Why Letterman's extortionist needs an agent, not a lawyer

Today we're starting a new weekly feature called Crime Time, which will delve deeper into the intersection of showbiz and the criminal courts than we typically go on this blog. For that we've reached out to a new contributor, Russell Wetanson, an entertainment reporter and lawyer who can been seen on TV Guide Network, HLN and E!. A big welcome to Russell.    

By Russell Wetanson

I hate to admit it, but a criminal may need an agent more than he needs a lawyer these days. Before you berate me for saying so, consider the supporting evidence that surfaced this week.

Super Bowl commercial lawsuits keep coming

By Eriq Gardner

For the third time in the last 10 days, a commercial that aired during this year's Super Bowl has prompted a lawsuit.

The latest targets a spot aired by Kia Motors that allegedly rips off a classic funk tune by Dyke & the Blazers called "Let a Woman Be a Woman."

Hollywood Docket Top 5: Wells rips Comcast-NBCU; Phil Spector appeal; law school & 'The Office'

• WGA West president John Wells was harshly critical of the planned Comcast-NBC Uni merger at Congressional hearings yesterday and proposed that the "new media superpower" be required to allocate 25% of primetime programming on its networks to independent providers. [THR]

• At the same hearing, FCC chairman Julius Genachowski talked about recent feuds between broadcasters and cable companies over carriage fees and said the agency is considering new rules to guide negotiations. [LAT]

• Lawyers for music producer Phil Spector filed a 148-page appeal on his second-degree murder conviction, asking an appellate court to throw out the conviction based on judicial error and prosecutorial misconduct. [AP]  

• A concert promoter has filed a lawsuit against R&B superstar Ne-Yo claiming he was given performance and booking fees and failed to perform a concert. [CNS] 

• Did Cornell Law School violate the intellectual property of NBC by featuring a promotion using Andy "The 'Nard Dog" Bernard from the network's "The Office"? [Above the Law] 

Judge tosses copyright claim on Sony's 'God of War'

By Eriq Gardner

Video games are becoming more like movies every day, so it's not surprising to see publishers facing the same kinds of idea theft lawsuits that frequently irritate Hollywood.

Sony Computer Entertainment and game designer David Jaffe have just put one such nuisance to bed after a California federal judge threw out a copyright infringement claim by two individuals who said they conceived the idea behind the game "God of War."

In the lawsuit, Jonathan Bissoon-Dath and Jennifer Dath claimed they submitted two treatments and two screenplays concerning a Spartan attack on Athens and the resulting series of tasks initiated by the Greek Gods to restore peace. The story roughly describes the mythology involved in the founding of the Olympic Games.

How to solve the digital download problem in a flash

Here's another attorney guest post. Schuyler Moore is a well-known film finance lawyer at Stroock and an adjunct professor at UCLA Law School and the UCLA Anderson School of Management. He's now a regular commentator for the print Hollywood Reporter, where this article first appeared.

By Schuyler M. Moore

Oh, what a shame it is that the U.S. is a Third World country -- at least when it comes to Internet download speeds for massive files like movies. 

Hollywood Docket Top 5: Viacom drops clips from Youtube suit; more Lindsay vs. E-Trade baby; Tom Cruise headed back to 'South Park'

• Viacom withdrew 187 video clips from contention yesterday in its copyright infringement lawsuit against YouTube. The removal was on top of the 241 clips that Viacom previously withdrew in October. The company says it decided to pull them to "streamline the issues in the case." More than 63,000 clips remain in contention. [Here's the notice of dismissal (PDF download)]

• The British judicial system works quickly. Just days after Pink Floyd filed a lawsuit against EMI over online sale royalties and the unbundling of album tracks, a U.K. court has ordered EMI to pay $60,000 in costs as an interim payment and has banned the label from selling singles without the band's permission. [BBC] 

• More details on the Lindsay Lohan talking-baby case: Esquire has posted documents from the agency that created the ad, revealing that the character's original name was "Deborah" and that E-Trade almost went with "jail bait" or "tramp" instead of "milkaholic." Meanwhile, Gawker takes a look at the attorney supposedly representing Lohan and concludes the lawsuit may actually have originated with her parents. [Esquire / Gawker]

• The debate is getting much louder over proposed new fees for playing songs on the radio. The National Association of Broadcasters has been on the radio airwaves with a 60-second spot arguing that performance royalties would bankrupt local stations. In response, the RIAA took out this ad in Capitol Hill newspaper Roll Call:

 

• The 200th episode of "South Park" may feature an unauthorized appearance by one of the show's old adversaries. Co-creator Trey Parker reveals what he has in mind: "All the people that are [ticked off] at South Park the town are going to file a class-action lawsuit against the town. So basically it's going to be an all-star, who's who. Tom Cruise and everyone's going to be back." The last time Cruise was featured on the show, it set off a chain of events that led to threatened lawsuits, the hardening of Cruise's relationship with Paramount, and the show being pulled from British airwaves. We can't wait for the 200th. Here's a clip from "South Park" (naturally titled "Go Ahead, Sue Me!").

