Profile

A Columbia Law School graduate and former partner at Frankfurt, Garbus, Klein & Selz, now Franfurt Kurnit Klein & Selz (ranked as one of the top five entertainment and media law firms in the US), Russell Smith has over 26 years of experience in counseling and representing corporate and individual clients.

Russell has handled trials and/or appeals in dozens of federal and state courts across the country, including cases in New York, California, Illinois, Texas, Louisiana, Michigan, Mississippi and Ohio. More recently, in non-litigation matters, he has been among the legal counsel of choice for the television and film production industries, representing broadcast networks, motion picture studios, and television/film production companies from Hollywood to New York, London, Dublin, and Mumbai.

Dubbed "The Maharaja of Media" by The American Lawyer magazine, Russell has counseled some of the most high-profile companies in the world, including such examples as HBO, Sony Pictures Entertainment, 20th Century Fox Film Corporation, Pearson, Media Rights Capital, ITV, John Wiley & Sons, Reed Elsevier, Coquette Productions, Miramax Films, MTV Networks, Universal Records, Simon & Schuster, Channel Four Television (UK), American Broadcasting Companies, Def Jam Records, Penguin Books, King World Productions, Warner Books, Matthew Marks Gallery, Spin Magazine, and the Estates of Elvis Presley, Andy Warhol, and John Cheever.

He also has done work for an unusually diverse range of prominent individuals, such as Sacha Baron Cohen ("Borat"), Philip Glass, Mohamed Al Fayed, Sen. John Kerry, Erykah Badu, Graham Norton, Boy George, Chuck D, Don Hewitt, Sean "P. Diddy" Combs, Donald Trump, Spike Lee, Jeffrey Toobin, Terry McMillan, Errol Morris, George C. Wolfe, Sean McPhilemy, Dean Koontz, Nelson Demille, Bobby Brown, and Richard Gere.

While at Frankfurt Kurnit in New York, and more recently with SmithDehn LLP, Russell has handled some of the country's significant litigation matters. He has been production counsel, and among the defense counsel, for claims against "Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan," "Da Ali G Show," and "Bruno." In that connection, he recently defeated the Doe v. HBO libel case in Los Angeles, both in the Superior Court and the California Court of Appeal, winning a victory for comedians and comedy writers. He also has been counsel for "Death of a President," the controversial film about the fictional assassination of then-President Bush. He planned and helped implement the successful multi-state litigation by the widow and children of author John Cheever, to retain control of Cheever's uncollected stories. He devised and wrote the petition for a writ of mandamus which lifted a broadcast ban affecting over 100 television stations in In re King World, resulting in the federal courts' nationwide adoption of a new device for the overturning of temporary restraining orders against the media. He conceived, and played a major part in executing, the winning strategy of Channel Four Television (UK) and filmmaker Paul Yule in their censorship battle to defend their documentary, "Damned in the U.S.A.," against a lawsuit and injunction filed and obtained by Rev. Donald Wildmon and his American Family Association.

In other fights for free expression, Russell wrote the briefs that allowed the publication of Jeffrey Toobin's critique of the Iran-Contra prosecution under Lawrence Walsh, and he won precedent-setting victories against libel suits brought against best-selling authors Terry McMillan and Nelson Demille. On behalf of Public Enemy rapper Chuck D, he won a seven-figure settlement in a widely watched suit against malt liquor manufacturers and marketers who traded on his client's image.

As pro bono Special Counsel to the Coalition for the Homeless, Russell won a billion-dollar victory for indigent families with children in foster care. Although this victory was overturned on appeal, it ultimately resulted in improvement of the beleaguered foster care system in New York State.

Russell has handled a number of high-profile copyright cases as well, starting with "the Rent case," which he filed to obtain dramaturg Lynn Thomson's fair share of royalties and credit for what the courts recognized was her role in radically transforming the musical play, Rent, from an unproduceable draft into a Pulitzer Prize-winning success. The case resulted in one of the most widely reported trials of 1998, followed by what is probably the most important appellate decision in the last few decades on the subject of joint authorship. In the end, after the courts ruled that Dr. Thomson had made a significant and copyrightable contribution to Rent that might form the basis for an infringement suit, Russell obtained a favorable settlement that addressed all of the issues she had raised.

