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Benjamin Mulcahy

Benjamin R. Mulcahy

Partner
Ben Mulcahy is exceptional. He is a trusted problem solver and savvy negotiator who works efficiently in resolving tough issues.
Client quote, The Legal 500
About

Benjamin R. Mulcahy is a partner in the Intellectual Property and Technology practice and chair of the firm's national Advertising team. Ben has a deep focus on the sports media, sports marketing, interactive marketing, and entertainment marketing industries, handling both day-to-day and once-in-a-lifetime transactions. He and his team pride themselves on their ability to close complex commercial agreements that are some of the biggest deals of their kind in their respective industries and create long-term relationships that need to hold together even as they evolve.  Ben represents major film studios, broadcast and cable television networks, retailers, prominent website operators, major consumer brands, and their agencies in all aspects of sports marketing, entertainment marketing and interactive marketing, as well as in structuring and negotiating gaming, esports, branded entertainment and other innovative content initiatives and navigating the rights of stakeholders and the ever-changing laws that affect how campaigns are activated and content is distributed across all media.

Ben has been ranked among the country's leading lawyers by The National Law Journal, which named him at the age of 36 to its annual list of “40 Under 40" leading lawyers. Variety, one of the two leading entertainment industry publications, has twice recognized him as a Game-Changing Entertainment Attorney in its Legal Impact Report, which names 50 lawyers whose deals and court battles have changed the shape of entertainment. Variety has also named Ben to its Dealmakers Impact Report, recognizing the dealmakers who help make things happen in Hollywood. The Hollywood Reporter has also recognized Ben for his work on high-profile sports sponsorship and rights acquisition negotiations, naming him in 2021 to its 15th annual Power Lawyers list of Hollywood’s top 100 attorneys.

Ben has been consistently selected for inclusion in annual editions of Chambers USA: America’s Leading Lawyers for Business as a leading transactional Entertainment and Advertising Law lawyer 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. In 2014, the Daily Journal named Ben to its annual list of the Top Entertainment Lawyers in California for rapidly reshaping the movie, music and game businesses. Ben has been recognized by Lawdragon Magazine as one of the leading Film, Television and Advertising lawyers in America and has been consistently named a Super Lawyer, in the area of Entertainment and Sports, by the editors of Law & Politics magazine in both New York and Southern California. In 2008, Ben received a prestigious Burton Award, one of the highest literary honors in law, for his legal writing on the virtual world "Second Life."

Ben began his career practicing entertainment litigation 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 and has served pro bono as a Special Assistant City Attorney prosecuting gross-misdemeanor jury trials for the Los Angeles City Attorney Office.

Bar admissionsCaliforniaNew York
CourtsUnited States Court of Appeals for the Eighth CircuitUnited States Court of Appeals for the Ninth Circuit
Education
  • J.D., University of Minnesota Law School
    cum laude
  • B.A., Saint John's University
    magna cum laude

Awards

  • Business Today's 2023 list of Top 10 Advertising: Transactional & Regulatory Lawyers in USA
  • National Law Journal’s 2023 list of Media & Advertising Law Trailblazers
  • Thomson Reuters Stand-out Lawyer (2023)
  • The Legal 500 United States
    • Hall of Fame, Advertising and Marketing: Transactional and Regulatory (formerly Advertising and Marketing: Transactional) (2021-2023)
    • Leading Lawyer, Advertising and Marketing: Transactional and Regulatory (formerly Advertising and Marketing: Transactional) (2018-2021)
    • Clients say, "'Ben Mulcahy is a leading lawyer in this practice handling the biggest sponsorship agreements and advertising projects. As a recognized expert, he brings respect and credibility to the table. Ben is responsive and efficient and provides spot-on practical advice." "Ben is an expert at really getting to know his client's business needs, and then providing practical solutions that mitigate risk while keeping the business needs in first position.” Clients further describe Ben as "incredibly responsive," and "incredibly skilled at translating best practices in the industry to our team which is newer to the marketing and advertising space."
  • Chambers USA
    • Band 3, Nationwide Advertising: Transactional & Regulatory (2018-2023)
    • Clients comment, "Ben is our go-to lawyer for all things sponsorship-related. He has great industry knowledge, is practical, and has the respect of his colleagues on the other side of the negotiating table." Clients praise Ben as "very versatile - he can be on the business side and the legal side. His legal advice is tailored to our business and our specific needs," noting that he "provides excellent client service and is sophisticated about the market and developments in the law."
  • The Hollywood Reporter, Power Lawyers 2021, Hollywood’s Top 100 Attorneys (2021)
  • Variety, Dealmakers Impact Report: Recognizing the dealmakers who help make things happen in Hollywood (2013, 2014, 2016, 2018, 2020, 2023)
  • National Law Journal, "40 Under 40" list of the country's leading lawyers under 40
  • Variety, Legal Impact Report: Top entertainment lawyers that have a significant impact on the industry (2017-2018)
  • Variety, Legal Impact Report: Game-Changing Entertainment Attorney (named among 50 lawyers whose recent deals and court battles have changed the shape of entertainment) (2012)
  • Daily Journal, Top 50 Entertainment Lawyers in California (2014)
  • New York Super Lawyers, Entertainment and Sports (2007, 2009-2017)
  • Southern California Super Lawyers, Entertainment and Sports (2010-2013, 2015-2017)
  • Burton Award recipient for legal writing on trademark issues arising out of the virtual world "Second Life" (2008)
  • Lawdragon Magazine, Leading Lawyers in America (2007)
  • Who's Who Legal, Sports and Entertainment (2015-2017)

