GARY O. CONCOFF

Mr. Concoff, chairman of TroyGould's Entertainment and Media Department, has had extensive experience in negotiation, documentation and legal, business and structuring advice as to production and distribution of theatrical and video motion pictures and television long-form and series productions, with strong emphasis as to the financing aspects, including as to equity investments and lending in the motion picture field, representing investors, lenders, producers and distributors.

Mr. Concoff has also had extensive experience in international production and financing, co-financing and co-production arrangements and domestic and international distribution agreements as to all media. He has represented both multimedia producers and publishers in the Interactive and Location-Based Entertainment fields, including as to contractual, copyright, trade secret and other related matters.

He has also represented motion picture talent of all kinds, including actors, directors and writers in connection with negotiation and documentation of agreements, along with legal advice in connection therewith.

Among his clients have been numerous lenders in the motion picture and other asset-based lending fields, including The Lewis Horwitz Organization, Bank of Boston, Walter E. Heller & Co., Crocker Bank, Wells Fargo Bank, Bank of America, City National Bank, Chemical Bank, World Trade Bank, Banque Indosuez, Berliner Bank and Bayerische Hypotheken und Wechsel Bank ("Hypo Bank") of Munich, and U.S. Bank.

Mr. Concoff was from 1980 through 1982 an Adjunct Professor at UCLA Law School, teaching a course titled "Motion Picture Transactions." He was founder and first co‑chair of the Annual UCLA Entertainment Symposium. From 1987 through 1992, he acted as chair of the Motion Picture and Television Division of the Forum Committee on Sports and Entertainment Industries of the American Bar Association.

He is a frequent lecturer and author of numerous articles on legal and business matters relating to the motion picture industry, with specific emphasis on copyright and other intellectual property issues, domestic and international production, financing and exploitation of theatrical, television, video and multimedia entertainment projects. Most recently, Mr. Concoff was the organizer and co-chair of a program presented in May 2009 at the Cannes Film Festival titled "Optimism in the Film Industry During Challenging Times: Solutions For Film Financing and Distribution."

Mr. Concoff is rated AV^® Preeminent^TM 5.0 out of 5 by Martindale-Hubbell.

Representative Matters

Mr. Concoff has provided representation and given advice as to:

• Acquisition of film library consisting of 650 films, including review and due diligence
• Theatrical feature picture financed from U.K. and South African sources, to be shot in South Africa, Kenya and London
• L.A.-based online video game creator, producer and publisher regarding project and corporate finance and rights agreements
• Leading manufacturer of paintball sport equipment and owner of professional team competing in professional paintball league, including television series financing and theatrical motion picture and television development and production, U.S. XBall League agreements and potential U.S. and European league TV broadcast agreements re paintball leagues
• German investor regarding two $30 million plus tax shelter investments in two sets of two feature pictures (with two separate U.S. studios: Warners and Paramount)
• Independent company as to overall plan for digital delivery of feature film and other product to theaters and in all ancillary media worldwide
• Banks and other lenders as to "gap" financing of theatrical motion pictures
• Negotiation and documentation of employment and related stock sale agreements re executive to become president and CEO of major provider of services in motion picture industry
• Negotiation and documentation of U.S. investor/producer/director agreements re acquisition of 23% of outstanding stock of independent, publicly held distributor; organization and financing arrangements regarding jointly operated print and advertising fund
• European independent production company as to production of feature picture titled "Taking Sides"
• Independent distribution company re acquisition and U.S. distribution along with foreign licensing of "Dinner Rush"
• Independent producer as to insurance-backed $100 million revolving credit from Chase Manhattan Bank relating to production financing of five theatrical feature pictures, aggregate production cost of which was contemplated to be $200 million, as to structuring, financing, production and worldwide distribution matters
• Producer of Academy Award-winning computer graphics for "What Dreams May Come" and "Matrix" and related matters for large and modest budget features
• Leading German broadcaster as to $55 million acquisition of licenses and investment in and co-production of 22 animated television series (572 half-hour episodes) and 30 two-hour television motion pictures
• Litigation against Twentieth Century Fox regarding video game rights to "Planet of the Apes" as to which our client prevailed and developed and produced the video game
• Major U.S. computer graphics software designer and hardware manufacturer as to limited technology transfer (license) and formation of limited liability entity to co-finance and develop location-based attractions for numerous entertainment centers in theater multiplexes of one of the largest U.S. theatrical exhibitors
• Subsidiary of Japanese conglomerate in connection with advances against territorial licenses for Japan rights and equity investment in four feature pictures and licensing to U.S. distributor of three television series
• Major studio in arranging for source and negotiation and documentation of Canadian tax shelter finance relating to $50 million of television production for U.S. network broadcast
• U.S. broadcast group in connection with structuring of theatrical U.S. motion picture distribution system involving basic joint venture, 14 exhibition agreements with national theatrical distributors, and negotiation and documentation of numerous pickup distribution agreements for theatrical pictures
• Two German banks as to U.S. aspects of $200 million loan involving on-going multiple picture output arrangement of film producer with a U.S. major studio
• National Peregrine case – Prepared briefs and argued case in Bankruptcy Court and successful appeal to U.S. District Court before Judge Kozinski; client prevailed in case of first impression re requirement of recording in the U.S. copyright office to perfect security interest in copyright, and related issues
• Estate of author and related entities as to negotiated agreements and advice re agreements as to sequel to "Gone With the Wind" titled "Scarlett," including as to writer of sequel novel
• Developer of first computerized color conversion system for converting black and white film to color as to copyright issues, library acquisition and licensing

Interview

Financing major motion pictures and video productions. 

Professional Affiliations

Former chairman, ABA Motion Picture and Television Division, Forum Committee on the Sports and Entertainment Industries (1987-1992); member of the Board of Governors, Los Angeles Copyright Society (1993-1995) and former member of its Board of Trustees (1976-1977, 1985-1986); member, Board of Directors of British Academy of Film and Television Arts (2001-2002).

Articles and Published Papers

A multimedia case study for the program titled "New Technologies: Their Influence on International Audiovisual Law" presented in Cannes, France, by the International Chamber of Commerce and the International Bar Association (May, 1994); article titled "International Co‑Financing Arrangements," Los Angeles Lawyer, Los Angeles County Bar Publication (April, 1992);  paper titled "Negotiating Contingent Interests in Motion Pictures," originally given at the IBA/CCI conference "Les Aspects Juridiques de la Commercialisation des Oeuvres Audiovisuelles" in Cannes in 1989 and published in Copyright World in July 1989 (updated January 2007); article titled "Co‑Production and Interim Financing: The United States Situation," presented in 1987 at the International Bar Association/International Chamber of Commerce motion picture program at the Cannes Film Festival and also published in French translation in the magazine Film Exchange, No. 39; and law review article titled "Motion Picture Secured Transactions Under the Uniform Commercial Code; Problems in Perfection," 13 University of California at Los Angeles Law Review 1214.

Reported Case

Lead copyright and secured transactions counsel for appellant in: In re National Peregrine, Inc., et al. v. Capital Federal Savings (11 UCC Rep. Serv.2d 1025).

Education

University of California, Los Angeles (B.S., Business Administration-Accounting). Harvard Law School (LL.B.).