LITIGATION CONSULTING HISTORY:
1. Deposition 1989
Bella Abzug, et al v. Kirk Kerkorian/MGM/UA [Retained by Plaintiff]
Credit Lyonnais v. Houlihan, Lokey, et al [Retained by Plaintiff]
Filerman, et al vs. Fox Broadcasting Co. [Retained by Plaintiff]
Fox Family Properties, Inc. v. CBS, Inc; Touchstone TV; Jerry Bruckheimer; CAA[Retained by Plaintiff]
Internal Revenue Service vs. Marian B. estate (RKO library rights, Tax Court, Washington, DC) [Retained by Plaintiff]
Joseph Murana et al vs. Bank of Montreal and Peat Marwick Thorne (Canada)
7. Expert Report, Valuation and Testimony
Litchfield Theatres, Ltd. bankruptcy court hearing (Charlotte, NC)
Mainline Pictures v. Kim Basinger [Retained by Defendant]
MCA v. Viacom (New York) [Retained by Defendant]
10. Deposition & Testimony
Michael DeWoody, et al v. Hopkins & Sutter (Ft. Worth, TX) [Retained by Plaintiff]
MTA/Persik v. MGM/UA Pictures, et al
New Visions Productions vs. Cineplex Odeon (AAA Arbitration) [Retained by Plaintiff]
Persky-Bright v. Columbia Pictures [Retained by Defendant]
Rafelson, et al. v. Columbia Pictures Industries (The Monkees) [Retained by Defendant]
15. Deposition & Testimony
Recreation Broadcasting, Inc. and KTV, Inc. vs. United Cable TV of Colo. et al (Denver, CO) [Retained by Defendant]
SelecTV v. Amway
Simon Marketing, Inc. v. Promotional Concept Group
Singer v. Danson (affidavit filed, Los Angeles) [Retained by Defendant]
Sonic Cable vs. CableAd Image (San Luis Obispo, CA) [Retained by Plaintiff]
20. Deposition & Testimony
Syufy Enterprises v. State of California [Retained by Plaintiff]
T. Rex Productions v. Whoopi Goldberg [Retained by Defendant]
Vestron v. Security Pacific [Retained by Plaintiff]
23. Testimony 1994
Copyright Arbitration Royalty Proceedings, Copyright Office, Library of Congress
24. Testimony 1996
Digital Performance Right In Sound Proceedings, Copyright Office, Library of Congress
25. Testimony 1997
Satellite Arbitration Royalty Proceedings, Copyright Office, Library of Congress
26. Deposition 1997
Schonfeld v. Hilliard [Retained by Defendant]
Standards and practices in the basic cable network industry sector as well as the value of startup basic networks in the US market. Involved the initial attempt to bring the BBC to the US market as a 24/7 basic network.
27. Deposition 1997
Wherehouse Video bankruptcy reorganization (Delaware)
28. Testimony 1998
Sheldon, et al v. Columbia Pictures, Inc. et al (CA Superior Court) [Retained by Defendant]
29. Deposition 1999
County of Alameda v. St. Michael Investments, et.al [Retained by Defendant]
Economic impact on a motion picture theater exhibitor from the taking of parking spaces by the county at a mall for highway expansion.
30. Valuation and Deposition 1999
Katzenberg v. Disney [Retained by Hill, Wynne, Troop & Meisinger on behalf of Defendant] Valuation of all intellectual property created by Disney’s Entertainment division during Jeffrey Katzenberg’s 10-year tenure.
31. Deposition 1999
Leonard Ross vs. @Radical, Levi Strauss, Foote, Cone & Belding and David LaChapelle [Retained by Defendant]
Economic impact from the streaming of the “Pool Boy” TV commercial from the Levi Strauss web site that featured a Hollywood Hills mansion as the location.
32. Deposition 1999
USA v. ASCAP (Civil Action #13095, Southern District Court of New York, rate setting proceeding) [Retained by Jay Levin of Paul, Weiss on behalf of Defendant] Standards and practices in the US cable industry and economic trends in the basic cable network industry sector.
