Overview

Robert J. Labate is co-chair of Holland & Knight's national Entertainment Law and Sports practice from two offices in California and Illinois and assists major media companies, performers and production companies with copyright, licensing, financing, content acquisition, production, digital distribution and music issues. He also advises media and entertainment clients regarding advertising, sponsorship and talent agreements as well as use of social media and websites.

Mr. Labate was an adjunct faculty member at DePaul University School of Law between 2007 and 2014 where he taught both "Corporate Workouts and Restructuring" as well as "The Law of Film and Television Production." His entertainment and transactional practice is recognized by Chambers USA, Best Lawyers in America and by Illinois Super Lawyers magazine. From 1998 to 2004, Mr. Labate was a regular legal contributor to a Chicago-based arts journal named PerformInk, and during that time he wrote more than 50 articles about various entertainment, media and copyright law topics of interest to the creative community.

Recent Entertainment law engagements include:

Feature Film and Media Projects

  • represent A-list performer with current film production agreements, including film and media productions with Netflix and other over-the-top (OTT) distributors
  • Provided analysis of royalty obligations in connection with royalty obligations resulting from 10-year licensing of catalogue of 40 films to leading Subscription Video on Demand (SVOD) provider
  • Served as production counsel and OTT distribution counsel to 2018 documentary which was nominated for Academy Award for Best Documentary Film
  • Served as finance and production counsel for the documentary film, "Life Itself," directed by Steve James, based on the memoir of late film critic Roger Ebert; the film was nominated for a 2016 Emmy Award
  • Served as production, finance and distribution counsel for the documentary film, "Abacus: Small Enough to Jail," from director Steve James, which follows the criminal trial of Chinese immigrant Sung family, owners of Abacus Federal Savings Bank of Chinatown, New York, who were accused of mortgage fraud by Manhattan District Attorney Cyrus R. Vance Jr. and who were acquitted on all 140 counts
  • Served as outside counsel to Kartemquin Films, a leading producer of documentary films in connection with ongoing film development production and distribution of six feature film projects
  • Assisted producer of several film projects for distribution on major Spanish-language television networks in the U.S., Mexico and Latin America
  • Represented national documentary film producer in connection with negotiating television /podcast rights for and financing of a feature documentary film and a documentary television series; the film was nominated for a 2016 Emmy Award, and the television series was a recipient of the Alfred I. DuPont-Columbia Award for /broadcast excellence
  • Represented a producer of digital media and advertising company in connection with development and licensing of "Hall of Fame" material for use with programming for a web portal designed for Spanish-speaking sports fans in the U.S. and Latin America

Copyright Infringement, Defamation and Right of Publicity Litigation

  • Represented a major media company and several of its television stations in a copyright infringement action regarding photographs used on station websites; the case was dismissed by consent of the parties soon after our Chicago Team filed, against the plaintiff, a motion to dismiss and for sanctions for discovery violations and for failure to comply with court orders
  • Assisted an international beverage company against claims of infringement by copyright owners of music used by the company in YouTube promotions
  • Represented a television station and its parent media company accused of failing to license more than 1,000 musical compositions used in four series of contest programs over a period of three years
  • Assisted the owner of three major grocery store chains and one of those grocery chains in connection with false and defamatory advertising campaign initiated by a competing supermarket chain

Media and Television – Transactional Media

  • Assisted a major Canadian media company with licensing of substantially all of its kids' programming content to a leading U.S. Subscription Video on Demand (SVOD) provider and provided analysis of potential licensing, royalty payment and infringement issues
  • Collaborated with other Media Practice Team members to develop and implement comprehensive copyright clearance programs for newsroom producers and, separately, for advertising executives at 90 television stations throughout the country; the program includes standard clearance procedures, fair-use guidance, agreements and licensing, webinars with station news directors and producers, and procedures for use of third-party materials such as images, photos and videos
  • Prepared and negotiated production, host and executive producer agreements for new celebrity-chef television series to air on A+E
  • Represented the producer of a Top 10 iTunes podcast series in connection with licensing, distribution and rights acquisition issues together with publication of a new book based on the podcast series
  • Advised celebrity chef on all media activities including participation in "Iron Chef Gauntlet" series premiering on Food Network
  • Negotiated host agreement for new television series premiering on DirectTV

