Advertising, Marketing & Promotions; Entertainment, Media & Publishing; Intellectual Property; Technology, Digital Media & Privacy
hweingrad@dglaw.com
V-CARD hweingrad@dglaw.com
Howard R. Weingrad is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Publishing; Intellectual Property and Technology, Digital Media & Privacy Practice Groups of Davis & Gilbert. He counsels leading advertising and media companies in all aspects inherent in the creation, production and distribution of regional, national and global advertising campaigns.
Mr. Weingrad has been recognized as a leading lawyer for advertising law by Chambers USA: America’s Leading Lawyers for Business for six consecutive years (2007-2012). He is renowned for his expertise with matters involving unions and the Screen Actors Guild, with clients describing him as “the go-to guy on Screen Actors Guild issues.” Mr. Weingrad has also been recognized by The Legal 500 U.S. for four consecutive years (2009-2012) for his expertise in the area of advertising and marketing, and he is described as “astute, well-liked and business-focused.” He has also been recognized as one of The Best Lawyers in America in advertising law (2011-2013).
In addition to handling a wide range of copyright, trademark, unfair competition, rights of privacy and publicity, music licensing and other intellectual property issues, a significant portion of Mr. Weingrad’s practice is devoted to broadcast and digital advertising production matters, including negotiating and structuring agreements governing the use of celebrity talent and commercial productions, and advising on complex social media advertising matters. Mr. Weingrad is one of the country’s leading experts in matters involving the complex provisions and implications of the Screen Actors Guild and other advertising and entertainment industry collective bargaining agreements.
REPRESENTATIVE ENGAGEMENTS
- Represented Luxottica Group, the world's biggest eyewear company (with brands including Ray-Ban, Persol, Oakley and Oliver Peoples), in a talent deal with the Zooey Deschanel involving complex union and talent matters concerning the production of branded entertainment content.
- Represents The Kaplan Thaler Group, Ltd, one of the top advertising agencies owned by the French advertising media communications holding company, Publicis Group. Recently represented Linda Kaplan Thaler, the principal of the company, personally in her contract negotiations with Mark Burnett and CBS involving the hiring of Ms. Kaplan as a host of the new CBS television program "Jingles."
- Represented Ogilvy & Mather in a complex music deal involving a cross promotion with the music production company and the band, Beacon Street. Handled all of the negotiations for Ogilvy and its client, BP Amoco, including the drafting of various music agreements involving the distribution and sale of the music across various multi-media platforms.
- Represented Elias with the principals of the company and its operating personnel on the contract negotiation and drafting, and the analysis of the musical compositions on a copyright basis. Elias is one of the top music houses, where a company, an advertiser or an agency needs music to be composed and created.
- Represented XM Radio over the years on various issues relating to its ability to market, promote and sell itself, as well as certain key copyright issues relating to its core products. Ongoing representation in talent union issues with respect to certain talent used in marketing materials. XM Radio is one of two satellite radio companies in the United States.
- Represents Honeyshed, LLC, a new production company and digital innovator who has created one of the first original branded entertainment video channels on the Internet. The channel combines original web content with product and branded integrations, as well as streamed and posted user generated content exploring the depths of young viewer’s interests in entertainment, shopping and social media, all at the same time.
- Represented clients in initiating and defending advertising and guild agreement-related disputes, including the "Fat Boys" case, Tin Pan Apple v. Miller Brewing Co., the "James Dean" case and Curtis Management v. McDonald's.
- Defended Wieden + Kennedy in a significant Screen Actors Guild pension and health dispute involving Nike athlete endorsers.
SPEAKING ENGAGEMENTS
Association of Music Producers Legal Forum, May 21, 2013
"Lawyers on the Clock," The Association of Independent Commercial Producers Conference, October 26, 2010
"Hot Topics Concerning Music Licensing For Advertising," Promotion Marketing Association Webinar, September 23, 2010
"Working With Talent Unions," American Conference Institute, The 15th National Advanced Corporate Counsel Forum on Advertising Law, June 6-7, 2005
PUBLICATIONS
Co-Author, "After Recent Celebrity Endorser Social Media Flubs, Contract Changes May Be Advisable," D&G Advertising, Marketing & Promotions Alert, March 2013
Co-Author, "Post-Mortem Right of Publicity under New Jersey Law Is Limited to 50 Years," D&G Advertising, Marketing & Promotions Alert, December 2012
Co-Author, "Court Finds Press Release Was a “Commercial Use” in Right of Publicity Case," D&G Advertising, Marketing & Promotions Alert, October 2012
Co-Author, "Court Rejects Federal Criminal Charges against Host of High-Stakes Poker Games," D&G Advertising, Marketing & Promotions Alert, September 2012
Co-Author, "Models Must Be Paid On Last Day Of Photo Shoot Under California Labor Law," D&G Advertising, Marketing & Promotions Alert, December 2011
Author, "Arbitrator Levels Playing Field for SAG P&H Allocation Disputes," D&G Legal Development Alert, July 7, 2008
Co-Author "Court Delivers Bitter Result to Coffee Company in Right of Publicity Case," The Metropolitan Corporate Counsel, April 2005
Co-Author "Music and the Right of Publicity in Commercial Advertising," Competition: The Journal of the Anti-Trust and Trade Regulation Section of the State Bar of California.
