Arbitration

  • Posted By:
  • Posted In: Arbitration
  • July 11, 2011
  • Comments Off on Arbitration

Ms. Berry is a member of the World Intellectual Property Organization, American Arbitration Association (AAA) Los Angeles, New York and Boston Commercial Panels; the AAA/Federal Communications Panel; the Independent Film and Television Alliance (formerly known as the American Film Marketing Association (AFMA)) arbitration panel, and is a member of ABA Committee on Alternative Dispute Resolution in the entertainment industry.

Having walked in the shoes of both the business executive and the in-house media attorney, Ms. Berry is uniquely able to provide valuable arbitration services. She has successfully arbitrated complex matters with individual party claims of over $30 million.

Whether chosen as a solo arbitrator or as a member of an arbitration panel, Ms. Berry:

  • Renders final and binding decisions to end disputes arising from production, distribution or licensing contracts.
  • Enforces the flexible nature of arbitration by working with the parties to clarify the scope of issues to be resolved and the type of relief to be awarded.
  • Conducts arbitrations which originate either as a result of provisions in existing contracts or arbitration agreements created by the parties at the time of the dispute.
  • Independent television producer and cable network, over program distribution and claims of unmet first-refusal provisions.

Representative Matters:

  • Fees in a literary agency agreement where author contended that agency did not meet industry-minimum standards.
  • Fees for a known television personality arising from AFTRA Regulations Governing Agents collective bargaining agreement.
  • Various musical group tours where performance dates had to be cancelled due to performer’s illness.
  • Trademark and copyright licensing agreements which included the right to use and sublicense characters.
  • Fees arising out radio network’s music license agreements for individual stations.
  • Action brought by a major production company asserting unfair dealing and fraud in video distribution by top-ten video distributor.
  • Contract between manager and musical performance group over management services.
  • Film development agreement where investor held that producer did not shop the property pursuant to the contract terms.
  • A television syndication company and a production company, over syndication licenses and fees collected.
  • Licensing of theatrical rights to a producer for development and out of town performances prior to bringing a show to Broadway.
  • Joint venture partner bringing action against successor in interest of a bankrupt internet music distribution company.
  • Several infomercial agreements between production companies and product owners or advertising agencies on questions of production standards and appropriate deliverables.

- admin