On this week’s episode, we talk to Fabio Bertoni, the General Counsel for the New Yorker Magazine. We discuss moving from a big law firm to becoming an in-house counsel of a major publication, the process of pre-publication review, and the current media landscape and how it has changed a lawyer’s duty to the publication.

Fabio Bertoni is general counsel of The New Yorker magazine, where he is responsible for pre-publication review of all articles, website posts, videos and other content published by The New Yorker, as well as supervising legal issues surrounding The New Yorker Festival and other events.  Prior to working at The New Yorker, Fabio was assistant general counsel at HarperCollins Publishers, where he conducted pre-publication review of non-fiction books, and handled legal issues for the Children’s Division, negotiated author-publisher agreements, and advised on licensing, copyright and trademark issues.  Prior to that, Fabio was vice president and deputy general counsel for ALM Media, publisher of The American Lawyer, the New York Law Journal, and dozens of other newspapers and magazines across the United States.

Fabio also serves as an adjunct professor at Fordham Law School, where he teaches a seminar on Media Law Drafting.  He began his legal career at the firm of Hughes Hubbard & Reed, after graduating from Columbia Law School and from the Columbia Graduate School of Journalism.

Our theme song is Roller Blades by Otis McDonald.

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On this week's episode, we bring you our IPLJ's event held earlier this month, Dance Dance Legal Revolution. Moderated by IPLJ Associate Editor, Kara Krakower, the panel will discuss the popular video game Fortnite, created by Epic Games, which has recently found itself in hot water for selling content that mirrors dance moves made famous by other artists. Some of those artists, such as Brooklyn rapper 2 Milly and star of The Fresh Prince of Bel-Air Alfonso Ribeiro, have gone as far as to bring suit against Epic Games for the appropriation of their art, image, and brand. The attorneys of Pierce Bainbridge Beck Price & Hecht LLP, will be joining us for a discussion about the lawsuits, its cultural implications, and the attorneys’ experience working at a young, up-and-coming law firm.

Our theme song is Roller Blades by Otis McDonald.

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This week Patrick Hao, IPLJ Online Editor, and Alessandra Dagirmanjian, IPLJ Notes and Articles Editor, speak with Erik Bierbauer, Vice President of Litigation at NBC Universal and Adjunct Professor of Law at Fordham University. They discuss Justice Thomas's analysis of the landmark First Amendment case, New York Times v. Sullivan, in a recent denial of certiorari to Kathrine McKee. Erik shares his thoughts on Justice Thomas's interpretation of Sullivan and how a reconsideration of the case could affect defamation law.

Our theme song is Roller Blades by Otis McDonald.

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This week, Michael Rubin, IPLJ staff member, sits down with Jeffery Berkowitz, a partner at Finnegan, Henderson, Farabow, Garrett & Dunner. Their conversation touches on a variety of experiences encountered during Mr. Berkowitz’s patent practice for nearly 30 years with his firm. Mr. Berkowitz discusses his international practice assisting clients developing strategic patent portfolios and litigating in district courts and the Court of Appeals for the Federal Circuit. Mr. Rubin is a second-year law student at Fordham and a staff member at the IPLJ. He plans on working in Patent law this coming summer.



IP of the Week: The Last Days of Nights by Graham Moore
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On this week's episode, Fordham IPLJ staff member, Meredith Miller, interviews former PTAB judge and current patent litigator, Brian Murphy. They discuss Mr. Murphy’s experiences as a PTAB judge and a patent practitioner, the impact PTAB and associated post-grant proceedings have had on patent law, and predictions of how PTAB might evolve in the future. Mr. Murphy is currently a partner at Haug Partners in New York City and was a Lead Administrative Patent Judge on the Patent and Trial Appeal Board at the USPTO. Ms. Miller is a second-year law student at Fordham Law intending to go into biotechnology patent practice.

Our theme song is Roller Blades by Otis McDonald.

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The following should not be construed as legal advice — just good advice. On this week's episode, Mr. Michael Golland, Senior Counsel at Complex Media,  sat down with Staff Writer, Jeanine Botwe to drop some gems, as part of our continued effort to facilitate exposure to careers within Intellectual Property and Entertainment Law.