Pro Bono

Ben Mulcahy serves as outside counsel to The Pad Project, a California Nonprofit Public Benefit Corporation that was founded by a group of high school students in Los Angeles and produced the documentary short film entitled "Period. End of Sentence.", which won the Academy Award in 2019 for Best Documentary Short Film and is available for streaming on Netflix. The Pad Project's mission is to help transform the global narrative surrounding menstruation into a source of empowerment and pride. To further that mission, The Pad Project continues to lead several initiatives designed to educate the general public about how girls around the world face barriers to receiving a quality education because they lack access to menstrual health education, adequate water, sanitation, hygiene facilities, and affordable, hygienic menstrual products. Ben also provides pro bono support to the Natural Resources Defense Council, a non-profit organization working to safeguard the earth - its people, its plants and animals, and the natural systems on which all life depends.

Bylines

  • Co-author, "Minors in Pro Esports Bring 3 Critical Legal Considerations," Law360, July 23, 2020
  • Co-author,"Engaging Influencers," Los Angeles Lawyer, May 2020
  • Co-author, "Online gaming and gambling are changing," June 28, 2018
  • Co-author, "Clearing Content for Digital Advertising: 5 Things to Address," Law360, July 19, 2017
  • "'I Got 5 On It': UFC Fighter's Suspension for a Positive Marijuana Test Reeks of Controversy," Professional Sports and the Law, October 2015
  • "Jerseys For Sale - $500,000,000 Each," Sports Litigation Alert, September 7, 2012
  • "Losing Games: Player Strikes Adversely Affect Sponsorship Agreements," New York Law Journal, October 31, 2011
  • "Who's Right On Privacy?" The Metropolitan Corporate Counsel, September 2011
  • "March Madness Isn't For Everyone," Sports Litigation Alert, March 25, 2011
  • "Stealing the Show?" Sports Litigation Alert, October 22, 2010
  • "On Your Marks, Get Set.... Ambush!" Sports Litigation Alert, February 26, 2010
  • "The Athlete Endorsement Game: Securing a high-profile endorsement often requires lengthy negotiation and comes at a high cost of entry," Sports Litigation Alert, April 24, 2009
  • "Citi Field: What's In A Name?" Sports Litigation Alert, February 13, 2009
  • "Recapturing Ownership Through Copyright Terminations," New York Law Journal, October 14, 2008
  • "Second Life Raises Novel IP Issues," The National Law Journal, December 3, 2007
  • "A New Roll of the Dice," New York Law Journal, September 26, 2006
  • "That's Advertainment!" Los Angeles Lawyer , May 18, 2006
  • "Movie Sweepstakes Promotions Require Careful Legal Planning," Los Angeles Daily Journal, September 22, 2002
  • "Congratulations! You've Got the Part. Now What? - Feature Film Actor Agreements," International Association of Entertainment Lawyers, February 2001
  • "Tech Wars - 'Intercast' Television Raises New Copyright Issues," Los Angeles Daily Journal, May 24, 1999

