ANITA MODAK-TRURAN Nashville Office (615) 651-6751 anita.modak-truran@butlersnow.com Anita s clients and peers describe her as a superb legal professional, a terrific leader, dependable to a fault, one of the best team builders I have worked with, a persuasive negotiator, a tireless advocate and consummate professional. PRACTICE AREAS AND INDUSTRY TEAMS Intellectual Property Intellectual Property & Technology Intellectual Property Litigation Drug and Device Litigation Commercial Litigation Entertainment and Media Industry Team Pharmaceutical, Medical Device and Healthcare Industry Team EXPERIENCE Anita s legal experience encompasses the representation of some of the world s preeminent Fortune Global 500 corporations to established and upcoming entertainment businesses in film, television and music to cutting-edge start-up companies. Her work spans deal-making, national litigation management, trial work and appellate litigation. Highlights include: Tried over 100 cases in state and federal courts: Tried product liability action involving pelvic mesh medical device in Arizona federal court. Obtained defense verdict for chemical supplier in multi-million dollar litigation involving commercial and product liability claims by Canadian manufacturing company. Obtained a multi-million dollar verdict for plaintiffs in wrongful death action involving railroad negligence. Obtained defense verdict on design and construction claims concerning Chicago's former State Street Mall. Tried high-profile matter involving First Amendment and national security issues concerning the 1996 Democratic National Convention in Chicago. Tried Commerce Clause challenge to Chicago spray paint ban, which was upheld by the U.S. Court of Appeals for the Seventh Circuit in National Spray Paint & Coatings Assn. v. City of Chicago, 45 F.3d 1124 (7th Cir. 1995). Obtained defense verdict in negligent police pursuit action.
Obtained judgment notwithstanding the verdict in policy matter involving firearms. Successfully tried personal injury, zoning and other claims. Experienced appellate litigator: Anderson v. LaVere, 2014 Miss. LEXIS 119 (Miss. 2014) (briefed and argued for Sony Music Entertainment). Mississippi Supreme Court upheld summary judgment in favor of defendants on statute of limitations in an ownership claim involving photographs of blues musician, Robert Johnson Bryant v. Wyeth, 816 F. Supp. 2d 329 (S.D. Miss. 2011), aff d, 2012 U.S. App. LEXIS 18657 (5th Cir. Sept. 5, 2012) (briefed for defense). Fifth Circuit upheld summary judgment in manufacturer s favor in Prempro litigation because the plaintiff filed the action more than three years after wife s cancer diagnosis, the discovery rule did not apply and fraudulent concealment statute did not toll the limitations period. Smith v. Johnson & Johnson, Civil Action No. 3:08cv245, 2011 U.S. Dist. LEXIS 98719 (S.D. Miss. Aug. 31, 2011), aff d, 2012 U.S. App. LEXIS 16000 (5th Cir. Aug. 2, 2012) (briefed & argued for defense). The Fifth Circuit upheld summary judgment in manufacturer s favor in a vaginal mesh user's suit seeking $20 million for injuries allegedly caused by the product, ruling her surgeon admitted he knew of the risks involved. The appeals court also found the lower court was not wrong to strike two of plaintiff s expert reports and to deny the inclusion of another physician as an expert in the case. Travis v. Irby, 326 F.3d 644 (5th Cir. 2003) (briefed & argued). Fifth Circuit vacated the district court s entry of summary judgment in favor of railroad, because court lacked subject matter jurisdiction. Ayres v. City of Chicago, 125 F.3d 1010 (7th Cir. 1997) (briefed & argued for defense). Judge Posner, writing for the Seventh Circuit, upheld First Amendment challenge to Chicago s Peddlers Ordinance, which prevented plaintiff from advocating the legalization of marijuana by selling T-shirts conveying her message at festivals such as the "Taste of Chicago" that the City sponsors in Grant Park. Schilling v. City of Chicago, 1 F.3d 494 (7th Cir. 1993) (briefed & argued for defense). Seventh Circuit rejected due process and equal protection challenge to landscaping ordinance brought by residents claiming constitutional rights in natural landscapes. Other: Representing major and independent motion picture, music and media companies in copyright litigation. Serving as production and post-production legal counsel for independent film companies from around the United States. Representing film and television producers and companies on management and monetization of intellectual property assets. Counseling and providing business services to entertainment and media companies,
