LOPRESTI PLLC Is Growing: Meet our newest team members, attorneys & consultants

LOPRESTI PLLC Team

LOPRESTI PLLC is growing.

We are pleased to announce several important additions to our team and capabilities as we continue building a different kind of law firm—one that combines sophisticated legal counsel with practical business insight, industry experience, and access to trusted professionals across multiple disciplines.

Nicholas R. Wallace — Of Counsel

Nico brings sophisticated corporate, governance and strategic counseling experience developed at leading international law firms, including Milbank and Jones Day. Nico advises businesses, entrepreneurs and organizations on corporate governance, transactions, emerging ventures and complex strategic matters, with experience spanning technology, sports, media, the arts and other industries.

Christian Rain Castañeda — Of Counsel

Rainy, a former prosecutor with the Brooklyn D.A.’s office, brings experience in investigation, litigation strategy, courtroom advocacy and trial preparation. Her addition strengthens LOPRESTI’s ability to represent businesses and individuals confronting complex disputes and other high-stakes matters.

Kevin Fox — Media & Entertainment Consultant

We are also delighted to welcome Kevin Fox as a consultant to our growing Media & Entertainment practice. Kevin brings decades of firsthand experience in film and television as a writer, producer, executive producer and showrunner. His career includes writing, producing and showrunning major film and television productions. Kevin’s addition reflects an important part of our approach to entertainment: creative clients benefit from advisors who understand not only the law, but also the business and creative realities of the industries in which they work.

READ Kevin’s latest article:
LOPRESTI PLLC Media & Entertainment Consulting: Why us? Why now?

Meet our Team

Expanding Our Resources Through HBK

LOPRESTI PLLC is also pleased to be working with our friends at HBK, a multidisciplinary financial services firm whose professionals provide tax, accounting, audit, business advisory, valuation, financial planning, wealth management and related services. The relationship expands our ability to help clients address business challenges that don’t stop at the boundaries of traditional legal advice.

More Capabilities. One Trusted Team.

With our expanded team and professional relationships, LOPRESTI PLLC can help clients across the lifecycle of a business or creative vision:

Business & Corporate

Corporate governance • Outside general counsel • Contracts • Transactions • Business formation and restructuring • Strategic counseling

Litigation & Dispute Resolution

Commercial litigation • Business and ownership disputes • Arbitration • Investigations • Employment disputes • Trial and appellate matters

Brands & Intellectual Property

Trademarks • Brand protection • Licensing • Intellectual property disputes • USPTO and TTAB matters

Media & Entertainment

Film • Television • Publishing • Content development • Production • Talent • Licensing • Intellectual property • Entertainment transactions and disputes

Our philosophy remains simple: understand our client’s vision first, then assemble the people and resources necessary to achieve it.

Whether you are building a company, protecting a brand, negotiating an important transaction, developing creative content, planning your next stage of growth, or confronting a serious dispute, our team is ready to help.     

Contact us now

Schedule a meeting for a free consult. Better yet, fly us out to your factory, studio, business or venture so we can see exactly “how the sausage is made” or what your vision is. The more we know, the better we can help. No charge unless and until we provide you with a strategy and you approve. Contact us to find out more.

Legal Strategy. Business Insight. Creative Vision.

LOPRESTI, PLLC (c) 2026

LOPRESTI, PLLC publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only.

LOPRESTI PLLC Media & Entertainment Consulting: Why us? Why now?

LOPRESTI PLLC media & entertainment

After spending over 30 years in the film and television industry and over 40 in entertainment (including the years I worked in physical production and security touring the music world with major rock stars), I have rarely seen consultants used to good effect.

I am aware that’s a strange thing to say as we launch an entertainment consultant business. I understand the hesitancy to engage consultants and the reasons for it.  Those reasons are valid.  Too often consultants are hired by one party with a specific vested interest to solve specific problems, from a specific point of view.

In entertainment they are hired to ‘improve the story’ without knowledge of financing or production issues; to improve the ‘budgetary problems’ without understanding the effect on story; to find cast and directors without understanding whether they are right for the vision of the project – often only seeing what will ‘add value’ on a balance sheet to get a green light.