33. Deposition 2000
Belo Holdings, Inc. and PJ Health Programming, Inc. v. AHN Holdings, Inc. and Columbia/HCA Healthcare (Dallas, TX)
34. Deposition 2000
Lipson v. New Frontier Media
35. Testimony 2000
Ticketmaster vs. N2K (California Superior Court)
36. Deposition 2000
USA v. ASCAP (rebuttal) [Retained by Defendant]
37. Declaration & Deposition 2001
Bochco vs. Fox [Retained by Plaintiff}
38. Testimony 2001
Click vs. Trimark (AAA proceeding in Los Angeles)
39. Deposition & Testimony 2001
PJ Health Programming, Inc. v. AHN Holdings, Inc. and Columbia/HCA Healthcare (Dallas)" [Retained by Plaintiff]
40. Deposition & Testimony 2001
Wex vs. TVN (Arbitration) [Retained by Plaintiff]
41. Deposition 2002
Furtherfield Partners, L.P. v. Perelman, et al. (Panavision) [Retained by Defendant]
42. Deposition 2003
Blatty/Friedkin v. Warner Bros (Exorcist)
43. Deposition & Testimony 2003
Echostar v. TV Azteca
[Retained by Jay Levin of Paul, Weiss, representing Defendant]
44. Deposition & Testimony 2003
Ivy Street Productions v. Sony Pictures, Columbia, et al. (George TV series) [Retained by Defendant]
45. Deposition & Testimony 2003
Modi v. ESPN
[Retained by Jay Levin of Paul, Weiss, representing Defendant]
(Testimony regarding international cable programming standards and practices, regional sports network economics and affiliation agreements and distribution practices in India.
46. Testimony 2004
Arclight v. Bob Yari International (AAA Arbitration)
Valuation of a missing motion picture credit.
47. Declaration 2004
Attachment to the Supplemental Comments of TV One, Federal Communications Commission, In the Matter of Notice of Inquiry on A La Carte and Themed-Tier Programming and Pricing Options for Programming Distribution on Cable Television and Direct Broadcast Satellite Systems, MB Docket No. 04-207 [Retained by the National Cable Television Association]
48. Deposition 2004
Krikorian v. Westminster
Valuation of a movie theater in Redlands, CA that was not built as a result of a breach of contract. [Retained by Plaintiff]
49. Deposition 2004
Logix v. Emerald Entertainment
50. Deposition & Testimony 2004
Promark Sports v. Gateway Computers (San Diego, CA) [Retained by Defendant]
51. Expert Report & Deposition 2004
USA v. ASCAP
Retained by Jay Levin of Paul Weiss on behalf of the Defendants
(Description: Provided expert testimony on local television broadcasting industry economics trends and practices in support of a performing rights organization in rate setting proceeding involving music.)
52. Deposition 2005
Medical Illustrators v. Advanstar
Retained by Greenberg Traurig on behalf of Defendants.
Magazine industry standards and practices, magazine industry economics and issues related to the re-use of medical illustrations in international editions of a medical journal published by Advanstar.
53. Deposition & Testimony 2005
Wolf v. Walt Disney Enterprises (Los Angeles, CA)
54. Deposition 2006
Intertainer v. Movielink [Retained by Plaintiff]
55. Testimony 2006
Krikorian v. Westminster (Riverside County, CA) [Retained by Plaintiff]
56. Declaration 2008
Film Musician’s Secondary Market Fund v. Nu Image, Inc. et al (Damages)[Retained by Plaintiff]
57. Declaration 2008
In Support of Comments of the National Cable & Telecommunications Association, In the Matter of Leased Commercial Access, Federal Communications Commission, MB Docket No. 07-42 [retained by NCTA]
58. Testimony 2008
Dick Wolf v. NBC Universal
[Retained by John Lavely of Lavely & Singer, representing Plaintiff]
(Description: Analysis of the economics of license fees paid by USA Network to NBC Universal for Law & Order: Special Victims Unit and Law & Order: Criminal Intent when both buyer and seller were under common ownership.)
59. Declaration & Deposition 2009
Universal Studios LLP, et al. v. RealNetworks Inc., et al [representing Defendant] Industry standards and practices related to DVD copy protection schemes and consumer trends in downloading file ripping and file sharing software and services.
60. Testimony 2009
North American Residential Communities, Inc. v. Woods et al California Superior Court, San Bernardino County [representing Defendant]
(Description: The ability of the mobile phone network to imbed time stamp data in the metadata of mobile phone photographs and the reliability of the time stamping system.]
