|Wednesday, October 3
3:15 PM - 4:30 PM
Financing Globally - Part II - Film & TV - From Tax Incentives & Co-Productions to Sponsorship
In this, Part II of the Global Financing session, we will focus on the more specific trends and opportunities in film and TV financing from the country specific tax incentive programs and co-productions, the traditional pre-sale financing strategies to newer concepts such as sponsored financing. With the ever changing governmental programs relating to entertainment financing, it is common practice to work through lawyers and financing intermediaries, foreign production companies looking for partners, banks as well as the foreign governments, agencies and commerce departments in helping to facilitate the process. Within the area of international pre-sales, we will explore the role of national broadcasters, the traditional territorial buyer, foreign sales agent as well as producers representative and agent. And finally, we will take a look at the role of sponsorship in film and TV, from product placement, TV program development as well as the BMW-style film promotion/production of recent success.
Peter Dekom, Esq.
Clark Siegel, Partner, Irell & Manella LLP
Stephen L. Saltzman, Partner, Entertainment Practice Group, Akin, Gump, Strauss, Hauer & Feld, L.L.P.
Robert Jesuele, Partner, Coudert Brothers
Stephen Christopher Liu, President, Creative Interplay, Moderator
Additional speakers to be announced
Peter J. Dekom, Esq. (American Cinematheque Co-Chairman): Peter J. Dekom, Esq. has been involved with the American Cinematheque since 1987. Dekom was formerly a partner in the Los Angeles law firm of Bloom, Dekom, Hergott and Cook, whose client base included such Hollywood notables as John Travolta, Ron Howard, Rob Reiner, Andy Davis, Jerry Bruckheimer, Robert Townsend and Larry Gordon among many others. Dekom and his former partner Jacob Bloom have been listed in Forbes among the top 100 lawyers in the United States and in Premiere as one of the 50 most powerful people in Hollywood. Mr. Dekom is currently an entrepreneur with projects in Asia and the US in various areas of entertainment.
Stephen Christopher Liu is the Co-Founder/President of Reelplay, the leading B2B digital marketplace and ASP e-business solution provider for the worldwide film and television distribution industry. Reelplay is backed a number of Silicon Valley and Hollywood heavyweights, including SOFTBANK Venture Capital, WaterView Advisors run by Frank Biondi, Jr. (former chief executive at Viacom, Universal Studios and HBO), CEO Pehong Chen of Broadvision, former EVP Universal Studios Howard Weitzman, CEO Dominic Orr of Alteon Web Systems and the Wellspring/Idealflow Fund. Named by Forbes Magazine in July 2000 as one of the top 200 B2B companies in the world, Reelplay is building a global trading platform for the worlds producers, distributors and buyers of visual content. The company recently inked a deal to design, build and host a Private e-Marketplace with 20th Century Fox International Television Distribution. Thus far, Reelplay has aggregated listings, synopses, stills, credits, key art, trailers from 2,201 selling companies representing 13,260 titles dating back to the last 13 major industry markets and festivals. Reelplays industry membership has grown to 25,000 professionals from over 30 countries worldwide. The company's vision is to create a frictionless B2B digital marketplace for the buying and selling of feature films, television programming and interactive content. For Liu, Reelplay naturally culminates a ten-year career in business, entertainment and community building -- a career focused on creating enterprises that make a difference, and helping organizations and individuals maximize their potential. Named by Transpacific Magazine as one of the "Top 40 Professionals in the U.S. to Watch," Liu started out his career as a commercial banker at Wells Fargo Bank, where was an Assistant Vice President in the Premier Banking Group and responsible for managing a $60 million portfolio of prime commercial clients and high-net-worth individuals. Serving as President and Executive Director from 1993 to 1997, Liu lead the organization from a concept on a napkin to one of the largest Asian American community service and professional development organizations in United States, now with close to 1000 members. In his current role as Chairman of the Board, Liu serves as the key advisor, mentor and strategist to the APEX Board of Directors. In addition, Liu finds time to serve on various boards and committees of local community and entertainment organizations, including the LA Asian Pacific Film & Video Festival, Junior Achievement, East West Players, Loyola Marymount MBA in Media/Entertainment. Most recently, Liu was recognized by the Boys Scouts of America in Los Angeles as a "Citizen of the Year". Liu is also a member of Golden Gate University MBA Adjunct Faculty, where he recently taught an executive level marketing course in China. Liu holds an MBA from the Marshall School at the University of Southern California.
Stephen L. Saltzman is a partner in the entertainment practice group of Akin, Gump, Strauss, Hauer & Feld, L.L.P. in Los Angeles. Mr. Saltzman received his B.S. magna cum laude in Spanish and German in 1982 from Georgetown University, where he was elected to Phi Beta Kappa. He also studied international relations, German and Spanish literature at the Universität Konstanz in Germany. He received his J.D. from Columbia Law School in 1986, concentrating in international law, and was a Harlan Fiske Stone Scholar. Mr. Saltzman was a law clerk to the Honorable Harry L. Hupp, U.S. District Court, Central District of California, Los Angeles (1986-1987); staff assistant at the American Consulate General in Frankfurt, Germany (1982); and staff assistant to Senator Bill Bradley (D-NJ) (1982). Mr. Saltzman has broad experience in domestic and international transactions in the entertainment industry. Fluent in both German and Spanish, Mr. Saltzman represents U.S., European and Asian producers, production companies, studios, distribution companies, broadcasters, banks, film funds and talent. His experience encompasses the legal and business aspects of the development, production, sale, distribution and financing of feature film and television projects. Mr. Saltzman concentrates his practice in innovative and complex international co-production and co-financing transactions, as well as the representation of banks and bond companies in motion picture lending transactions. He frequently utilizes his language capabilities and knowledge of both the U.S.- and non-U.S.-based film and television industries in his representation of the interests of international companies and individuals in Hollywood. Mr. Saltzman has frequently participated as a lecturer and panelist in seminars both in the United States and in Europe, and his German-speaking practice has been profiled in various German publications. Mr. Saltzman has been a member of the State Bar of California and the U.S. District Court for the Central District of California since 1986. Mr. Saltzman is a member of the AFI Third Decade Council and a board member of the Georgetown University Alumni Club of Southern California. Areas of Expertise: Film & Television Production, Distribution and Financing.