The entertainment business employs brilliant people
who are limited by their own brilliance.

The problem with most consultants in the entertainment industry is that this business is ‘show business’ and both of those words do a lot of work in that phrase, and are often opposed to one another in the execution of a project. Is it art or is it commerce? Obviously, it is both, and the business relies on not only financial acumen and efficient money management, but also creativity, originality, and effective and efficient physical production. The business employs the most talented people from across the globe in all of those positions – and yet projects often have an unpredictable success and failure rate in spite of that.

The entertainment business employs brilliant people who are limited by their own brilliance: the director with a unique artistic vision, but no sense of budgetary limitations; the writer who can craft an emotional, engaging story, without a sense of scope, time constraints, or audience demographics; the studio executives who are brilliant at risk assessment, but overcompensate and limit originality; the financiers willing to invest, but without experience in what changes will save money while not compromising the vision that will engage an audience. Each of our brilliant people have different perspectives and goals – and aligning them when each group essentially speaks a different creative language may require a translator.

This is due to the fact that our brilliant people are siloed, with hard-earned knowledge and perspectives that are hard to communicate to other brilliant people involved in the same projects with different backgrounds and experience. Clearly, an MBA teaches very different skills than a lifetime of acting or writing; no creative person will have the knowledge a studio executive has; no creative executive will fully understand the financing or advertising needs; and understanding a story in-depth is a craft most can understand watching the finished product, but are unclear how to create the ‘lightning in a bottle’ that creates that product.

So what’s the solution?

The solution is a communication and translation strategy that is able to work with all parties, from the initial creation through financing, production, and marketing all the way through release. Each stage is important, and as we all know, any stage that fails can mean that the project fails.

As a collaborative, creative industry based on unique creations, the application of processes and procedures for creating, developing, and producing content that can generate profit has never been completely codified. In fact, it cannot be completely codified without losing originality. However, just because it cannot be completely codified does not mean that there are not processes and procedures that can be put in place to reduce risk.

One of the issues to putting these processes and procedures in place is the very nature of the business and the historical deal structures – deal structures that add expensive experts from every field with producer titles to solve each portion of an issue in isolation while driving up the very budgets that need to come down, or bringing the budgets down while undermining the story that would have made more money in the long run.

This is where our comprehensive consultation comes in – helping to design a successful project from the ground up, without taking ownership of the project or weighing it down with production fees, titles, and creative opinions that are unwanted.  Consultants can help engage a vision from the beginning in ways that encourage writers to keep financing and budgetary concerns in mind, prior to production, without us becoming involved in ways that take ownership.

Consultants can also observe and analyze films and shows in production to find efficiencies without compromising the visions of writers and directors. They can offer advice on the most appropriate actors for getting a greenlight, not just churning out lists of names that might be valuable – but not in these particular roles.

Our role is to minimize risk while maximizing collaboration to create a shared vision that can lead to success.  To do so, there are certain foundational strategies that can be applied to every project to maximize the chance of success.  Unfortunately, there are often structural and historical obstacles to these strategies, not the least of which is the almost superstitious belief that every success is ‘catching lightning in a bottle’.

This phrase, among others, is applied too often because the varied professionals in the industry with expertise do not understand the other professionals involved and view a successful collaboration as luck and not a strategic design. To remedy this, communication and education on one another’s area of expertise is important for a variety of reasons: to build respect for each so that the creative process can be improved; so that risk can be minimized; visions can be shared; budgets can be made more efficient; and audience reaction can be more predictable.

The collaboration in our collaborative art is too often treated as conflict and problematic rather than being a source of inspiring creativity. Yet, when the correct communication pathways are opened and a common vision can be facilitated, by consultants, if no one else, risks can be reduced.

The financial model is not the industry standard ‘attachments’, although that can be accommodated in certain circumstances as well – but a ‘pay as you go’ consultant model that will not weigh down the finished product.  Our in-house legal team can insure that NDAs are airtight, the expenses are predictable and finite, and that all elements of the process are legally protected as well.