61. Declaration & Deposition 2009
Herring Broadcasting, Inc. v. Comcast Corp, Federal Communications Commission, MB Docket No. 08-214, Fil61. e No. CSR-7907-P [representing Defendant] (Description: Plaintiff claimed Defendants had prevented carriage of their network in favor of a “substantially similar” cable network owned by Defendants. Presented extensive programming analysis that refuted the claim and also offered testimony on cable industry and television industry standards and practices).
62. Declaration, Deposition & Testimony 2009
NFL Enterprises LLC v. Comcast Cable Communications, LLC, Federal Communications Commission, MB Docket No. 08-214 File No. CSR-7876-P [Retained by Davis, Polk, representing Defendant]
(Description: Plaintiff claimed Defendants had prevented carriage of their network in favor of a “substantially similar” cable network owned by Defendants. Presented extensive programming analysis that refuted the claim and also offered testimony on cable industry and television industry standards and practices).
63. Declaration, Deposition & Testimony 2009
TCR Sports Broadcasting Holding, LLP, dba Mid/Atlantic Sports Network vs. Comcast Corporation, Federal Communications Commission, MB Docket No. 08-214, File No. CSR-8001-P[representing Defendant
(Description: Plaintiff claimed Comcast unreasonably denied carriage of MASN in favor of their own regional sports network. Presented consumer survey and marketing data showing minimal interest in the Tri-Cities territory for Washington Nationals baseball team, along with other TV programming standards and practices issues.)
64. Declaration & Deposition 2009
Alejandro Eduardo Gongora vs. Editorial Caballero, S.A. de C.V.; Grupo Siete International, Inc.; and Playboy Enterprises, Inc. [representing Plaintiff]
(Description: Testimony and analysis regarding appropriate valuation methodologies for publishing assets in the US and international markets.)
65. Confidential Report, Deposition & Testimony 2009
In Re Application of Mobitv, Inc., Related to USA v. American Society of Composers, Authors and Publishers (ASCAP)
[Retained by Ken Steinthal at Weil, Gotschal, representing Plaintiff]
(Description: Cable programming industry standards and practices, matters related to affiliation agreements and programming and viewing mix on MobiTV channels).
66. Confidential Report 2010
Dr. Joseph Nicolosi v. Donelle Dadigan et al
[Retained by Joseph Gentleman, representing Plaintiff]
(Description: Valuation of lost publicity).
67. Confidential Report & Deposition 2010
In Re. Application of Cellco Partnership dba Verizon Wireless v. American Society of Composers, Authors and Publishers (ASCAP)
[Retained by Bruce Joseph at Wiley, Rein, representing Plaintiff]
(Description: Cable programming industry standards and practices, matters related to affiliation agreements and programming and viewing mix on Verizon Wireless video offerings).
68. Expert Report & Deposition 2010
Aryana Farshad v. Point 360 et al
[Superior Court of California, County of Los Angeles, Case: BC387533]
[Retained by P.K. Schriefer LLP, representing Defendant]
(Description: Valuation of lost footage from Iran documentary).
69. Expert Report 2010
Air Communications, et al v. EchoStar Satellite Corporation, et al
[District Court Arapahoe County, State of Colorado, Case: 00CV3130]
[Retained by Hill & Robbins, PC, representing Plaintiff]
(Description: Satellite industry history, standards and practices, analysis of EchoStar and DISH Network economics, industry marketing practices and sales/installation commission structures).
70. Confidential Consulting 2011
Genuine Entertainment, Inc. dba The Idea Factory v. Steven Seagal; Steamroller
Productions, ICM and A&E Television Network,
[CA Superior Court, County of Los Angeles, BC420404]
[Retained by Johnson & Johnson LLP, representing Plaintiff]
(Description: Valuation of potential backend rights to a TV series).
71. Consulting & Custom Survey 2011
Woodson & Rummerfield’s House of Design, Inc. v. Lisa Beaulieu (aka Lisa Marie Presley) [AAA Case No. 72 529 Y 00894 09 JISI]
Retained by Jeffer Mangels Butler & Mitchell LLP, representing Defendant]
(Description: Valuation of lost publicity exposure in national and international publications as well as marketing and publicity practices in the interior design industry).
72. Expert Report 2011
MARVEL CHARACTERS, INC. v. Sony Pictures Entertainment, Inc., Columbia Pictures Industries, Inc., SPE Spider-Man GP Inc., Sony Pictures Consumer Products, Inc., Sony Electronics, Inc. and Sony Computer Entertainment America, Inc. [JAMS Case #142500171]
[Retained by Sheppard, Mullin, Century City, CA, representing Defendant]
(Description: Cable television industry standards and practices, issues related to premium television windowing and output deals).
