternet and other “new media.” In a stand-down reminiscent of the past negotiations between the mediaconglomerates and the WGA that lead to the priorstrike, both sides expressed wildly different views ofwhat they believed should be the share allocated to the writers.

The WGA argued in favor of a residual structure basedon the current model, but expanded to incorporate a formula for the internet and other “new media.” Such arevision would expand the jurisdiction of the WGA, andguarantee residual payments for the WGA members inthe aforementioned areas. The AMPTP started the negotiations with the notion of eliminating several ofthe rights already guaranteed to writers under the lastcontract, while attempting to revamp the payment of residuals in its favor, a resolution that the WGAviewed as blatantly unfair. While the AMPTP arguedthat profits from original viewings have shrunk exponentially in recent years, the WGA contended thatreuse payments should be paid regardless of how muchmoney is recouped by the studios.

After months of fruitless negotiations, WGA membersvoted overwhelmingly to authorize a strike. Althoughprogress was supposedly made during last-minute talksbetween the WGA and AMPTP representatives in thefinal hours leading up to the strike deadline, discussionsbroke down when the WGA decided to strike asplanned, prompting the AMPTP representatives to leavethe negotiating table. With that, the strike commencedat midnight on November 5, 2007.

While the strike could last anywhere from a week to ayear, Hollywood insiders have said that movie studiosmay not feel the full impact of the strike for possibly aslong as nine months. Television networks, however, arealready seeing the effects of the strike. Talk shows, forexample, rely heavily on writers due to the nature of thecurrent events discussed in those formats, and have allbeen suspended until the strike is resolved.Furthermore, sitcoms, which are usually written withmuch less lead-time than other types of programs, arealso expected to be affected almost immediately.

FALL 2007 COZEN O’CONNOR’S SPORTS AND ENTERTAINMENT OBSERVER PAGE 2

To suggest topics or for questions, please contact Justin B. Wineburgh, Editorat 215.665.2733 or jwineburgh@cozen.com. To obtain additional copies, per-mission to reprint articles, or to change mailing information, please contactLori Scheetz 800.523.2900, or at lscheetz@cozen.com.

Comments in the Cozen O’Connor Sports and Entertainment Observer are notintended to provide legal advice. Readers should not act or rely on informationin the Observer without seeking specific legal advice from Cozen O’Connor on matters which concern them.

FALL 2007 COZEN O’CONNOR’S SPORTS AND ENTERTAINMENT OBSERVER PAGE 3

In addition to having a profound financial effect on the entertainment industry, the strike also brings up severalcomplex legal issues. Television program writer-producers(or “showrunners”), most of whom are WGA members,have been caught directly in the middle of the strike astheir duties are multi-faceted. While most showrunners arecontractually bound to produce their television shows, theWGA maintains that, as guild members, they are prohibited from performing any activities which includewriting. Additionally, the WGA has implemented a “scriptvalidation” program, which requires writers to submitcopies of their in-progress scripts to the WGA to ensurethat the writers are not working during the strike. Studiosand production companies have responded to these WGAactions by sending cease and desist letters to any writersunder a production contract, stating that releasing such material to a third party is in violation of their contractual obligations.

These are but a few examples of the harsh realities createdby the strike. Most certainly, there are countless more legalissues that have been implicated, which will only serve tofuel the discord between these two groups as the strikecontinues. Hopefully the impasse will be resolved quicklybecause, with history possibly being the best predictor ofwhat lies ahead, the impact of a continued strike willundoubtedly be tremendous.

For more information please contact Justin B. Wineburghat jwineburgh@cozen.com or 215-665-2733.

OPTIONS FOR ATHLETES WHO SEEK EMPLOYMENTIN THE UNITED STATES

By: Vincent R. McGuinness andElena Park

In the area of immigration, thefederal government has sent aclear, concise and unambiguousmessage that employers must

ensure that persons they hire hold proper visas or greencards. Recently, the U.S. Immigration & Customs

Enforcement Bureau announced that employer compliancewith immigration laws will become a top priority:“Effective worksite enforcement plays an important role in the fight against illegal immigration and in protectingour homeland”.

Many athletic organizations seek to employ foreign athletes on a temporary or permanent basis. Employersseeking to place the foreign athlete on an expedited basisshould consider a variety of non-immigrant petitions.Employers can use the “O-1” visa when employing staff“pros” upon a showing that the employee demonstrates“extraordinary ability in the athletic field”. Similarly, the“P-1” visa may be used if the employee will compete individually or as part of a team at an internationally recognized level. To the extent the employer can demonstrate the position constitutes a “specialty occupation”, the H-1B visa is available, but quite difficultto secure. Employers should consider the E-3 “AustralianSpecialty Occupation” visa which applies only to nationalsof Australia coming to the United States to perform a “specialty occupation”. A specialty occupation is one thatcannot be performed without a Bachelor’s Degree or higher. The “TN status/NAFTA visas” can also be pursuedfor Canadian and Mexican professionals who are in designated professions of high need. The TN category issimilar to the H-1B.