Russell was appointed by the UK Government's Bloody Sunday Tribunal of Inquiry to be among the counsel. In 2010, the Inquiry, led by three prominent jurists, concluded that in 1972, British Army paratroopers unjustifiably fired on a civil rights march in the North of Ireland, killing 14 unarmed protesters. The Inquiry's conclusion regarding this unprovoked massacre led to a public apology by British Prime Minister David Cameron.

One high-profile case or matter after another has followed, keeping Russell and the other SmithDehn attorneys busy in several regions of the country and even overseas. Russell spends half of each year in Mysore, India, helping to manage and train the top-notch legal team at SDD Global Solutions, our legal outsourcing affiliate. SDD Global is ranked the #1 outsourcing company in India, the UK, and the US, out of over 2,700 vendors evaluated, according to the comprehensive 2010 survey of 6,547 clients by the Black Book of Outsourcing.

In his "time off," Russell enjoys hiking in the mountains of Western North Carolina, and trekking in the Himalayas.

Profile

Frank is an experienced litigator and counselor specializing in media and entertainment law, libel defense, intellectual property and Internet law. His clients include television production companies, leaders in the digital information industry, and individual producers, executives and talent, among others.

Frank regularly drafts and negotiates a variety of complex agreements and contracts, and aggressively defends the interests of his media and corporate clients in the state and federal courts. He also advises on First Amendment matters, copyrights and trademarks, and the rights of privacy and publicity, and has a particular expertise in identifying – and heading off – potential problems for clients in the process of pre-broadcast and pre-publication content review.

A graduate of Georgetown University and the Harvard Law School, Frank began his career as a litigator at a large New York law firm. An interest in politics and the news business led to a Master’s degree from Columbia University’s Graduate School of Journalism, and a stint as an investigative journalist and on-air reporter for two local television stations and Court TV. Frank also taught for five semesters as a Visiting Assistant Professor of Media and Communications Law at Syracuse University’s prestigious Newhouse School of Public Communications.

Profile

Mike focuses his practice on legal counseling for film and television production companies around the world. He regularly provides pre-publication counseling and review for television programming and feature documentaries broadcast by networks such as the Discovery Channel, National Geographic, Animal Planet, TLC, A&E and HBO, and has also performed production counsel work for several major motion pictures, including among others, Sacha Baron Cohen’s "Borat” and “Bruno,” and the International Emmy Award-winning docudrama "Death of a President," involving the fictional assassination of President George W. Bush. In this connection, Mike advises clients on First Amendment matters, libel, rights of privacy and publicity, copyrights and trademarks, and other potential legal issues relevant to the production and broadcast of television and film content.

Mike lives and works from our satellite location in the beautiful mountains of Asheville, North Carolina.

Profile

Michael focuses his practice in the area of intellectual property and has experience in both commercial litigation and transactional matters, and a focus on copyright, trademark, and other media and publication issues.

His experience as a commercial litigator includes complex, multinational corporate litigation matters, intellectual property disputes, and employment litigation. Michael’s experience with transactional I.P. matters include trademark and licensing analysis, representing both public and private companies in stock and asset transactions, drafting corporate offering plans, and advising small businesses on corporate and economic development. A native of New York, Michael began his career at a prominent boutique media law firm in Manhattan before joining SmithDehn in 2011. Michael is based in our New York City office.

