Attention:

No Lights, No Camera, No Game: Force Majeure Events & the Impact on Future Entertainment and Sports Negotiations


Level: Beginner
Runtime: 97 minutes
Recorded Date: June 08, 2020
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Agenda

• Force Majeure Provisions and Triggers
• Judicial Constructions and Interpretation
• Government Orders and Actions
        - Madison Square Garden
        - eSports Entertainment Group
        - New Frontier Media, Inc.
• Suspension of Play in the NHL
        - The Players
        - Collective Bargaining Agreement
        - COVID-19 and Suspension of Play
        - Context - Negotiations
        - Effect of Suspension
        - Outcomes
        - Parties' Response
        - "Phase 2" Agreement

Runtime: 1 hour, 37 minutes
Recorded: June 8, 2020

Description

The entertainment and sports industries are all sitting idle as the COVID-19 pandemic has forced individuals in those industries to work from home. The collaborative arts and sports extend far beyond the stars and celebrities and most of these industries have members who belong to guilds and unions who negotiate the collective bargaining agreements which typically set the minimum terms which employers must provide within the industry. Yet force majeure provisions are not consistent from industry to industry and some union and guild contracts don't address such provisions at all.

This program will explore how different unions and guilds treat force majeure events and the impact the crisis will have on future collective bargaining agreements and the rights of their members in future coronavirus crises.

This program was recorded on June 8th, 2020.

Provided By

American Bar Association

Panelists

Mark Tratos

Founding Shareholders
Greenberg Traurig, LLP.

Mark G. Tratos is the founding Shareholder of the firm's Las Vegas office, home of the largest group of entertainment attorneys in Nevada. Previously, he was the Co-Founder of the firm of Quirk & Tratos.

Mark focuses his practice on a variety of entertainment, intellectual property and litigation matters. He represents artists and performers, resort, hotel and casino entities in federal court litigation involving trademark, copyrights, domain names, rights of publicity and privacy law for known casino brands. He represents many of the largest resorts in the world on brand development and protection strategies, enforcement and infringement litigation.

Mark has represented numerous artists and performers, including the estates of Orson Welles, Anthony Quinn; performers Teller, Ozzy Osbourne, David Copperfield, Val Valentino and The Masked Magician; visual artists Ronnie Cutrone, Deny Dent, Vladamir Kush, Tim Bavington and Peter Lik; and athletes including world champion Floyd Mayweather Jr.

In keeping with the firm's commitment to community involvement, Mark has been a member of the adjunct faculty of the University of Nevada, Las Vegas for more than 25 years. He currently teaches entertainment law, rights of publicity and privacy law, and the law of cyberspace at UNLV's William S. Boyd School of Law; the business of entertainment at UNLV's hotel college; and entertainment and fine arts law at the College of Fine and Performing Arts. Mark is the author of the New York Bar Association's Entertainment Treatise, chapters on "The Evolution of Entertainment on the Internet," "The Evolution of Entertainment Production, Distribution, Ownership and Control in the Digital Age," and "Exhibitions: Art and Artifacts Exhibits as an Expansion of the Entertainment Industry." He is Past Chair for the Board of Trustees of the National Judicial College and is the Chairman of the Board of Visitors for Lewis & Clark Law School, and Vice Chair of the Board of Trustees of Lewis & Clark College. He serves as Director for the Board of the Smith Center for Performing Arts and Chairman of the Center’s Board of Advisors.

Roman Stoykewych

Senior General Counsel
NHLPA

Roman Stoykewych is currently Associate Counsel at the NHLPA. Along with the other members of the legal department, he is responsible for administration of the Collective Bargaining Agreement, handling player and NHLPA grievances and litigation, coordinating the Agent Certification Program and representing the NHLPA on various committees, including the Concussion Working Group.

Stoykewych assumed his current position with the NHLPA in August 2008 after serving as General Counsel of the Ontario Public Service Employees Union (OPSEU). Prior to joining OPSEU, Stoykewych worked as Associate Counsel at CAW-Canada, where he appeared as counsel before courts and tribunals at the federal and provincial levels, as well as assisted in collective bargaining and law reform.