Clark Siegel, Partner, Irell & Manella LLP: Clark Siegel is a partner who specializes in intellectual property, entertainment, technology, and corporate transactional matters in the Internet, motion picture and television, computer, and telecommunications industries. Mr. Siegel has been a leading practitioner in Internet transactional matters since 1994. He has represented a number of the primary players in the Internet sector, including ISPs and portals such as AOL, e-commerce companies such as stamps.com, infrastructure and equipment companies such as Netscape and Broadcom, and content and entertainment players such as Pop.com, Urban Box Office, and Comedy World. He also represents a number of start-up and emerging growth companies involved in the Internet. Transactional matters handled by Mr. Siegel for Internet clients include venture capital financings, strategic alliances and joint ventures, cross-marketing and interactive marketing deals, linking agreements, carriage and distribution arrangements, technology and website development agreements, content and technology licenses, e-commerce agreements, and numerous other matters. Mr. Siegel also has extensive experience in traditional entertainment industries and matters, having represented motion picture and television production companies (such as Medusa Film, Morgan Creek Productions, and Rysher Entertainment) in connection with international and domestic distribution arrangements, production agreements, rights acquisitions and clearance issues, co-productions, and financing transactions; studios and other distributors (such as MGM/UA, Paramount, R.C.S., August Entertainment, and Media Home Entertainment) in connection with production/financing/distribution agreements, sales agency agreements, domestic and foreign licensing agreements, co-production and co-financing agreements, joint ventures, and library acquisitions; writers, producers, directors, and actors; and institutions involved in the financing of motion picture and television projects in connection with the structuring and documentation of production loans, gap financing transactions, revolving credit facilities, project loan facilities, letters of credit, and workout transactions. He has particular expertise in the area of cable and satellite television, representing MSO cable operators such as Charter Communications, cable broadcasters such as Vulcan Programming II, and satellite broadcasters such as Orbit Communications (a leading satellite broadcaster in the Middle East and Africa). He has represented such clients in connection with programming carriage and affiliation agreements, cable franchise acquisitions and transfers, transponder leases, mergers and acquisitions, financing transactions, and other matters. Mr. Siegel also has substantial experience in traditional technology transactions such as software development and licensing agreements, OEM and other reseller and distribution agreements, collaborative development agreements, patent and trademark licensing, and numerous other technology-oriented transactions. In the telecommunications field, Mr. Siegel has represented satellite communications providers such as Teledesic and real estate owners and developers such as Catellus and Newhall Land in connection with agreements for the construction and operation of video, data, and voice communications infrastructures, satellite carriage of communications signals, regulatory and business aspects of telecommunications projects, interconnection and networking agreements, agreements for placement of communications towers and other equipment, fiber-optic leases and easements, financing transactions, and other matters. His unique and diverse background and skill set makes him uniquely suited to handle complex, interdisciplinary transactions in the new convergent economy. He has written and spoken extensively on topics relating to the Internet and the multimedia industry. His article, "Net Losses," which discusses copyright infringement on the Internet, was published in California Law Business on January 22, 1996. He is also the author of "Incorporation of Pre-Existing Content in Multimedia Products," also published in California Law Business, and of various articles regarding Internet legal issues included in Handbook on Entertainment, Publishing and the Arts, published by Clark Boardman Callaghan. He is also a member of the board of editors of the Red Herring. Mr. Siegel received his B.A. degree in Philosophy from Stanford University, where he graduated with highest honors and was a member of Phi Beta Kappa, and his J.D. degree from the University of Chicago Law School in 1984, where he graduated with highest honors and was elected to Order of the Coif. He was also a member of the University of Chicago Law Review.
Robert Jesuele is a partner in the international law firm of Coudert Brothers. He specializes in entertainment, corporate and intellectual property law and is Co-Chair of the Entertainment and Media Practice Group headquartered at the firms Los Angeles office. He represents domestic and international motion picture studios, financiers, television producers and broadcasters, independent distributors, technology companies and Internet and wireless content providers. He has substantial experience in the financing, production and distribution of motion pictures, the purchase and sale of intellectual property rights, including film and television libraries, international co-productions and split right deals, large production joint ventures and film slate financings and digital TV ventures. Mr. Jesuele advises clients on the protection and licensing of intellectual property rights, co-development deals, technology transfer transactions and the exploitation and protection of audio-visual rights in emerging media. His practice also involves representing writers and independent producers with their film, television and multimedia projects as well as assisting development-stage companies with their business plans and capital raising activities. Mr. Jesuele also has experience representing publicly traded and privately held companies in a variety of corporate and securities matters, including mergers and acquisitions, joint ventures, equity investments and debt financing, reorganizations, secured transactions and securities offerings. He graduated with honors from Loyola Marymount University (B.A. 1982) and Loyola Law School (J.D. 1986).