Ellie L. Heisler
Partner, Team leader, Entertainment
Introduction
Ellie Heisler, Entertainment group lead, provides advice to individuals and companies around the world on brand building, licensing, intellectual property protection, and operations. Ellie works with traditional entertainment clients on their entertainment career and on diversifying their revenue streams. She is well versed in FTC advertising regulations and is regularly invited to speak on the topic and train in-house counsel and marketing executives.
Additionally, as an entrepreneur in the food space, Ellie is uniquely positioned to provide business guidance and cost-effective strategies for protecting and growing clients’ businesses while mitigating liability as they elevate their visibility.
My focus
Applying my 360-degree view of the industry, I advise clients on how to effectively navigate and monetize entertainment, brand, and consumer product industries.
Consumer Products & Brand
I focus on intellectual property and celebrity-driven joint ventures, licensing and collaboration agreements for individuals (i.e., content creators, influencers, actors, musicians, athletes, celebrities), and brand clients in many different categories, including beauty, fragrance, skincare, haircare, apparel, footwear, accessories, food, beverage, supplement, CBD, and toys. I also advise clients on brand building and intellectual property rights protection and provide strategies for dealing with intellectual property infringement and fair use issues.
Content Creators & Endorsements
I handle all aspects of a content creator’s career across multiple different platforms including YouTube, Instagram, and TikTok, not only brand and endorsement agreements, but also their corporate, tax, employment, trademark, litigation, real estate, and estate planning legal needs. I work closely with my clients and their team to help them realize and protect their value through creative and strategic deal making and negotiation.
Management Companies & Advertising Agencies
I also serve as outside counsel to management companies, advertising agencies, and brands that represent or engage content creators for various services.
Traditional Entertainment
I negotiate agreements on behalf of on-camera talent, producers, writers, and directors for unscripted and scripted television series. I also have experience in negotiating production services agreements, option agreements, and handling production legal for unscripted and scripted television, documentary, and feature projects. In working closely with clients to figure out their short- and long-term objectives, I assist them in creating the right team and associations by engaging an agent, manager, consultant, business manager, and guild membership. I also help these clients secure rights to a property or content they will need to own or control in order to bring their goals to life.
Looking ahead
The emergence of Web3 and its adoption will create a massive shift in the creator economy. Creators and their community will share in content ownership and there will be new monetization opportunities never before possible.
Presentations and Classes Taught
Presentations
- Speaker, “The Interplay of Blockchain and the Creator Economy,” KOTRA IP Seminar, Los Angeles, CA July 28, 2022
- Speaker, “How Social Commerce Will Reshape the Creator Economy,” VidCon US 2022, Anaheim, CA, June 23, 2022
- Speaker, “Business and Legal Considerations for Social Media Influencers and Advertisers in the Age of Social Distancing,” Nixon Peabody California MCLE Virtual Seminar, January 22, 2021
- Speaker, “Legal Considerations for Influencers in the Age of Social Distancing,” EIA 2020 | Social Media Influencers, Webinar, October 9, 2020
- Panelist, “The Shifting Power of Influencers in the Age of Social Distancing,” 44th Annual UCLA Entertainment Symposium, Webinar, August 12, 2020
- Speaker, “Cause-Marketing + Influencer Engagement,” It Gets Better Global Summit, New York, NY, June 28, 2019
- Speaker, “The New Celebrity: Navigating the Changing Advertising Landscape on Social Media,” Nixon Peabody MCLE Marathon, Los Angeles, January 17, 2019