All of these non-immigrant petitions may be filed for “premium processing,” which provides that the U.S.Citizenship and Immigration Services will act on thePetition within 15 days upon filing the $1,000 premiumprocessing fee. Otherwise, petitions will be reviewed within a 3-4 month time frame.

Athletes may also consider filing for green cards under a First Preference upon demonstrating skills at an extraordinary level. Alternatively, the employer may fileon behalf of the athlete as a Second Preference filing.However, unlike the Petitions for Non-ImmigrantWorkers, the process to secure a green card is time consuming and complex.

For more information please contact Vincent R.McGuinness at vmcguinness@cozen.com, 215-665-2097or Elena Park at epark@cozen.com, 610-941-5400.

S P O R T S A N D E N T E R TA I N M E N T O B S E R V E R

NEWS ON CONTEMPORARY ISSUES

S P O R T S A N D E N T E R TA I N M E N T O B S E R V E R

HAPPENINGS

SPOTLIGHT ON…

Aaron Georghiades has joined the Firm’s New Yorkoffice. Aaron received his law degree from theUniversity of Wales, School of Law in 2001 and workedat Deliotte Touche in London before coming to the United States to represent clients in the media, television, entertainment and publishing industries. Aaron has worked as litigation and production counsel for numerous television programsand films, including Borat The Movie, as well as television shows for Discovery, A&E and AnimalPlanet, and advising on and litigating in such areas of law as copyright, invasion of privacy, defamation and trademark.

Welcome Aaron.

Justin B. Wineburgh, Co-Chair of the Sports andEntertainment Practice at Cozen O’Connor, was recent-ly appointed to the Law Firm Advisory Board of theAssociation of Media and Entertainment Counsel(AMEC). AMEC was created to further the development of lawyers within the entertainment industry. Being on the board, Justin will serve as a consultant to AMEC and assist in the planning of programs in Los Angeles and New York. KristinHolland, Chair of the Advisory Board, stated, “Justinshares our commitment to recognizing and supportingthe important work of in-house counsel at major entertainment and media companies. His experience inthe representation of global entertainment clients willserve the Board and AMEC well.”

IN THE MEDIA

Our Entertainment Law Practice members frequentlymake appearances in the media as well as lecture on avariety of issues affecting the entertainment industry.Some of our recent appearances, as well as the topicscovered, include the following:

Jennifer A. Brandt

The Comcast Network – “Your Morning”,“It’s Your Call with Lynn Doyle”

CNN – “Showbiz Tonight”, “Headline News”

Fox News Channel – “Fox News Live”,“The Big Story”, “The Live Desk WithMartha MacCallum”

Scott B. Schwartz

International Trademark Association'sAdministrator’s Conference – “ClientDevelopment: Pitching for Success,; and“The Crossroads: When Marketing andTrademarks Meet.”

The Comcast Network – “Your Morning”

Justin B. Wineburgh

Temple University Film School – “Legal Issues in theEntertainment Industry”

Pennsylvania Bar Association – “Legal and IntellectualProperty Aspects of the Entertainment Industry”

“The Well Advised Woman Radio Show” – Women andthe Entertainment Business

Widener University School of Law – “IntellectualProperty Law and Its Future”

NBC Television – “All That & More”

Fox News Channel – “Good Day Philadelphia”

The Philadelphia Inquirer – “Let the Movie CamerasRoll, and the Cash Will Follow”

FALL 2007 COZEN O’CONNOR’S SPORTS AND ENTERTAINMENT OBSERVER PAGE 4

PLEASE CONTACT ANY OF OUR OFFICES FOR ADDITIONAL INFORMATION OR VISIT US ONLINE AT WWW.COZEN.COM

PRINCIPAL OFFICE: PHILADELPHIA1900 Market StreetPhiladelphia, PA 19103-3508Tel: 215.665.2000 or 800.523.2900Fax: 215.665.2013For general information please contact: Joseph A. Gerber, Esq.

ATLANTASuite 2200, SunTrust Plaza303 Peachtree Street, NEAtlanta, GA 30308-3264Tel: 404.572.2000 or 800.890.1393Fax: 404.572.2199Contact: T. David Higgins, Jr., Esq.

