Independent strategic advice
Helping Creators, Businesses, and Organizations Make Better-Informed Decisions
Practical experience gained over three decades of working
across Asia-Pacific and the United States
About Frank Rittman
Who I Am
I’m an attorney, business advisor and strategic consultant whose career has taken me through publishing, music, motion pictures, television, and technology.
I began my career as an intellectual property lawyer in New York before moving to Asia in 1997. Since then, I’ve lived and worked in Singapore, Hong Kong, and Thailand, holding senior executive positions primarily in the media and entertainment industries. Much of that work involved representing multinational companies and navigating the intersection of business, government, intellectual property, and commercial relationships throughout Asia Pacific.
Although my professional background has been concentrated in the creative industries, I’ve found that the underlying issues clients face are remarkably similar. I enjoy making unfamiliar subjects understandable, helping clients think through issues from different perspectives and asking questions that might otherwise go unasked.
Insight & Analysis reflects the way I prefer to work today: personally, independently, and with the benefit of a practical perspective developed over many years of working with businesses and institutions in very different parts of the world.
Representative Matters
- participated in extended international negotiations resulting in two copyright treaties
- testified before national legislatures on proposed legislation and public policy;
- drafted legislative language subsequently enacted into law
- represented an undisclosed investor in the acquisition of music industry assets
- advised individual creators on copyright recapture and long-term rights management
- reviewed and advised upon a portfolio of more than 1,000 published research studies
- established business operations and supervised staff in multiple jurisdictions throughout Asia-Pacific
- supervised civil and criminal enforcement proceedings;
- supervised copyright royalty audits resulting in significant recoveries for rights holders
- advised businesses on commercial strategy, licensing and international expansion
SERVICES
What I do
Every assignment is different, but certain themes appear again and again.
A client may be considering a new opportunity, trying to untangle a complicated issue, or simply seeking out another perspective before making an important decision. Sometimes the issue is a legal one, sometimes it’s commercial. More often it’s a combination of several things that don’t fit neatly into a single category.
That’s why I resist putting labels on what I do. Clients rarely arrive saying they need “strategic advice” or “business development services.” They usually come with a situation they’d like to discuss, because of a decision they’d like to make with greater confidence.
The work itself cuts across the following areas:
Helping Creators, Businesses, and Organizations Make Better-Informed Decisions
People rarely come to me seeking legal advice alone. That’s often how the conversation begins, but that’s rarely where it ends.
A contract review becomes a discussion about business strategy. A copyright question develops into a commercial negotiation. A market access issue raises questions about business culture, local relationships. Before long, we’re no longer talking about the law in isolation—we’re talking about the business as a whole. That’s the work I enjoy the most.
Having spent nearly three decades living and working across Asia-Pacific, I bring a practical understanding of the region’s business practices, commercial relationships, and regulatory environments that goes well beyond legal advice.
Whether you’re considering a new commercial opportunity, entering an unfamiliar market, or simply looking for an experienced perspective before making a significant decision, Insight & Analysis provides experienced advice, practical perspective and straightforward discussion.
If this sounds like the sort of conversation you’d find useful, let’s talk.
Strategic Advisory
People often assume that strategic advice is about having the right answers. In my experience, it requires asking the right questions.
Many business decisions rest on assumptions that haven’t been properly examined. Often the issue isn’t the available information – it’s the questions that haven’t yet been asked.
Whether the discussion involves a proposed business relationship, a new market expansion, a licensing opportunity or an internal business decision, my role is to provide experienced advice from a practical perspective to help clients move forward with greater confidence.
Business Development & Commercial Relationships
Business development is much more than just finding new customers. It also involves strengthening existing relationships, recognizing opportunities others overlook, and occasionally, identifying opportunities best ignored.
Throughout my career I’ve helped businesses enter unfamiliar markets, launch regional operations, establish strategic partnerships, and build relationships with governments, industry organizations and commercial partners. Those experiences have helped shape the advice I provide today.
Intellectual Property & the Creative Industries
Intellectual property has never struck me as simply a legal subject. In fact, it’s one of the most valuable commercial assets any organization can have. Understanding how to protect it is important, but so is knowing how to use it effectively.
Intellectual property can appear technically complex, but it’s been the focus of much of my professional career. My current interests include technological disruption, intangible asset financing, and the intersection of IP and artificial intelligence.
Business Communications
Ideas don’t always fail because they’re bad. Sometimes they were just never presented particularly well.
I enjoy helping clients communicate complicated subjects in ways that are clear, persuasive, and appropriate for their audiences.
Whether preparing business correspondence, reports, speeches, or website content, my objective is to help clients explain their thinking clearly.
Because clarity has always been more persuasive than complexity.
