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CONGRATULATIONS TO = DAVA CASONI, OUR 2024 COUNSEL OF THE YEAR HONOREE FOR PUBLIC COUNSEL=

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Dava Casoni is the Contrac= ts and Compliance Advisor for the University of Southern California=E2=80= =99s Institute for Creative Technologies (=E2=80=9CICT=E2=80=9D), a U.S. Ar= my UARC which fosters collaboration between the entertainment industry and = the DoD. She handles all of ICT=E2=80=99s legal issues, includi= ng transactions with studios and industry, protecting and transitioning int= ellectual property, and complying with regulations.

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Creatively, Dava is a = ;SAG/AFTRA member and recently expanded her role at the ICT to include co-l= eading the Force Writers Room (=E2=80=9CFWR=E2=80=9D), which brings top Hol= lywood creatives, futurists, think-tank experts and Imagineers together wit= h DoD subject matter experts to make films, graphic novels and other creati= ve products. Dava produced FWR=E2=80=99s "SeaStrike 2043,=E2= =80=9D an 11-minute, fast-paced high stakes sea battle which explores 13 te= chnologies that are critical to how the U.S. Navy will succeed in the futur= e battlespace.

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As a federal law clerk to = the Honorable James T. Turner of the U.S. Court of Federal Claims, Dava ana= lyzed intellectual property and government contracts claims. While wi= th Bingham McCutchen, Pillsbury and Milbank Tweed, she taught entertainment= law to budding film producers and worked pro bono for Women in Film and Te= levision.

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Dava attended Boston Unive= rsity on a U.S. Army R.O.T.C scholarship, and, though she couldn=E2=80=99t = convince the Army to cover a film degree, she always found a way to bring e= ntertainment into her practice. She earned a B.A. and B.S. from Bosto= n University, a J.D. and LL.M. from Cornell Law School, and is a State Depa= rtment appointee to the DTAG. She loves volunteering at her son=E2=80= =99s school and as his Webelo den leader.

You'll find Dava's = acceptance speech below.

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Memorable Moments: = Relive The Excitement Of

The 2024 Counsel Of= The Year Awards In The Highlights Video

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We are thrilled to highlig= ht the exceptional work of the media and entertainment legal community at t= he 2024 Counsel of the Year Awards. As the only organization of its kind, A= MEC plays a pivotal role in our industry, providing cutting-edge legal semi= nars, invaluable networking opportunities, and, perhaps most importantly, r= ecognizing the outstanding but often overlooked achievements of in-house co= unsel across studios, networks, guilds, talent and management agencies, and= all the major entertainment and media companies.

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From navigating complex co= ntracts to safeguarding creative rights, this year=E2=80=99s honorees are t= he unsung heroes behind the scenes, ensuring that the magic of storytelling= thrives while upholding the highest standards of integrity and legality. T= heir inspiring acceptance speeches, filled with passion and gratitude, serv= e as a testament to their dedication and vision.

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The atmosphere at the even= t was nothing short of electrifying, with industry leaders, influencers, an= d rising stars coming together to celebrate our collective achievements. It= was a night filled with inspiration and camaraderie, reminding us all of t= he incredible impact we can make when we collaborate and support one anothe= r.

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As we reflect on this unfo= rgettable evening, we eagerly anticipate the milestone 20th Anniversary Cou= nsel of the Year Awards ceremony on January 16th, 2025! (Click here for the 2024 Counsel of the Year Awards Recap Video)

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Save the date, as we conti= nue to honor and elevate the brightest lights in our industry!

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#CounselOfTheYear #MediaExcel= lence #EntertainmentIndustry #Inspiration #20thAnniversaryCelebration #2025= COTYA

AMEC Unveils 20th A= nniversary Logo:

Celebrating Two Dec= ades of Legal Excellence in Media and Entertainment

Join us in celebrating the = 20th Anniversary of the Association of Media and Entertainment Counsel (AME= C) with our brand new commemorative logo!

Designed to symbolize colla= boration, professional advancement, and excellence among our members, our a= nniversary logo embodies the core attributes and achievements of our global= organization. As we look back on two decades of fostering connections and = promoting legal excellence within the media and entertainment industry, we = also cast our gaze forward to the future.

AMEC continues to be the pr= emier platform for legal counsel representing studios, networks, Hollywood = guilds, and major entertainment and media companies. Together, AMEC has sha= ped the landscape of legal practice in the entertainment world, and we are = thrilled to mark this significant milestone with you.

