• Contacts

    T. HALE BOGGS

    Partner

    Corporate and Finance
    Capital Markets
    Venture Capital
    Chair, Manatt Digital Media
    email

    Digital Media

    New disruptive technologies emerge virtually every day. To help businesses innovate, evolve and thrive in this fast-moving environment, Manatt Digital Media offers a one-stop shop for business consulting and legal services, as well as for venture capital.

    We serve companies of every size and at every stage in their life cycle—start-up, growth, funding and mature/public—identifying prime opportunities and delivering cost-effective solutions and differentiated value.

    Click here to access the Manatt Digital Media website and blog.

    We Speak the Language

    Our team consists of entrepreneurs and professionals in media, entertainment, advertising and technology, people who speak the language of digital media and can connect you to strategic partners of all kinds, including key decision-makers, A-list artists, global brands, financiers, thought leaders and influencers.

    Differentiated Services

    We offer differentiated packages of business consulting and legal services that give you innovative, real-world business perspectives and solutions that will create opportunity and drive new ROI in this ever-changing and uncertain environment. Entrepreneurs ourselves, we also offer our own venture fund, investing in promising digital media and technology companies.

    Our services include:

    • Strategic consulting
    • Strategic partnerships and connections
    • Content monetization and IP licensing
    • Social media and branded entertainment
    • Privacy
    • Global expertise
    • Mergers and acquisitions
    • Risk mitigation and litigation

    downloadable PDF 2014 Digital Media Tombstone

    downloadable PDF 2013 Digital Media Tombstone

    downloadable PDF 2012 Digital Media Tombstone

    Areas of Focus

    Focusing on Your Success

    We don't see ourselves as simply digital media lawyers - we're digital media business advisors. Beyond helping you protect your digital assets and avoid unintended use of others' IP, we also strive to help you find new ways to generate revenues, finance your business and develop functionalities that will increase your market dominance. In short, we help your digital media business succeed.

    Content Creation and Licensing

    Our lawyers advise the full spectrum of entertainment industry participants-artists, producers, directors, writers, investors and more-in the development, production, licensing, acquisition and distribution of content across a variety of platforms, including performing the necessary due diligence and handling the drafting and negotiations necessary to bring these transactions to a successful conclusion. 

    Strategic Partnerships

    We're connected with some of the biggest names and companies in the entertainment industry, having handled everything for them from transactions and talent contracts to licensing and litigation. And we can connect you to them, too. In fact, our team has been influential in helping to create strategic and mutually beneficial partnerships between the artists we represent and a broad range of digital content creators and distributors.

    General Corporate Counsel

    Our lawyers can help you handle the business-end of digital media. We act as general corporate counsel throughout all stages of the business life cycle, from corporate formation and governance, to the development of intellectual property deployment and protection strategies, to the negotiation of licensing and distribution agreements, to the protection and enforcement of your brand and associated content.

    Financing

    We represent both providers and users of capital in the digital media space, including private equity and venture capital investors throughout the world, in negotiating complex structured credit facilities and arranging loans for specific projects.

    Branded Entertainment

    Integrating your brand into a third-party's digital content can have a big payoff, but it's a complex business that requires knowing how to structure deals that will maximize value for all parties. Manatt has years of experience sourcing, negotiating and managing branded content transactions for feature films, television, new media, music and video games. We have represented the interests of all key players-suits and creatives-including advertisers, advertising agencies, producers, major motion picture studios, television and music companies, talent agencies, talent managers and technology companies in structuring and implementing innovative integration and activation arrangements.

    Mergers & Acquisitions

    We represent both digital media companies and private equity and venture capital investors in the purchase and sale of major music, television and film libraries including assets and properties developed exclusively for digital distribution. These transactions have taken a variety of forms, including forming enterprises out of talented individuals with a common goal, establishing partnerships between established content owners and cable/satellite providers, and assisting in strategic acquisitions by tender offer or auction.