 

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Will & Jada Pinkett Smith battle with film financier heads to arbitration

By Matthew Belloni

Will and Jada Pinkett Smith's aggressive lawsuit against the financier of her directorial debut will be decided behind closed doors.

Lawyers for the Smiths and Overbrook Entertainment have agreed with attorneys for Tycoon Entertainment and principal David Grasso to move the case to arbitration, avoiding a messy public spat. The parties submitted a stipulation today to Los Angeles Superior Court Judge Edward Ferns, who is expected to sign it.

If Warner Bros. accidentally sent you $1 mil, would you cash the check?

By Matthew Belloni

You get a fat check from a major studio that maybe shouldn't be yours. Do you cash it? David Bergstein would. At least that's what's implied in a lawsuit filed Tuesday in Los Angeles Superior Court.

Warner Bros. has sued Intermedia, the European production company with ties to the embattled film impresario, to recover $1.1 million in profit participations from "Terminator 3: Rise of the Machines" that the studio says it accidentally sent to Intermedia instead of the trust account set up to hold funds from the film.

5 possible reasons why Lindsay Lohan filed that talking-baby lawsuit

By Eriq Gardner

Lindsay Lohan's $100 million lawsuit against E-Trade for airing a commercial that featured a "milkaholic" baby named Lindsay has the town talking (video below).

Here's the actual complaint. 

We'd love to give a counterintuitive post that argues why this lawsuit stands a chance in hell -- but that seems fairly impossible. It's an obvious loser, leading to natural speculation about what prompted the actress to file it.

Possible Explanation 1: Lohan's representatives really think she can win the case. To do so, her lawyer will need to show that E-Trade knowingly traded on her good name and implied a commercial endorsement where there was none. Perhaps something could turn up in the discovery process implicating the ad agency that created the spot, but there may be enough outs for E-Trade even if it's revealed the online brokerage website had Ms. Lohan in mind. 

Nike sues to include Vince Lombardi speech in commercial

By Eriq Gardner

Dead celebrities have become cash cows for their estates. Laws protecting the publicity rights of the deceased have been expanded, and no management firm has benefited more from the trend than CMG Worldwide, representing Elvis, Marilyn Monroe, James Dean, and other late entertainers.

But sometimes, an advertiser's request goes beyond the means of the estate.

Shoemaking giant Nike has filed a lawsuit in Washington Circuit Court against the Estate of famed football coach Vince Lombardi and CMG for breaching a contract.

Hollywood Docket Top 5: Pink Floyd vs. EMI; Joe Walsh vs. Joe Walsh; Music labels vs. 'Ellen'

• Pink Floyd is suing EMI Group over online royalty payments and the sale of single tracks. The lawsuit, filed in London, asks a court to clarify the band's contract with regards to the calculation of online royalties and whether tracks can be unbundled from the wider albums. [Business Week] 

• Former CBS News producer Robert Halderman pleaded guilty yesterday of attempting to extort $2 million from David Letterman. He was sentenced to six months in jail. Previously, Halderman unsuccessfully tried to have the lawsuit dismissed under the claim that he was simply selling Letterman rights to a book or screenplay. [CBS]

• Politician Joe Walsh has removed a campaign video that contained a song by the Eagles band member also named Joe Walsh. We wrote about the funny letter that the attorney for the musician sent to the congressional candidate. Afterward, the political candidate responded with his own letter that tried to be funny, accusing the musician of letting "leftist" Hollywood-think affect enjoyment of a parody. Nevertheless, Walsh, the Republican, seems to have backed down. [Citizen Media Law Project]

• Last September, we reported that several of the biggest record labels were suing producers of "The Ellen DeGeneres Show," claiming the show was violating the copyrights on thousands of song recordings. At least five of those record labels withdrew their claims in court this past week. The rest of the case has been transfered to California District Court for the convenience of the parties, and in particular, Jonathan Norman, who is primarily responsible for the music used on the show.