Stoykewych has a broad range of experience in labour law, having served for eight years as Senior Legal Counsel for the Air Line Pilots Association, prior to his time with CAW-Canada. Stoykewych was also Vice-Chair for the Ontario Labour Relations Board from 1993 to 1996, where he adjudicated collective bargaining disputes between trade unions, management and employees, while also serving as an arbitrator for collective agreement grievances in the construction industry.

Stoykewych began his legal career with the Toronto firm of Cavalluzzo, Hayes, Shilton, McIntyre and Cornish, where he worked as an associate lawyer for six years. He received his LL.B from the University of Toronto and his LL.M from University of Cambridge. Stoykewych also holds a Political Science B.A from University of Manitoba and a Political Science M.A from Queen’s University. Roman was called to the Ontario Bar in 1987.

Heather Pearson

General Counsel
International Cinematographers Guild

Heather Pearson is the in-house Legal Counsel for the International Cinematographers Guild. Pearson was most recently senior counsel at the WGA West. She graduated from UC Davis Law School and was a captain in the United States Army.

Gregory Riches

VP & Legal Counsel - Sports Betting, i-Gaming, Entertainment, Corporate - Japan
MGM Resorts International

As vice president and legal counsel for MGM Resorts International, Greg Riches played a pivotal role in the construction, development of the $375 million T-Mobile Arena.

The facility, which opened in April, is a joint venture between MGM Resorts and AEG — one of the leading sports and entertainment presenters and venue operators in the world.

“Generally speaking, 2016 was a yet another dynamic year for MGM Resorts International,” said Riches, who joined the company in 2013 as senior associate general counsel and assumed his current post about two years ago.

“In terms of entertainment, T-Mobile Arena was the highlight for MGM Resorts International and the Strip, and my role entailed wearing quite a few different hats as an attorney to balance the needs of a joint venture owned by two different large corporations. It’s been an amazing experience fostering a strong partnership between MGM and AEG.”

Riches was also instrumental in negotiating the venue license agreement for the Vegas Golden Knights National Hockey League franchise to play at T-Mobile Arena, and in opening the Park Theater in Las Vegas and the National Harbor Theater in Maryland.

Also during 2016, he served as corporate legal counsel in connection with MGM Resort’s recent acquisition of Borgata in Atlantic City, and the formation and initial public offering of MGM Growth Properties, a real estate investment trust which now owns the property underlying several of MGM Resort’s casinos.

Anthony R. Segall

Partner
Rothner, Segall & Greenstone

Tony has practiced labor and employment law exclusively since 1981, and joined in founding the firm in 1992. He is a frequent speaker on public and private sector labor law, including at Stanford University, UCLA, UC Irvine, USC, the American Bar Association, the National Academy of Arbitrators, the AFL-CIO Lawyers’ Coordinating Committee and the Federation of European Screenwriters.

Tony’s publications include “The Wrong Pocket: Union Liability for Health and Safety Hazards,” 4 Industrial Relations Law Journal 390 (1981); and “Strike Zone,” Los Angeles Lawyer, Vol. 24, No. 2 (April 2001). He is a contributing editor to the California Public Sector Labor Relations and California Public Sector Employment Law treatises.

Tony’s areas of expertise include entertainment industry labor relations, construction industry labor law, and legislative advocacy and drafting. He frequently testifies before legislative committees regarding pending legislation, and has participated in the drafting of numerous public sector collective bargaining statutes, including those covering trial court employees, home health care workers, and subsidized childcare providers.

Tony is listed in Best Lawyers in America, and has been designated a “Southern California Super Lawyer” in every year since 2004. In 2012 and 2013, the Daily Journal included him on its list of top labor and employment lawyers in California. In 2007, the Hollywood Reporter named Tony to its list of Top 100 Power Lawyers. Since 2005, Tony has served as General Counsel to Writers Guild of America, West, Inc.


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