Profile

Priya is an outstanding attorney admitted to the State Bars of New York and Michigan. She has practiced law in the United States for nearly a decade, focusing on U.S. immigration law. She specializes in various family-based and employment-based immigration categories and has represented corporations and individuals widely in the United States. She also handles the procurement of visas and other immigration matters pertaining to artists, entertainers and media workers. Her other areas of practice include, corporate law, real estate, and general civil litigation. An excellent student and recipient of a tuition scholarship, Priya earned her Master of Laws degree from the University of Georgia, with concentrations in immigration law and international legal and business transactions. She earned her Bachelor of Laws degree, magna cum laude, from Bharathiyar University in Coimbatore, India. She serves as both a member of SmithDehn and Senior Vice-President of our India subsidiary, SDD Global Solutions. In addition to her legal work with SmithDehn, including assistance in litigation matters, Priya is helping SDD Global become a global immigration services powerhouse that will revolutionize the handling of visa and other immigration applications, worldwide. She is an active member of the American Immigration Lawyers Association.

Profile

Alex is the head of our London office, and of The Business and Legal Affairs Group at our India subsidiary, SDD Global Solutions. Alex manages a wide array of business affairs & legal services for media companies. Before joining SmithDehn LLP, Alex distinguished himself in the international media and entertainment business, where he was Head of Commercial Affairs for Granada International, the worldwide arm of one of the U.K.’s largest companies, Granada Media Group (now ITV). Alex is also a veteran of one of the most pre-eminent London-based law firms, Herbert Smith LLP and Australian niche intellectual property/technology firm Bonnins, where he was Solicitor in the Media & Intellectual Property Group. From 2002 until joining us in 2008, Alex developed his own prestigious roster of film and television distribution clients, handling business affairs and related legal matters for such companies as Warner Brothers, So Television, Talkback Thames, Filmon and countless others. Alex’s professional memberships have included the British Television Distributors Association and the Royal Television Society. He holds an honours degree in law and a degree in commerce with a finance major and was admitted to practice in the High Court of Australia in 1995. He has lectured at university on subjects such as Artists and the Law and Technology and the Law. His fields of expertise include negotiating and drafting all manner of transactions for the U.S., U.K and international television and motion picture industry, handling all aspects of film and television distribution and financing, and managing international content acquisitions and licensing.

Profile

Jeff Holmes is a Los Angeles media and entertainment attorney with vast experience in every aspect of legal work for television and film production companies and projects. As Executive Vice President of MGM Worldwide Television, Vice President for Business Affairs at Twentieth Century Fox, and COO and Executive Vice President of Skouras Pictures, and in the course of his later private practice, Jeff has become a leading expert in his field.

At MGM, where Jeff was publicly described by the Chairman of the Board as the company’s “superstar," Jeff reported directly to the President and was responsible for all legal aspects of the company's television division. In particular, Jeff negotiated and oversaw the administration of TV output and volume licensing agreements (including such deals as the renewal of the MGM/Showtime pay-TV output agreement in the United States — one of the largest deals in MGM’s history). Jeff also helped establish and supervise the administration of MGM's interests in basic and pay TV channels in Latin America (CineCanal, Telecine, and MGM Networks Latin America), Portugal (Telecine Portugal), Japan (Star Channel), Australia (Optus), Israel (TelAd), India (Zee), and Turkey (Digiturk). Jeff also negotiated co-production and acquisition agreements for films and TV series, supervised and resolved the day-to-day issues of MGM's TV and advertising sales offices in New York, Chicago, Atlanta, Miami, Toronto, London, Sydney, and Hong Kong, and handled issues involving MGM’s Technical Services, Rights Clearance, and Contract Administration departments.

At Twentieth Century Fox, Jeff created and implemented a program to acquire distribution rights to independent feature films, negotiated and drafted TV output agreements throughout the world, negotiated and drafted co-production and format agreements, administered acquisition of third party libraries (involving a wide variety of contract, collection, and agency issues), and supervised in-house counsel.