• Producers of "Iron Cross" are upset that Variety's editorial staff published a negative review of the film after its sales staff sold them on an Oscar promo campaign. [Read the complaint]

Vancouver man files first 'Avatar' rip-off lawsuit

By Eriq Gardner

Well, it finally happened.

James Cameron has been sued for copyright infringement for allegedly stealing source material to create the international blockbuster "Avatar."

Since the first review of the film appeared in December, a popular parlor game has been figuring out exactly who will come out of the woodwork demanding royalties for helping inspire the 3D blockbuster. The makers of "Dances With Wolves"? "Pocahontas"? "Dune"?

Nope, guess again.

Hollywood Docket Top 5: Viacom vs. Google; 'Kill Bill' stolen?; 'Bachelor' battery; Lindsay Lohan is a baby

• A federal judge has given Google and Viacom 10 days to figure out what portions of their recently filed summary judgment motions to keep under seal. Google has been particularly anxious to keep its motion private, leading to objections by observers that there is a First Amendment right of access to court documents. Much of the motions should be public soon, thanks to the latest decision. [All Things Digital/ CNET/ Copyright & Campaigns] 

• Lindsay Lohan is suing E-Trade for $100 million, claiming that a boyfriend-stealing, "milkaholic" baby in its latest commercial was modeled after her. The baby's name was identified as "Lindsay" in the commercial and the actress' lawyer says she deserves the same single-name recognition as Oprah or Madonna. [NY Post]   

• An industry analyst believes that the recent lawsuit by the former heads of the studio that created the "Call of Duty" and "Modern Warfare" video games has the potential to "shape the developer/publisher relationship forever." [Guardian] 

• Quentin Tarantino, Bob and Harvey Weinstein, and Disney are being sued for allegedly ripping off a concept about a man avenging his mother's murder outlined in a script treatment. The plaintiff claims it was used in the creation of "Kill Bill." [Read the complaint (PDF download)]  

• Two paparazzi are suing ABC for battery, false imprisonment and negligence after being manhandled outside the wedding of "The Bachelor" couple Jason Mesnick and Molly Malaney. [Read the complaint]

Oscar Docket: 11th hour deal; acceptance-speech crashing; logo hijacking

By Eriq Gardner

Instead of our usual Hollywood Docket Top 5, today we bring you a special Oscars edition, as last night was a pretty amusing one for lawyers.

The night started out with intrigue as Cablevision pulled WABC from its lineup over a dispute on retransmission fees. As the Academy Awards got under way, lawyers were still negotiating. Eventually, at 8:45 p.m. ET, the parties announced they "had made significant progress and have reached an agreement in principal."

The Oscars had been saved! 

Showbiz mediation service launches

By Matthew Belloni

There's a new player in town for resolving Hollywood disputes. Launching March 8, the Entertainment Mediation Institute is billing itself as "the first-ever organization dedicated exclusively to resolving disputes among parties in the entertainment industry."

Co-founded by veteran showbiz lawyer James Mulholland and former State Senator Charles Calderon (who once chaired the senate's select committee on entertainment), the goal here seems to be to compete directly with mediation companies like JAMS and ADR Services by offering a roster of former showbiz execs as insider neutrals. Here are the mediators on board so far:

Ron Mardigian, former William Morris exec and head of West Coast motion picture lit

David Braun, a music and entertainment attorney

Irwin Russell, attorney and former Disney board member

Claire L. Rothman, former president of the Forum and executive vp of Ticketmaster

Ralph Kamon, a former lawyer for Paramount and United Artists

David Wardlow, former agent at ICM subsidiary Chasin-Park-Citron, currently president of Wardlow & Associates

Gregory Bernstein, former Columbia Pictures, TriStar and WGA exec

Fred Kuperberg, former Disney/ABC Cable Networks Group general counsel

Steve Peace, former state senator, film/TV producer and San Diego Padres board member

Priscilla Wardlow, EMI’s executive director and principal consultant to PricewaterhouseCoopers; holds a Harvard MBA and is a former vp of Honeywell, Inc.  

The 10 most interesting Oscar-related lawsuits ever

By Eriq Gardner

Here's an Oscar list you won't see anywhere else.

