Attorney Peter Strand Materials (Summer 2019 CLE Program)

Entertainment Law Ethics: The Challenge of the Four Cs: Competence, Conflict, Confidentiality, & Compensation.

 

 

Attorney Peter Strand

Partner, Mandell Menkes LLC, Chicago, Illinois

 

Peter Strand represents content creators and providers including authors, songwriters and composers, recording artists, musicians, television and film writers, independent record labels, music publishers, independent film producers and documentarians, and production companies in various transactional and litigation matters in the entertainment industry. In addition to contract preparation, analysis, and negotiation. He assists clients with protecting and enforcing their copyrights, trademarks, and other intellectual property rights; licensing or exploiting their creative works; acquiring and distributing content; and selecting, securing, and protecting product and service brand names. In addition to his law practice, Peter has taught entertainment law and music law as an adjunct professor at Northwestern University School of Law, Chicago Kent College of Law, DePaul University College of Law, and Marquette University Law School. Peter is the Chair-elect of the ABA Forum on the Entertainment & Sports Industries. He has served in several leadership positions for the Chicago Chapter of the Recording Academy, including National Trustee, President, Vice President, and Chapter Governor.

Chambers USA named Peter to Band 1, Media & Entertainment – Transactional in 2018. In 2015, Peter was named one of the Top 100 Attorneys in Illinois by Chicago Magazine. He has been also selected as: “Super Lawyer — Billboard Magazine’s 50 Attorneys of Note in the Music Business” 2014; “Entertainment Law-Music Lawyer of the Year” by Best Lawyers Magazine in 2013, 2016 and 2018; “Leading Lawyer” in Arts, Entertainment and Sports in Illinois from 2003 – 2018 and in its 2018 Top 10 list for Arts, Entertainment and Sports in Illinois; and an “Illinois Super Lawyer” 2007-2018.

He has been profiled in Crain’s Chicago Business, Illinois Super Lawyers Magazine, Chicago Daily Law Bulletin, and Wisconsin Lawyer Magazine. Peter also provides pro bono legal services to musicians, artists, and arts organizations through the Lawyers for the Creative Arts, where he has been involved as a volunteer, Board Member, and on the Honors Council for more than 20 years. In 2008, Peter received the Thomas R. Leavens Awards from the Lawyers for the Creative Arts for his distinguished service to the arts through LCA. Before becoming an attorney, Peter played and recorded as a full-time touring musician with several bands including Yipes who recorded two albums for RCA/Millennium Records and will release its third album in 2019.

 

Panel description: Entertainment Law Ethics: The Challenge of the Four Cs: Competence, Conflict, Confidentiality, & Compensation.  We will discuss the typical ethics issues that arise representing talent especially for collaborative projects.

 

Topics will include:

  1. Acquiring Competence – not just general lawyer competence but entertainment industry competence
    • Knowing the terminology of the business
    • Knowing the norms of the deal
    • Knowing the players
  1. Conflicts
    • Identifying the client – individual vs. a group;
    • Representing the group client – not all group members are equal
  1. Confidentiality
    • Keeping the client’s confidences
    • Group speak – what you say to one you say to all – no secrets among groups
    • Including or excluding the team
      • Manager, Agent, Business manager, spouses, children, parents,
  2. Compensation
    • The Rule: reasonable
    • Contingent, hourly and flat fees
    • The norms of the industry
    • The pitfalls of percentages
    • Payments by 3d parties

 

 

Reference List