Seminars

  • Panelist, “Advertising From The Media Perspective”, 2023 ANA Masters of Marketing Law Conference in Orlando, Florida, November 2023
  • Guest Lecturer, “Legal Issues Arising out the Structure and Activation of Esports Leagues and Tournaments,” Gaming & Technology Law Course, University of California Irvine School of Law
  • Moderator, "Branded Entertainment: The Entertainment Marketing Ecosystem," 2022 ANA Masters of Marketing Law Conference in Hollywood, Florida, November 2022
  • Moderator, "Original Content is King: An Overview of the Ecosystem and the Opportunities for Brands," 2019 ANA/BAA Marketing Law Conference in San Diego, November 2019
  • Panelist, “Ambush Marketing”, General Counsel Roundtable presented with Gina Reif Ilardi and Nick Fitzpatrick, March 13, 2019
  • Moderator, "Experiential Marketing," 2018 ANA/BAA Marketing Law Conference in Chicago, November 2018
  • Moderator, “As American as Apple π: Automobile Advertising and Promotions Charge into The Future”,  2017 ANA/BAA 39th Marketing Law Conference, Brand Activation Association (division of Association of National Advertisers), November 13-15, 2017
  • Moderator, “Advanced Review of Olympics, FIFA, Sponsorships, & Ambush Marketing”, 2016 ANA/BAA 38th Marketing Law Conference, Brand Activation Association (division of Association of National Advertisers), November 9-11, 2016
  • "Ambush Marketing & Made In The USA," Brand Activation Association webinar, August 9, 2016
  • Panelist, "Using Athlete Names, Images and Likenesses: Legal Battles Over the Right of Publicity," Sports Lawyers Association 42nd Annual Conference, May 13, 2016
  • Moderator, "eSports, Extreme Sports and their Sponsorships, Promotions and Advertising," Brand Activation Association’s 37th Marketing Law Conference, Chicago, November 2, 2015
  • Co-chair of the Brand Activation Association’s 37th Marketing Law Conference "Walking the Line: Between Innovation and Regulation," Chicago, November 2015
  • Presenter, "Legal Issues in Branded Entertainment," 2015 PLI Advertising Law Institute, San Francisco, October 15-16, 2015
  • Presenter, "Legal Issues in Branded Entertainment," 2015 PLI Advertising Law Institute, Chicago, September 18, 2015
  • "Handling Stadium and Arena Issues," 41st Annual Sports Lawyers Association Conference, Baltimore, May 15, 2015
  • "Navigating the Music Rights Ecosystem," Digital Media Update presented in Santa Monica, California, May 7, 2015
  • "Sports Marketing Challenges in Player/Celebrity, Team and League Negotiations," 36th Annual BAA Marketing Law Conference, Chicago, November 06, 2014

Media Mentions

Prior Experience

  • Judicial clerk to the Honorable Paul A. Anderson of the Minnesota Supreme Court

