Jacob B. Ebin

Prior to law school, Jacob spent four years as an analyst and then manager at Lexecon, Inc. (now Compass Lexecon), one of the premier economic consulting firms. While there, his practice focused antitrust and intellectual property disputes, with a focus on the music and energy industries.

• Represented Sirius XM in a royalty-rate setting victory following 19 days of trial in federal rate-setting litigation before the Copyright Royalty Board; defended successfully on appeal to the D.C. Circuit. (In the Matter of Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services (SDARS II)).
• Represented background music service DMX, Inc. in a precedent-setting trial victory in the BMI Rate Court establishing rates and terms for the first ever BMI “Adjustable-Fee Blanket License”; defended successfully on appeal to the Second Circuit. (Broadcast Music, Inc. v. DMX, Inc.).
• Complete trial victory for background music service DMX, Inc. in the ASCAP rate court establishing rates and terms for the first ever ASCAP “Adjustable Fee Blanket License”; defended successfully on appeal to the Second Circuit. (United States v. ASCAP (In the Matter of DMX, Inc.)).

Additional Music Licensing Experience

• Represented the commercial local television industry in SESAC license fee negotiations and arbitration in a proceeding to set reasonable rates and terms for SESAC licenses.
• Represented the commercial local television industry in license fee negotiations and litigation before the ASCAP rate court in a proceeding to set reasonable rates and terms for ASCAP licenses. (In Re Petition of Duhamel Broadcasting Enterprises, et. al.).
• Represented the commercial local television industry in license fee negotiations and litigation before the BMI rate court in a proceeding to set reasonable rates and terms for BMI licenses. (WPIX, Inc. et al v. Broadcast Music, Inc.).
• Represented the commercial radio industry in license fee negotiations and litigation before the ASCAP rate court in a proceeding to set reasonable rates and terms for ASCAP licenses. (In Re Application of the Cromwell Group, Inc.).
• Represented the commercial radio industry in license fee negotiations and litigation before the BMI rate court in a proceeding to set reasonable rates and terms for BMI licenses. (Withers Broadcasting Co., et al v. Broadcast Music, Inc.).
• Successfully represented a group of local television stations as plaintiffs in a putative class action against SESAC alleging violations of Sections 1 and 2 of the Sherman Act (Meredith Corporation, et al. v. SESAC LLC, et al., (S.D.N.Y. 2014)). Resulted in a very favorable industry-wide settlement that provided $42.5 million in refunds and placed various restrictions on SESAC’s dealings with local television stations for a 20-year period.