Principals Ron Nessim and Julia Cherlow authored the “Profit Participation Claims” chapter in the recently published 2023-2024 edition of Entertainment Law & Litigation for LexisNexis.
As “top lawyers in the field,” Mr. Nessim and Ms. Cherlow provide a comprehensive guide for talent, investors, production companies, and packaging agents (“profit participants”) to navigate legal disputes involving their profit participation, or contingent compensation. This includes a “soup to nuts” primer on how to litigate a profit participation claim, from audit through appeal. The chapter also grapples with new issues in this space, including how to address concerns over the impact of the rise of in-house streaming services and the shift to simultaneous release of films upon multiple platforms (theatrical, home video, and other) in response to changes in movie theater attendance caused by the COVID-19 pandemic.
Mr. Nessim previously contributed to the prior editions of Entertainment Law & Litigation. Ms. Cherlow has significantly impacted the entertainment law practice and offers her successful experience in this edition.
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Bird Marella has been a leading authority in profit participation litigation, arbitration, and entertainment law for decades, prevailing against Hollywood’s most prominent studios. Read more from the firm’s accomplished team below:
Mr. Nessim and his 2015 article for the UCLA Entertainment Law Review, Mandatory Arbitration Provisions Involving Talent and Studios and Proposed Areas for Improvement, were credited as the source underpinning a Ninth Circuit ruling that may significantly impact future entertainment and other arbitration disputes. Mr. Nessim and Ms. Cherlow also published a second article in the UCLA Entertainment Law Review, The Application of the Sales Comparison Affiliate Transaction Provision to New, In-House Streaming Transactions Involving Historical Television Programs, and Their Impact on Profit Participants.
Five Things to Consider Before Bringing a Profits or Other Claim Against a Major Studio by Ron Nessim
Is the curtain closing on TV profit participation litigation? by John Berlinski and Kimberly Meyer