At Skouras Pictures, the distributor of acclaimed films such as "The Comfort of Strangers," “My Life As A Dog” and "Blood Simple," Jeff reported directly to the CEO, and managed all aspects of production, acquisition, distribution, financial planning, business affairs, and legal functions. Jeff also was a member of the Board of Directors, participated in taking the company public, and negotiated and implemented a wide variety of agreements, including pay, pay-per-view, syndication, and basic television agreements, international subdistribution licenses, an acquisition and distribution agreement with Paramount Pictures (under which about 30 first-run films were acquired and distributed), a series of joint venture acquisition and distribution agreements, financing agreements, and an asset purchase agreement for the sale of the company's film library. Jeff also oversaw motion picture production (including the negotiation of interparty agreements, talent negotiations, and budget review), and prepared and implemented significant overhead reductions, while liaising with outside counsel, auditors, producers, subdistributors, and lenders.

In his personal life, Jeff has many interests, especially involving world travel and exploration. He is a Director of the Adventurer's Club of Los Angeles, a group of explorers, travelers, journalists, authors and scientists who have traveled, for example, to the rough country of Baja California, to the summit of Mount Ararat and the Matterhorn, in the Amazon jungles and over the Humac Mountains into Brazil from French Guiana, to Antarctica and the length of the Mackenzie River to the Artic, to rivers of the Nile and Congo, to river runs of the Grand Canyon of the Colorado and El Sumidero Canyon of Mexico, to the "Lost World in Venezuela," the jungles of New Guinea, the outback in Australia, and on small craft to numerous islands of the Pacific, as well as many other places.

Profile

Padma joined our India subsidiary, SDD Global Solutions, in August, 2006. Today she is a member of SmithDehn LLP and a leader of SDD Global's research and drafting team. Given her sheer dedication and enthusiasm, it is no surprise that Padmavathi has an impeccable academic record, having secured the second rank in law from the University of Mysore. Ms. Padmavathi was a superstar lecturer in law at the University of Mysore and its affiliate colleges for six years, before undergoing intensive training in U.S. legal research at SDD Global. Her other notable academic achievements include obtaining a postgraduate diploma in Intellectual Property Rights from top-ranked National Law School in Bangalore, and an LLM in International Law and Business & Trade Law from the University of Mysore. She has also completed a course in cyber laws from the Asian School of Cyber Laws, Pune. She has written and published research articles in such areas as trademark law and globalization. In 2009, Ms. Padmavathi traveled to the United States to assist U.S. attorney Russell Smith at depositions and a hearing in a high-profile libel case against our major media client Channel Four Television Corporation. The case ended in victory at both the trial court and at the appellate court in California. To her broad knowledge and excellent legal research skills, she also brings a passion for teaching, which has proved invaluable in the training and supervision of top-notch legal researchers at SDD Global. Now, with almost four years of intensive training and experience in legal research, legal analysis, drafting and media business affairs, she capably, efficiently and independently handles a variety of projects for U.S. and UK clients.

An avid nature lover and photographer, Padmavathi enjoys traveling, and of course spending quality time with her family.

Profile

Abhinav Chandan is a world-class media, entertainment, and intellectual property lawyer with years of experience handling transactional legal work for film and television clients in the US, the UK, and across the globe. Abhinav joined our India affiliate soon after graduating from one of India's top three law schools - the National University of Juridical Sciences (NUJS) in Kolkata. Prior to joining us, Abhinav gained practical experience in handling diverse legal issues in taxation, corporate, international trade, competition and securities laws, during his internships with some of the most prominent Indian law firms, including J. Sagar Associates, Nishith Desai Associates, and Economic Laws Practice. Additionally, while at law school, Abhinav also served as a part-time researcher, trainer and an assistant project manager for a U.S. based legal off-shoring company, compiling information on more than 35,000 US federal and state cases. Given his experience and expertise in handling US legal issues, joining our practice was a natural choice for Abhinav. Gifted with a sharp intellect, logical reasoning, and great research, writing and analytical skills, Abhinav has all it takes to be a successful lawyer, which is exactly what he has become. Abhinav is also a tech freak who loves reading, writing and watching anything in the fantasy/fiction genre. He became fluent in Japanese by watching Japanese films. Abhinav is also an exponent of oriental martial arts and is adept at playing the Tabla - a form of Indian percussion drums.