Benjamin R. Mulcahy

Mr. Mulcahy is a partner in the Entertainment, Technology and Advertising Practice Group in the Century City and New York offices. He is also co-chair of the firm's Advertising Industry and Sports Industry Teams and a former member of the firm's Executive Committee.

Areas of Practice

As one of the founding members of Sheppard Mullin's Advertising Industry and Sports Industry Teams, Mr. Mulcahy represents several of the major film studios, broadcast and cable television networks, retailers, consumer brands and their agencies in all aspects of sports marketing, entertainment marketing and interactive marketing as well as in innovative branded entertainment and e-commerce initiatives. Mr. Mulcahy helps clients structure their relationships with the various stakeholders and counterparties, and guides clients through the ever-changing legal issues that affect how their advertising, marketing and promotional campaigns are activated across all media.

These activities include preparing endorsement agreements and major sponsorship agreements with sports leagues, teams, music tours, and major events, implementing ambush marketing campaigns, preparing and negotiating joint promotion alliances, analyzing and licensing copyright, trademark, publicity and other intellectual property rights, reviewing and clearing long-form and short-form advertising copy in all media, structuring user-generated and professionally-produced content distribution and monetization initiatives, complying with privacy concerns, preparing advertising agency and media buying agreements, and advising clients in complying with state and federal anti-lottery and anti-gambling regulations governing some of the highest profile on-line and off-line contest and sweepstakes promotions in the country.

In representing clients in their online initiatives, Mr. Mulcahy advises on issues arising under the various guild agreements, prepares content licensing agreements, website development agreements and online privacy policies and terms of use policies, negotiates online hosting, software development and licensing agreements, and advises clients in structuring and documenting fantasy sports initiatives and multi-platform consumer loyalty programs. In addition, he counsels clients on compliance with federal CDA and DMCA anti-circumvention and safe-harbor provisions and state and federal legislation that affects the active and passive data collection often associated with mobile, social media and other online advertising, marketing and promotional activities.

As a member of the firm's Entertainment, Technology and Advertising Practice Group, Mr. Mulcahy represents studios, networks, independent production companies and publishers in various aspects of video game, motion picture and television development, production and distribution. He advises clients on traditional and digital distribution agreements for film, television, video game and mobile application content, joint development agreements, co-financing agreements, output agreements, first-look agreements, rights acquisition agreements and options, negative pick-up agreements and related documents, television series development, book publishing, video game publishing and other licensing agreements. His expertise also includes reviewing chain of title and performing diligence on television, motion picture and other intellectual property libraries in connection with mergers and acquisitions in the entertainment industry.

Mr. Mulcahy began his career practicing entertainment litigation, representing clients in cases involving copyright and trademark infringement, profit participation, television and motion picture distribution, product placement, and production credit. He also litigated antitrust and civil racketeering cases in addition to serving pro bono as a Special Assistant City Attorney prosecuting gross-misdemeanor jury trials for the Los Angeles City Attorneys Office.

Mr. Mulcahy has been ranked as one of the country's leading attorneys by The National Law Journal, which named him at the age of 36 to its annual "40 Under 40" list of leading lawyers under the age of 40. Daily Variety, one of the two leading entertainment industry publications, has recognized Mr. Mulcahy as a Game-Changing Entertainment Attorney in its Legal Impact Report, naming 50 attorneys whose deals and court battles have changed the shape of entertainment. Daily Variety has also named Mr. Mulcahy to its Dealmakers Impact Report, recognizing the deal makers who help make things happen in Hollywood. Mr. Mulcahy has received a prestigious Burton Award, one of the highest literary honors in law, for his legal writing on the virtual world Second Life, was named in 2014 by the Daily Journal to its annual list of the Top Entertainment Lawyers in California who are rapidly reshaping the movie, music and game businesses, has been consistently selected for inclusion in the annual editions of Chambers USA: America's Leading Lawyers for Business as a leading transactional Entertainment and Advertising Law attorney, has been consistently named a Super Lawyer, Entertainment and Sports, in both New York and Southern California by the editors of Law & Politics, has been recognized by Lawdragon Magazine as one of the leading Film, Television and Advertising lawyers in America, and has been listed by the Legal 500 in its guide to outstanding lawyers nationwide as an elite “Leading Lawyer” for his marketing and advertising practice in the media and technology industries.

Good to know

Areas of Practice 1) Entertainment, 2) Technology, 3) and Advertising, 4) Intellectual Property, 5) Copyrights, 6) False Advertising, 7) Lanham Act and Unfair Competition, 8) IP Licensing, 9) Technology and Commercial Transactions, 10) Trademarks and Trade Dress and 11) Privacy and Data Security
Law School University of Minnesota Law School (J.D.)
Education Saint John's University (B.A.)
Bar Member / Association California State Bar Association, New York State Bar Association, minnesota State Bar Association
Most recent firm Sheppard, Mullin, Richter & Hampton LLP
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