Ashlee Difuntorum authored a three-part series in the Daily Journal titled “Litigation Lessons for Entertainment Transactional Attorneys.” The series is designed as a practical guide for transactional counsel on how to prevent contract vulnerabilities that frequently trigger disputes in the entertainment industry.
In the first installment, “Litigation lessons for entertainment transactional attorneys: Nuanced contracting pitfalls,” Ashlee examines how vague contract language can impede dealmaking and invite disputes that would have never occurred had the correct, nuanced conversations been had between parties at the negotiation table before any contracts were agreed upon.
The second installment, “Litigation lessons for entertainment transactional attorneys: Influencer marketing,” covers the surge of lawsuits targeting brands and influencers over undisclosed paid partnerships on social media. Ashlee cautions that even though federal regulators may currently seem to be lightening enforcement in this area, there is no telling when that may change and private class-action suits are filling that gap with gusto. She outlines what brands and influencers need to be wary of and what both parties need to include in their contracts to reduce litigation exposure.
The third and final installment, “Litigation lessons for entertainment transactional attorneys: Unexecuted work-for-hire agreements,” addresses what happens when a creative professional contributes work to a project without a proper written agreement in place. Ashlee warns that without one, the creator could be free to take their work elsewhere since the company may not own the work outright, which allows for the company to “[compound] exposure across multiple legal theories simultaneously.”
Read Part 1, “Litigation lessons for entertainment transactional attorneys: Nuanced contracting pitfalls,” in the Daily Journal (subscription required).
Read Part 2, “Litigation lessons for entertainment transactional attorneys: Influencer marketing,” in the Daily Journal (subscription required).
Read Part 3, “Litigation lessons for entertainment transactional attorneys: Unexecuted work-for-hire agreements,” in the Daily Journal (subscription required).
