JD Journal » video games

Executors of Michael Jackson’s Estate Can Stop Paying Legal Expenses Out of Own Pockets

rebneely — Tue, 20 Dec 2011 01:20:27 +0000

The executors of Michael Jackson’s estate can now save a few bucks.

Following a judge’s approval of changes today to the late icon’s estate that’s reportedly earned hundreds of millions of dollars since his death, the executors can stop paying certain legal expenses and other costs out of their own pockets.

The changes were approved by Superior Court Judge Mitchell Beckloff. This means attorney John Branca and music executive John McClain will no longer have to pay costs from their share of the estate.

The pair had been paying fees for entertainment legal counsel provided by members of Branca’s firm. As well, McClain had been incurring expenses for using a recording studio founded by Marvin Gaye.

Those expenses greatly reduced their ten percent share of Jackson’s post-death earnings.

Branca and McClain have been collecting closer to 7 percent of the estate earnings since it became a “massive entertainment business enterprise,” court filings state.

Estate attorneys sought the change. Why? Because they spend much more time than they before realized they would on Jackson’s affairs.

Clearly, even in death, the pop star doesn’t rest.

The men have managed a number of Jackson-themed projects. This includes the licensing of music, video games and a touring Cirque du Soleil show that will eventually become a Las Vegas fixture.

In February 2010, the men agreed they would accept 10 percent of the gross entertainment-related earnings of the estate, minus money generated by Jackson’s 50 percent interest in the Sony-ATV music catalog and earnings from “This Is It,” a film compiled from the singer’s final rehearsals.

The exclusions are enormous revenue generators for the estate. The Sony-ATV catalog includes publishing rights to music by The Beatles, Elvis Presley, Bob Dylan and other stars. As well, the executors have also been excluded an interest in Jackson’s music; sales have been up since his death in June 2009. Since that time, the estate has earned a whopping Z$310 million.

The percentage covers Branca’s work on the estate and McClain’s producing services.

Following the approval today, Branca’s firm Ziffren Brittenham LLP will, going forward, receive 3 percent of entertainment-related income generated by Jackson’s estate in 2011 and future years.

Estate attorney Howard Weitzman said the firm was performing work that would cost more than $2 million a year if it was being handled by another firm, and court filings state that a traditional entertainment estate would include additional managers and attorneys who would receive up to 30 percent of the estate’s overall revenue.

Marvin’s Room was so named by McClain following his purchase and restoration of Gaye’s former Los Angeles studio in 1997. No estimate was given for how much McClain’s billings could possibly be. Jackson, as well as other prominent singers, have recorded there.

Beneficiaries of Jackson’s estate include the pop star’s mother, Katherine, as well as the singer’s three children, Prince, Paris and Blanket. Each received an initial $30 million payment earlier this year.

Attorneys for Katherine Jackson and the children did not object to any of the changes approved by Beckloff.

Morning Roundup

sara — Wed, 10 Mar 2010 13:02:43 +0000

Good morning everyone! Today is Wednesday, March 10, and here’s a quick look back at yesterday’s news…

Akerman Senterfitt opens a Las Vegas office…

Arent Fox names Mark Katz it’s new chairman…

The Massachusetts Bar Association will honor Fish & Richardson for their pro bono work…

Greenberg Traurig defends their firing of an alleged thief…

K&L Gates bolsters it’s London practice with a pair of partners…

Dewey & LeBoeuf lay off 30 staffers…

Loeb & Loeb create a new video game practice…

Loeb & Loeb Creates New Video Game Practice

sara — Wed, 10 Mar 2010 05:24:06 +0000

Loeb & Loeb has created a new practice focusing on the digitalization of video games. The firm has tapped Daniel O’Connell Offner, the former national chairman of the intellectual property transactions practice group at Nixon Peabody, to run the new practice. The new practice will focus specifically on such matters as “the transformation of video games to digital media, such as IPods and telephones” and video game funding according to Mickey Mayerson, co-chairman of Loeb & Loeb’s corporate media & entertainment group.

Loeb & Loeb is a national law firm with over 300 attorneys. The firm has offices in Los Angeles, New York, Chicago, Nashville and Washington, D.C.