1. Disney sues the Academy of Motion Picture Arts and Sciences, alleging that the infamous Rob Lowe-Snow White duet at the 1989 Oscars was unflattering to the beloved character and lacked permission.
2. The Academy sues a chocolatier in North Hollywood who made chocolate Oscar figurines of a former Sony Pictures president.
3. "Crash" producer Bob Yari sues the Academy after being denied an official producer's credit on the Oscar ballot, making him ineligible to receive a statue. 
4. The Academy sues the operator of "Oscarwatch," alleging that a website that predicts the winners violates its trademark.
5. The Academy sues the "Hackademy Awards," an annual event going on for more than a decade that highlights how tobacco use in movies influences young people. The Academy also sues an Italian TV station trying to broadcast "The Wine Oscars," "TV Oscars," "Fashion Oscars" and "Theater  Oscars."

Is your Oscar pool legal?

By Eriq Gardner

Is holding an online office pool to predict Oscar winners unlawful gambling?

The answer: It depends.

Although the risk of prosecution is minimal, any contest that is based solely on luck is considered a "lottery" and prohibited by law.

However, in 2006, President Bush signed into law the Unlawful Internet Gambling Enforcement Act, which affirmed gambling statutes but carved exceptions for games that have "an outcome that reflects the relative knowledge of the participants."

According to Douglas Bordewieck, an attorney at Mitchell Silberberg & Knupp, "If an entrant must exercise some skill or display some knowledge in order to win, the game is a legal 'contest' and entry fees can be charged."

Does predicting whether Academy voters will favor "Avatar" or "Hurt Locker" take skill? We'd like to think so. But does it take enough skill? That depends on this question: Is predicting Oscar winners closer to poker or closer to a fantasy football competition?

Most U.S. jurisdictions apply a so-called "Dominant Factor test" in determining whether a competition is gambling or not. In the past, courts have found that poker has some skill involved but is illegal because there's a greater amount of luck. Conversely, fantasy sports competitions are blessed by law because they are seen as tests of knowledge beyond the luck involved.

Bordweieck believes that an Oscar betting pool likely qualifies as a contest of knowledge and would thus be legal. For any true worrywarts, here are three rules on how to have a legal Oscar betting pool:

1. Make sure the contest has skill involved.
2. Make sure the rules are outlined with necessary disclosures. 
3. Yes, the winner has to declare the winnings as income and pay taxes. 

The 10 greatest legal movies of all time

By Eriq Gardner

In honor of the Oscars on Sunday, we humbly nominate these films as the greatest legal movies of all-time:

Drama Division:

1. "12 Angry Men" (1957) directed by Sidney Lumet. Great because: It blew open the door on jury deliberations, helping moviegoers understand how personal relationships influence deliberations and how a first glance at a fact pattern can lead to the wrong conclusions.
2. "To Kill a Mockingbird" (1962) directed by Robert Mulligan. Great because: It introduced a small-town defense lawyer as a hero and explored the way the law can provide social justice in the face of cultural prejudice. 
3. "The Thin Blue Line" (1988) directed by Errol Morris. Great because: It exposed major problems with our justice system, particularly the pressures facing law enforcement. Ranks up there with "Rashomon" in its explorations of how truth can be in the eye of the beholder.
4. "A Few Good Men" (1992) directed by Rob Reiner. Great because: The highly quotable Aaron Sorkin script, the performance by Jack Nicholson, and its look into military jurisprudence.
5. "The Insider" (1999) directed by Michael Mann. Great because: Nobody would have expected that a topic like "tortious interference" would yield such edge-of-your-seat drama. One of the best films ever to properly highlight the positives and negatives of legal procedure. 

Hollywood Docket Top 5: YouTube summary judgment motions; fired 'Call of Duty' execs sue; federal anti-SLAPP law?

• Today's a big day in the YouTube copyright infringement cases. Both Viacom and the Google-owned site will be submitting opening briefs in support of summary judgment motions. We'll have more on the arguments later. [Copyrights & Campaigns]

• The former heads of the studio that created the "Call of Duty" video game have filed a lawsuit against publisher Activision Blizzard alleging wrongful termination and breach of contract. Jason West and Vince Zampella were fired on Monday and claim they were dismissed in order to avoid paying them royalties. [LAT]   

• A federal anti-SLAPP bill has been introduced into Congress. The federal legislation would be designed to curtail meritless lawsuits that abridge free speech. But some say the broad protection also curtails valid claims. [Citizen Media Law Project] 

• A lawyer has a bone to pick with a new television trend. Pointing to shows like "Psych," "The Mentalist," "Castle," "White Collar," "Fringe" and "Bones," he pens an open letter to television writers and producers who don't seem to understand the legal obligations of civilian consultants who work for law enforcement. [Tactical IP]

• A couple featured in a brawl scene on MTV's "Jersey Shore" has filed a lawsuit (in New Jersey, natch) saying they were portrayed falsely and they have the video footage to prove it. They also say they were drunk when they signed a release form so it shouldn't be valid. Yeah, good luck with that argument. [TMZ]
  

TiVo destroys Dish in latest patent ruling

By Paul Bond

A federal appeals court has handed TiVo another victory in its long-running patent feud with Dish, one that was so significant that it propelled its stock 62% higher on Thursday.

