AMEC’S EMERGING LEADERS BOARD
~ UPCOMING EVENTS ~
- October 24th – AMEC’s ELB/Beverly Hills Bar Association Co-Branded Mixer. Time and location to be announced. Please note that this event will be limited to admitted attorneys only.
- November 19th – AMEC’s ELB End of Year Holiday Party. Time and location to be announced.
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We are especially excited about next year’s Counsel of the Year Awards as it will be our Twentieth Anniversary! We’ve locked in the date of January 16, 2025, and it will be held at the Westdrift in Manhattan Beach.
Attached please find our sponsorship brochure. We ask that you share it with your firms and other legal professionals you think might be interested in this opportunity. We’d like to start locking in our sponsors by the end of August.
Please let me know if you have any questions regarding the sponsorship or the Awards. And don’t forget to send me those nominations!
Monique Happy
Executive Director
AMEC
mhappy@theamec.org
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ANNOUNCING THE BLACK SWAN AWARD FOR INNOVATION IN
THE STUDY, TEACHING, OR PRACTICE OF ENTERTAINMENT/MEDIA LAW
As part of the 20th Anniversary Celebration, AMEC will introduce a new category for the Counsel of the Year Awards: The Black Swan Award for Innovation in the Study, Teaching, or Practice of Law. This award celebrates groundbreaking advancements that defy conventional expectations and significantly impact the legal field. It recognizes rare and transformative innovations that disrupt traditional paradigms, highlighting individuals, teams, or organizations pushing the boundaries of legal scholarship, pedagogy, or practice.
Nominees for the Black Swan Award demonstrate exceptional creativity, vision, and ingenuity in their approach to legal research, education, or advocacy. Whether through pioneering technological solutions, novel teaching methodologies, or visionary legal strategies, recipients of this prestigious honor make remarkable contributions to the evolution and improvement of the legal profession.
Judged on the basis of originality, impact, and sustainability, the Black Swan Award acknowledges those who challenge the status quo and inspire others to rethink existing norms and conventions. By honoring innovation in the study, teaching, or practice of law, this award encourages continued experimentation and exploration, fostering a culture of forward-thinking excellence within the legal community.
Please submit your nomination to: mhappy@theamec.org.
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20th Anniversary Celebration Of The Counsel of the Year Awards
CALL FOR NOMINATIONS
CELEBRATING LEGAL EXCELLENCE
Step into the realm of greatness as the Association of Media and Entertainment Counsel (AMEC), an illustrious organization with an esteemed 20-year legacy, beckons forth the crème de la crème of legal minds. With over 14,000 distinguished in-house counsel and business luminaries hailing from renowned studios, networks, Guilds, talent agencies, and leading entertainment and media conglomerates, AMEC proudly presents its most momentous occasion yet – the Annual Counsel of the Year Awards.
Mark your calendars and prepare for an unforgettable evening on January 16, 2025, as we honor the paragons of legal prowess across a spectrum of categories:
Black Swan Award
PwC Daniel Brandhorst Dealmaker of the Year (Talented Dealmaker)
Rising Star (Shining Bright with less than 10 years of law practice)
Music Counsel
Sports Counsel
Labor and Employment Counsel
Technology and New Media Counsel
Public Counsel (Governmental Agency/Non-Profit)
Live, Hospitality, & Location-Based Entertainment Counsel
Excellence in Alternative Dispute Resolution (Expert Mediator, Arbitrator, Referee/Special Master, Neutral Evaluator)
Excellence In Legal Education
Law Firm of the Year
In a special commemoration of our 20th anniversary, each honoree will receive an exclusive 20th-anniversary commemorative award, crafted to mark this historic milestone. These commemorative awards will be retired after the ceremony, making them a cherished symbol of distinction for years to come.
To nominate an outstanding candidate, kindly provide the following details:
Name
Title
Organization
Contact Details
Should you prefer to keep your nomination anonymous, please let us know.