California Court Strikes Down Ban On Video Game Sales

Erik Even — Tue, 24 Feb 2009 03:19:40 +0000

The 9th U.S. Circuit Court of Appeals ruled on Friday against a 2005 California law that aimed to ban the sale or rental of violent video games to minors. The court ruled that the law violates the rights of minors under the First and 14th amendments of the Constitution. The ruling upheld an earlier ruling in a U.S. District Court.

Much of the reasoning behind the law was based on studies that claimed minors exposed to violent video games were more likely to engage in aggressive or anti-social behavior and would be more desensitized to violence. The Justices hearing the case dismissed that research.

“None of the research establishes or suggests a causal link between minors playing violent video games and actual psychological or neurological harm, and inferences to that effect would not be reasonable,” said Justice Consuelo Callahan in her ruling.

The law has never taken effect, as it was struck down by a U.S. District Court shortly after being signed into law. A spokeswoman for Governor Schwarzenegger, Camille Anderson, said he was reviewing the ruling of the court.

“The governor believes strongly we have a responsibility to our children and our communities to protect against the effects of video games depicting ultra-violent actions,” she said.

Law School to Hold Open House in Second Life

Erik Even — Thu, 22 Jan 2009 17:44:35 +0000

Santa Clara University School of Law is holding an open house in the virtual world of Second Life today.

Visitors to Second Life, an Internet-based universe where users create characters and interact in virtual, user-created locations, will travel virtually to Santa Clara Island to see the school.

The event is designed to attract potential students and emphasize the law school’s close ties with the technology industry in the Silicon Valley area of California.

Hosting the two-hour event, that begins at 6 pm PST, time is Jeanette Leach, dean of admissions. She will attend as her own self-created avatar, Penny Canucci. Second Life residents can tour the school and see a video of Dean Donald Polden as himself, not an avatar. Visitors also can ask admissions staff questions and get information about applying to the school.

Second Life was created in 2003, and enables its “residents” to socialize, and to buy and sell virtual property for real cash as avatars.

Second Life. Also this.

Interactive Media & Video Game Law Practices Expand

Erik Even — Wed, 21 Jan 2009 21:18:27 +0000

Lawyers now seek a piece of the multi-billion dollar a year interactive media and video game industry. In a growing trend, intellectual property law firms have begun to expand their expertise to cash in on the growing number of video game developers, publishers, and other interactive media clients.

One innovative example includes Stubbs Alderton & Markiles LLP, a Los Angeles-based law firm traditionally known for its focus in business securities and intellectual property practice areas.

The firm plans to expand their video game and interactive media practice with the re-hire of Steve Goldstein as a member of the Senior Counsel team at the firm.

Goldstein has worked with the Firm in the past and spent the last three years at Flagship Studios as Director of Business Development and General Counsel. Before, joining Flagship, he worked at the Firm and represented various independent video game publishers and developers, firm studios, and technology companies.

For the month of November, sales in the video game market over all – which includes software, hardware and accessories – rose 10% in November as compared with a year ago. In October, the increase was 18 percent.

That said, hardware sales grew 10 percent in November, as compared with 5 percent in October. The big winner driving the industry growth is Nintendo Wii. It sold 2 million units in November. Microsoft sold 836,000 Xbox 360s, while Sony sold 378,000 units of PlayStation 3.

However, the latest numbers from December suggests a slow down in the video game market, which industry executives and analysts had characterized as relatively recession-proof.

Law Firms Focus on Video Game Industry

Erik Even — Fri, 02 Jan 2009 23:06:23 +0000

In the Los Angeles Times, a feature on law firms creating specialized practices for the video games industry:

A year ago, newly minted lawyer Shawn Foust approached a senior partner at his Century City firm with an idea: dedicate an entire practice to the video game industry.

Today, the 26-year-old coordinates a team of 20 lawyers at Sheppard, Mullin, Richter & Hampton that tackles mergers, licensing contracts and other deals that help make the burgeoning game business hum.

“I’m pursuing my lifelong dream of combining the two things I love — games and law,” Foust said.

Another firm with a specialty game practice is Greenberg Glusker Fields Claman & Machtinger.

Lawyers in these groups are often gamers, who are familiar with the industry and its products.

The video game industry faces unique legal issues, such as the place of so-called “postmortems” in contract disputes.

Read the whole article. And if you’re interested in games law, I recommend GamePolitics.