The latest decision in the 6-year-old case determined that a Texas court was correct when it declared Dish was violating a permanent injunction against DVRs that infringe TiVo's patents.

TiVo says that the ruling paves the way for it to receive another $300 million. That's on top of the more than $100 million Dish has already paid TiVo.

Plus, says TiVo, since the $300 million only covers Dish's use of patent-infringing DVRs through July 1, it will pursue further damages covering the past eight months, which one analyst said could be worth another $320 million.

Lawsuit claims warlord documentary hijacked by warlord-like filmmaker

By Eriq Gardner

When we first heard that Douglas Busby of Damascus Films was being sued, we were intrigued. After all, very few production company websites tout a "cinematic effort to increase the well being of human kind by communicating paradigm-shifting ideas."

We finally got a hold of the complaint filed Monday by a company called Roller Coaster Films, and it doesn't disappoint.

Xerox asks Hollywood to stop saying 'Xerox' (picture)

By Matthew Belloni

"Genericide" sounds like something awful, and for a trademark lawyer it is. Aspirin, escalator, thermos, zipper -- just a few examples of products that became so widely known by those trademarked names that their owners lost trademark protection. They were so unique they became generic. 

The good people at Xerox don't want trademark genericide to happen to their copiers, so for years they've waged a campaign to remind people that Xerox is a brand, not a synonym for a photocopy. And they're enlisting Hollywood in that fight. 

Hollywood Docket Top 5: RealNetworks settlement; return of Danger Mouse; CBS vs. penis

• RealNetworks has settled its dispute with the MPAA over a software that lets users make digital copies of DVDs. The company has agreed to abandon its antitrust claims and pay the movie industry $4.5 million to reimburse it for legal fees and costs. [THR]

• Politicians are entering the fray in the dispute between Cablevision and ABC over retransmission fees. Two senators sent dueling letters to FCC chairman Julius Genachowski that offered arguments about whether the regulatory agency should get involved. [THR]  

• A few high-profile appeals-level judges took the stand yesterday to testify against a shock jock radio host who had issued death threats against them. [NYT] 

• Last year, we wrote about a legal mystery that interfered with the release of a hotly anticipated album from Danger Mouse entitled, "Dark Night of the Soul." The differences that lead the musician to release a blank CD-R in protest have been settled, and EMI says it plans to release the album soon. [BBC]

• CBS is being sued by a man who claims the network's show "The Doctors" tricked him into appearing before a live studio audience to undergo laser surgery on his penis. The man says he suffered great embarrassment. This isn't the first time that a sensitive medical procedure has caused a legal fuss. Last year, Fox News was sued for airing a woman's breast surgery gone horribly wrong. [CNS]

Court denies Cussler 'Sahara' appeal but reverses damages

By Matthew Belloni

A California Court of Appeal has torpedoed novelist Clive Cussler's latest attempt to recover money from the 2005 boxoffice bomb "Sahara." But the court also has taken away a $5 million award to Cussler's archnemesis, Philip Anschutz's Crusader Entertainment.

Here's the 27-page unpublished decision, issued today. Cussler has been feuding for years with Anshutz's Crusader (now Bristol Bay). In 2004, the popular novelist filed suit claiming up to $140 million in damages from Crusader breaching a licensing agreement and failing to properly include him in the development of the "Sahara" film.

Crusader then countersued, arguing that Cussler had hurt the film's boxoffice prospects by, among other things, telling his fans not to see it.

'Hurt Locker' lawsuit claims breach of agreement with U.S. military

By Eriq Gardner

We've tracked down a copy of the complaint filed today in New Jersey District Court by the Iraq war veteran who claims producers of "The Hurt Locker" ripped off his life story.

As we've noted, Master Sgt. Jeffrey S. Sarver faces a long road uphill in showing that filmmakers breached his rights in making the film.

