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.
- 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.