Select Representative Matters

  • Deloitte in its long-term The Olympic Program (TOP) partnership agreement with the International Olympic Committee (IOC) and United States Olympic and Paralympic Committee (USOPC), giving Deloitte exclusive sponsorship rights in its category globally across three Olympic quadrennia.
  • Los Angeles Football Club (LAFC) in what the Sports Business Journal called the “largest stadium naming rights agreement in Major League Soccer history.” LAFC, the reigning MLS Cup Champions, finalized a 10-year, US$100 million deal with Bank of Montreal (BMO) to name the team’s soccer stadium BMO Stadium.
  • Austin FC, the US Major League Soccer expansion team in Austin, in structuring and negotiating its jersey sponsorship agreement with Netspend, Inc. (a subsidiary of Global Pay) and in its stadium naming rights and club sponsorship agreement with Q2, resulting in Q2 Stadium becoming the first and only professional sports venue in Austin.
  • A leading content streaming service in structuring and negotiating the acquisition of exclusive broadcast/telecast rights in an exclusive package of pre-season, regular season, and post-season professional football games being offered by the National Football League (NFL). The DLA Piper team helped steer our client in this historic, long-term telecast rights agreement with the NFL valued in the billions, making our client’s streaming service the new home of Thursday Night Football starting with the 2022 NFL season. Of note, Wall Street Journal quoted NFL Commissioner Roger Goodell calling the deal a “seminal moment” for both our client and the NFL, comparing it to when the NFL agreed to let ESPN carry games in the 1980s, a move that helped put that network on the map.
  • Nike, Inc. in its global apparel and licensing negotiations with Major League Baseball as the exclusive on-field uniform supplier for MLB games along with non-exclusive retail apparel and headwear products.
  • Paycor, Inc. in its historic naming rights and sponsorship agreement with the defending AFC champion Cincinnati Bengals NFL franchise to rename its home football stadium from Paul Brown Stadium to Paycor Stadium.
  • Qualcomm Technologies, Inc. and its Snapdragon business unit in its front-of-shirt sponsorship agreement with Manchester United Football Club Limited, which will feature Snapdragon on its premiere league and other jerseys starting in 2024 in what has been reported as the most valuable arms-length sports jersey sponsorship deal in history.
  • Red Bull Media House, the media arm of the Red Bull energy drink conglomerate, in various sponsorship strategy initiatives.
  • Sazerac Company, Inc. and its Buffalo Trace Distillery in its strategic marketing and personal services agreement with country music star Chris Stapleton to create and market the new Traveller Blend No. 40 American Whiskey brand, which arrived on US shelves in January 2024.
  • United Entertainment Group and its client, Subway in connection with structuring and negotiating celebrity endorsement agreements with top-tier celebrities and elite athletes.
  • Venetian Las Vegas Gaming, LLC in its Official Formula 1 Partner Agreement with Alpine Racing Limited Formula 1 team in connection with the Las Vegas Grand Prix (LVGP), as well as its overall sponsorship agreement and related agreements tied to the LVGP.
  • Professional basketball player Victor Wembanyama, the #1 pick in the 2023 NBA Draft, in various endorsement and corporate matters, including deals with Fanatics/TOPPS and Barcode’s new sports drink line.
  • Qualcomm Technologies, Inc. in structuring and negotiating its stadium naming rights and sponsorship agreement with the board of trustees of the California State University on behalf of San Diego State University to name a new state-of-the art multi-hundred-million-dollar sports complex “Snapdragon Stadium” – one of the largest college stadium naming rights deals in history.
  • A leading content streaming service in structuring and negotiating the acquisition of exclusive national broadcast/telecast rights to an exclusive package of professional soccer games being offered by the National Women’s Soccer League (NWSL), making our client’s streaming service the new home of Friday night NWSL games starting with the 2024 season. Of note, the USA Today quoted NWSL Commissioner Jessica Berman stating that the historic US$240 million media package with our client and the other media partners represents “the largest broadcast deal for any women's sports league.”
  • A leading content streaming service in structuring and negotiating the acquisition of national broadcast/telecast rights in an exclusive package of mid-season NASCAR Cup Series races offered by the National Association of Stock Car Racing (NASCAR), making our client’s streaming service the new home of such races starting with the 2025 season.
  • Atlanta Esports Ventures LLC, a joint venture between Cox Communications, the largest privately owned telecom in the US, and the Province Equity private equity firm, in:
    • the acquisition and operation of the Atlanta FaZe, the Atlanta team franchise of the Call of Duty League run by Activision Blizzard, and in a strategic agreement with FaZe Clan, a high-profile esports pioneer
    • the acquisition and operation of the Atlanta Reign, the Atlanta team franchise of the Overwatch League (OWL) run by Activision Blizzard.
  • California Coastal Credit Union in its naming rights agreement with San Diego State University for the university’s outdoor amphitheatre and music performance space.
  • Chipotle Mexican Grill in:
    • an exclusive global sponsorship agreement with the prominent esports team 100 Thieves with marketing activations featuring several dominant players in the League of Legends Championship Series.
    • a sponsorship agreement with a subsidiary of Activision Blizzard in connection with the Call of Duty Esports League established for professional play of the “Call of Duty” video game franchise.
    • its multi-year North American league-level sponsorship with the National Hockey League (NHL), making Chipotle the official Mexican-themed quick service and Mexican-themed fast-casual restaurant of the NHL
    • a global Formula 1 sponsorship agreement with the MoneyGram Haas Formula 1 Team, featuring prominent logo placement of the Chipotle logo on the Haas vehicle and related promotional activations.
  • ESPN in connection with the ESPY Awards and related music issues arising out of the live broadcast of the ESPY Awards (hosted and produced each year in Los Angeles), the Sports Humanitarian Awards, and the production of various ESPN films and installments of its “30 for 30” series, as well as the music licensing issues which surrounded its coverage of the World Cup.
  • LifeVantage in negotiating its jersey sponsorship agreement with Major League Soccer franchise Real Salt Lake, in one of the most valuable jersey sponsorship agreements in the history of Major League Soccer.
  • Twitch Interactive, Inc., the largest social gaming platform in the world, on structuring and activating all of its online esports tournaments streaming on the Twitch platform and in various other sponsorship, strategy, and esports team initiatives with major brands, esports teams, athletes, and other stakeholders in the rapidly growing professional gaming industry.

Memberships And Affiliations

  • Professional Sports and the Law Member, Editorial Board
  • Sports Lawyers Association, Member
  • International Association of Privacy Professionals, Member
  • Brand Activation Association, Government and Legal Affairs Committee, Member

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