News and Articles
Welcome to the Cowan, DeBaets, Abrahams & Sheppard LLP website. On this page, we post notes of interest about the firm, our clients and about developments in the areas of law in which we practice. If any of the visitors to our website wish to contribute notes on topics of interest, we would be pleased to consider them for inclusion with attribution. Thank you for visiting us.
Cowan DeBaets Abrahams & Sheppard
Congratulates Clients

Roger Kass and the rest of CDAS congratulate Kass’s clients Todd A. Kessler and Glenn Kessler on the success of their hit show, the FX legal thriller "Damages."

The series received Golden Globe nominations for Best Series, Best Actress (Glenn Close), Best Supporting Actor (Ted Danson) and Best Supporting Actress (Rose Byrne), making it the Globes' most-nominated show. Glenn Close was a winner as Best Actress for her critically acclaimed portrayal of high-powered litigator Patty Hewes. “Damages” was created by the Todd and Glenn Kessler along with Daniel Zelman and the three executive produced the series, which was recently picked up for two more seasons.

Cowan DeBaets Abrahams & Sheppard
Selected by Insurance Companies

Cowan DeBaets Abrahams and Sheppard is happy to report that two insurance companies providing Errors and Omissions and other similar insurance policies, have added the Firm as approved counsel.

Media/Professional Insurance, Inc., a market leader in Errors and Omissions coverage, has chosen partner Steve Sheppard as one of only five lawyers in the country authorized to provide expert opinions in the area of fair use under the Copyright Act. M/PI now offers a new insurance product to protect documentary filmmakers from claims based on their fair use of portions of others' work, provided that such use is supported by an opinion from Steve. Cowan DeBaets Abrahams & Sheppard congratulates Steve on this honor; he is the only New York lawyer M/PI chose for this purpose.

Partner Toby Butterfield also reports that Axis Financial, a prominent insurer now entering the Errors and Omissions insurance market, has selected the Firm to act as defense counsel for such claims. As Cowan DeBaets Abrahams & Sheppard regularly advises producers, publishers, filmmakers, theatre producers and many others in this field, the fit is a natural one. Toby Butterfield has previously acted for insureds of M/PI, AIG and other insurance companies, so anticipates this will be another area of growth for the Firm.

Speaking, Writing and Negotiating

Bob Freedman has recorded a DVD for Reed Logic's Video Leadership Seminars entitled "Negotiating and Structuring the Financial Terms of Entertainment Contracts." Copies are for sale at www.ReedLogic.com. Bob is also writing a column for WebMD on legal and business issues in the medical profession. The subject of the first article is forming medical practices. Subsequent articles cover real estate and employment contracts. The article can be seen on www.medscape.com.

Professional Photographer's Legal Guide published by Allworth Press and Picture Archive Council of America authored by Cowan DeBaets Abraham's & Sheppard's Nancy E. Wolff will be published in April. Written for non-lawyers, it covers cases and developments in copyright law, privacy, publicity and trademark that affect the licensing of images.

Nancy Wolff was on a panel regarding recent copyright developments at the ABA IP conference in DC, April 12. In March she spoke at Kurtztown University to the Art Department and Design School, and at the American Society of Picture Professionals on copyright and orphan works. She is also teaching a legal workshop this summer at the Maine Photography Workshop.

Tim DeBaets finished two related deals for the writer/producer Dean Lorey. Lorey's young adult novel "Nightmare Academy" was sold to Universal Pictures for Steven Sommers, director of the Mummy films, as director/producer. The sale was in the high six figures. The novel was then sold to Harper Collins for one million dollars which covers the planned trilogy. Foreign sales are considerable. The novel will be published in August.

Robert Seigel was a panelist and speaker at a well-attended entertainment law panel at the 2006 Woodstock Film Festival. He discussed the legal, business and financial issues which a producer confronts on a motion picture feature. He was also was a speaker at the Ruff Cutz Indie Film Conference held this February in Boston where he discussed film financing and distribution.

As a Contributing Editor to "Indie Slate" magazine, Bob Seigel has written an article entitled "The Write Stuff: Legal Protection for Screenwriters" for the magazine's tenth anniversary issue.

David Wolf recently served as a Judge at the Yale Moot Court competition in New Haven. The Competition is the largest of its kind in the country. Moot court teams from many undergraduate colleges compete in it.

Mason Weisz gave a presentation on recent developments in Internet privacy law to the Information Technology Law Committee of the Association of the Bar of the City of New York. Among other topics, the presentation explored differences in state laws regarding the anonymity of Internet users.

Mitchell Radin has been selected, through a research process conducted by Law Business Research Ltd, The Official Research Partner of the International Bar Association, for inclusion in Who's Who Legal USA — Trademarks 2006.

And Here's What Some of Our
Talented Clients Are Doing

Soon to be featured on HBO, I Am An Animal: The Story of Ingrid Newkirk and PETA, had its World Premiere at the 2007 Hamptons International Film Festival, earning the Golden Starfish Award for Best Documentary. Frederick Bimbler represents Stick Figure Productions, the producers of the documentary.

"Heaven on Wheels, and in Leg Warmers" proclaimed the New York Times's headline, and the other reviews of "Xanadu," the new musical that opened on Broadway July 10, 2007, were equally rapturous. "Xanadu" represents the Broadway producing debut of Fred Bimbler's client Robert Ahrens, and CDAS is proud to be serving as production counsel for this "outlandishly enjoyable stage spoof." Based on the 1980 Universal film of the same title, "Xanadu" required years of legal groundwork to obtain underlying rights from the movie studio, screenwriters, and the authors of the song catalogues that comprise its score - this even before deals with an A-list bookwriter and director could be struck, and financing documents and all the other legal components of a Broadway show could be dealt with. No one could be happier than we are to see how well all of the creative elements of "Xanadu" have come together under Robert's guiding hand.

