Entertainment and New Media

On October 18, our partner, Jason Berger, participated in the District Advocate Day for the Philadelphia Chapter of The Recording Academy with honored guest U.S. Representative Bob Brady. District Advocate Day is an annual day of advocacy where more than 1000 performers, songwriters and other music industry professionals meet with their local political representatives to discuss critical legislative issues affecting the music industry. The Recording Academy, which began in 1957, is an organization of musicians, songwriters, producers, engineers, and recording professionals, mostly known for its annual Grammy Awards.

Jason Berger defended his client in a 5 ½ day jury trial in the Philadelphia County Court of Common Pleas, ultimately securing a mistrial due to various improper conduct by plaintiff and his counsel and, thereafter in a Motion for Post-Trail Relief, Mr. Berger sought sanctions, including costs of trial, and dismissal of the case on the merits citing testimony and evidence presented at trial. Typically only one of those remedies are available to a litigant when a mistrial is declared, however, Berger successfully argued that both remedies were appropriate based upon the facts of the case and the trial court agreed. On appeal, Plaintiff submitted an extremely voluminous Statement of Matters Complained Of on Appeal and the Pennsylvania Superior Court, in affirming the trial court’s decision on post-trial motions, affirmed on the basis that the Plaintiff waived his claims on appeal due to his failure to file a “concise” statement of matters complained of on appeal as prescribed by the Rules of Appellate Procedure.

Jason Berger defended his client in a 5 ½ day jury trial in the Philadelphia County Court of Common Pleas, ultimately securing a mistrial due to various improper conduct by plaintiff and his counsel and, thereafter in a Motion for Post-Trail Relief, Mr. Berger sought sanctions, including costs of trial, and dismissal of the case on the merits citing testimony and evidence presented at trial. Typically only one of those remedies are available to a litigant when a mistrial is declared, however, Berger successfully argued that both remedies were appropriate based upon the facts of the case and the trial court agreed. On appeal, Plaintiff submitted an extremely voluminous Statement of Matters Complained Of on Appeal and the Pennsylvania Superior Court, in affirming the trial court’s decision on post-trial motions, affirmed on the basis that the Plaintiff waived his claims on appeal due to his failure to file a “concise” statement of matters complained of on appeal as prescribed by the Rules of Appellate Procedure.