authors, artists and musicians, including negotiating and drafting production, distribution, literary option, franchise and other agreements. Counseling companies on copyright and trademark issues in day-to-day operations. Working with start-up companies on intellectual property matters and coordinating with state agencies to promote growth of local businesses. Representing pharmaceutical and medical device manufacturers in mass tort and individual cases pending in various state and federal venues, including Alabama, California, Florida, Illinois, Louisiana, Mississippi, New Jersey, New Mexico, Tennessee, Texas, Utah and West Virginia. Responsible for national coordination of case specific work in mass tort actions involving pelvic mesh products. Producing, directing and writing legal documentaries for high-stakes mass tort and commercial litigation. BAR ADMISSIONS Illinois, 1987 Mississippi, 1999 Tennessee, 2014 Mississippi Band of Choctaw Indians Tribal Court U.S. District Courts Illinois: Northern District (trial bar member since 1991) Mississippi: Northern, Southern U.S. Courts of Appeals 5 th Circuit 7 th Circuit U.S. Supreme Court Mississippi Band of Choctaw Indians Tribal Court DISTINCTIONS Martindale-Hubbell AV -Preeminent Peer Review Rated, 2011-2017 Super Lawyers Top 50 Women: Mid-South Super Lawyers, 2014-2015 Mid-South Super Lawyers, Entertainment & Sports, 2013-2017 Best Lawyers in America Entertainment Law - Motion Pictures and Television, 2018 Trademark Law, 2018 Adjunct Professor, University of Mississippi Law School, Deal-Making Fundamentals in the Entertainment Industry, Winter Intersession 2015-2017 Adjunct Professor, University of Mississippi School of Law, Contract Drafting and Negotiations, 2013-2014 Professional Skills Fellow, University of Mississippi School of Law
Adjunct Professor, Mississippi College School of Law, Oral Advocacy Instructor, Tulane University, Media and the Law Trial Attorneys of America Worker Achievement Award, 2012 Executive Leadership Program, Harvard University Technology and Intellectual Property Study Group, Mississippi Secretary of State 50 Leading Business Women, Mississippi Business Journal, 2002 Graduate, International Association of Defense Council Trial Academy Nation s Top One Percent, National Association of Distinguished Counsel, 2015 ASSOCIATIONS American Bar Association Intellectual Property Section Minority Counsel Program American Bar Foundation Fellow Defense Research Institute (DRI) Intellectual Property Litigation Committee Copyright Litigation Group Co-Chair Trademark Litigation Committee Commercial Litigation Committee Federation of Defense and Corporate Counsel (FDCC) Fifth Circuit Bar Association Litigation Counsel of America Fellow The Trial Law Institute Advisory Board Media Law Resource Center Entertainment Law Committee Mississippi Bar Association Intellectual Property Section Former Chair Tennessee Bar Association Intellectual Property Law Section Entertainment and Sports Law Section Tennessee Intellectual Property Law Association President, 2017-2018 Board of Directors Tennessee Volunteer Lawyers & Professionals for the Arts The Recording Academy Grammy Member Trial Attorneys of America Secretary Board of Directors
EDUCATION & HONORS Loyola University Chicago School of Law, J.D., 1987 Dean s List Loyola Law Journal, Student Articles Editor National Moot Court Team Regional Champion, National Mock Trial Team Lewis F. Powell Medal for Excellence in Advocacy, American College of Trial Lawyers Leadership and Service Award Gustavus Adolphus College, B.A., History, cum laude, 1984 PAPERS, PRESENTATIONS & PUBLICATIONS Speaker, Getting Real on Dr. Phil, Fair Use and Noteworthy Copyright Battles of 2017, Tennessee Intellectual Property Association, Fall Conference, Nashville, TN November 2017. Speaker, "The Dr. Phil Clash Between Fair Use and Confidentiality", DRI Intellectual Property Section, Quarterly Meeting, September 18, 2017. Author, Pep Apparel Leads the Way: Strengthening Copyright Protection Against Knock Offs, For the Defense, 67-71, Aug. 2017. Author, When Does Inspiration turn into Copyright Theft, DRI The Voice, Vol. 15, Issue 31, August 3, 2016. Speaker, Blurred Lines: When Does Inspiration Turn Into Copyright Theft, DRI Intellectual Property Litigation Annual Conference, Nashville, TN, May 6, 2016. Speaker, Navigating the Madrid Protocol for Your Clients, Seminar on WIPO Services and Initiatives, Vanderbilt University Law School, April 13, 2016. Opening Speaker, What I Learned at the Movies about Ethics and Professionalism, Federation of Defense and Corporate Counsel (FDCC) Winter Conference, San Diego, CA, February 29, 2016. Author, Trending Icons and Moments Destined to Become Iconic, For The Defense, 57-61, Jan. 2016. Presenter, Copyright Clearance @ The Movies, Tennessee Intellectual Property Association, Nashville, TN, November 13, 2015. Presenter and Moderator, "How Lawyers Help Clients Monetize Their Intellectual Property in the Entertainment Industry," Mid-South Intellectual Property Annual Conference, Oxford, MS, February 27, 2015. Author, "Mississippi's Motion Picture Renaissance," Mississippi Business Journal, January 22, 2015.