Teen’s Defense: Video Games Made Him Kill His Mom

Erik Even — Thu, 18 Dec 2008 22:27:10 +0000

A 17-year-old boy is on trial in an Ohio courtroom for matricide, allegedly shooting and killing his mother and wounding his father after they banned him from playing the first-person shooter video game Halo 3.

From The Cleveland Plain Dealer:

In September 2007, Daniel [Petric], then 16, had sneaked out of his bedroom window to purchase the game at a store against his father’s orders. When he returned home, his parents caught him with the game and took it from him. His father, Mark, a minister at New Life Assembly of God in Wellington, put the game in a lockbox in a closet where he also kept a 9mm handgun, according to prosecutors.

About a month later, on Oct. 20, 2007, Daniel used his father’s key to open the lockbox and remove the gun and the game. The boy shot his parents, killing his mother and gravely wounding his father. As his father lay wounded, Daniel tried to place the gun in his father’s hand.

Defense attorneys are basing Daniel Petric’s defense on video game addiction:

Holly Petric, Daniel’s… sister, said her brother became obsessed with video games because of a back injury which led to a staph infection that limited his physical activity. Daniel’s other family members have also testified that the infection was so severe that any extreme physical activity could have caused his spine to snap, leaving him paralyzed….

“He’d just play (video games) nonstop whenever he could,” Holly Petric said….

[Daniel's friend] Jon [Johnson] said that while he liked video games, Daniel was addicted, even going so far as to push his friends to play the games when they wanted to do something else.

The case is expected to wrap up today. The Cleveland Plain Dealer has additional coverage.:

Petric’s attorney argued this morning that his client should be found not guilty by reason of insanity in part because the 17-year-old was obsessed with the video game.

Attorney James Kersey said Daniel, who is being tried as an adult, went looking for the sci-fi video game, not his father’s 9mm handgun.

Via GamePolitics.

Blagojevich’s Troubles Deepen [Update]

Erik Even — Thu, 11 Dec 2008 00:54:28 +0000

Today in Rod Blagojevich news:

The Washington Post reports that the mysterious “senate candidate” that Blagojevich is recorded on tape saying offered $500,000 in campaign funds to the governor in exchange for Barack Obama’s senate seat, may be none other than Illinois representative Jesse Jackson Jr.

In a press conference late today, Jackson said, “I reject and denounce pay-to-play politics and have no involvement whatsoever in any wrongdoing. … I did not initiate or authorize anyone at any time to promise anything to Governor Blagojevich on my behalf. I never sent a message or an emissary.”

The National Law Journal says that over the course of the five-year probe that led to Blagojevich’s arrest this past Sunday, the governor was defended by a high-powered criminal defense attorney from Chicago’s Winston & Strawn.

But when Blagojevich showed up in court this week, he was represented by an old friend from a little-known Chicago criminal defense firm. Attorney Sheldon Sorosky of Kaplan & Sorosky represented Blagojevich during the federal court bond hearing.

Sorosky was probably a stand-in to give the governor more time to choose counsel with more resources, other attorneys said. Better-known Chicago defense attorneys Michael Monico and Terry Gillespie were both mentioned as possibilities. The governor’s chief of staff, John Harris, was also charged in the complaint. He has hired Terry Ekl, a prominent suburban litigator with Lisle, Ill.-based Ekl Williams.

UPDATE:

Douglas E. Schoen at Forbes.com suggests what some have already been saying — that Blagojevich didn’t do anything that doesn’t go on all the time, political “horse trading.”

Yes, the wiretaps reveal clear and unambiguous evidence that Blagojevich hoped to get something in exchange for the appointment. But this kind of horse trading, in my experience, goes on all the time. It usually isn’t articulated as bluntly as it apparently was here, though–and there usually aren’t as many wiretaps marshaled as evidence.

Dennis McCauley at GamePolitics points out the “delicious irony.” Blagejovich was a vocal critic of the video game series Grand Theft Auto, which features criminal acts and profanity. He tried to pass a state law banning sales of “violent” video games to minors.

…in a yummy twist of fate, U.S. District Court Judge Matthew Kennelly, who ruled in 2005 that Blagojevich’s video game law was unconstitutional, was one of two federal judges who authorized recent FBI wiretaps that led to Blagojevich’s downfall.

Now that Blagejovich has been exposed as a key proponent of criminal acts and profanity, we can ask him who’s more responsible for scholl shootings — video game creators or corrupt politicians.

Keep watching this space for further developments.