Thursday, September 26 | 2:00 - 3:00 p.m.
Center Street B
Welcome to the Jungle:
Music, Entertainment, and IP
Restructuring is used as a tool in more and more music, entertainment, IP, and licensing deals. And, as more forms of media shift to online streaming and other new distribution mechanisms, how will reorganization and restructuring protocols value and adapt to new asset technologies? Our panel will address this question, including through a discussion of real-life transactions involving entertainment related IP assets.
1.0 CLE accredited in Delaware, Illinois, Ohio, Pennsylvania, and Texas. Other jurisdictions pending.
1.2 CPE credits in Business Law
Prerequisites: Basic knowledge of financial and operational restructuring
Who Should Attend: All restructuring professionals are welcome
Advanced Preparation: None
Program Level: Basic
Delivery Method: Group Live
Refunds and Cancellation: Notification of cancellation must be submitted via email to firstname.lastname@example.org. Phone cancellations are not accepted. Cancellations received on or before Monday, September 9 will be refunded less a $250 processing fee. Cancellations received after September 9 will not be refunded.Turnaround Management Association (TMA) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State Boards of Accountancy have the final authority on the acceptance of individual course for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
Mark Avsec, Benesch, Friedlander, Coplan & Aronoff, LLP
Melissa Hager, Kelley Drye & Warren LLP
Andy Mitchell, Lantern Capital Partners
Joshua Pichinson, Sherwood Partners
Moderated by Allen Kadish, Archer & Greiner, P.C.
Mark E. Avsec is a partner and Vice Chair of the Innovations, Information Technology & Intellectual Property (3iP) Practice Group. He is also Co-Chair of Benesch’s Sports and Entertainment Group and leads Benesch’s 3D Printing Legal Team.
A copyright, trademark, and media lawyer by trade, and a litigator and business attorney, Mark focuses his practice on “old” and “new” media issues, consumer products, technotainment (including music and other entertainment-related technology licensing matters), and general mobile commerce. Mark provides general legal support to various types of museums, technology and software companies, consumer products companies, and media, music, film, creative content, and content distribution companies. His practice focuses on complex technology licensing deals involving creative content, 3D-printing industryrelated counseling, copyright, trademark, and trade dress litigation, copyright and trademark prosecution, fair use and rights of publicity/privacy counseling, celebrity endorsements, and an expertise in privacy and data security compliance. Before becoming a lawyer, Mark earned a living as a studio musician, producer and songwriter, writing over 500 songs and producing or performing on more than 35 albums for, among other artists, Carlos Santana (“Angel Love”), Bon Jovi (“She Don’t Know Me”), Donnie Iris (“Ah! Leah!” and “Love Is Like A Rock”), Mason Ruffner (“Gypsy Blood”) and Wild Cherry (“Play That Funky Music, White Boy”).
Mark is an American Music Award winner and has been nominated for two Grammy Awards. He was a member of Wild Cherry and is the founding member of Donnie Iris and the Cruisers. As keyboardist for Wild Cherry, Donnie Iris, Breathless, and Mason Ruffner, Mr. Avsec performed in concert with, among others, Carlos Santana, Stevie Wonder, Michael Jackson, Average White Band, Loverboy, Bon Jovi, Nazareth, Ted Nugent, Joan Jett, Cheap Trick, The Commodores, Earth, Wind and Fire, The Isley Brothers, George Benson, Chuck Mangione, Journey, Brothers Johnson, Chaka Kahn and Rufus, Natalie Cole, Graham Central Station, The Ohio Players, Tower Of Power, ABBA, George Clinton and the Funkadelics, Bootsy Collins, The O’Jays, KC and the Sunshine Band, The Fabulous Thunderbirds, Dr. John, Stevie Ray Vaughan, Foreigner, UFO, The Romantics, Hall & Oates, KISS, The Iron City Houserockers, Foghat, Triumph, Huey Lewis and The News, and Eddie Money. He has performed on many television shows, including The Grammy Awards, Midnight Special, Don Kirshner’s Rock Concert, The Merv Griffin Show, and The Dinah Shore Show.
Mark regularly teaches and is a frequent speaker on entertainment, intellectual property, and media topics. He serves as an Adjunct Law Professor at Case Western Reserve University School of Law, where he has taught “Law of the Music Industry” since 2003. He is also a faculty member at the Great Lakes Sports and Entertainment Academy, a joint program of Case Western Reserve University School of Law and Cleveland Marshall College of Law, Cleveland State University, where he has taught music and entertainment law since 2012. He has participated as a faculty member for the Federal Judicial Center and the Berkeley Center for Law & Technology where he has presented on copyright law basics and infringement analysis to federal judges with Professors David Nimmer and Peter Menell at the University of California, Berkeley, Boalt School of Law.
