-317-
and Europe on various aspects of copyright, trademark, and
entertainment law, including the transfer of film rights and
chain-of-title issues.217 She serves on the arbitration panel and
the legal committee of the International Film & Television
Alliance (IFTA), formerly known as the American Film Marketing
Association.218
a. Ms. Nemschoff’s Expert Opinion
Ms. Nemschoff submitted her report and testimony on the
following matters:
(1) the contractual terms, legal documentation of
ownership and pre-closing research that would be
reasonably and customarily expected in connection with
the acquisition of rights in motion pictures;
(2) the steps customarily taken by a transferee of
film rights to protect its ownership in the acquired
rights;
(3) any deficiencies and discrepancies in the
legal documentation obtained and research undertaken by
SMP in connection with its acquisition of the “U.S.
Video Film Rights” in 65 film titles and 26 development
projects purportedly owned by SMHC, including
discrepancies in the ownership of rights as disclosed
by U.S. Copyright Office records; and
(4) any deficiencies and discrepancies in the
steps taken by SMP to protect its rights in these
assets.
217 At one time, Ms. Nemschoff served as general counsel and
vice president of business affairs at Concorde-New Horizons
Corp., a motion picture production and distribution company.
218 The legal committee of the International Film &
Television Alliance addresses the transfer of film rights, chain-
of-title issues, and copyright issues.
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