Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up for Alerts
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
Areas of Interest
June 2nd, 2017
SHOOT Directors/Producers Forum: Legal Aid
This Legal Aid session featured a pair of leading attorneys from Frankfurt Kurnit Klein + Selz (FKKS): Jeffrey A. Greenbaum, managing partner and regarded as one of the country’s leading advertising lawyers; and Victoria S. Cook, a partner at the firm whose focus is on motion pictures and television. Cook is a regular mentor at the Sundance Institute Creative Producing Conference and the Sundance Institute Catalyst Conference for film investors. She has moderated the State of the Union panel at the Sundance Summit for the last several years.
Greenbaum and Cook discussed director contracts with production companies, considerations for filmmakers who are — or would like to be — active in commercials as well as features and TV, and pitfalls that can impact helmers’ careers.
Greenbaum noted that while day rates, financial guarantees and other perks were common areas of discussion and negotiation in director contracts of 10 to 15 years ago, that’s not as much the case today. Back in the day, assorted production companies were willing to invest in directors, knowing that chances were good that money could be made. By contrast, the current marketplace — despite the emergence of different channels and platforms--is marked by what seems like less work for fewer directors, with a diminishing number of companies willing to make major financial commitments to directorial career building.
The decision a director makes to join a production company, continued Greenbaum, carries potential long-term consequences. He advised that rather than focus just on money when considering a new roost, directors should first and foremost assess which company they believe in — and which company really believes in them. Then the money and success will follow.
“Which company will take the time to develop you and your career?” said Greenbaum, suggesting that along those lines directors ask, “Who at the company is going to be shepherding your career?” Among other key questions to pose include: Are there sales reps at the company who believe in you? Is there a senior exec who is going to make sure you are going to be successful? What does your reel look like today and where do you want it to be down the road? How much money will a company invest in spec jobs? Will the production house take on lower budget projects and how will they manage those jobs so that they are successful and add to your reel?
Another key piece of advice was that directors “commit but don’t overcommit.” Companies are generally asking for directors to sign contracts covering longer periods of time. In the previous era, the norm was a two-year contract. Today, contracts are more along the lines of three or four years, sometimes more. Production companies justifiably want a longer window of exclusivity so that they have the time to realize a return on their investment in a director. It behooves a director to give a production company ample opportunity to deliver--but at the same time he or she should try to negotiate some wiggle room if certain goals aren’t realized in year one for example. That way if an arrangement isn’t working, a director can move on to explore other opportunities.
Cook noted that for those commercial directors with TV and feature aspirations, it’s important that they have an understanding with a spot production house that they have the freedom to block out time for long-form commitments. An indie film, she related, will take “at least 18 months of your life” from development through prep, production, post, festivals and promotion.
Cook cautioned young directors not to be too enamored with a production company that has a couple of IMBD feature credits. While production companies courting a director may promise feature filmmaking opportunities, not all shops have the wherewithal to truly get a movie made. Very few companies are Anonymous Content, she said. And an IMBD credit or two doesn’t necessarily signal feature proficiency or the ability to provide or access the proper funding.
Sometimes, observed Cook and Greenbaum, success in commercialmaking can cause directors to fall short of their feature goals. With a lucrative advertising career — in which they grow accustomed to a certain lifestyle, as well as working with the best DPs, production designers and like — certain directors can’t figure out a way to stay committed enough to bring that feature script they’ve been carrying around to fruition. Cook and Greenbaum affirmed that it’s imperative for directors to remember their roots and to “stay hungry” if they truly want to realize their feature filmmaking promise.
This article was posted by "A SHOOT STAFF REPORT" on SHOOTtonline .
Other Quoted
The Battle over California’s Bill to Regulate how Insurers Handle Personal Data
Rick Borden is quoted in the Continuing Education of the Bar’s (CEB) DailyNews in an article on the proposed California data privacy law, Senate Bill 354, which would extend greater data privacy protections to the insurance industry. The Insurance Consumer Privacy Protection Act (ICPPA) 2025 would expand the California’s existing insurance-specific privacy law, known as the Insurance Information and Privacy Protection Act (IIPPA).
The article stated, “Rick Borden, a partner with Frankfurt Kurnit Klein & Selz who focuses on data strategy and privacy, said California may be acting too soon because revised regulations and guidance are coming down the pike. A working group at the National Association of Insurance Commissioners (NAIC) is moving ahead with updates to its Model law 672, which each state has either adopted or adopted in substantially similar form. ‘Let them do their stuff,’ Borden said.”
He pointed to the American Property Casualty Insurance Association (APCIA) comment letter, written on behalf of 1,200 companies comprising nearly 60% of the country’s property and casualty insurance market. It also recommended CCPA (California Consumer Privacy Act) regulators to wait.
But the bill’s author Senator Monique Limón and its sponsor, California Insurance Commissioner Richard Lara, are moving forward with the bill.
Mr. Borden also noted “that advertising and marketing is one of the most important areas that California’s proposed new protections could cover.”
“‘Certain advertising is not subject to GLBA [Gramm-Leach-Bliley Act], so already would be subject to CCPA,’ he said. ‘Because you’re not their customer, yet. And this isn’t about a financial transaction with them.’ The revised insurance laws would cover data collection, including for advertising, that is a part of covered insurance relationships.” View article. (Cost-free registration required.)
July 8 2025
In a Data-Obsessed World, Attorneys Welcome Privacy Law Specialization
The Los Angeles Times quotes Daniel M. Goldberg on the California State Bar’s decision to offer a specialization in privacy law. Mr. Goldberg stated that the area of privacy regulation has been exploding with growth, with California on the forefront —driving a need for designating leaders in the field. “‘The law is very complex. But on top of the law being complex, the specialization really requires a level of technical expertise. The law talks all about measures that companies need to take with respect to collection, use, disclosure of data and opting out. But if you don’t understand how the technology works or how the ecosystem works, then it’s an area that would be very, very difficult for you,’ he said.”
“He added, ‘One thing about privacy law is that you also have to be an expert on what’s going on in the news, the latest changes and whether it has to do with ad-tech platforms or AI. If you’re not up with the latest changes, you’re going to fall behind very quickly.’”
Mr. Goldberg emphasized California's pioneering role in privacy regulation. He referenced the state’s passing “the first comprehensive privacy law (the California Privacy Act or CCPA) in 2018, which he said catalyzed the creation of similar laws across other states and established California as the national leader in privacy legislation.” He noted the state had also been a leader in enforcement, citing activity of the Attorney General’s office and the California Privacy Protection Agency’s multiple enforcement actions.
Mr. Goldberg also explained why data privacy is an increasing legal practice at law firms: “‘It’s incredibly lucrative just because it’s such a broad area. It really is a subject matter expertise that goes in so many different subcategories of practices, and so almost every firm now has to have a privacy expert.'" View Article
June 26 2025
Legal, Regulatory Woes Could Mark New Era for Influencers
Hannah E. Taylor is quoted in FTCWatch on class actions against influencers and the brands they represent. Such lawsuits alleging deceptive advertising are now seeking hundreds of millions of dollars in damages. Ms. Taylor discussed this trend and commented on the FTC’s position, the NAD’s increased attention to influencer marketing, the responsibility of brands, and AI tools used to monitor content. View Article. (Subscription required)
June 24 2025