Mark has served the Cleveland community in the past as a chairperson of The Volunteer Lawyers for the Arts section of The Cleveland Bar Association, a member of the Board of Trustees of the Contemporary Youth Orchestra, and a member of the Cleveland Foundation’s Rock and Roll Hall of Fame Foundation Scholarship Fund Selection Committee. Mark is currently a member of ASCAP, the Dean’s Visiting Committee of Cleveland State University’s College of Liberal Arts and Social Sciences, and the Board of Trustees of the Cleveland Metropolitan Bar Association. He was recently appointed by Cuyahoga County Executive Armond Budish to serve on the Cuyahoga Arts & Culture’s Board of Trustees.
Mark earned his B.A. summa cum laude in 1992 and his J.D. magna cum laude in 1994 from Cleveland State University. He is a ranked lawyer in Chambers USA 2015 and Chambers USA 2016, and has been named an Ohio “Super Lawyer” for Intellectual Property several times. He is a member of the Leadership Cleveland Class of 2014. He was named one of Cleveland State University’s most fascinating alumni in conjunction with the school’s 50th anniversary celebration.
Melissa Hager, Kelley Drye & Warren LLP
Melissa Hager has extensive experience advising a wide array of clients in complex business reorganizations, debt restructurings, asset sales, and insolvency matters throughout the country. Her clients include official and ad hoc creditors’ committees, unsecured and secured creditors, debtors, lenders, landlords, and financial institutions in numerous industry sectors including energy, oil and gas, retail, real estate and real estate development, manufacturing, food service, and telecommunications. Melissa also advises bankruptcy examiners, bankruptcy trustees, liquidating trustees, and other post-confirmation creditor fiduciaries.
Melissa received her B.A. cum laude from Providence College and her J.D. magna cum laude from Quinnipiac School of Law. Melissa is admitted to practice in New York and Connecticut, the Southern, Eastern, Western and Northern Districts of New York and the District of Connecticut.
Melissa serves as the U.S. Networks Director for the International Women’s Insolvency & Restructuring Confederation and the President of workOUT Professionals.
Andy Mitchell, Lantern Capital Partners
Andy Mitchell is the Founder, CEO and Managing Partner of Lantern Capital Partners. Mr. Mitchell brings over twenty years of investment management, financial advisory, capital markets and restructuring experience. His professional investment and advisory experience includes Cerberus Capital Management, Centerbridge Partners, Ally Financial’s Global Special Assets Group, Houlihan Lokey’s and PricewaterhouseCoopers’ restructuring groups. He serves on several boards including, among others, American Zinc Recycling (specialty zinc business), Goodbulk, Ltd (shipping and transportation), Lantern Entertainment (media and entertainment) and Bluejack National (hospitality).
Prior to joining Lantern, Mr. Mitchell led Ally Financial’s Global Special Assets Group (SAG) and served as President of the Business Capital Group, where he led the turnaround and management of non-performing portfolios in the United States, Canada, Mexico and the United Kingdom. During Mr. Mitchell’s tenure, these divisions managed more than 300 investments including approximately $5 billion of debt and equity positions. As part of Ally’s transformation to a bank holding company, Mr. Mitchell led the creation of the SAG and policies related to the management of special assets and watch-list credits. He also chaired Ally’s SAG Investment Committee and worked with the Federal Reserve and other regulators on related compliance issues.
Mr. Mitchell joined Ally from Cerberus Capital Management where he focused on originating and managing distressed or opportunistic investments across the entire capital structure, including both debt and equity.
He also worked for the financial restructuring group of Houlihan Lokey and PricewaterhouseCoopers as financial and operations advisor (including interim management) to middle market companies both in and out of court.
Mr. Mitchell has led and assisted in numerous major and middle market transactions across a variety of industries including: complex restructurings, recapitalizations, private placements, distressed mergers and acquisitions and valuations of distressed and healthy companies. He has been a speaker on restructuring topics at several conferences and universities and is a member of the Turnaround Management Association.
Mr. Mitchell has a bachelor’s degree in business administration with a double major in finance and accounting from TCU. He lives with his wife Kristin and four children in Dallas, Texas.
Joshua Pichinson, Sherwood Partners
Joshua Pichinson is the Managing Director of agencyIP; a sister company of Sherwood Partners, Inc. which is a leading corporate advisory and restructuring firm since 1992. Since 2013, Joshua has actively lead agencyIP’s IP due-diligence, licensing, sales, and commercialization efforts. With a focus on maximizing value of assets in a variety of industries and with a diverse set of clients, including individual inventors to Fortune Companies. He has been able to deliver winning strategies for both tangible and intangible assets including patents, trademarks, copyrights, trade-secrets and software.
Joshua has negotiated sales and licensing deals of a wide range of technologies across a diverse set of industries, keeping him in constant demand. Joshua has been on numerous panels, focusing on intangible assets, and was recently acknowledged by IAM Strategy 300 as one of The World’s Leading IP Strategists, in 2019.