PRESS
Quoted, The Wall Street Journal Law Blog, "A 'Hope'ful Lawsuit: Sizing up Fairey v. AP," posted by Dan Slater, February 10, 2009
BAR ADMISSIONS
New York
U.S. District Court, Southern and Eastern Districts of New York
EDUCATION
Fordham University, J.D., 1987
Tulane University, B.A., cum laude, 1981
REPRESENTATIVE ENGAGEMENTS
- Represented Luxottica Group, the world's biggest eyewear company (with brands including Ray-Ban, Persol, Oakley and Oliver Peoples), in a talent deal with the Zooey Deschanel involving complex union and talent matters concerning the production of branded entertainment content.
- Represents The Kaplan Thaler Group, Ltd, one of the top advertising agencies owned by the French advertising media communications holding company, Publicis Group. Recently represented Linda Kaplan Thaler, the principal of the company, personally in her contract negotiations with Mark Burnett and CBS involving the hiring of Ms. Kaplan as a host of the new CBS television program "Jingles."
- Represented Ogilvy & Mather in a complex music deal involving a cross promotion with the music production company and the band, Beacon Street. Handled all of the negotiations for Ogilvy and its client, BP Amoco, including the drafting of various music agreements involving the distribution and sale of the music across various multi-media platforms.
- Represented Elias with the principals of the company and its operating personnel on the contract negotiation and drafting, and the analysis of the musical compositions on a copyright basis. Elias is one of the top music houses, where a company, an advertiser or an agency needs music to be composed and created.
- Represented XM Radio over the years on various issues relating to its ability to market, promote and sell itself, as well as certain key copyright issues relating to its core products. Ongoing representation in talent union issues with respect to certain talent used in marketing materials. XM Radio is one of two satellite radio companies in the United States.
- Represents Honeyshed, LLC, a new production company and digital innovator who has created one of the first original branded entertainment video channels on the Internet. The channel combines original web content with product and branded integrations, as well as streamed and posted user generated content exploring the depths of young viewer’s interests in entertainment, shopping and social media, all at the same time.
- Represented clients in initiating and defending advertising and guild agreement-related disputes, including the "Fat Boys" case, Tin Pan Apple v. Miller Brewing Co., the "James Dean" case and Curtis Management v. McDonald's.
- Defended Wieden + Kennedy in a significant Screen Actors Guild pension and health dispute involving Nike athlete endorsers.
SPEAKING ENGAGEMENTS
Association of Music Producers Legal Forum, May 21, 2013
"Lawyers on the Clock," The Association of Independent Commercial Producers Conference, October 26, 2010
"Hot Topics Concerning Music Licensing For Advertising," Promotion Marketing Association Webinar, September 23, 2010
"Working With Talent Unions," American Conference Institute, The 15th National Advanced Corporate Counsel Forum on Advertising Law, June 6-7, 2005
PUBLICATIONS
Co-Author, "After Recent Celebrity Endorser Social Media Flubs, Contract Changes May Be Advisable," D&G Advertising, Marketing & Promotions Alert, March 2013
Co-Author, "Post-Mortem Right of Publicity under New Jersey Law Is Limited to 50 Years," D&G Advertising, Marketing & Promotions Alert, December 2012
Co-Author, "Court Finds Press Release Was a “Commercial Use” in Right of Publicity Case," D&G Advertising, Marketing & Promotions Alert, October 2012
Co-Author, "Court Rejects Federal Criminal Charges against Host of High-Stakes Poker Games," D&G Advertising, Marketing & Promotions Alert, September 2012
Co-Author, "Models Must Be Paid On Last Day Of Photo Shoot Under California Labor Law," D&G Advertising, Marketing & Promotions Alert, December 2011
Author, "Arbitrator Levels Playing Field for SAG P&H Allocation Disputes," D&G Legal Development Alert, July 7, 2008
Co-Author "Court Delivers Bitter Result to Coffee Company in Right of Publicity Case," The Metropolitan Corporate Counsel, April 2005
Co-Author "Music and the Right of Publicity in Commercial Advertising," Competition: The Journal of the Anti-Trust and Trade Regulation Section of the State Bar of California.
PRESS
Quoted, The Wall Street Journal Law Blog, "A 'Hope'ful Lawsuit: Sizing up Fairey v. AP," posted by Dan Slater, February 10, 2009
BAR ADMISSIONS
New York
U.S. District Court, Southern and Eastern Districts of New York
EDUCATION
Fordham University, J.D., 1987
Tulane University, B.A., cum laude, 1981
