Benjamin R. Mulcahy

Mr. Mulcahy is a partner in the Entertainment and Media Practice Group in the New York and Century City offices. He is also co-chair of the firm's Advertising Industry and Sports Industry Teams.

Areas of Practice

Benjamin R. Mulcahy represents studios, writers, and independent production companies in various aspects of motion picture and television development, production, finance and distribution, advising clients on traditional and digital feature film distribution agreements, joint development agreements, co-financing agreements, output agreements, first-look agreements, rights acquisition agreements and options, negative pick-up agreements and related financing documents, television series development and licensing agreements, reviewing chain of title, acting as production counsel and performing diligence on television, motion picture and other intellectual property libraries in connection with mergers and acquisitions in the entertainment industry. Mr. Mulcahy has represented such television networks and motion picture production companies as New Line Cinema, Focus Features, Paramount Vantage, ABC Cable Networks, ESPN and Columbia TriStar Home Entertainment, among others.

As one of the founding members of Sheppard Mullin's Advertising Industry and Sports Industry Teams, Mr. Mulcahy also represents and counsels major brands, prominent website operators, and advertising and marketing agencies in all aspects of sports marketing, entertainment marketing, interactive marketing, e-commerce and branded entertainment, preparing endorsement agreements and sponsorship agreements, implementing and avoiding ambush marketing campaigns, preparing and negotiating joint promotion alliances, analyzing and licensing, copyright, trademark, publicity and other intellectual property rights, reviewing and clearing long-form and short-form advertising copy in all media, structuring user-generated and professionally-produced content distribution and monetization initiatives, complying with privacy concerns, preparing advertising agency and media agreements, and advising clients in complying with state and federal anti-lottery and anti-gambling regulations governing some of the highest profile on-line and off-line contest and sweepstakes promotions in the country. In representing clients in their online initiatives, Mr. Mulcahy prepares content licensing agreements, website development agreements and online privacy policies and terms of use policies, negotiates online hosting, software licensing, ad serving, and ad insertion order agreements, and advises clients in complying with federal CDA and DMCA, anti-circumvention and safe-harbour provisions and state and federal legislation that affects e-mail marketing and online data collection such as CAN SPAM and COPPA. In connection with his advertising practice, Mr. Mulcahy has represented such companies as New Line Cinema, Picturehouse, DreamWorks Pictures, The Walt Disney Company, Paramount Pictures Corporation, Paramount Vantage, Miller Brewing Company, GSN - The Network for Games, Lions Gate Entertainment, Deckers Outdoor Corporation and The Marketing Store Worldwide.

Mr. Mulcahy began his career practicing entertainment litigation, representing clients in cases involving copyright and trademark infringement, profit participation, television and motion picture distribution, product placement, and production credit. He also litigated antitrust and civil racketeering cases in addition to serving pro bono as a Special Assistant City Attorney prosecuting gross-misdemeanor jury trials for the Los Angeles City Attorneys Office.

Mr. Mulcahy is a member of the firm's Executive Committee and has been ranked as one of the country's leading attorneys by The National Law Journal, which named him at the age of 36 to its annual "40 Under 40" list of leading lawyers under the age of 40. Mr. Mulcahy received a prestigious Burton Award, one of the highest literary honors in law, in 2008 for his legal writing on the virtual world Second Life, was selected for inclusion in the 2007 and 2008 editions of Chambers USA: America's Leading Lawyers for Business as a leading transactional Advertising Law attorney practicing in New York, was named a New York Super Lawyer, Entertainment and Sports, in 2007 by the editors of Law & Politics, and was recognized in 2007 by Lawdragon Magazine as one of the Leading Lawyers in America.