Seize this momentous opportunity and submit your nominations now to AMEC Executive Director Monique Happy at mhappy@theamec.org. Prepare to bear witness to the ascent of legal legends as they are rightfully acknowledged at the 2025 Counsel of the Year Awards.
For a glimpse into our esteemed past honorees, click here.
PLEASE NOTE: Except for the Law Firm of the Year category, nominations and honorees are limited to in-house counsel only.
We are getting an early start on the nomination process so you don’t miss your chance to be a part of this historic celebration of legal excellence!
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Memorable Moments: Relive The Excitement Of
The 2024 Counsel Of The Year Awards In The Highlights Video
We are thrilled to highlight the exceptional work of the media and entertainment legal community at the 2024 Counsel of the Year Awards. As the only organization of its kind, AMEC plays a pivotal role in our industry, providing cutting-edge legal seminars, invaluable networking opportunities, and, perhaps most importantly, recognizing the outstanding but often overlooked achievements of in-house counsel across studios, networks, guilds, talent and management agencies, and all the major entertainment and media companies.
From navigating complex contracts to safeguarding creative rights, this year’s honorees are the unsung heroes behind the scenes, ensuring that the magic of storytelling thrives while upholding the highest standards of integrity and legality. Their inspiring acceptance speeches, filled with passion and gratitude, serve as a testament to their dedication and vision.
The atmosphere at the event was nothing short of electrifying, with industry leaders, influencers, and rising stars coming together to celebrate our collective achievements. It was a night filled with inspiration and camaraderie, reminding us all of the incredible impact we can make when we collaborate and support one another.
As we reflect on this unforgettable evening, we eagerly anticipate the milestone 20th Anniversary Counsel of the Year Awards ceremony on January 16th, 2025! (Click here for the 2024 Counsel of the Year Awards Recap Video)
Save the date, as we continue to honor and elevate the brightest lights in our industry!
#CounselOfTheYear #MediaExcellence #EntertainmentIndustry #Inspiration #20thAnniversaryCelebration #2025COTYA
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Behind the Glamour – Investigating Workplace
Harassment in Hollywood
Investigations in Hollywood: It’s the Same, But Different
by Michael A. Robbins and Matthias H. Wagener
From the perspective of a workplace investigator, the entertainment industry is unique. (It is unique for other reasons as well.) This article explores the differences in conducting investigations in the entertainment industry and provides practical guidance for both the investigators conducting them and the companies engaging those investigators. This guidance also extends to similar issues that may arise in other industries.
1. Employment Relationship and Access to Witnesses
In most industries, the parties and the bulk of the witnesses are employed by the same employer. This is convenient for workplace investigators because it usually allows relatively easy access to witnesses (at least those who are current employees). Similarly, sometimes there is a single employer in entertainment investi- gations, such as when a single motion picture studio produces a movie, hires all the actors and staff on the production, and then distributes the movie as well. But the question “who is the witness’ employer?” in entertainment investigations is often not that simple, and this can create challenges regarding access to witnesses.
For example, sometimes a studio will contract with a production company to produce a film, and the production company will sim- ply rent a sound stage for filming. In some of those situations, the rental agreement only grants use of the four walls of the sound- stage, so the production company has to hire all production per- sonnel. Other times, while the “above-the-line” employees (actors, directors, writers, and producers) may be employed by the produc- tion company, the “below-the-line” employees (such as camera operators, electricians, grips, art directors, costume designers, hair stylists, post-production editors, set decorators, sound engineers, drivers, and carpenters) may be employed by the studio that owns the soundstage.
Additionally, while there are many well-established production companies, it is fairly common for a production company to exist only for a specific project (e.g., for a particular TV or film production). After the project is over, the production company disbands. To further complicate matters, a project that is shot in multiple locales may have to utilize different below-the-line-employees in each locale, who may work for different production companies. Some production staff also might be needed for only a single day to shoot a particular scene.