73. Deposition & Trial Testimony 2011
Charles Brooke Temple III v. Venture Technologies Group, LLC
(Superior Court of CA, County of Los Angeles, Case No. BC442288)
[Retained by Law Offices of Michael Berk, Beverly Hills, CA, representing Plaintiff]
(Description: Television broadcasting industry standards and practices, matters related to transition from analog to digital transmission and issues related specifically to LPTV stations).
74. Expert Report 2011
Sandra Booker v. The Regents of the University of California, et al
Superior Court of the State of California, County of Los Angeles, Central District, Case Number: BC 434900
[Retained by Rand Carstens, Lewis Brisbois Bisgaard & Smith LLP, representing Defendant]
(Description: Valuation of intellectual property—music compositions, greeting card designs, photographs and music recordings—irretrievably lost from a computer hard drive by the UCLA campus bookstore technicians.
75. Deposition 2011, Testimony 2012
PM&J Productions, Inc. v. U-Haul Co. of Florida
(Circuit Court of the 11th Judicial Circuit in and For Miami-Dade County, Florida. General Jurisdiction Division, Civil Action. No 06-04981-CA-13)
[Retained by Bill Custer, Bryan Cave, Atlanta, GA, representing Defendant]
(Description: Recording and music industry standards and practices and value of lost classical piano recordings. Testified to the nature of copyrights and the value of content with and without talent licenses).
76. Expert Report 2011, Rebuttal Report 2012, Deposition 2012
WPIX, et al v. Broadcast Music Inc. (BMI)
(United States District Court, Southern District of New York, 09 Civ. 10366, Related to United States v. Broadcast Music, Inc., 64 Civ. 3787)
[Retained by Linda Dakin-Grimm, Milbank, representing Defendant]
(Description: Testimony regarding broadcasting industry customs and practices, television broadcasting viewing and economic trends and new media revenues in a rate-setting proceeding for a music performing rights organization).
77. Expert Report 2012, Deposition 2012
CBS et al v. Filmon.com Inc.
US District Court, Southern District of New York, Case No. 1:1 0-cv-7532-NRB
[Retained by Toby Butterfield, Frankfurt Kurnit Klein & Selz PC, representing Defendant]
(Description: Testimony regarding standards and practices in the cable and broadcasting industry related to retransmission of over-the-air television signals and a rebuttal damage model related to Filmon’s alleged infringement).
78. Expert Rebuttal Report 2012, Deposition 2012
Spanski Enterprises, Inc. v. Telewizja Polska, S.A.
US District Court, Southern District of New York, Case No.: 10-4933 (ALC)
[Retained by John Piskora, Loeb & Loeb, representing Plaintiff]
(Description: Assisted the firm of Anchin, Block & Anchin LLP in developing a damage model and report in the case and was then retained to write a rebuttal report to defendant’s expert reports. Rebuttal expert analysis on the proper methodology for evaluating Polish language premium channels marketed in the US and Canada, as well as programming practices and strategies for premium services in the US).
79. Expert Testimony 2012
Steven Holder v. Roger Howe, Scott Linton, William Lund, Ryan How, Mark Davis, The Sonora Web, West Texas New Mexico Films, et al
Superior Court For the State of California, County of Los Angeles – Central District
Case No. BC445145 Judge” Ruth Ann Kwan
[Retained by Timothy Shields of George & Shields, representing Plaintiff]
(Description: Valuation of the movie, West Texas Children’s Story, at specific points in time and changes in the global movie marketplace between 2007 and 2009. Also testified to motion picture industry customs and practices related to production, pre-sales of rights and global distribution.)
80. Expert Report and Deposition 2012
Starz Entertainment, LLC vs. Dish Network LLC
District Court, Douglas County, Colorado. Case #: 2011-cv-1165
[Retained by Michael Kump, Kinsella Wietzman Iser Kump & Aldisert on behalf of the Plaintiffs]
(Description: Detailed analysis of the history of pay television promotions and marketing in the US, industry and industry standards and practices in light of Dish Network’s decision to give virtually its entire subscriber base a year long free preview of the Starz premium service, as well as the implications of Dish’s actions.]