Our role is to minimize risk while maximizing collaboration
to create a shared vision that can lead to success. 

How does this work and what are we, as consultants offering to solve these issues?  Let’s start at the beginning and how we might be effective in the creative process, for simple fees paid by the hour or particular portion of a project. Potential services for creators, writers, producers and directors might include:

  • Project Development: from start to finish, focusing on brand development and expansion.
    • Exploring your established brand/ known strengths/ audience and demographics/ reach and ways to use those to expand and grow your business based on that foundation.
  • Brainstorming Concepts: Using foundational strengths, we can identify areas for growth and expansion, interests and passions. Once identified, we will align you with possible markets and formats – in other words, we will guide you to help create what the markets are interested in buying.
  • Development of Scripts: From the initial brainstorming concept, we will refine the exact format that best suits your project and the market from character development, format, structure, tone, visual and sound style will be analyzed and applied as we develop story, them and everything from a full pilot to seasons long arcs.
    • In the development phase we can also advise on how the development might also affect future production financing. How many times have we seen a brilliant script that is deemed ‘unmakeable’ due to budget and production constraints? For example, a visionary ‘locked room mystery’ that is set on a sailboat, at night, in the middle of the Pacific during a storm may be exciting – but does it need all of those elements to retain its essence?  Can we lose the storm? Set it on an island instead?
    • In examining this process, it is important to retain the elements most important to the creators that will also be important to buyers.
  • Development of Pitch Deck: With current pitching standards, we recognize that pitching is an art form and the pitch deck is the foundation of that. We will ensure that your deck is formatted according to industry standards and is ready to present to the industry.
  • Creating the Leave Behind: A more ‘text-heavy’ version of the pitch deck, the Leave Behind is the summary of your project with both visuals and the full pitch, which will include a large portion of your format (which we can also develop with you).
  • Sizzle: If necessary, we will brainstorm, organize and help develop your 2–5-minute sizzle reel, from concept through editing, music, and final cut.
  • Pitch Performance Coaching: Pitching is performance and is a sales skill that is very different from writing, directing or producing. This is one of those areas where knowing the skills of other professionals (actors) can aid in your delivery, while knowing the needs of buyers will ensure that you are selling what they are looking to buy. The framing of your pitch deck as a sales tool and the performance are make or break to getting to the next step of development.
  • Targeting Buyers: Once the pitch and material are ready, we will help advise on potential buyers and partners in this ever-changing business.
  • Packaging: In a competitive market, packaging can help sell your project as long as the elements (actors, directors, pods, and producers) are added value. We can help determine which elements will actually add value at which targets so that the project does not get weighed down with elements that do not add value everywhere.
  • After Sale: Whether it is a script sale, a pilot sale, a development deal (studio or independent) or a greenlight, our legal terms can advise on contracts and paths to production.

In the next stages of development, we can advise not only creators, writers, producers and directors, but also PODs, producers, and studios:

In Development – once a deal is made, a project is far from completion and we can help advise on next steps, whether hired by individuals, producers, or studios. The translation of notes between executives and creatives is often a challenge and can lead to ‘development hell’ – not because of problematic notes, but because of the interpretation of notes. A third party whose only job is to facilitate a common vision can be priceless in this process. We can also:

  • Interpret and take notes from all parties involved while maintaining a common vision for the project. Implementing those notes for production to accommodate the input of physical producers, schedule, actors, time and budget constraints is also possible.
  • Guide creatives and the studio through the process hiring a writers’ room, gathering writing samples, analyzing strengths against potential needs and deciding which writers will use their strengths to support the potential deficits of others in the room: Who is strong in the room? Who is strong with structure? With character? What levels will support a strong staff?
  • Demonstrate how to run a writers’ room – once hired, we can analyze both staff and story to guide you in how to run the room efficiently, from brainstorming to breaking a season and episodes, outlines and scripts. Scheduling and deadlines will be discussed as well as how to assign scripts, do rewrites and guarantee the scripts maintain the vision of the show.
  • Implement procedures to write for production, including establishing standing sets, days in/days out, night shoots, cast size, number of locations, etc.