To read the full article, click here
Reprinted with permission of Association of Workplace
Investigators (AWI). Copyright 2022.
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To Require Confidentiality or Not to Require Confidentiality:
That is the Question
(or, Whether ‘tis Nobler to Follow the Whims of the NLRB or
the Requirements of the EEOC)
Michael Robbins, EXTTI Incorporated
A conflict between the approaches of the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) regarding the propriety of confidentiality admonitions has put workplace investigators into an untenable situation.
Maintaining confidentiality in workplace investigations (at least to the extent possible) has long been a hallmark of proper investigation procedures. For example, in Roby v. CWI, Inc. d/b/a Camping World, Inc., 579 F.3d 779 (7th Cir. 2009), the US Court of Appeals found an employer’s workplace investigation “reasonable” in part, because “it performed an investigation, instructed interviewees that the information was confidential, [and] fired [an employee] when he breached confidentiality.”
Consistent with this view of confidentiality, the EEOC in its 1999 Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors discussed the importance of confidentiality in workplace investigations. On April 29, 2024, the EEOC issued a revised Guidance (the Enforcement Guidance on Harassment in the Workplace) which again stressed the importance of confidentiality in workplace investigations.
Many state courts and administrative agencies followed this approach. For example, an early California case, Silva v. Lucky Food Stores, Inc., 65 Cal. App. 4th 256 (1998) discussed the propriety of the company’s investigation including that the investigator “maintained confidentiality” in the investigation.
And in 2017, the California Civil Rights Department (formerly the Department of Fair Employment and Housing) issued its Harassment Prevention Guide. Here too, the confidentiality of workplace investigations was delineated.
However, the view of the NLRB is entirely different.
After years of going back and forth on confidentiality requirements in workplace investigations, the NLRB’s latest pronouncement came out on August 2, 2023. In Stericycle, Inc. and Teamsters Local 628, 372 NLRB No. 113 (2023), the NLRB determined that it would not consider investigative confidentiality instructions as categorically lawful. Instead, it would separately scrutinize such instructions on their own merits. The NLRB’s concern related to employee rights to discuss terms and conditions of employment.
In other words, the NLRB would not consider confidentiality instructions given during a workplace investigation (even if only for a limited duration, such as until the end of the investigation) to be presumptively lawful. Unfortunately, the NLRB did this without providing any real guidance as to if, and when, confidentiality admonishments would be acceptable.
As a result, employers are left with a difficult choice: either to (1) follow the EEOC Guidance and case law, provide confidentiality admonishments, and (potentially) violate the National Labor Relations Act; or (2) follow the NLRB’s views, not give confidentiality admonishments, and (potentially) violate federal and state discrimination laws.
Hopefully, some guidance about this issue (particularly from the NLRB) will be provided in the future. In the meantime, investigators should discuss with their clients and their client’s counsel the risks and benefits of giving confidentiality admonishments.
Printed with permission of The Daily Journal. Copyright 2024
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Investigations in Hollywood – There’s No Business Like Show Business
by Matthias H. Wagener and Michael A. Robbins.
To read the full article, click here
Published in The Daily Journal (January 19, 2024)
Printed with permission of The Daily Journal. Copyright 2024
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Michael A. Robbins is the President of EXTTI Incorporated, a company he founded 26 years ago, offering Expert Testimony, Training, and Investigation Services in employment matters. He has led or supervised over 600 workplace investigations, with a strong focus on the Entertainment Industry. Before EXTTI, Michael was a Labor & Employment Attorney for 20 years. He is a Past President of the Association of Workplace Investigators and has held leadership roles in the Los Angeles County Bar Association and California Lawyers Association. He was elected a Fellow of the College of Labor and Employment Lawyers in 2013 and named Labor & Employment Counsel of the Year by the Association of Media & Entertainment Counsel in 2023.
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