Education

• J.D., University of Minnesota, 1994, cum laude, National Moot Court, Minnesota Law Review
• B.A., Saint John’s University, 1991, magna cum laude

Clerkships

• Judicial Clerk for the Honorable Paul A. Anderson, Associate Justice of the Minnesota Supreme Court

Admissions

• California
• New York
• Minnesota
• U.S. Court of Appeals for the Eighth and Ninth Circuits and various federal district courts

Honors

• America's Leading Lawyers for Business as a leading transactional Advertising Law attorney practicing in New York, Chambers USA, 2007 and 2008
• Recipient of a Burton Award, one of the highest literary honors in law, in 2008 for his legal writing on the virtual world Second Life. The Burton Awards - "Dedicated to rewarding excellence, encouraging perfection, and defining the standards for others to follow in the profession of law."
• Ranked in the annual "40 Under 40" list of the country's leading attorneys under the age of 40, The National Law Journal
• Leading Lawyers in America, Lawdragon Magazine, 2007
• New York Super Lawyers, Entertainment and Sports, 2007

Memberships

• Member, Sheppard Mullin Executive Committee
• Government and Legal Affairs Committee, Promotion Marketing Association, the voice of the promotion and integrated marketing industry
• Law Firm Advisory Board, Association of Media & Entertainment Counsel, inspiring leadership for the future of the entertainment industry
• Member, New York City Bar Entertainment Law Committee

Articles

• Second Life Raises Novel IP Issues, The National Law Journal, December 3, 2007
• A New Roll of the Dice, New York Law Journal, September 25, 2006
• That's Advertainment!, Los Angeles Lawyer, May 18, 2006
• adbriefs - Fall 2005, September 16, 2005
• adbriefs - Winter 2004, December 7, 2004
• adbriefs - Spring 2004, August 9, 2004
• adbriefs - Fall 2003, November 17, 2003

• Editor of and contributor to www.coveringyourads.com, the firm's online blog covering issues related to the entertainment marketing, sports marketing, integrated marketing, branded entertainment and promotions industries.
• "User Generated Content Promotions: Are You As Safe As You Think You Are?", 2007 Promotion Marketing Association 27th Annual Law Conference Forms Guidebook, 7th Edition
• "Online Gambling: Are Promotions Agencies Making a Safe Bet?", 2005 Promotion Marketing Association 25th Annual Law Conference Forms Guidebook, 5th Edition
• "Online Gambling Ads: Who Has the Winning Hand," Minds in Media, a Media Newsletter Written by Broadcasters for Broadcasters (http://www.mindsmedia.com/), September 12, 2005
• "First Amendment Goes to the Back of the Bus in Rosa Parks Court Battle," United States Law Firm Group (http://www.uslfg.com/),Current News July 20, 2004
• "But I Didn't Mean That: Printing Errors in Promotions and What to do About Them," 2003 Promotion Marketing Association's 23rd Annual Law Conference Forms Guide, 3rd Edition
• "Movie Sweepstakes Promotions Require Careful Legal Planning," Los Angeles Daily Journal, September 27, 2002
• "Congratulations! You’ve Got the Part. Now What? - Feature Film Actor Agreements," International Association of Entertainment Lawyers, February 2001
• "Tech Wars - ‘Intercast’ Television Raises New Copyright Issues," Los Angeles Daily Journal, May 24, 1999

Ad Briefs Law Blog Articles

• "Cairns Patent Once Again Provokes The Promotions Industry To Re-Evaluat Online Promotional Games", March 24, 2008
• "Endorsement Agreements: Guild Jurisdiction and Allocation Guidelines Both Being Challenged, February 11, 2008
• "User Generated Content Promotions: Are You As Safe As You Think You Are?, February 11, 2008

Speeches

• Mr. Mulcahy is a frequent speaker on branded entertainment, sponsorship & endorsement deals, ambush marketing, and contest and sweepstakes law and is active in professional organizations including the Entertainment Law Section of the Beverly Hills Bar Association, the New York City Bar Association, the California State Bar Association, the Minnesota State Bar Association, the American Bar Association, and the American Conference Institute.