    Shifting Ad Dollars to Uncharted Territory

    As ad dollars shift from traditional media to highly targetable personalized digital platforms replete with friends, followers, votes, points, likes, tweets, codes, contests, communities and commerce, we help you navigate what is essentially uncharted legal territory. Having researched the issues, tracked the trends and developed an understanding of how government regulators are likely to react, we apply these insights to inform your business strategies and help you maximize your return on investment.

    Protecting Digital World Content With Real-World Litigation Strength

    In many ways, the world of digital media is like the Wild, Wild West when it comes to content creation, control and distribution. Despite laws in place to protect digital copyrights and distribution, both content creators and users often take an "anything goes" approach when operating in the digital space.

    In such an environment, it's essential to have a firm with a strong litigation practice. Manatt's capabilities in pre-suit negotiation, litigation and trial and appellate advocacy are exceptionally strong - particularly in the digital space - due to our extensive representation of television, radio, motion pictures, music, art and advertising clients. In fact, we're on a first-name basis with many of the major players in these industries. More importantly, our track record as litigation counsel for our entertainment and media clients is comparable to our transactional work. 

    From copyright infringement and Digital Millennium Copyright Act actions, to trademark dilution and right of publicity claims, to licensing suits and false advertising class actions, you can be confident of our lawyers' counsel - because chances are, we've already handled a case like yours.

    Attorneys & Professionals

    Email
    Name
    Office
    Phone
    Bava, Gordon M. Los Angeles 310.312.4205
    Becker, Renée E. Los Angeles 310.312.4119
    Biederman, Charles J. Los Angeles 310.312.4277
    Boggs, T. Hale Los Angeles 310.312.4269
    Brody, Jesse Los Angeles 310.312.4173
    Bromley, Jordan Los Angeles 310.312.4134
    Brown, Donald R. Los Angeles 310.312.4318
    Brunswick, Alan M. Los Angeles 310.312.4213
    Caginalp, Aydin S. New York 212.790.4610
    Chambless, Sarah Fergusson Los Angeles 310.312.4255
    Conner, Lindsay Los Angeles 310.312.4229
    Cooke, George A. New York 212.790.4538
    Csathy, Peter D. Los Angeles 310.231.5445
    Dillingham, Blase P. Los Angeles 310.312.4159
    Ermitanio, Mary Los Angeles 310.312.4170
    Goldstein, Linda A. New York 212.790.4544
    Hufschmid, Paula Los Angeles 310.312.4274
    Hummel, Chad S. Los Angeles 310.312.4197
    Kaufman, Kenneth M. Washington, D.C. 202.585.6532
    Kelly, Brian S. Los Angeles 310.312.4175
    Lessoff, David S. Los Angeles 310.312.4145
    Marks, Laurence M. Los Angeles 310.312.4154
    Mayo, Martin V. Palo Alto 650.812.1391
    Mikulka, Yuri Orange County 714.338.2722
    Newsom, Eric A. San Francisco 415.291.7418
    Orlanski, Ben D. Los Angeles 310.312.4126
    Phillips, L. Lee Los Angeles 310.312.4111
    Rexford, Michael Los Angeles 310.312.4287
    Schwartz, Scott A. Washington, D.C. 202.585.6534
    Shah, Nirav S. New York 212.790.4511
    Shin, Eunice Los Angeles 310.231.5494
    VanBrackle, Barrie Washington, D.C. 202.585.6530
    Yen, Sophia K. Los Angeles 310.312.4122

    Digital Media

    Selected Clients

    • 7Echo, Inc.
    • Adaptive Media, Inc.
    • ApplyMap Inc.
    • BBDO
    • BMG Rights Management GmbH
    • BOOM! Studios
    • CollegeTraffic
    • Consumer Brands LLC
    • Cutlass, Inc.
    • DanceOn
    • Digital Turbine
    • eParachute
    • gamigo Inc.
    • Highlight
    • I-5 Publishing, Inc.
    • If You Can
    • Junxure
    • MovieLaLa
    • New Atlantic Ventures
    • Ninja Metrics, Inc.
    • Psyop Media Company
    • RPM Ventures, LLC
    • Small Demons, Inc.
    • SmartestK12
    • Spotflux, Inc.
    • Trailerpop
    • TWEAK
    • UpTo, Inc.
    • Vadio, Inc.
    • WeBRAND
    • WineSimple, Inc.

