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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

Sacramento County Bar Association, Business Law and Intellectual Property Law Sections

Pacific McGeorge Alumni Association, Board of Directors



Scott M. Hervey

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

Scott Hervey is a corporate attorney whose practice focuses on technology and entertainment/new media companies, as well as brand driven companies. With exceptional skill and expertise in the field of intellectual property law, Scott has led his clients through hundreds of matters involving complex technology acquisitions and licensing, financings, and other transactions.

Scott is responsible for the management of the domestic and international trademark portfolio of all of the firm’s clients. He has successfully represented an international gaming company, a world renowned Las Vegas hotel, a publicly traded medical device company and a progressive biotechnology company in the domestic and international trademark registration filings covering thousands of trademarks. Scott also oversees all trademark protection matters, including trademark infringement litigation, UDRP / domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. In addition, Scott is one of the few lawyers in California licensed to practice before the Canadian Intellectual Property Office.

Scott is one of a handful of entertainment lawyers in Northern California and his experience as a talent agent prior to law school gives him a unique understanding of the industry. Scott has represented clients in traditional entertainment transactions in the music, television and independent film industries.:

In addition to traditional entertainment law transactions, Scott has specific expertise in the new media space and the digital distribution of entertainment content. Scott represents large content owners in digital distribution transactions and various new media / web 2.0 companies in the business of delivering content to consumers.

Representative Transactions

Intellectual Property

  • 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;
  • Led fastest growing energy drink company in multi-million dollar financing, and sponsorship agreement with world renowned professional wrestler, Hulk Hogan.

Music Industry

  • Represented artists in major label (e.g., Universal) and large independent label (e.g., Savoy, Concord, Compass Records) recording transactions; acting as business affairs director for a number of independent record label clients
  • 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.

Television Industry

  • Representation of Los Angeles based television production company in the production of television programming for E!, VH1, Discovery, A&E, and NBC; and Representation of on-air talent in the negotiation of talent agreements for cable and network television programs.

Independent Film Industry

  • Structured $5.5 million in financing for an independent film.
  • 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.
  • Negotiated for executive producing services by Irvin “Magic” Johnson and composer services by Wyclef Jean.
  • Negotiated theatrical and home video distribution agreements.

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, 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.

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.