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Education

J.D., with distinction, University of the Pacific, McGeorge School of Law, 1995

B.A., California State University, Northridge, 1992

Bar Admissions

California

Affiliations

State Bar of California, Business Law and Intellectual Property Law Sections and Trademark Subcommittee



Scott M. Hervey

Contact information:
Shareholder
scott.hervey@weintraub.com
T: 310.860.3304 : 916.558.6065
F: 916.446.1611
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Practice Areas

Scott Hervey is a corporate and intellectual property attorney who works with companies in a variety of different industries. He represents technology companies, entertainment/new media companies, wineries, restaurants and all varieties of brand driven enterprises in licensing and acquisitions, financings, and other general business transactions. Scott also assists his clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board.

Scott’s entertainment practice is primarily in the area of television, music and independent films. Scott regularly represents television production companies and has served as counsel on television programming for NBC, E!, VH1, CMT, TruTV, Discovery, A&E, and FUSE.

Scott also represents new media and technology companies in a wide variety of matters including venture financing, acquisitions and general business issues. Scott previously served as the acting business affairs director for the publicly traded digital content company, Digital Music Group, Inc. (now The Orchard).

Scott has extensive knowledge and experience in trademark and copyright law. He has guided clients in a variety of industries (from gaming machine manufacturer Aristocrat Technologies, to the Palms Casino and Resort in Las Vegas, to retail operators such as The Berry Factory, publicly traded medical device company ThermoGenesis, to sports and entertainment figure Hulk Hogan) in the domestic and international trademark registration process for thousands of trademarks. Scott also assists his clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board.

From financing to operational matters, Scott has worked with a number of wineries, restaurants and other businesses in the club and concert venue industries. Among others, the Palms Casino and Resort in Las Vegas has added Scott to its team to provide advice and assistance in the operation of its restaurants, bars, clubs, lounges and concert venue.

Representative Transactions

Intellectual Property

  • Representation of companies in all industries in domestic and foreign trademark registration, maintenance and rights enforcement actions;
  • Representation of new media company in complex copyright infringement action;
  • Representation of new media technology company in a series of multi-million dollar content acquisition transactions;
  • Representation of software development company in multi-million dollar sale of company and international software development and technology transfer agreement with German technology university;
  • Representation of Hulk Hogan in various brand licensing transactions.

Music Industry

  • Represented of artists in negotiation recording agreements with major label (e.g., Universal) and large independent label (e.g., Savoy, Concord, Compass Records); representation of independent record labels in distribution, licensing and artist agreements;
  • Counsel for Palms Casino and Resort Hotel concert venue in transactions with national concert promoter, major concert series sponsors, and top tier talent.

Television Industry

  • Representation of Los Angeles based television production companies in negotiating agreements for the production of television programming for E!, VH1, CMT, TruTV, Discovery, A&E, and NBC;
  • Served as production counsel for various television and pay-per-view programs;
  • Representation of on-air talent in the negotiation of talent agreements for cable and network television programs.

Independent Film Industry

  • Served as acting business counsel director for independent film production company Redwood Palms Pictures in structuring film slate financing transactions, theatrical and home video distribution agreements for numerous pictures including Battle in Seattle, Numb, When a Man Falls in The Forest, and While She Was Out;
  • Structured a $6 million multi-film syndication financing transaction for 6 direct to video motion pictures;
  • Served as production counsel for numerous independent film projects.

New Media Industry

  • Served as acting director of business affairs for publicly traded digital content aggregator and represented company in the acquisition of over $40 million dollars of music and video content; negotiated over 50 distribution agreements with mobile and Internet retailers, including iTunes, Napster, YouTube, Revver, Lycos, Yahoo music, Zingy, and Cingular;
  • Represented world renowned Las Vegas hotel in digital music sponsorship agreement with iTunes;
  • Representation of one of the most watched YouTube content producers in various content production and sponsorship transactions.

Wineries / Restaurant / Club / Concert Venue Industries

  • The formation and structuring of numerous corporate entities for wineries, restaurant and night club owners, and assistance in financing transactions;
  • Assisting wineries, restaurant, club and concert venue clients in developing and protecting their brands;
  • Negotiating and closing sponsorship and vendor agreements with major beer, liquor and energy drink companies;
  • Negotiating and closing cook book publishing deal with HarperCollins for Los Angeles area chef;
  • Assisting the Palms Casino in negotiating and closing agreements with celebrity chef Kerry Simon to open Simon Restaurant/Lounge;
  • Representation in all matters; counsel for Las Vegas based concert venue in transactions with national concert promoter, major concert series sponsors, and top tier talent;
  • Representation of franchisor in formation of restaurant franchise system; representation of numerous restaurant franchisees in major franchise systems such as Togos.

Scott is the editor-in-chief and frequent contributor to The IP Law Blog (www.theiplawblog.com) and has published a law review article entitled The Future of Online Music: Labels and Artists. Scott is a frequent lecturer for the California State Bar and the American Corporate Counsel Association.