In Production – The best scripts do not guarantee a successful show, as every step is a step to potentially add value or undermine the vision of the show. Focusing on studio, producer, creator, showrunner and director support, we can advise on:

  • Casting: There are various strategies to casting, depending on the project. It can provide financing and marketing opportunities, but can also backfire and make projects too expensive, or wrest the control of the vision from the creators. Depending upon budget and buyer, the casting will be very different in intent.  All of this must be taken into account as casting is a key element to maintaining the vision on screen and too often is rushed or short-sighted resulting in poor screen chemistry, compromising success.
  • Hiring & Managing: Hiring and managing key relationships in production, as a well-run set can save time and money that is hard to calculate. We can advise on how to establish a set culture, including defining roles and boundaries.
  • Managing directors: What specific styles will add value to the show? How well does the director work with showrunners? Actors? Crew? Are they working inside their established genre or is a talented director available that wants to stretch their vision – and is that worth it? Does the writer/ producer understand the distinctly different roles of a director in film versus episodic television? 

The same analysis and keys to managing personnel holds true for editors; department heads and crew; actors and actor relationships with the departments; establishing processes and procedures for producing, including establishing meeting schedules and timelines for all departments and episodes; examining production for waste and efficiencies (too many company moves, too many locations) and suggesting solutions. If already in production, we can take time on set to diagnose issues from crew discontent to budget overruns etc.

PLATFORMING — As projects come to fruition, we can advise on how to launch the next project from the platform established on the current one, including leveraging the already established deals with talent, collaborators, financiers, and studios, etc.

As a third party, hired solely to solve problems and not take ownership, we as consultants can translate, advise and help maintain a common vision for every project you undertake without friction. We can fill the gaps without complicating the deal structure or compromising the vision.

Combined with the legal framework provided by the attorneys at LOPRESTI, PLLC, we can work towards protecting and securing your IP and projects from becoming overburdened by producers whose expertise may only be needed for limited periods of time. The firm brings years of legal and practical experience in media, publishing, entertainment, intellectual property, licensing, brand negotiation and development (including as litigation and trial attorneys), offering a keen hindsight to every media and entertainment opportunity.

So why engage LOPRESTI Media & Entertainment Consulting?
Tell us what your vision is and let’s see how our team can help. We can be valuable at any stage of production – or all stages of production.
Contact us, and let’s discuss options.

Kevin Fox (Consultant | Writer | Producer) is a consultant to LOPRESTI, PLLC’s growing Media & Entertainment practice. Kevin brings decades of firsthand experience in film, television, and publishing as a writer, producer, executive producer and showrunner. For over 35 years Kevin has been writing, producing and showrunning major film and television productions. Kevin has also written novels, and as a playwright, he currently has two plays in development, one in the UK and another in Los Angeles.

LOPRESTI, PLLC (c) 2026

LOPRESTI, PLLC publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only.

Successfully defending your business against employment discrimination claims: a LOPRESTI, PLLC case study

Employment discrimination claims, even frivolous ones, can cripple your business and cost millions in time, money, resources and bad publicity.

Last fall, attorneys Anthony A. LoPresti (of LOPRESTI, PLLC) and Cornelius J. O’Reilly successfully defended a commercial client in  federal court against claims of discrimination and retaliation under the Americans with Disabilities Act (ADA) and the New York City Human Rights Law (NYCHRL). After a six-day trial, and only two hours of deliberation, a unanimous 12 member jury held that the plaintiff had failed to prove his case, and the matter was dismissed.

The plaintiff had alleged that he had an anxiety disorder which constituted a protected disability under the ADA and NYCHRL. He contended that instead of being accommodated for his disability, he was terminated from his position as a restaurant server because of his condition, and that the defendants (a highly successful restaurant group) thus discriminated against him illegally. The case highlights a lot of key issues in discrimination law, and what businesses in general can do to fight these claims.

What qualifies as a disability?