On Sunday, July 8, 2007, the novel "Water for Elephants", written by Tim DeBaets's client Sara Gruen, hit number one on the New York Times paperback fiction best-seller list, pushing past two prior first-place denizens, both of them picks for Oprah's Book Club and Pulitzer Prize winners. This impressive benchmark follows the novel's 12-week sojourn on the New York Times hardcover fiction best-seller list last year, when it sold 248,000 copies, and bodes well for a continuation of that success. Sara is a former technical writer who published two other novels before the breakout sensation of "Water for Elephants" - all three novels are published by Algonquin Books of Chapel Hill, N.C. Her next novel, "Ape House" will be published by an imprint of Random House pursuant to a contract negotiated by Tim, publicly reported as a multimillion-dollar deal.

2007 Daytime Emmy Awards have been garnered by CDAS clients. They are Marc Brown, Executive Producer and Tolon Brown, Producer, for "Arthur" as best children's animated series. The series is based on the successful children's books by Marc Brown and is in its eleventh season on public television.

Best original song in a daytime program was awarded to Sarah Durkee and Paul Jacobs, the talented lyricist and composer of "Between the Lions",: now in its fifth year on public television.

Both series are produced by WGBH in Boston.

World sales rights to "Andy Warhol: A Documentary Film" has been taken by Celluloid Dreams. Co-executive producer and attorney Roger Kass, who dealt Sundance Grand Jury prize winning "40 Shades of Blue" to Celluloid, brokered the "Warhol" deal.

In the Warhol mode, Esther Robinson's documentary "The Danny Williams Story" was exhibited at the Berlin Film Festival. Bob Freedman rendered legal services.

"Nerds:// A Musical Software Service" opened to rave reviews at the Philadelphia Theater Company in Philadelphia, Pennsylvania. Fred Bimbler represents the "Nerds" commercial producers and the scheduled Broadway production. The commercial producers are planning a Broadway opening in summer or Fall 2007 with Phil McKinley ("The Boy From Oz") and Joey McKneely slated to direct and choreograph, respectively.

Tom Lennon, has won the Academy Award for his Documentary Short, "The Blood Of Yingzhou District". He produced this powerful look at the scourge of AIDS in China in collaboration with Ruby Yang. Tom's intense interest in China was spurred through experience as the Series Producer on Bill Moyers's four-part PBS series on the Chinese experience in America, which he produced for Moyers's company, Public Affairs Television several years ago. Tom is represented by Stephen Sheppard.

Jim Harrison's latest novel, "Returning To Earth", represented by Stephen Sheppard has received strong reviews across the country. The lead review, on the front page of the Sunday New York Times Book Review, described the novel as "quietly magnificent", and confirmed Harrison's place in the first tier of contemporary American writers.

Clients with upcoming projects: Oren Jacoby's Metropole Film Board exhibited "Constantine's Sword" at the Los Angeles Film Festival. Denver Center Media is wrapping "No Bigger Than A Minute" which will air on PBS. Jennifer Fox' six-hour documentary "Flying: Confessions of a Free Woman" was exhibited at Sundance and acquired by the Sundance Channel for US television. Bob Freedman has been counsel to these projects.

Our firm's clients come up big in the World of Children's Properties. American Greetings is rolling out Holly Hobbie & Friends based on the famous Holly Hobbie character; Studio Espinosa's Sushi Pack is another property of American Greetings being introduced to the public. Horseland, LLC licensee DIC Entertainment is producing an animated children's show based on the HORSELAND property and has announced licensing deals in different categories. Greenestuff's My Bedbugs will be at Toy Fair with products based on their public television series. National Geographic is launching the video premier of Holly and Doug Hobbie's Toot and Puddle. Kidfitness is working out on public television. And Cookie Jar Entertainment is picking up Jocelyn and Nathaniel Hobbie's books about Priscilla for media and merchandising. These properties join Marc Brown's Arthur and Buster as programs we would want our kids (and grandkids) to watch. Cowan DeBaets Abrahams & Sheppard is proud to have represented these properties.

"Interview," a film directed by Steve Buscemi. and starring Buscemi and Sienna Miller, had its world premiere at the 2007 Sundance Film Festival. Bob Seigel and Roger Kass served as production counsel on the English language remake of a film directed by the late Theo van Gogh.

Bob Seigel also served as production counsel on the film "Year of the Fish" directed by David Kaplan and which also had its world premiere at the 2007 Sundance Film Festival and the documentary "A Dream in Doubt" directed by Tami Yeager which had its world premiere at the 2007 Slamdance Film Festival and earned an Honorable Mention.

We Welcome!
Susan Bodine and Andrea Cannistraci have joined the Cowan DeBaets Abrahams and Sheppard team in 2007. Sue is an internationally recognized transactional attorney in the area of entertainment law. Andrea practices primarily in entertainment law including transactions relating to film and television.
Client Reminder!

We also want to remind our clients to consider whether their estate planning is up to date. Changes in the law and changes in individual status create circumstances which might require an updating of one's will and estate planning. And at the same time might impact one's Living Will, Medical Proxy and Power of Attorney.


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