- Speaker, “Case Study—Social Influencers: What Every Food & Beverage Counsel Needs to Know About Working with Social Influencers,” Food & Beverage Exchange, Chicago, IL, October 16–17, 2018
- Featured speaker at the welcome reception for the incoming class of 2021, Loyola Law School, Los Angeles, August 14, 2018
- Panelist, “Leveraging Your Network: How to Build a Book of Business,” Women Lawyers Association of Los Angeles Young Lawyers Section, Los Angeles, May 16, 2018
- Speaker, “How social media influencers partner with retailers to sell their goods, and the cost-benefit analysis from both sides,” LAEDC Future Forum, Santa Monica, May 2, 2018
- Speaker, “Legal issues facing YouTube content creators,” SelfMADE, Provo, April 20, 2018
- Panelist, “Who will be the Michael Jordan of Esports? Building the Next Generation of Brand Influencers,” Nixon Peabody & XLIVE Reception Series, Los Angeles, March 7, 2018
- Speaker, “The Evolution of Endorsement Deals,” Nixon Peabody Annual MCLE Seminar, Los Angeles, January 2018
- Panelist, “New Media: New Frontiers in Asia Technology and IP Investment,” IBA’s Investing in Asia Conference, New York, December 8, 2017
- Speaker, “#Sponsored,” AdvertisingWeek, New York, September 25, 2017
- Panelist, “Runway Ready: Fashion Law Fundamentals,” American Bar Association, Los Angeles, February 9, 2016
- Speaker, “Multi-platform Distribution: Technology in Entertainment,” Nixon Peabody MCLE, Los Angeles, January 21, 2016
- Speaker, “Fashion Tech: The law of fashion in a digital marketplace,” Nixon Peabody MCLE, Los Angeles, January 21, 2015
Classes Taught
- Celebrity licensing class, Fashion Law Summer Intensive, Loyola Law School, Summer 2016
- Best practices in negotiating and drafting fashion licensing agreements, INTA lead table topic, May 2016
- Negotiations class, Contract Law, USC, Winter 2015
- Licensing classes, Fashion Law, Loyola Law School, Fall 2015
- Celebrity licensing class, Fashion Law Summer Intensive, Loyola Law School, Summer 2015
- Best practices in negotiating and drafting licensing agreements, INTA lead table topic, May 2015
- Licensing class, Fashion Law, Loyola Law School, Fall 2014
- Celebrity licensing class, Fashion Law Summer Intensive, Loyola Law School, Summer 2014
Representative experience
Ellie’s extensive experience across the entertainment industry includes representing:
- Consumer brands in connection with brand protection and brand building, including protecting and enforcing trademarks and copyrights, as well as negotiating collaboration agreements and global licensing deals with celebrity talent, athletes, and social media influencers.
- Social media personalities, including some of the most-followed and highest-earning content creators on YouTube, TikTok, and Instagram, in connection with protecting and monetizing their intellectual property. This includes: negotiating brand, endorsement, and licensing agreements; joint ventures; navigating exclusivity issues; providing guidance on FTC advertising regulatory compliance; and negotiating manufacturing and distribution agreements for new product line launches.
- Intellectual property rights owners with respect to NFT minting, blockchain/cryptocurrency transactions, and various marketplace-related issues that arise.
- Actors and models in negotiating endorsement and licensing agreements with consumer brands, joint ventures, manufacturing and distribution agreements for new product line launches, and negotiating publishing agreements and deals for television and film roles.
- Professional athletes in negotiating a variety of agreements, including endorsement agreements, appearance agreements, and joint ventures and licensing agreements.
- Award-winning advertising agencies on all aspects of their business including negotiating Master Services Agreements (MSA) and scope of work (SOW) with their clients, engaging third-party vendors, IP clearance, employment, and litigation matters.
- TV and film producers, writers, and directors in negotiating production services agreements, option agreements, and handling production legal for unscripted and scripted television, documentary, and feature projects.
Admitted to practice
California
Education
Loyola Law School, Los Angeles, J.D.
University of California, Los Angeles, B.A.
