Companies can profit off their top employees by using their name, image, and likeness. However, there are limitations on an employer’s rights to do so. Troutman Pepper Partners Tracey Diamond and Evan Gibbs chatted with fellow Partner Cal Stein about the popular movie Air and the implications surrounding employee name, image, and likeness.

Hear all this and more in Episode 23 of the Hiring to Firing Podcast! Check out all of our previous episodes and subscribe now.

Transcript: How to Manage Name, Image, and Likeness: Air (PDF)

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Photo of Tracey Diamond Tracey Diamond

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient…

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

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Photo of Evan Gibbs Evan Gibbs

Evan is a practical, results-oriented attorney who partners with business clients to address their most critical corporate espionage matters. These matters typically involve the theft or unlawful retention of trade secrets and other confidential information by groups or individual former executives, employees, contractors…

Evan is a practical, results-oriented attorney who partners with business clients to address their most critical corporate espionage matters. These matters typically involve the theft or unlawful retention of trade secrets and other confidential information by groups or individual former executives, employees, contractors, vendors, or other third parties. As co-chair of the firm’s Corporate Espionage Response Team, Evan leads a multidisciplinary group of attorneys with extensive experience regarding corporate espionage matters. Together with a team of attorneys and technical experts, they leverage their deep experience with digital forensic investigations to ensure that clients’ matters are handled using the most cutting-edge forensic technology available. Evan and his team handle these matters throughout the United States.

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Photo of Callan G. Stein Callan G. Stein

Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation. Cal frequently represents and advises higher education clients, particularly in areas related to collegiate athletics and Name, Image, and Likeness (NIL)

…

Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation. Cal frequently represents and advises higher education clients, particularly in areas related to collegiate athletics and Name, Image, and Likeness (NIL) rights and compliance. Cal provides NIL compliance advice and internal investigation services to major universities, including those that participate in Division I football and basketball, and likewise advises schools on athletics contracts, conference affiliations, conference realignment, and other NCAA-related issues. Cal also represents and advises businesses on NIL contracts, as well as NIL collectives on formation and compliance matters. Cal hosts the firm’s “Highway to NIL” podcast that discusses the legal landscape and developments in the area of NIL law.

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