    Digital Media

    Representative Matters

    Recent deals and engagements include the firm's representation of:

    Corporate / Financing / M&A

    • 33cube, Inc., in a Convertible Note financing. Our team is currently representing 33cube as ongoing outside counsel assisting with corporate and intellectual property matters. Formed in August of 2011, 33cube is developing a photo aggregation application to automatically organize and upload photo libraries from the user's email account to the cloud and then provide additional functionality once they are in the cloud.
    • BMG Rights Management GmbH (BMG) in several recent transactions that have aggregated over 1,000,000 copyrights in 12 months, including:
      • BMG's acquisition of R2M Music, procuring for BMG 12,000 copyrights, with 35 Top Ten hits. The transaction also encompassed the music publishing assets of former Transcontinent Musikverlag GmbH, including rights to an extensive German Schlager music catalog.
      • BMG's $300 million acquisition of Bug Music, Inc., whose renowned clientele includes the estates of Johnny Cash, Willie Dixon, Muddy Waters, Woody Guthrie and Stevie Ray Vaughan as well as some of today's top musical artists, such as Pete Townshend, Iggy Pop, Ryan Adams, Wilco, The Guess Who and Jamie Foxx.
      • BMG's acquisition of Chrysalis, a leading independent music publisher, and its extensive song catalog that includes songs by David Bowie,Michael Jackson, Cee Lo Green and Blondie.
      • BMG's acquisition of Evergreen Copyright Acquisitions LLC, and its catalog that includes songs recorded by artists such as Eric Clapton, MC Hammer, Michael Jackson and Nick Drake.
      • BMG's acquisition of Stage Three Music, a leading independent, international music publisher based in London, from its shareholders Apax Partners, Ingenious Ventures and management. 
      • BMG's acquisition of Cherry Lane Music Publishing, whose roster of songwriters included leading performers ranging from Elvis Presley to the Black Eyed Peas.
      • BMG's acquisition of the music publishing catalog of Crosstown Songs America, consisting of more than 8,000 songs.    
       
    • DIRECTV and Filmaka in all aspects of advertising, marketing and entertainment law for a new media, user-generated film competition on Filmaka's platform, sponsored and paid for by DIRECTV.
    • Estate of Michael Jackson in the negotiation for the use of name, likeness, etc. of Michael Jackson on "Planet Michael" virtual world being created by SEE.
    • Guvera, a public music streaming and download service, in negotiating and documenting its licensing and development agreements for an online music service.
    • INgrooves, a global provider of digital distribution, marketing and promotion services to the audio, video and publishing communities via its ONE Digital platform, in the following:
      • INgrooves's acquisition of Fontana Distribution from Universal Music Group. The new company, INgrooves Fontana, will combine INgrooves' asset management, distribution platform and a decade of experience in the digital world with Fontana's physical distribution and marketing capabilities.
      • A Series B Preferred Stock financing by Shamrock Capital
      • Isolation, the parent company of INgrooves, in the sale of the stock of INgrooves to Universal Music Group.
       