Professional activities
- Women’s Leadership Network, Executive Council Member
- Loyola Law School Entertainment Fellow, Mentor
- American Bar Association, Member
- Beverly Hills Bar Association, Member
- Los Angeles County Bar Association, Member
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Copyright Law
- Named one of the entertainment industry’s top 100 attorneys by Hollywood Reporter’s “Power Lawyers List” in 2022
- Recognized as “Up & Coming” in Chambers USA: America’s Leading Lawyers for Business 2022 for Media & Entertainment: Transactional: Mainly Talent (California)
- Recognized as 1 of 13 leading attorneys for digital creators by Business Insider in 2021
- Recognized as a top entertainment attorney by Variety’s Legal Impact Report in 2019
- Recognized as one of California’s top 40 attorneys under 40 by the Daily Journal in 2018
News Mentions
- Los Angeles Business Journal
Attorney Pours It On
Los Angeles associate Ellie Altshuler is featured in this spotlight highlighting her work with entertainment and fashion clients.July 11, 2016 - Daily Journal
Endorsements on Social Media Run Afoul of FTC
Los Angeles IP Counseling & Transactions associate Ellie Altshuler provides third-party commentary in this feature story on celebrity endorsements of brands or products on social media.Aug 26, 2015 - FashInvest
Study Break: Learn fashion law with Loyola Law School
This coverage highlights Loyola Law School’s Fashion Law Summer Intensive program focused on what companies need to do in order to develop a brand narrative and all the legal elements necessary to carry that story forward. The program is part of The Fashion Law Project whose executive director is Los Angeles partner and leader of the fashion law practice Staci Riordan. In addition to Staci, Ellie Altshuler and Julian Petty are on the faculty as well.July 24, 2015 - Adweek
4 things marketers should know about the FTCs latest crackdown on influencer-driven social media
Los Angeles IP counseling and transactions associate Ellie Altshuler is quoted throughout this article about the recent updates made to the Federal Trade Commission’s endorsement guidelines and their effects on social marketers.Oct 10, 2017 - Los Angeles Business Journal
STYLE - Stating Her Fashion Case: Ellie Altshuler - Nixon Peabody
This feature of Los Angeles IP counseling & transactions partner Ellie Altshuler discusses her promotion to partner and how she fuses her practice in fashion law with her fashion style.Feb 2, 2018 - Los Angeles Business Journal
Report: Esports, Social Media Stars Drive Digital Media Job Growth
Los Angeles IP counseling and transactions partner Ellie Altshuler is quoted in this article on what metrics are most important in measuring social media impact.Feb 16, 2018 - Bloomberg
Frances McDormands Diversity Dream for Hollywood Faces Hurdles
Los Angeles IP counseling and transactions partner Ellie Altshuler is quoted in this story about the possibility of widespread adoption for “inclusion riders”— a clause in an entertainer’s contract that mandates a diverse cast and crew for the project.March 15, 2018 - Law360
Law360 names attorneys who moved up the firm ranks in Q1
May 7, 2018In this roundup of promotions to partner and firm management positions, 14 attorneys from Nixon Peabody are highlighted. The 11 attorneys promoted to partner are Ellie Altshuler, Mark Beaudoin, Erik Birkeneder, Hannah Bornstein, Chris Browning, Barry Carrigan, Keri McWilliams, Matt Mullen, Steven Richard, Charles Tamuleviz and Alison Torbitt. In addition, Kenneth C. Lind was promoted to leader of the firms’ public finance practice group, Justin Thompson was promoted to office managing partner in LA, and Aaron Yowell was promoted to chief innovation officer.
- Los Angeles Daily Journal
Top 40 under 40
Los Angeles corporate partner Ellie Altshuler was named as one of the top 40 attorneys in California under the age of 40 by the Los Angeles Daily Journal.June 25, 2018 - Los Angeles Business Journal
21st-century influencer
Los Angeles Corporate partner Ellie Altshuler is quoted in this article for her outlook on challenges surrounding content ownership as the relationship between brands and social media influencers evolves.July 30, 2018 Alum Ellie Altshuler is Ahead of the Curve
Nov 5, 2018Los Angeles Corporate partner Ellie Altshuler is featured in this Loyola Law School article on the path she took to becoming the go-to lawyer for YouTube content creators and social media influencers seeking to expand their brand.
