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Sean F. Kane is
a member of Drakeford & Kane LLC and Manager of the firm’s Intellectual
Property Practice Group. He counsels clients in the interactive
entertainment, video game, virtual world, publishing, licensing and
merchandising, and sweepstakes and gaming industries. His clients are
engaged in all aspects of these industries and he regularly counsels his
clients on various aspects of their business enterprises, including
negotiation and completion of business agreements, counseling on the
management and protection of intellectual property rights and other matters
relating to their business operations, mergers and acquisitions, and
representation in resolution of disputes. Moreover, he is regularly involved
in transactions ranging from development, financing, publication and
distribution of interactive entertainment properties and related technology
licensing; licensing and merchandising of brands, character, entertainment
and sports properties.
He has substantial experience litigating complex business disputes in
federal and state courts at trial, appellate levels and in ADR forums
throughout the country. These matters usually concerned either infringement
issues or disputes over the contracts that licensed, assigned or otherwise
dealt with intellectual property. In addition to his work in interactive
entertainment, his practice has also included negotiation, consultation and
client representation in a broad range of other intellectual property
transaction involving copyrights, trademarks, trade dress, trade secrets and
publicity/privacy rights. While Mr. Kane has a special interest in
interactive entertainment, video games and virtual worlds, he has
represented clients engaged in various entertainment, communications and
consumer products business segments, such as music publishing, records,
motion picture (feature and independent films) and television production
¬and distribution, computer software, video games, virtual worlds and the
Internet. Furthermore, his practice has encompassed many matters arising out
of advertising, marketing and promotional issues, embracing contract
disputes (such as, for example, an advertiser's termination of its ad agency
or an advertiser’s use of sweepstakes) and litigation between competitors
over claims of false and misleading comparative advertising. Prior to
founding Drakeford & Kane LLC, Mr. Kane practiced with Hall Dickler, LLP
(f/k/a Hall Dickler Kent Goldstein & Wood LLP) from 1998 to 2004.
Mr. Kane has written and lectured extensively on legal topics relating
primarily to intellectual property and entertainment issues. His recent
articles are as follows: “Internet Gambling Banned, New Legislation Forces
Online Gaming Sites to Decide When to Hold Them and When to Fold Them”,
published by Internet Law & Strategy, Vol. 4, No. 11, November 2006; “New
Kinds of e-Commerce”, published by e-Commerce Law & Strategy, Vol. 23, No.
4, August 2006; “Protecting Your Client’s Motion Picture Investment”,
published by the New Jersey State Bar Association Business Law Section, Vol.
30, No. 1, July 2006; “Asset Creation, Seclusion And Money Laundering In The
Virtual World”, published by Internet Law & Strategy, Vol. 4, No. 7, July
2006; “Can The Grokster Settlement Close The File-Sharing Pandora’s Box?”,
published by e-Commerce Law & Strategy, Vol. 22, No. 8, December 2005; “Can
The Grokster Settlement Close Pandora’s Box?”, published by Internet Law &
Strategy, Vol. 3, No. 12, December 2005; “International Film Production
Incentives”, published by Entertainment Law & Finance, Vol. 21, No. 7,
October 2005; “Virtual Worlds And Digital Rights, Can Stealing An Online
Gamer’s IP Or Magic Sword Mean Real-World Legal Hot Water?”, published by
Internet Law & Strategy, Vol. 3, No. 9, September 2005; Contributing author
to “Inside Grokster” an Internet Law & Strategy Virtual Roundtable,
published by Internet Law & Strategy, Vol. 3, No. 8A, August/September 2005;
“A Primer On Protecting Investments In Motion-Picture Productions”,
published by Entertainment Law & Finance, Vol. 21, No. 4, July 2005;
“Protecting Against Defamation Claims From Docudrama Productions”, published
by Entertainment Law & Finance, Vol. 19, No. 3., June 2003 and
“Securitization May Work Beyond Music Royalty Income Stream”, published by
Entertainment Law & Finance, Vol. 19, No. 5, August 2003.
Additionally his frequent commentary on business and law have appeared in
various media outlets including: The Economist, New Scientist, BBC World
News, CNN, New York Times, Reuters, MSNBC, BNA's Daily Tax Report, Tech News
World and National Journal's Technology Daily.
Mr. Kane’s most recent speaking engagements are as follows: October 2007
“Tax and e-money: what does it mean?”, speaking engagement at the Virtual
Worlds Forum Europe, London, England; October 2007 “IP Wealth and Pitfalls
of Synthetic Worlds”, speaking engagement at the Virtual Worlds Conference
and Expo, San Jose, California; August 2007 “Virtual Law - How Online Games
Are Shaping Legal Rules”, speaking engagement at the ABA 2007 Annual
Meeting, San Francisco, California; August 2007 “Virtual World – Real Law”,
speaking engagement at the ABA 2007 Annual Meeting, San Francisco,
California; May 2007 “Before You Sign: Business and Legal Issues for
Animators” speaking engagement at NYC ACM SIGGRAPH, New York, New York;
April 2007 “Virtual Law - How Online Games Are Shaping Legal Rules”,
speaking engagement at the ABA 22nd Annual Intellectual Property Law
Conference, Washington, DC; March 2007 “Legal Ramifications of User Created
Content in Open and Closed Virtual Worlds”, featured speaker at the Game
Developers Conference, San Francisco, California; January 2007 “UNCITRAL
Second International Intellectual Property Colloquium on Secured
Transactions”, speaking engagement hosted by the United Nations Commission
on International Trade Law, Vienna, Austria; January 2007 “UNCITRAL
Legislative Guide on Secured Transactions”, speaking engagement hosted by
the Oxford Intellectual Property Research Center, Oxford University,
England; October 2006 “Managing Your Intellectual Property Arbitration”,
speaking engagement hosted by the Intellectual Property Section of the New
York State Bar Association; June 2006 “Legal Issues Arising In Video Games
And User-Created Content”, speaking engagement at the ABA Summer IPL
Conference; June 2006 “Selecting The Best Arbitrator For Your Case”,
speaking engagement hosted by the American Arbitration Association and
October 2005 “Lotta Talent v. Starstruck Management Associates”, a mock
mediation program hosted by the American Arbitration Association on
entertainment and intellectual property issues.
Mr. Kane is a member of the American Bar Association Section of Intellectual
Property Law, where he is a Co-Chair of the Securitization of Intellectual
Property Section, as well as a member of the Section of Science & Technology
Law, where he is a Co-Chair of the Virtual Worlds and Multiuser Online Games
Committee. He is a member of the New York State Bar Association, as well as
a member of the American Arbitration Association IP Panel of Neutrals. Mr.
Kane is also a member of the Board of Editors of the LJN publication,
Internet Law & Strategy. Additionally, he is a Member of the International
Game Developers Association (“IGDA”).
He earned his J.D. in 1998 from Fordham University School of Law, and his
B.A. in 1995 from Villanova University. He is admitted to practice in New
York, New Jersey, as well as the United States District Courts for the
Southern and Eastern District of New York.
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