Here's to the next 20 years= of innovation, collaboration, and success!

#AMEC20thAnniversary #Media= AndEntertainmentLaw #LegalExcellence

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= Reminder that Your Benefit Claim Denial Letters Must Comply with ERISA

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= Haynes Boone

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In our prior blog post ava= ilable here, we discussed the impo= rtance of ensuring that benefit claim denial letters comply with ERISA=E2= =80=99s requirements, and a recent case further illustrates the importance = of complying with ERISA=E2=80=99s procedural regulations. In R.E. vs. Blue = Cross Blue Shield of Illinois, Blue Cross Blue Shield of Illinois (=E2=80= =9CBCBS=E2=80=9D) denied coverage under an employer=E2=80=99s fully insured= group health plan for an adolescent=E2=80=99s stay in a residential treatm= ent center for mental health issues, behavioral challenges, and substance a= buse problems, with the claims totaling about $390,000. The initial denial = from BCBS was a verbal denial to the adolescent=E2=80=99s parent (the =E2= =80=9CParticipant=E2=80=9D), with no accompanying written explanation behin= d the denial of benefits. On internal appeal, BCBS provided a decision in w= riting that upheld the initial denial but provided only ineligible reason c= odes to explain the denial. The letter contained no key for the decision co= des and no references to the terms of the applicable group health plan. The= Participant filed a claim for wrongful denial of plan benefits under ERISA= .

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The federal district court= in Utah analyzed the initial denial and the denial on appeal against the s= tatutory requirements for denying benefit claims. Both initial denial lette= rs and appeal decision letters must =E2=80=9Cprovide adequate notice in wri= ting to any participant or beneficiary whose claim for benefits under the p= lan has been denied, setting forth the specific reasons for such denial, wr= itten in a manner calculated to be understood by the participant.=E2=80=9D = On summary judgment, the court determined that the verbal denial and appeal= letter both failed to meet these procedural requirements for sufficient co= mmunication to the Participant. The court remanded the case back to BCBS to= conduct a full and fair review of the Participant=E2=80=99s claim and awar= ded attorney=E2=80=99s fees to the Participant.

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= Click here to read the entire article

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The NCAA=E2=80=99s First Act: Enforcement of NIL Rules=

Troutman Pepper

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On January 11, the NCAA an= nounced its most significant (and, at least arguably, only) name, image, an= d likeness (NIL) enforcement action to date against a university and its fo= otball program for impermissible recruiting activities involving NIL with a= prospective student-athlete.

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According to a negotiated = resolution released by the Division I Committee on Infractions, a universit= y assistant football coach violated NCAA rules by facilitating an impermiss= ible recruiting contact between a prospective student-athlete in the NCAA-s= anctioned transfer portal and a university booster, the chief executive off= icer of an NIL collective. During that contact, the university booster enco= uraged the prospective student-athlete to enroll at the university, offerin= g the prospective student-athlete an NIL deal worth approximately $15,000 p= er month for a period of at least one year as a recruiting inducement. The = prospective student-athlete ultimately withdrew his name from the transfer = portal and remained at his original school. However, both the NCAA enforcem= ent staff and the university agreed that recruiting and NIL rules violation= s occurred, assessing the impermissible recruiting activities as a Level II= violation.

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The case was processed thr= ough the negotiated resolution process in lieu of a formal hearing. This me= ans that the school, the coach in question, and the NCAA enforcement staff = agreed on the violations and the penalties. As a result, the following pena= lties were assessed against the university:

Two years of probation;
A two-year show cause order for the assista= nt coach, including a three-game suspension, two-week restriction on recrui= ting communication, and required attendance at an NCAA Regional Rules Semin= ar;
Restriction from off-campus recruiting duri= ng fall 2023 for the assistant coach;
Three-year disassociation from the booster;=
One-year disassociation from the collective= ;
A fine of $5,000 plus 1% of the football bu= dget;
Five percent reduction in football scholars= hips of the two-year probationary period;
Reduction in official (paid) visits in the = football program in the 2023-2024 academic year;
Reduction in football recruiting communicat= ions for six weeks during the 2023-2024 and 2024-2025 academic years; and
Reduction in the number of in-person recrui= ting days during the 2023-2024 academic year.