- Modern Restaurant Management
According to a recent study/survey … End-of-August 2018 edition
This end-of-month roundup of top restaurant news includes highlights from Nixon Peabody’s Food, Beverage & Agriculture team’s quarterly Crystal Ball outlook report. Boston Financial Restructuring and Bankruptcy partner Lee Harrington, Los Angeles Corporate partner Ellie Altshuler, Rochester Corporate partner Tyler Savage, and Buffalo Complex Commercial Disputes associate Tracey Scarpello are quoted.Aug 30, 2018 - Variety
Legal Impact Report
Variety magazine named Los Angeles Corporate Partner Ellie Altshuler to its 2019 Legal Impact “Up Next” list. The piece, which recognizes Ellie as one of only a handful of attorneys recognized for “cutting the deals shaping modern Hollywood,” highlights her work with digital influencers.April 9, 2019 - The Hollywood Reporter
Artists vs. influencers: Why That Street Art Selfie Could Get You Sued
This article quotes Los Angeles Corporate partner Ellie Altshuler on why social media influencers could become the next crop of celebrities to face copyright infringement claims from street artists whose work appears on their social channels.Aug 6, 2019 - The Hollywood Reporter
WME Signs 6-Year-Old Vlogger Anastasia Radzinskaia (Exclusive)
This article about leading entertainment and media agency WME signing vlogger Anastasia Radzinskaia notes Los Angeles Corporate partner Ellie Heisler as one of the attorneys representing the six-year-old YouTube star.Feb 4, 2020 - Los Angeles Business Journal
Women execs warm to men’s watches
This story on the emerging trend of women professionals wearing watches historically marketed to men quotes Los Angeles Corporate partner Ellie Heisler (Altshuler), who talks about timepieces as a symbol of success in corporate environments.Nov 15, 2019 - Law360
Celebrities Keep Getting Sued Over Instagrams of Themselves
This article, covering the dilemma of celebrities being sued for posting images of themselves to social media, references a copyright lawsuit involving a paparazzi photo of actress and model Emily Ratajkowski. New York Complex Commercial Disputes partner Dan Schnapp and Los Angeles Corporate partner Ellie Heisler are representing Ratajkowski in this matter.Sep 17, 2020 - Law360
Ratajkowski Says Instagram Copyright Suit Aimed to 'Extort'
This article, examining the latest developments in a copyright lawsuit involving a paparazzi photo of actress and model Emily Ratajkowski, mentions New York Complex Commercial Disputes partner Dan Schnapp and Los Angeles Corporate partner Ellie Heisler for representing Ratajkowski in this matter.Oct 29, 2020 - Variety
TikTok Star Addison Rae Cast in "She's All That" Remake
The following article announces the film debut of TikTok star Addison Rae Easterling in the upcoming “He’s All That,” a remake of ‘90s teen comedy “She’s All That,” mention NP for representing the TikTok star. Los Angeles Corporate partner Ellie Heisler leads Easterling’s NP team and represented her on this deal.Sep 11, 2020 - The Wrap
TikTok Star Addison Rae Joins "She's All That" Remake
The following article announces the film debut of TikTok star Addison Rae Easterling in the upcoming “He’s All That,” a remake of ‘90s teen comedy “She’s All That,” mention NP for representing the TikTok star. Los Angeles Corporate partner Ellie Heisler leads Easterling’s NP team and represented her on this deal.Sep 11, 2020 - Tubefilter
Addison Rae Heads to Hollywood with Starring Role in "She's All That" Remake
The following article announces the film debut of TikTok star Addison Rae Easterling in the upcoming “He’s All That,” a remake of ‘90s teen comedy “She’s All That,” mention NP for representing the TikTok star. Los Angeles Corporate partner Ellie Heisler leads Easterling’s NP team and represented her on this deal.Sep 11, 2020 - OneZero
Instagram influencers are selling their lips
This article features Los Angeles Corporate partner Ellie Altshuler’s analysis of Federal Trade Commission rules designed to regulate the booming “influencer economy,” in which Instagram personalities pitch products such as lip fillers, sometimes without disclosing their relationship to the company.Sep 12, 2019 - Las Vegas Review-Journal
Social media influencers take over Las Vegas content house
This article examining the emergence of influencer content houses run by Clubhouse Media quotes Los Angeles Corporate partner Ellie Heisler on how organic and authentic content featuring multiple influencers can help drive brand deals.April 10, 2021 - Business Insider
The 13 leading attorneys and law firms that work with digital creators and influencers