After graduating from The George Washington University in 1989 with a degree in Finance, Michael moved to San Diego where he began his career as an analyst for commercial real estate investors and eventually became an investor himself.  In 1994, Michael earned his JD from Whittier Law School in Los Angeles and began his career as a business attorney.  For the first seven years of his career as an attorney, Michael handled transactional and dispute resolution matters for his clients.  In this capacity, Michael would form and advise entities on matters related to the operation of their business such as employment issues, commercial leasing, asset acquisition and sale, intellectual property protection, general business strategy and represent his clients in litigation.  Michael began his career as an entertainment attorney in the music business where he represented artists and composers in both the entertainment and gaming industries.  Eventually, Michael began to represent other players in entertainment, media and licensing such as actors, writers, directors and producers. Michael has acted as production counsel for many feature films (including feature length documentaries) as well as scripted and unscripted television and new media productions.  In 2016, Michael relocated to New York to begin his career as in-house counsel for Complex Networks, a leading digital publisher where he oversees all of the company’s content production and distribution as well as events such as ComplexCon.

IP of the Week: Geico Hump Day Commercial

Our theme song is Roller Blades by Otis McDonald.

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On this week episode, Online Editor, Patrick Hao, talks to film critic, podcaster and Ph.D. candidate in Cinema and Media Studies at the University of Southern California, Peter Labuza. They discuss Hollywood legal history and the role entertainment lawyers had, through contracts, shifted the way Hollywood Film Studios produced movies and affected the art.

Peter Labuza is a Ph.D. Candidate in Cinema and Media Studies at the University of Southern California and a John E. Rovensky Fellow in US Business and Economic History. His research interests include Hollywood and media industry historiography, legal history, political economy, art cinema, and cinephilia. His dissertation explores the rise of the legal profession in Hollywood and its contribution to the organizational business reforms and cultural discourse of art within the industry after World War II. He has published in The Velvet Light Trap, Film Quarterly, Mediascape, Sight & Sound, and The Los Angeles Review of Books, and he currently serves as Assistant Book Review Editor for the Journal of Cinema and Media Studies (formerly Cinema Journal). He has also published as a film critic for Variety, The Village Voice, and Filmmaker Magazine among others, and hosts The Cinephiliacs podcast. Previously, Labuza earned both his BA and MA in Film Studies from Columbia University.

Sources Mentioned:
Peter Labuza, Putting Penn to Paper: Warner Bros.’s Contract Governance and the Transition to New Hollywood, 80 The Velvet Light Trap 4 (2017).  

Janet Staiger, "Tame" Authors and the Corporate Laboratory: Stories, Writers, and Scenarios in Hollywood, 8:4 Q. Rev. of Film Stud. 33 (1983).

Mark Garrett Cooper, Universal Women: Filmmaking and Institutional Change in Early Hollywood (Champaign: Univ. of Illinois Press, 2010).

Karen Ward Mahar, Women Filmmakers in Early Hollywood (Johns Hopkins Univ. Press, 2006).

Emily Carman, Independent Stardom: Freelance Women in the Hollywood Studio System (Univ. of Texas Press 2016).

Eric Hoyt, Hollywood and the Income Tax, 1929—1955, 22 Film Hist. 5 (2010).

Vanessa Schwartz, It's So French!: Hollywood, Paris, and the Making of Cosmopolitan Film Culture (Univ. of Chicago Press 2007).

Catherine L. Fisk, Working Knowledge: Employee Innovation and the Rise of Corporate Intellectual Property, 1800-1930 (Univ. of North Carolina Press 2009).

Catherine L. Fisk, Writing for Hire: Unions, Hollywood, and Madison Avenue (Harvard Univ. Press 2016).


Favorite Piece of IP of the Week: Something Good-Negro Kiss (Short Film)
Our theme song is Roller Blades by Otis McDonald.

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On this week's episode, we bring you part 3 of our 26th Annual IPLJ Symposium. Moderated by Ron Lazebnik, Clinical Professor of Law at Fordham Law School, the Transparency of Notice and Choice panel will evaluate the efficacy of this mechanism to protect information privacy. Panelists will focus on the role that both content and design play in notifying users of their privacy rights. Panelists will also discuss what it means to provide users with proper notice and choice in an age when digital media and technology are constantly evolving.

Panelists include: Wendy Seltzer, Strategy Lead and Counsel at World Wide Web Consortium (W3C); Liz Woolery, Senior Policy Analyst at Center for Democracy and Technology; Maya Uppaluru, Associate at Crowell & Moring LLP and; Paula Breuning, Counsel at Sequel Technology and IP Law.