A critical issue in this case was the question of whether the plaintiff’s anxiety qualified as a disability under the ADA and NYCHRL. Obviously, a certain amount of anxiety is normal, and even common, especially when working in a high-pressure restaurant. Yet it is oftentimes unclear when anxiety rises to the level of a disability that employers must accommodate. The ADA standard for a disability is that the relevant impairment “substantially limits one or more major life activities,” which is admittedly vague. To establish that he had a disability, the plaintiff needed to: “(1) show that he suffer[ed] from a physical or mental impairment; (2) identify an activity claimed to be impaired and establish that it constitute[d] a major life activity; and (3) show that his impairment substantially limit[ed] the major life activity.” (Sternkopf v. White Plains Hosp. No. 14-CV-4076 (CS) (S.D.N.Y. Sep. 25, 2015), citing Colwell vSuffolk CntyPolice Dep’t, 158 F.3d 635, 641 (2d Cir. 1998)).

The NYCHRL standard for a disability is even lower, however. While NYCHRL disability claims are analyzed on the same analytical framework as ADA disability claims, the NYCHRL definition of a disability is extremely broad. Under the NYCHRL, a disability is “any physical, medical, mental or psychological impairment, or a history or record of such impairment”. (Hernandez v. Int’l Shoppes, LLC, 100 F. Supp. 3d 232, 253 (E.D.N.Y. 2015)). Here, the plaintiff advanced little evidence to this effect, and did not even meet that standard. The defense attorneys argued that plaintiff’s claim that he had extreme anxiety was unsubstantiated by any medical evidence and undercut by the plaintiff’s own medical witness.

However, the ADA also protects individuals who are “regarded as having such an impairment” as that described above. And under the NYCHRL, there is no requirement that the impairment be demonstrable by medical evidence. Hence, an employers’ perception of an employee as having a disability, whether or not the employee in fact has such a disability, is sufficient basis for a discrimination claim. So, it is important how witness testimony and social media records might reflect on how the employer and other employees perceive the plaintiff. In this case, it was clear that neither management nor the plaintiff’s co-workers believed he had a substantially limiting impairment.

What constitutes failure to accommodate?

To make a claim of employment discrimination premised on the failure to accommodate a disability in New York, a plaintiff must also make a request for a reasonable accommodation. A reasonable accommodation was defined by the Court in Vangas v. Montefiore Med. Ctr., No. 15-1514-CV, 2016 WL 2909354 (2d Cir. May 19, 2016), as an accommodation “which permits an employee with a disability to perform in a reasonable manner the activities involved in the job and does not impose an undue hardship on the employer’s business.” However, according to the New York Code of Rules and Regulations §466.11, an employee has an obligation to “cooperate with the employer in the consideration and implementation of the requested reasonable accommodation.”

Moreover, an employee must be able to show that a reasonable accommodation was available: “[a] plaintiff alleging that he was denied a reasonable accommodation bears the burdens of both production and persuasion as to the existence of some accommodation that would allow him to meet the essential eligibility requirements of the service, program, or activity at issue.” McElwee v. Cnty. of Orange, 700 F.3d 635, 642 (2d Cir. 2012). That is, if there is no reasonable accommodation that would allow an employee to perform their job without imposing undue hardship on the employer, then that employee cannot prevail on a claim of failure to accommodate. And, it has been recognized that “having someone else do part of a job may sometimes mean eliminating the essential functions of the job” Hernandez v. International Shoppes, LLC, 100 F. Supp. 3d 232 (E.D.N.Y. 2015), citing Borkowski v. Valley Cent. Sch. Dist., 63 F.3d 131, 140 (2d Cir.1995)).

 “After a six-day trial, and only two hours of deliberation, a unanimous 12 member jury held that the plaintiff had failed to prove his case, and the matter was dismissed.”

Regardless of the doubtful nature of the plaintiff’s anxiety in this case, he did not make a formal request for a reasonable accommodation. Without a request for accommodation and absent evidence that the defendants believed he had a disability, the plaintiff could not demonstrate that defendants failed to accommodate his alleged disability. The defendants were unaware that he even had a disability—nevertheless, they allowed him the breaks he requested when experiencing apparent symptoms of anxiety. But during one incident when the plaintiff abandoned his job post altogether, it was necessary for the defendants to assign other employees to do his work. Even if plaintiff had made a request for accommodation, it would not have been reasonable to expect defendants to eliminate the essential functions of his job by assigning his duties to other employees.