This article on the top attorneys and law firms representing digital influencers features Los Angeles Corporate partner Ellie Heisler, including how she got her start in the space and how her practice has grown. Los Angeles Corporate associate Christina Chang is mentioned for being Ellie’s “ right hand”.May 12, 2021 - Law360
Brand Battles: Instagram empires fight over 'meme' game trademark
This roundup of recent actions at the Trademark Trial and Appeal Board mentions the firm for the work of Chicago Intellectual Property partner Elizabeth Baio and Los Angeles Corporate partner Ellie Heisler for representing game maker Doing Things Media LLC in its trademark dispute with What Do You Meme LLC.May 21, 2021 - Variety
TikTok Star Addison Rae signs film deal with Netflix
The following article covers TikTok sensation Addison Rae’s multi-picture deal with Netflix. In addition to acting in upcoming films for the streamer, Rae will serve as executive producer on the projects she appears in. NP is mentioned for representing Rae, with the NP team led by Los Angeles Corporate partner and Entertainment team leader Ellie Heisler. Ellie also represented Rae in the recent deal for the top influencer to make her acting debut in Netflix’s “He’s All That”.Sep 8, 2021 - The Wrap
TikTok star Addison Rae signs multiple picture deal with Netflix
The following articles cover TikTok sensation Addison Rae’s multi-picture deal with Netflix. In addition to acting in upcoming films for the streamer, Rae will serve as executive producer on the projects she appears in. NP is mentioned for representing Rae, with the NP team led by Los Angeles Corporate partner and Entertainment team leader Ellie Heisler. Ellie also represented Rae in the recent deal for the top influencer to make her acting debut in Netflix’s “He’s All That”.Sep 8, 2021 - Corporate Counsel
Non-fungible tokens (NFTs): Are they a way for celebrities to reclaim their image?
Los Angeles Corporate partner and Entertainment team leader Ellie Heisler is quoted in this article about IP considerations related to non-fungible tokens (NFTs), and how these digital assets can facilitate creators to have a greater stake and consideration in the use of their name, image, and likeness. The story uses the example of NP client Emily Ratajkowski to illustrate how a public figure can utilize NFTs to help reclaim and/or monetize their own image.Dec 8, 2021 - Deadline
Addison Rae signs on to Fashionista at Paramount Players
This article on Addison Rae signing on to her next big studio film, Paramount Players’ “Fashionista,” mentions NP for representing the top influencer and entertainer. Los Angeles Corporate partner and Entertainment practice leader Ellie Heisler represented Rae on this matter.Feb 22, 2022 - The Hollywood Reporter
Power Lawyers 2022: Hollywood's top 100 attorneys
Los Angeles Corporate partner and Entertainment team leader Ellie Heisler is featured for being named one of the top 100 attorneys in the entertainment industry, discussing a handful of her impactful matters from this past year that include advising actress and influencer Emily Ratajkowski in the sale of an NFT at Christie’s and advising TikTok star Addison Rae in her transition to film projects with top studios.March 30, 2022 - HITS Daily Double
Mitchell returns to Nixon Peabody
This article covers Los Angeles Corporate partner Carron Mitchell’s return to NP as a member of the Entertainment team, detailing her practice and community involvement. The article includes quotes from Los Angeles Office Managing Partner Sonia Nayak and Entertainment team leader Ellie Heisler on the unique background that Carron brings to the firm.April 1, 2022 - Variety
Variety's Legal Impact Report 2022: Top attorneys winning cases and making deals in Hollywood
This report, featuring the top entertainment attorneys making a significant impact on the industry, includes Los Angeles Corporate partner and Entertainment team leader Ellie Heisler. The article highlights Ellie’s representation of top-earning content creators, athletes, and others, as well as her strong background in licensing.April 20, 2022 - The Toy Book
Social media star Addison Rae debuts toy line as Chief Fun Officer of Bonkers Toys
This article announcing the launch of social media star Addison Rae’s new toy line through a partnership with Bonkers Toys mentions NP as the law firm representing her. The NP team includes Corporate partner and Entertainment team leader Ellie Heisler and Corporate counsel Christina Chang, both of the Los Angeles office.July 12, 2022
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Professionals in the Practice Area
View AllSeth D. Levy
Partner / Leader, Intellectual Property Practice / Co-chair, Life Sciences Practice- Los Angeles
- Office:213.629.6161
- slevy@nixonpeabody.com
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