We also noted that Sarver's best claim might be that the film was wrong in its veiled depiction of him. And indeed, in addition to claims for right of publicity and intentional infliction of emotional distress, the defendants are being sued for defamation for portraying a character who is a "bad father," "messed up," "reckless," "unstable," enjoys playing cruel practical jokes on people, etc.

War vet says he's suing 'Hurt Locker' for ID theft

UPDATE: A look at the complaint

By Eriq Gardner

At the end of most movies, you'll see the standard disclaimer that reads, "Any resemblance to actual persons -- living or dead -- is purely coincidental."

In reality, to avoid controversy and nagging legal costs, filmmakers will usually go out of their way to obtain rights to any life story that can be argued as being more than a coincidence. But are they under any obligation to do so?

We ask the question upon seeing a press release from a self-reputed Iraq War hero who says he's filed a multimillion-dollar lawsuit against the makers of Oscar frontrunner "The Hurt Locker," claiming that the story of an Army bomb squad was a thinly veiled account of his own life story. Take a look at the complaint.

Viacom will sue bloggers who post unauthorized 'Daily Show' clips

By Eriq Gardner

Hulu announced yesterday that Comedy Central was pulling "The Daily Show" and "The Colbert Report" from the popular video website. The decision will impact the many downstream websites that have relied on Hulu's embedded player to gain access to these shows.

We checked in with Comedy Central to see whether it will now target websites and bloggers who post unauthorized clips from the show.

"Yes, we intend to do so," says PR rep Tony Fox. "My feeling is if (websites) are making money on our copyrighted content, then that is a problem."

Hollywood Docket Top 5: Murdoch vs. Google; Fox vs. Scientologists; Verizon vs. TiVo

• When can we expect the anticipated copyright showdown between Rupert Murdoch and Google? Within a long profile of Murdoch and News Corp, a senior media executive who recently conferred with Murdoch says he's readying a lawsuit. "He's pretty tightly wound up on Google and has been ready to sue them. ... He doesn't trust them at all." [New York]

• Twentieth Century Fox (also owned by Murdoch) is investigating use of "Star Wars" clips in a motivational video produced by the Church of Scientology after Gawker brought it to the studio's attention. [Gawker]

• Verizon recently licensed a patent from a holder called Intellectual Ventures and is now using that patent to go after TiVo in an infringement lawsuit. [The Recorder] 

• The Senate Commerce Committee is eyeing late next week to begin its hearings on the Comcast-NBCU merger. [B&C] 

• Alec Baldwin, Harvard Law lecturer, has taken his professorial talents to Fordham Law. [NYDN]

Another day, another David Bergstein lawsuit

By Matthew Belloni

Man, these are getting boring.

David Bergstein's ThinkFilm/Capco was sued today by producers of the 2006 ThinkFilm release "The Zodiac" (no, not that "Zodiac," this one). They claim ThinkFilm has failed to issue profit statements since June 2007 and currently owes at least $234,000 in unpaid participations.

A company called ShadowVenture, whose principals included "Robot Chicken" production company Shadow Machine, produced the Zodiac killer drama with Myriad Films. ThinkFilm bought certain distribution rights under a deal signed in November 2005 that gave producers a percentage of gross receipts. The plaintiff claims it was underpaid, complained about it and got the runaround from Bergstein employees.

Here's the complaint, filed today in Los Angeles Superior Court, by Glen Rothstein at L.A.'s Blank Rome. The full deal memo for the film is attached, as are profit participation statements.

The lawsuit also features one of the better opening lines of the year:

Many television viewers are old enough to remember the now-classic Wendy's hamburger commercial "Where's the Beef?" In the matter of ThinkFilm, the unanswered question is, "Where's the Money?"

Staffing Roundup: NATO; JAMS; Loeb & Loeb

Recent entertainment and media law hires and promotions:

• Gary Klein is the new general counsel for the National Association of Theatre Owners. The trade association veteran is based at NATO's offices in Washington.
• International production lawyer Charles-Edouard Renault has been named partner at French firm de Gaulle Fleurance & Associes. Renault has worked on "Persepolis" and is an IFTA arbitrator.
• Mediator/arbitrator Joel Grossman has joined JAMS. He'll be based in Santa Monica and handle all types of entertainment, IP and industry employment disputes.     
• Julian Petty has joined Fox Rothschild’s LA office. He's repped the estate of Notorious B.I.G, Harlem Globetrotters and the Source Magazine.
• Video game lawyer Daniel O'Connell Offner has joined Loeb & Loeb in LA as a partner and chair of the firm's interactive entertainment practice group. He was with Nixon Peabody.