Presenter, "Is it Getting Cold in Here?: A Discussion of Intellectual Property Claims Related to the Movie "Frozen", Tennessee Intellectual Property Association, Nashville, TN, November 7, 2014 Panelist, Interactions Among Physicians and Lawyers, Vanderbilt Medical Center, Nashville, TN, April 2014. Moderator, Robert Johnson and the Legal Blues of Celebrity Estates, Mid-South Intellectual Property Institute, Oxford, MS, Feb. 2014. Author, Tipping the Scales of Fair Use to Serve the Purpose of the Copyright Act, For The Defense 66-70, Jan. 2014. Speaker, Transformative Use: More Than Meets the Eye, The DRI Annual Meeting, Chicago, IL, Oct. 2013. Speaker, What I Learned at the Movies on Trials, Legal Ethics and Professionalism, The Trial Law Institute, Chicago, IL, Sept. 2013. Author, Taking a Stand on the Right of Publicity, The MDLA Quarterly at 4-6, Summer 2013, reprinted in the MS Bar Intellectual Property Newsletter, Fall 2013. Guest Commentator, Intellectual Property & Entertainment Law for MPB s In Legal Terms July 16, 2013. Presenter, Pi, Cannibalism and Ethics, Bioethics Fellowship Program, University of Mississippi Medical Center, Jackson, MS, July 2013. Presenter, Fifth Circuit's Approach to Daubert, Trial Attorney of America Annual Conference, Chicago, IL, June 2013. Author, Attorney Advertising in a Viral Age: Slowing the Electronic Tide of Misinformation, Pro Te: Solutio, Vol. 6, No. 2 at 15-19, May 2013. Speaker, What s So Fair About Transformative Use, Mississippi Bar Intellectual Property Symposium, Mississippi Sports Hall of Fame, Jackson, MS, May 2013. Speaker, Transformative Use Meets the Eye of Copyright Law, Tennessee Intellectual Property Association, Music Row, Nashville, TN, May 2013. Speaker, The Perfect Storm: Shattering the Myth of the Work-Life Balance, Mississippi Women s Bar Association, Jackson Convention Center, Jackson, MS, May 2013. Speaker, The Art of the Deal, Mississippi Bar Intellectual Property Section at the Crossroads Film Festival, Madison, MS, April 2013. Moderator, Literature Rights and More, Mid-South Intellectual Property Institute, Oxford, MS, February 2013. Panelist, A Legal Toolkit for Filmmakers, Mississippi Bar, Intellectual Property Section at
MIFF, Jackson, MS, 2012. Presenter, What I Learned at the Movies on Legal Ethics and Professionalism, Litigation Counsel of America Fellows Conference, Palm Beach, Florida, 2012. Author, Dissecting Intellectual Property Issues in Motion Pictures, The Mississippi Lawyer, Vol. LVIII, No. 4:25-28, Summer 2012. Author, What I learned at the Movies on Legal Ethics and Professionalism, Mississippi Bar Litigation Section E-Newsletter, Vol. 2, Issue 1, pg. 2-3, May 2012. Panelist, Motion Picture Incentives and the Movie Deal, From Music, Film and Television Arts to Sports: Hot Issues and Disputes in Entertainment, Mississippi Bar Intellectual Property Section, Jackson, MS, May 2012. Panelist, Filmmakers and the Legal World, Crossroads Film Festival, Jackson, MS, April 2012. Author, Case law: A Federal survey on Protecting Confidential Information, Pro Te: Solutio, Vol. 5 No. 1, 12-15, February 2012. Presenter, Film and Ethics, Mid-South Intellectual Property Institute Conference, Oxford, MS, February 2012. Presenter, Celebrity Images in the Public Domain, Tennessee Intellectual Property Law Association, Nashville, TN (approved CLE program), 2011. Moderator, Patent Law Reform Applied to Small Business, 12th Annual Conference on Technology Innovation, Jackson Convention Complex, Jackson, MS, 2011. Panelist, Intellectual Property Clinic for Filmmakers, Mississippi International Film Festival, Jackson, MS, 2011. Co-Author, State Security Breach Notification Laws, Pro Te: Solutio, Vol. 4, No. 2, 11-17, May 2011. Presenter, Practical Advice for Trial Preparation, Mississippi Bar, Criminal Law Section, Biloxi, MS, 2011. Project Director, Editor and Co-Producer, Code of Pretrial and Trial Conduct, American College of Trial Lawyers video series, 201). Presenter, Expert Disclosure Changes in Fed. R. Civ. P. 26(a)(2)(B), Trial Attorneys of America Annual Conference, Chicago, IL, 2011. Presenter, Drawing the Line Between Fair Use and Copyright Infringement in the Digital Age, Mississippi Bar Association, Intellectual Property Section, 2011. Presenter, Celebrity Image and the Public Domain, TIPLA, Nashville, TN, 2011.