Allen Kadish, Archer & Greiner, P.C.
Allen G. Kadish practices in the areas of business law, corporate crisis management, complex transactions, Chapter 11 restructurings, workouts, creditors’ rights and business litigation. His clients have included distressed and non-distressed businesses in transition, corporate borrowers in debt transactions, debtors, creditors, lenders, vendors, fiduciaries, purchasers, investors, committees and others in- and out-of-court. Allen has represented parties involved with reorganization and restructuring issues in a wide range of industries, including airline, arts and entertainment, automotive, communications, construction, e-commerce, electronics, energy, environmental, fashion, financial services, gaming, healthcare, investment capital, jewelry, manufacturing, media, oil and gas services, real estate, retail, sports, technology and transportation.
Allen was a member of the global Board of Directors of the Turnaround Management Association for 2017-2018 and was 2016 Chairman and 2015 President of the TMA – New York Chapter. Allen serves as a co-chair of the TMA Global-2019 Annual Conference Planning Committee, and as a co-chair of the TMA Global – 2019 Turnaround and Transaction Award Committee. Allen is a member of the American Bankruptcy Institute, the Association of the Bar of the City of New York, the New York State Bar Association and the American Bar Association. He is a member and board member emeritus of WorkOUT Professionals.
Allen received his B.A. in 1983 from Rutgers College and his J.D. in 1986 from the Benjamin N. Cardozo School of Law at Yeshiva University. Allen is admitted to practice in New York and New Jersey, the Southern and Eastern Districts of New York, the District of New Jersey, and the United States Court of Appeals for the Second Circuit.
Allen served as law clerk to the Hon. Manuel D. Leal, Jr., of the United States Bankruptcy Court for the Southern District of Texas at Houston (1986-88).
Allen represents or has represented, among others, several troubled privately held businesses in various industries; an Illinois school district in the Sears Chapter 11 cases; a fashion manufacturer and retailer in the acquisition, through Chapter 11, of a couture brand; the lead transaction party and secured creditor in an oil and gas production restructuring; a not- for-profit New York office building in Chapter 11; an international high-end jewelry business in distress; a lessor of cell towers in two national media buildings restructuring; the ownership entities of 12 rent-stabilized buildings in Chapter 11; a distressed monthly subscription-box business in an out-of-court private sale; a high net worth individual in Chapter 11; a mechanic’s lien-holder in a Chapter 11 case; the official committee of unsecured creditors of New York City taxi medallion owners in Chapter 11; purchasers of New York City real estate out of Chapter 11; a not-for-profit healthcare organization in an acquisition of a community healthcare facility; lenders to a medical device manufacturer; the official committee of unsecured creditors of an environmental not-for-profit; a real estate consultant to a bankruptcy trustee; the official committee of unsecured creditors in a New York real estate reorganization; a large, wholesale travel agency in a claim dispute in the American Airlines bankruptcy; a group of former partners of a distressed law firm; the acquirer of rural New York real estate in a Delaware bankruptcy; a financial services firm in financing transactions; a jewelry retailer in business expansion; a healthcare consulting practice in financial distress; a Florida bank in the Lehman Brothers bankruptcy with a multi-million dollar swap investment; the receiver of distressed real estate in bankruptcy cases; a Florida Jai Alai enterprise in New York litigation with lenders; a commercial landlord in the Chapter 11 case of its restaurant tenant; the CEO of a multi-billion-dollar education publisher in the publisher’s Chapter 11 reorganization; the mortgage holder in the acquisition through Chapter 11 of New York commercial real estate; a national passport expediting business in obtaining reversal of the suspension by the U.S. State Department of authority to operate; institutional investors with respect to bankruptcy issues implicated in a wind-farm acquisition; an international media conglomerate in respect of the financial distress of a domestic cable television subsidiary; a tech business on restructuring issues in bet-the-company litigation; the BVI liquidator of an international chemical manufacturer through a Section 363 sale and plan in Chapter 11; a national retailer as purchaser of apparel brands and mall leases out of Chapter 11; an international performing arts organization in structuring financing transactions; a financial services business in receivership and Chapter 11; the secured lender in a contested, involuntary, single-asset real estate case; an umbrella, not-for-profit arts organization in creating bankruptcy materials for members; a Florida medical group in bet-the-practice litigation with former partners; a New York City taxi industry contractor in the bankruptcy of a direct competitor; a New York restaurant group as defendant in complex avoidance actions; a post-confirmation plan fiduciary in claim and other post-effective date litigation; fiduciaries in assignment proceedings; receivers; and standing and specially appointed trustees and examiners in scores, and a wide variety, of cases.
Allen is also a qualified mediator having been certified by the American Bankruptcy Institute 40-hour bankruptcy mediation program at St. John’s University School of Law and is an approved mediator for the United States Bankruptcy Courts for the Southern and Eastern Districts of New York.