    • Jambo Media, LLC, which operates in the Internet advertising space, in the sale of the company to Undertone Media Corp.
    • MaxPreps, Inc., the leading online high school sports network, in its acquisition by CBS for $45 million.
    • MXPlay, Inc., an innovator in social media file sharing technologies, in its sale of assets to Smith Micro Software, a leading developer and marketer of multimedia software for the mobility market.
    • Rock City Apps, LLC,a mobile applications developer, in its Series A Preferred Stock financing by a venture capital fund. The team is currently representing Rock City Apps as trademark and corporate counsel.
    • Roth Capital Partners in connection with ZAGG Incorporated's $105 million acquisition of iFrogz from Reminderband, Inc., a mobile device accessories business specializing in lifestyle audio products and protective cases.
    • SEE Virtual World MJ,LLC in the negotiation for the use of the name, likeness, music, and signature dance moves of Michael Jackson on "Planet Michael," an online virtual world being created by SEE.Planet Michael will offer fans a first-of-its-kind interactive social experience that celebrates Michael Jackson's extraordinary life as an artist and humanitarian. Not only will gamers be able to interact with activities within the game, they will also have the opportunity to donate to social and environmental causes that were closest to the artist's heart. SEE Virtual Worlds is a member of the Los Angeles-based SEE family of companies, which have created themed entertainment for iconic franchises such as Star Trek and Titanic.
    • Small Demons, an Internet-based provider of detailed information about published novels, in its Series A Preferred Stock financing. We also represented them in connection with their incorporation and in licensing deals with major book publishers.
    • The New Normal LLC, in the negotiation of an agreement with TuneIn for the stations and programs on The New Normal internet radio network to be carried on the TuneIn mobile app.
    • Together Again Productions in the negotiation of the licensing agreements with internet content aggregators for the right to distribute a library of children's videos via internet.
    • Who What Wear, LLC,a leading fashion blog and fashion media company, in connection with all transactional matters and company and brand protection.

    Venture Capital /Private Equity Funds

    We work with top-tier venture capital and private equity firms in multiple financings across the investment stages for digital media companies.

    • Black Diamond Ventures,LLC: We have represented Black Diamond Ventures in multiple financings in the digital media area, including Consumer Brands and Mogreet.
    • Digital Capital Advisors: We have represented Digital Capital Advisors, a New York-based investment bank, in a variety of digital media investments and projects.
    • Draper Fisher Jurvetson (DFJ): We have represented DFJ in numerous digital media financings, including BetaWorks; CloudCrowd, Inc.; Ender's Fund; Enterupt; Flurry, Inc; GOTO Metrics, Inc.; Meebo; Power Ventures; Redux; Ripple Networks, Inc.; ShareThis, Inc.;Stiki Digital; TagWorld, Inc.; Tremor Media; Vadver, Inc.; Vizu;and Wigix, Inc.
    • Moelis & Company in connection with Ascent Media Corporation's $120 million sale of its content distribution business units to Encompass Digital Media.
    • New Atlantic Ventures: We have represented New Atlantic Ventures in several digital media financings, including iBiquity Digital Corporation / HD Radio; Koofers, Inc.; mPlayit; and SpotFlux.
    • Siemer Ventures in its formation of a venture capital fund that will focus on digital media investments.

    Litigation

    • Blizzard Entertainment (well known for its online game, World of Warcraft) in obtaining summary judgment in a trade secret litigation case, in which one of Blizzard's former employees brought a lawsuit against Blizzard claiming that the company had misappropriated the employee's trade secrets.
    • Musicmatch in obtaining summary judgment in a patent infringement action in the Northern District of California.
    • SBC Communications in a challenge filed with the National Advertising Division regarding AT&T's advertising for its CallVantage Internet telephone services.  
    • Ticketmaster, IAC, and Entertainment Publications, Inc., in a class-action lawsuit arising out of an Internet opt-in continuity program. We successfully defeated class certification for the bulk of the case.
    • An online service that streams TV shows and movies online in issues related to the FCC regulations that would require streamed content to include closed captioning.

    A group of investors who had purchased a 49% interest in a technology start-up company with a potentially valuable Voice-Over-Internet-Protocol patent.  Our clients sued the promoter, patent holder, CEO, and 51% shareholder for securities fraud, breach of fiduciary duty, fraud and abuse. Following extensive discovery and multiple motions, the case was settled very favorably for our investor clients, who received alarge monetary award and effective control over the company.