Recent deals and engagements include the firm's representation of:
- 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 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, CeeLo Green and Blondie.
- BMG's acquisition of Evergreen Copyright Acquisitions LLC and its catalog, which 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.
- Estate of Michael Jackson in the negotiation for the use of name, likeness, etc., of Michael Jackson on the "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' 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, but 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 it in connection with its 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 the 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.
- Blizzard Entertainment (well known for its online game, World of Warcraft) in obtaining summary judgment in a trade secret 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 (VoIP) 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 a large monetary award and effective control over the company.