Our theme song is Roller Blades by Otis McDonald.

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This week, Andrew Nietes, IPLJ staff member, sits down with Kuan Huang, a senior litigation associate at Latham & Watkins. Their conversation centers on the ins and outs of non-patent intellectual property trials at the Big Law level on both sides of the “v.” and covers topics from copyright font trolls to the role of expert testimony. Mr. Huang has worked on a variety of intellectual property matters including copyrights, trade secrets, and trademarks on behalf of both plaintiffs and defendants. Mr. Nietes, a second year law student at Fordham, plans on entering this field as well, litigating similar cases in intellectual property; he will be joining Mr. Huang at Latham & Watkins as a Summer Associate in 2019.

Our theme song is Roller Blades by Otis McDonald.

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This week we bring you our second installment of the 26th Annual IPLJ Symposium, “Data Governance Regimes Panel.” Moderated by Olivier Sylvain, Professor of Law at Fordham University of Law, The Data Governance Regimes panel will discuss the challenges in maintaining the privacy and confidentiality of data as it continues to accumulate. Panelists will evaluate current compliance obligations and the effectiveness of the FTC in providing standardized frameworks for effective governance, depending on the type of data that companies collect. Panelists will review recommendations for and against more expansive federal and state privacy legislation, looking at whether current regulations support modern business models and innovation in the digital sphere.

Panelists include: Lisa J. Sotto, Partner and Chair, Privacy and Cybersecurity Practice at Hunton Andrews Kurth LLP; Boris Segalis, Partner and Global Vice Chair, Cyber/Data/Privacy at Cooley LLP; Andrew Kopelman, Vice President, Assistant General Counsel, and Chief Privacy Counsel at Medidata Solutions; Anthony Ford, Senior Data Privacy Counsel at Medidata Solutions.

Our theme song is Roller Blades by Otis McDonald.

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This week, staff member Meredith Miller sits down to chat with patent practitioner J. Douglas Miller about how start-ups can utilize patents and intellectual property in growing their business. They talk about what start-ups need to know about intellectual property, how to obtain a patent, and considerations when crafting an IP strategy. Ms. Miller is a second-year law student at Fordham Law intending to go into biotechnology patent practice. Mr. Miller, the father of Ms. Miller, is a patent attorney with a mechanical and environmental engineering background from Shumaker, Loop & Kendrick in Toledo, Ohio.

Our theme song is Roller Blades by Otis McDonald.

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Welcome to Season 3 of the Fordham IPLJ Podcast. This week we’re proud to bring you our first installment of the 26th Annual IPLJ Symposium, “User Control Data.”

Moderated by Professor Ari Ezra Waldman, New York Law School, Director of the Innovation Center for Law and Technology; Nizan Geslevich Packin, Zicklin School of Business, Baruch College, City University of New York, Assistant Professor of Law; Andrew Selbst, Data & Society Research Institute, Postdoctoral Scholar; Yafit Lev-Aretz, Zicklin School of Business, Baruch College, City University of New York, Assistant Professor of Law

Our theme song is Roller Blades by Otis McDonald.

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This week, we’re chatting with IPLJ’s Volume 27 Online Editor and former host of the Fordham IPLJ Podcast, Anthony Zangrillo. Anthony is now an associate with Weil Gotshal in the firm’s Capital Markets practice. As a staff member on IPLJ, Anthony wrote a blog post about Universal and Disney’s arrangement regarding Marvel IP in theme parks. We chat about life as a first-year associate, Anthony’s experience using Moviepass in the wake of their recent privacy controversy, and whether Universal and Disney might be revisiting the terms of their agreement in the wake of Black Panther’s success.

This is the final episode for the Volume 28 staff. Look out for some bonus content over the summer, and another season of all-new episodes this fall.


Anthony’s bio can be found on the Weil Gotshal website. Anthony’s 2016 blog post on Universal and Disney’s arrangement on Marvel IP in theme parks can be found here! Also, I talk briefly about Fordham Follies and a video they made last year referencing “The Network Effect.” Feel free to check it out here.

Our theme song is Roller Blades by Otis McDonald.
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This week, Staff Correspondent Mike Rivera speaks with Conor Tucker, a litigation associate at Irell & Manella in Los Angeles. This year, IPLJ published Conor’s article regarding the Defend Trade Secrets Act of 2016. Conor explains the ways in which the DTSA was inspired by the Economic Espionage Act of 1996, and the massive, unexpected jurisdictional issues that were created by this newly expanded federal protection of trade secrets.