CHARLOTTESuite 2100, 301 South College StreetOne Wachovia CenterCharlotte, NC 28202-6037Tel: 704.376.3400 or 800.762.3575Fax: 704.334.3351Contact: T. David Higgins, Jr., Esq.

CHERRY HILLSuite 300, LibertyView457 Haddonfield Road, P.O. Box 5459Cherry Hill, NJ 08002-2220Tel: 856.910.5000 or 800.989.0499Fax: 856.910.5075Contact: Thomas McKay, III, Esq.

CHICAGOSuite 1500, 222 South Riverside PlazaChicago, IL 60606-6000Tel: 312.382.3100 or 877.992.6036Fax: 312.382.8910Contact: James I. Tarman, Esq.

DALLAS1717 Main Street, Suite 2300Dallas, TX 75201-7335Tel: 214.462.3000 or 800.448.1207Fax: 214.462.3299Contact: Lawrence T. Bowman, Esq.

DENVER707 17th Street, Suite 3100Denver, CO 80202-3400 Tel: 720.479.3900 or 877.467.0305Fax: 720.479.3890Contact: Brad W. Breslau, Esq.

HOUSTONOne Houston Center1221 McKinney, Suite 2900Houston, TX 77010-2009Tel.: 832.214.3900 or 800.448.8502Fax: 832.214.3905Contact: Joseph A. Ziemianski, Esq.

LOS ANGELESSuite 2850777 South Figueroa StreetLos Angeles, CA 90017-5800Tel: 213.892.7900 or 800.563.1027Fax: 213.892.7999Contact: Mark S. Roth, Esq.

LONDON9th Floor, Fountain House130 Fenchurch StreetLondon, UKEC3M 5DJTel: 011.44.20.7864.2000Fax: 011.44.20.7864.2013Contact: Richard F. Allen, Esq.

MIAMIWachovia Financial Center200 South Biscayne Boulevard, Suite 4410, Miami, FL 33131Tel: 305.704.5940 or 800.215.2137Contact: Richard M. Dunn, Esq.

NEW YORK45 Broadway Atrium, Suite 1600New York, NY 10006-3792Tel: 212.509.9400 or 800.437.7040Fax: 212.509.9492Contact: Michael J. Sommi, Esq.

909 Third AvenueNew York, NY 10022Tel: 212.509.9400 or 800.437.7040Fax: 212.207.4938Contact: Michael J. Sommi, Esq.

NEWARKSuite 1900One Newark Center1085 Raymond BoulevardNewark, NJ 07102-5211Tel: 973.286.1200 or 888.200.9521Fax: 973.242.2121Contact: Kevin M. Haas, Esq.

SAN DIEGOSuite 1610, 501 West BroadwaySan Diego, CA 92101-3536Tel: 619.234.1700 or 800.782.3366Fax: 619.234.7831Contact: Joann Selleck, Esq.

SAN FRANCISCOSuite 2400, 425 California StreetSan Francisco, CA 94104-2215Tel: 415.617.6100 or 800.818.0165Fax: 415.617.6101Contact: Joann Selleck, Esq.

SANTA FE125 Lincoln Avenue, Suite 400Santa Fe, NM 87501-2055 Tel: 505.820.3346 or 866.231.0144Fax: 505.820.3347Contact: Harvey Fruman, Esq.

SEATTLESuite 5200, Washington Mutual Tower1201 Third AvenueSeattle, WA 98101-3071Tel: 206.340.1000 or 800.423.1950Fax: 206.621.8783Contact: Jodi McDougall, Esq.

TRENTON144-B West State StreetTrenton, NJ 08608Tel: 609.989.8620Contact: Jeffrey L. Nash, Esq.

TORONTOOne Queen Street East, Suite 1920Toronto, Ontario M5C 2W5Tel: 416.361.3200 or 888.727.9948Fax: 416.361.1405Contact: Christopher Reain, Esq.

WASHINGTON, DCThe Army and Navy BuildingSuite 1100, 1627 I Street, NWWashington, DC 20006-4007Tel: 202.912.4800 or 800.540.1355Fax: 202.912.4830Contact: Barry Boss, Esq.

WEST CONSHOHOCKENSuite 400, 200 Four Falls Corporate CenterP.O. Box 800West Conshohocken, PA 19428-0800Tel: 610.941.5400 or 800.379.0695Fax: 610.941.0711Contact: Ross Weiss, Esq.

WILMINGTONSuite 1400, Chase Manhattan Centre1201 North Market StreetWilmington, DE 19801-1147Tel: 302.295.2000 or 888.207.2440Fax: 302.295.2013Contact: Mark E. Felger, Esq.

DIRECTORY OF OFFICES