Advertising, Sponsorship, Celebrity Endorsement and Promotional Agreements

  • Represent international footwear and sportswear company in connection with sponsorship, product integration, product collaboration and advertising agreements for major 2020 basketball event held in New York City; separately, represent same company in connection with sponsorship of unscripted sneaker design competition series for distribution on YouTube channel
  • Represent national cookware manufacturer with licensing of intellectual property (IP) and publicity rights from world-famous chef for exclusive use with all North American sale and distribution of cookware and appliances
  • Assisted an international airline in connection with licensing rights and acquisition agreements with a major movie studio and stars of an action/adventure motion picture, which were necessary for a promotional campaign including a Super Bowl TV commercial broadcast together with on-going advertising campaigns via television, social media, internet, billboards and in-airport displays
  • Represented a major cooperative with more than 2,200 stores in 60 countries in connection with endorsement and promotional services agreements with a sports celebrity and, additionally, with an advertising campaign featuring "person on the street" and employee interviews for distribution on network and cable television, new media, social media and on websites
  • Represented a national hotel chain in connection with a range of marketing, endorsement, sponsorship, master media buying and social media agreements
  • Prepared sections of national hotel chain's Outside Counsel Handbook concerning celebrity chef licenses and consulting agreements; celebrity endorsement agreements; termination of intellectual property licenses; and location agreements for film, television and media
  • Assisted a celebrity author and host of an interview program in connection with an endorsement and promotional services agreement with an international electronics company
  • Represented a celebrity chef in connection with the financing and opening of her new restaurant which recently received recognition as a Top 10 best new restaurant from a national food magazine and a national style magazine

Music

  • Represent Rock and Roll Hall of Fame composer, musician and performer in music licensing and for Broadway play production
  • Appointed as heirs representative in connection with negotiation of six major marketing, streaming, music publishing and catalogue distribution agreements for international artist who died in 2016
  • Represented international singer and performer in connection with documentary following series of international concerts for /broadcast premiere on the Fox network and assisted with performer's music video released in connection with her recent album release

Publishing

  • Negotiated worldwide publishing rights for music celebrity's book to be published in the U.S. in late 2020 and worldwide in 2021
  • Negotiated worldwide graphic novel publishing rights for celebrity client for publication in 2021
  • Assisted celebrity author and host of television and podcast programs with publishing agreement for most recent, best-selling book
  • Negotiated publishing agreement for prestigious Journal of the American Academy of Orthopedic Surgeons
  • Assisted international financial professional association with publishing agreement for its proposed journal
  • Assisted writer, political commentator and television personality with most recent publishing agreement for her new book

Credentials

Education
  • Case Western Reserve University School of Law, J.D.
  • Yale College, B.A., History
Bar Admissions/Licenses
  • California
  • Illinois
  • New Mexico
Court Admissions
  • U.S. District Court for the Northern District of Illinois
  • U.S. Supreme Court
Memberships
  • Lawyers for the Creative Arts, Board of Directors
  • Chicago Bar Association, Chair, Media and Entertainment Committee 2007-2008
  • Chicago Bar Association, Nominating Committee, 2008
  • American Bankruptcy Institute
  • American Bar Association, Litigation Section, Entertainment and Sports Industry Committee, Member
Honors & Awards
  • The Best Lawyers in America guide, Entertainment Law - Motion Pictures and Television, 2007-2020; Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2018-2020
  • Illinois Super Lawyers magazine, 2007-2018
  • New City Film 50: Chicago’s Screen Gems, 2015
  • Holland & Knight Public and Charitable Service All-Star, 2014
  • Chambers USA – America's Leading Business Lawyers guide, Media & Entertainment: Transactional, 2009-2019
  • Corporate Counsel Edition, Super Lawyers magazine, November 2009
  • Top Bankruptcy Lawyer, The Deal, 2007
  • Chicago Law Bulletin Leading Lawyer

Publications

Speaking Engagements

News