Wilner & O'Reilly, APLC - Immigration Attorneys In California And Utah
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Bad Promoters and Bad Lawyers—Why Some Concerts Flop and Other’s Don’t?

Top level artists that come to the United States to perform should be represented by the best lawyers and the best promoters. If they're not, the show will fail.

Only top level artists may obtain visas to come to the United States to perform. As indicated in recent articles, such artists must be able to document at least three of the following: receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; documentation of membership in associations in the field of endeavor which require outstanding achievements of their members; published material in professional or major media about the artist; participation on a panel or individually judging the work of others in the respective field of endeavor; original artistic contributions; performance in a lead or critical role for organizations or establishments with distinguished reputations; commanding a high salary or other significantly high re-numeration for services in relation to others; and commercial success in the performing arts as shown by box office receipts or records, cassettes, cd's or video sales.

While it is natural to assume that top artists are normally linked up with top promoters and those promoters with top lawyers, this assumption is often inaccurate in the modern day practice of entertainment related immigration law. Frankly, you'd be shocked at who some promoters choose to represent their artists. I know I am.

Some promoters know nothing about the reputation of their lawyers and in turn ask these same lawyers to file cases on behalf of their artists. In my opinion, this amounts to a terrible breach of fiduciary duty between promoter and artist and is actionable in a court of law under a breach of contract and negligent hiring causes of action at the very least.

To the artists and your management: make sure that your promoters have done their due diligence concerning the lawyers that they hire. If they haven't, you might not be coming to the United States to perform. If they have, no problem.

To the promoters: do your due diligence about the lawyers you are going to hire. Interview them. Ask them about what is required to submit an extraordinary ability case. Check the state bar website at www.calbar.ca.gov. Better yet, check the "chismis".

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