To read Conor's article, click here. Conor's bio can be found on the Irell & Manella website.

Our theme song is Roller Blades by Otis McDonald.

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This week, Staff Correspondent Fannie Law speaks with Professor Schlomit Yanisky-Ravid, a visiting professor at Fordham Law and an expert on artificial intelligence and intellectual property law. Professor Yanisky-Ravid is the head of the Fordham Center on Law and Information Policy AI-IP Project, researching the impact of advanced technology, such as artificial intelligence and blockchain. She talks about her work with AI-created content and its application to current copyright law. She also discusses the implementation of new models to resolve the challenges that AI presents for intellectual property law.

Professor Yanitsky-Ravid's bio can be found here.

Our theme song is Roller Blades by Otis McDonald.
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This week, we’re talking with Sally Hubbard. Sally is a senior editor at the Capitol Forum, where she primarily covers antitrust issues. Sally was a featured panelist at this year’s IPLJ Symposium, speaking on the topic of Safeguarding Information Integrity in the Era of Fake News. Sally is also the founder and host of the Women Killing It! Podcast, where she interviews women at the top of their careers about what has worked for them, how they got where they are today, and what they wish they knew earlier. Sally and I chatted about the relationship between consolidated market power and gender and racial inequality. 

Read Sally's article in Forbes, and subscribe to her podcast, Women Killing It!, on Apple Podcasts or wherever you get your podcasts.

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This week, Staff Correspondent Chloe Curtis talks with Jo Backer Laird, one of the world's leading art lawyers. Jo served as General Counsel to Christie's for 10 years, and is currently Of Counsel at Patterson Belknap. Chloe and Jo discuss the role of the lawyer in art transactions, and the type of relationship that exists between lawyer and client. Their conversation focuses on the role of the lawyer in representing private collectors, museums and artist foundations in various dealings.

Jo's bio can be found on the Patterson Belknap website.

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This week, we’re proud to bring you our third installment of the 25th Annual IPLJ Symposium, “Political Non-Neutrality in the Press.” This panel discusses the deficiency of presenting multiple viewpoints in the press. As news organizations become more polarized, it appears the public grows more and more polarized as well. The Fairness Doctrine, introduced in 1949, required the presentation of news and public issues in a neutral way by requiring representation of multiple opinions or viewpoints of an issue. While this doctrine was limited to broadcast, this panel explores how a similar requirement could apply across all press organizations.

Moderated by Professor Corey Brettschneider, Fordham University School of Law
Susan Buckley – Cahill Gordon & Reindel LLP, First Amendment Senior Counsel
Mark Conrad – Fordham University Gabelli School of Business, Associate Professor

To see the video from this panel, check out our YouTube channel.

Our theme song is Roller Blades by Otis McDonald.
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This week, Online Editor Christina Sauerborn and Guest Tax Correspondent Jessica Drake talk with Ted Mlynar and Ira Schaefer, Partner and Senior Counsel, respectively, at Hogan Lovells LLP. Ted and Ira previously chatted with us back in Episode 38 about blockchain technology and smart contracts. In this episode, they are back to discuss the many taxation issues of cryptocurrencies and cryptocurrency transactions, focusing on the limited guidance from the IRS and what taxpayers may need to report by April 17.

Ted and Ira's bios can be found on the Hogan Lovells website.

Our theme song is Roller Blades by Otis McDonald.
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This week, we’re proud to bring you our second installment of the 25th Annual IPLJ Symposium, “European Union Comparative Law.” This panel compares European hate speech laws with America’s First Amendment, using the comparison to hold a broader conversation about media and regulating speech.

Moderated by Professor Martin Flaherty, Fordham University School of Law; Co-Director, Leitner Center for International Law and Justice
Nico Van Eijk – University of Amsterdam, Professor of Media and Telecommunications Law; The Institute for Information Law, Director
Carrie DeCell – The Knight First Amendment Institute at Columbia University, Staff Attorney

Just a head's up that IPLJ is taking a much-needed Spring Break!  We'll be back in two weeks, on Friday, April 6, with another all-new episode.

To see the video from this panel, check out our YouTube channel.
Our theme song is Roller Blades by Otis McDonald.

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