To avoid disputes over whether an employer failed to accommodate a disability, businesses should regularly inform their employees of their rights to secure accommodation for any disabilities they might have. Businesses would also do well to implement clear and fair procedures whereby employees can request accommodations, as well as policies for engaging in a cooperative interactive process to determine reasonable accommodations for those who need them. Having this process set out in an employee handbook is an essential step.

Causal Connection

Notably, under the ADA, the plaintiff needed to show that he was perceived as having a disability, and that this was at least a part of why he was terminated. (“A ‘causal showing for a prima facie case’ of disability discrimination is ‘requisite.’” Balgley v. N.Y. City Health & Hosps. Corp., No. 14-CV-9041 (KBF), 2017 WL 95114 (S.D.N.Y. Jan. 10, 2017), citing Pearson v. Unification Theological Seminary, 785 F. Supp. 2d 141, 163 (S.D.N.Y. 2011)). A causal connection in retaliation claims may be shown either “(1) indirectly, by showing that the protected activity was followed closely by discriminatory treatment, or through other circumstantial evidence such as disparate treatment of fellow employees who engaged in similar conduct; or (2) directly, through evidence of retaliatory animus directed against the plaintiff by the defendant.” Jones v. Target Corp. 15-CV-4672 (MKB), at *18 (E.D.N.Y. Jan. 4, 2016). Under the NYCHRL, as well, a plaintiff may prevail by proving “that unlawful discrimination was one of the motivating factors, even if it was not the sole motivating factor, for an adverse employment decision (Hernandez v. Int’l Shoppes, LLC, 100 F. Supp. 3d 232, 253 (E.D.N.Y. 2015)).

In this case, the plaintiff offered only circumstantial evidence that his anxiety influenced the decision to terminate him. But the defense attorneys showed the jury that the plaintiff was in fact fired for a number of reasons, none of which came anywhere close to illegal discrimination. The defense made its case that the plaintiff had a problem with following the rules that any employee in a restaurant is expected to follow, and that the plaintiff used anxiety as an ad hoc excuse for his misconduct. The plaintiff’s misconduct was documented, and witness testimony from management established that the reasons for firing him had nothing to do with his alleged anxiety.

What Can Businesses Do?

Businesses can protect themselves from claims like this by documenting terminations and other adverse employment actions, making timely note of who is making decisions and why. All communications with the employee should take place in the presence of a witness or be recorded in some way, to ensure that there is evidence of the legitimate cause of an adverse employment action. Keeping record of employees’ violations of company policy is also key to building a case of why an employee is subjected to adverse actions.

The defense attorneys won the case by first establishing that the employees of the restaurant did not believe the plaintiff had a disorder that amounted to a disability and that, in any case, the plaintiff never made an adequate request for accommodation of such a disability. The defense also verified the legitimate reasons the plaintiff was terminated: namely, that he used his cellphone during work, left his work-station and abandoned his duties during his shift, was late, and missed shifts without notifying management. The plaintiff’s relatively poor sales performance and habit of showing up to work hungover were also put forward as reasons he was terminated. The defense’s case was so convincing that the plaintiff was subsequently denied a motion for a new trial, and he was taxed costs.

Hence, the evidence brought it home to the jury that the plaintiff in this case made false claims of disability discrimination. And it is the smart handling of evidence in any legal transaction that propels a party to victory. The best lawyers know how to put evidence to work, and the best way to get legal help is through their services.

To learn more about how LOPRESTI, PLLC (lopresti.one) can address the legal concerns of your business, prepare for and prevent workplace lawsuits, and increase the chances of successfully defending discrimination cases, please contact us.

Article by Ashley Bogdan

LOPRESTI, PLLC (c) 2020

LOPRESTI, PLLC publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us at info@lopresti.one. This publication is not intended to create and does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.