81. Damage Analysis and Deposition 2012
UMG Recordings, Inc. vs. NBC Universal, Inc., Vivendi Universal Entertainment LLP, et all Superior Court of the State of California, County of Los Angeles, Case No. SC106213
[Retained by Steve Marenberg and Moez Kaba, Irell & Manella, Century City, CA on behalf of Plaintiffs
(Description: Damage analysis and valuation of the music-related assets—including more than 150,000 master tapes—lost in the 2008 fire in the vault on the Universal Studios lot.
82. Expert Report 2012, Deposition 2013 and Rebuttal Report 2013
In Re NCAA Student-Athlete Name & Likeness Licensing Litigation
United States District Court, Northern District of California
Case No. 4:09-cv-1967 CW (NC)
[Retained by Bruce Wecker and Jon King of Hausfeld LLP, San Francisco, CA on behalf of class action Plaintiffs].
(Description: Provide expert analysis of television ratings and economics for NCAA football and basketball telecasts of both live and archive games and to also provide industry standards, practices and terminology in the television broadcasting and basic network sectors.
83. Expert Report and Deposition 2012
Tracy Ann Harrison vs. Richard Kevin Harrison, et al
District Court, Family Division, Clark County, NV Case No. D-11-4401666-D,
[Retained by James Kwon of James Kwon Law LLP on behalf of Plaintiff]
(Description: Valuation of future potential earnings of Rick Harrison, the central character in the hit History Channel series Pawn Stars).
84. Expert Consulting and Valuation 2012
Ron Raffaelli v. Getty Images Inc et al
[Retained by Sherli Shamtoub of Schwarcz, Rimberg, Boyd & Rader Law LLP on behalf of Plaintiff]. (Analysis of the potential value of limited editions and licensing sales of over 400 images taken by Ron Raffaelli of early rock era superstars, such as Jimi Hendrix, The Rollling Stones and others).
85. Expert Report and Rebuttal Report 2012, Delaware Court Testimony 2013
Huff Fund Investment Partnership dba Musashi II Ltd. and Bryan E. Bloom v. CKx Inc. [Retained by Gary Carney of Paul Weiss on behalf of Defendant].
(Analysis of the reasonableness of a long-term cash flow growth rates used in the valuation of American Idol and other CKx assets, along with TV industry history, economics and programming standards and practices).
86. Expert Report 2013
Trustees of the Directors Guild of America-Producer Pension Plans and Trustees of The Directors Guild of America-Producer Health Plan vs. Nu Image, Inc. and Millennium Films, Inc. United States District Court, Central District of California, Western Division, Case No. CV12-4439 SVW (PJWx) [Retained by David Adelstein of Bush Gottlieb Singer López Kohanski Adelstein & Dickinson on behalf of Plaintiffs] (Allocation analysis of rights presales for independent motion pictures in international territories).
87. Expert Report and Expert Testimony 2013
Goodness Films, LLC; Herbert Hudson, Paul Goldsby and Kennedy Goldsby vs. TV One LLC, Miguel A. Nunez, Jr. and Edwin B. “Ed” Weinberger.
United States District Court, Central District of California, Case No.: CV 12-08688-GW (JEMx) [Retained by A. Raymond Hamrick of Hamrick & Evans on behalf of Plaintiffs] (Valuation of the potential of a made-for-cable TV sitcom and data on the survival rate of TV series).
88. Expert and Rebuttal Report, 2013
In the Matter of Certain TV Programs, Literary Works for TV Production and Episode Guides Pertaining to Same International Trade Commission, Cause No. 337-TA-886 [Retained by Jeffrey Kravitz of Fox Rothchild on behalf of Defendants]
(Standards and Practices in the television programming industry related to the creation, acquisition and monetization of original episodic TV series).
89. Expert Report, 2014
Operation:Heroes, Ltd. vs. Procter & Gamble Productions, Inc. and Telenext Media, Inc. US District Court, District of Nevada, Civil No. 2:12-cv-00214-LRH-GWF
[Retained by Michael P. Verna and Nathaniel B. Duncan of Bowles & Verna LLP on behalf of Plaintiffs] (Lost profits calculation for a new awards show franchise that was to have aired on CBS. Included analysis of broadcast network ratings, CPMs, event ticket sales, sponsorship revenue and e-mail campaign conversion rates).