Moderator, What the Recent Patent Law Changes Really Mean for Small Businesses, Mississippi Technology Alliance 12 th Annual Conference, Jackson Convention Center, Jackson, MS, 2011. Presenter, Mississippi Bar s Intellectual Property Legal Clinic, Mississippi International Film Festival, 2011. Author, My Cousin Vinny: Trial and Error, Mississippi Bar Litigation Section E- Newsletter, Vol. 1, Issue 1, December 2010. Presenter, Notice Pleading After Ashcroft v. Iqbal, Trial Attorneys of America Annual Conference, Chicago, IL, 2010. Author, An Updated Guide on Managing Risks and Enhancing Prescription Drug Safety after Product Launch, Pro Te: Solutio, Vol. 3, No. 2, 15-19, May 2010. Presenter, Risk Management: A Review of FDA s Regulatory Guidance for the Pharmaceutical Industry, (approved for multi-state CLE credits) Boehringer Ingelheim, Ridgefield, CT, 2010. Presenter, Successfully Navigating Through the Myriad of Legal Issues Confronting Journalists, 12 th Annual HBCU Student News Media Conference, Jackson State University, Jackson, MS, 2010. Co-Author, Mississippi Jury Instructions for Product Liability Claims and Defenses, PLAC Handbook of Jury Instructions, 2009. Author, On-Line Images: A Thumbnail Sketch of Potential Legal Issues, MTA Pointe Innovation Magazine, 73-75, Winter 2009. Presenter, Copyrights and On-Line Images, TIPLA, Nashville, TN, 2009. Presenter, First Amendments Issues Relating to Citizen Journalism, NBPC New Media Institute, New York, NY, 2009. Author, Wyeth v. Levine: A Showdown Between the State Jury System and Federal Preemption, ABA Litigation Section Mass Torts Newsletter, Vol. 8, No. 1, 6-9, 20, Fall 2009. Author, Using E-Discovery to Pop the Hot Air from Plaintiff s Case, Pro Te: Solutio, Vol. 2, No. 3, 14-16, July 2009. Presenter, Corporate Counsel Issues: Privilege & Confidentiality, Trial Attorneys of America Annual Conference, Chicago, IL, 2009. Presenter, The Medical Peer Review Privilege, Trial Attorneys of America Annual Conference, Chicago, IL, 2008. Presenter, From Page to Film, Mississippi Bar, Intellectual Property Section, Oxford, MS, 2008.
Presenter, Wrangling Entertainment Issues, Mississippi College of Law, Jackson, MS, 2008. Co-Presenter, To Kill A Mockingbird: The Atticus Finch Professional Model, (approved for CLE ethics and professionalism credits) Capital Area Bar Association, Jackson, MS, 2008. Author, Case Law: A Fifty-State Survey of the Medical Peer Review Privilege, Pro Te: Solutio, Vol. 1, No. 4, 14-17, Oct. 2008. Author, Exhibit A, Pro Te: Solutio, Vol. 1, No. 2, 16, April 2008. Author, Exhibit A, Pro Te: Solutio, Vol. 1, No. 1, 16, January 2008. Presenter, The Physician's Role in Pharmaceutical and Medical Device Litigation, University of Mississippi Medical Center, The Winfred L. Wiser Conference, Negril, Jamaica, 2007. Presenter, Communicating Medical Care To a Jury, University of Mississippi Medical Center, The Winfred L. Wiser Conference, Negril, Jamaica, 2007. Panelist, Film and Literature with Morgan Freeman, Lorian Hemingway, Anita Modak- Truran and Ward Emling, TYCA-Southeast, Jackson, MS, 2005. Presenter, The State of Copyright Law in Music, Mississippi Bar Association, Intellectual Property Section, Oxford, MS, 2004. Former commentator for WAPT News (ABC affiliate) for over 10 years. Former commentator for Mississippi Public Broadcasting for over 10 years. Published over 400 times in newspapers and magazines. Recipient of numerous grants and awards for independent filmmaking.