Sep. 22, 2011
Roman M. Silberfeld
See more on Roman M. SilberfeldRobins, Kaplan, Miller & Ciresi LLP
Los Angeles
Practice: litigation
Specialty: complex civil litigation
The high-profile $320 million verdict against ABC and Buena Vista Television last year has helped change the way the entertainment community is viewing profit-participation deals, said Silberfeld, who was lead trial counsel for Celador International Ltd. in the dispute.
At issue was the contention of Celador, a U.K. production company, that Walt Disney Co. and its subsidiaries cheated Celador out of its share of licensing fee profits from the hit TV show it created, "Who Wants to be a Millionaire." Originally aired in the U.K., the show was brought over to the U.S. in 1999.
The case focused on the manner and propriety of studio accounting practices when creative entities and individuals share in the success of television and film projects. Celador International Inc. v. American Broadcasting Cos. Inc., CV-04-3541 VAP (C.D. Cal.).
Verdicts, such as Celador, have sent a message to artists to look more closely at profit statements to see if they're getting fair accountings, Silberfeld said.
"We've had quite a number of inquiries over the course of last year, saying, 'Would you look at ours?'" he added.
"There is a definite uptick in the number of these cases being filed," he said. "In part, people are feeling more bullish in their opportunity for success. But it's still extraordinarily difficult and takes time and money and resolve to succeed in these cases."
Celador had all of this, Silberfeld said.
"That is part of the reason we succeeded," he added. "We had an incredible set of clients who not only thought they were right but had the financial and emotional staying power to see it through to the end."
The defendants are appealing the judgment.
- PAT BRODERICK
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