Local Representation
Not every organization needs to establish a permanent office in another country. But everyone needs someone they can trust to represent their interests when they can’t be there themselves.
That might involve attending meetings, maintaining relationships, overseeing local advisers, or simply providing an experienced local presence that understands both the business environment and cultural characteristics of overseas management.
My connections work in both directions. I’ve assisted overseas organization establish operations throughout the Asia-Pacific region, and I’ve also helped Asia-based businesses navigate their expansion into the United States and other international markets.
Research & Special Assignments
Many assignments don’t fall into predetermined categories. They might start with a conversation along the lines of “I’m not quite sure where this fits yet, but I’d like your thoughts.”
Assignments have ranged from investigations and acquisition analysis to international conferences, IP portfolio reviews, and investment structuring.
The first task is always understanding what’s needed.
Experience
What I've done
Some assignments have involved multinational corporations, others have involved entrepreneurs, creators and growing businesses. Some lasted a single afternoon; others continued for many years.
Confidentiality prevents full disclosure, but the examples below illustrate of the kinds of work I’ve done throughout my career.
My professional career has included positions with G. Schirmer, Inc., Macmillan Publishing, the National Music Publishers’ Association and the Harry Fox Agency, Inc., the Motion Picture Association of America, and the Motion Picture Licensing Company. These roles have given me experience in business management, reginal operations, intellectual property licensing, government relations, and industry advocacy, particularly across the Asia-Pacific region.
Help businesses expand into unfamiliar markets
Expanding into a new market rarely depends upon legal compliance alone.
Success depends as much on understanding local business practices and relationships as it does on legal compliance.
I’ve helped organizations establish operations throughout Asia-Pacific, build commercial relationships, coordinate local advisers and navigate unfamiliar business environments. This has often involved assembling and supervising teams of locally accredited professionals, as well as recruiting and supervising employees. I’ve also worked in the opposite direction, assisting Asia-based organizations seeking to establish or expand their presence in the United States.
Help organizations protect and commercialize intellectual property
My professional background has been concentrated in intellectual property and the creative industries, but the issues clients bring to me are rarely confined to legal rights alone.
Assignments have included negotiating publishing and licensing agreements, advising rights holders on commercial strategy, structuring business relationships and supervising enforcement proceedings.
Intellectual property is most valuable when it supports broader business objectives rather than existing simply as a legal asset.
Work where business and public policy meet
Throughout my career I’ve worked closely with governments, regulators, industry associations and commercial organizations on issues affecting copyright, media, and technology.
This has included preparing legislative submissions, testifying before national legislatures, organizing regional advocacy campaigns and participating in discussions that ultimately resulted in legislative reform in several jurisdictions.
Business and government don’t usually approach problems in the same way, so my role usually involved helping each better understand the other’s perspective.
Selected Organizations
Organizations I’ve worked with, advised, represented or supported during the course of my career include:
TESTIMONIALS
What they've said
Frequently Asked Questions
No.
My background has been heavily concentrated in intellectual property, entertainment and creator-led businesses, but the issues clients bring to me are rarely confined to a particular industry. Strategic advice, commercial relationships, business development and international expansion are challenges faced by organizations of every kind.
Not at all.
I’ve spent much of my career working with multinational organizations, governments and international institutions. Today, many of my clients are in fact entrepreneurs, creators and growing businesses who value experienced advice before making important decisions.
Good advice shouldn’t be reserved for large companies.
No.
Some clients engage me for a single discussion or project. Others prefer an ongoing advisory relationship. Many begin with one assignment and decide later whether there’s value in continuing the conversation.
I maintain professional qualifications to practice law in the State of New York and the United States Federal District courts. I am not a registered attorney in any other jurisdiction. I can, however, manage and supervise litigious matters, help to identify and retain suitably qualified practitioners, and ‘ride shotgun’ during a lawsuit as an advisor.
Usually. When you engage Insight & Analysis, you work directly with me. Where specialist expertise is required, or licensed accreditation in a particular jurisdiction is statutorily required, I draw upon a trusted network of professionals with whom I’ve worked over many years, but I remain your principal point of contact throughout the engagement.
Yes.
Although I’ve spent much of my career living and working throughout Asia-Pacific, many assignments involve helping overseas organizations understand the region, while others involve assisting Asia-based clients expand into the United States or other international markets. I also cut my teeth as a young New York-based music industry executive engaging primarily in European markets. The conversation works in all directions.
Every assignment is different.
After an initial discussion, I normally prepare a written proposal describing the scope of the work, anticipated deliverables and the basis upon which fees will be charged. My preference is to establish clear expectations at the beginning of an engagement so there are no surprises later
The easiest way is simply to ask. If I believe I can add value, I’ll definitely tell you. If I don’t, I’ll tell you that too—and, where appropriate, I’ll try to point you toward someone better suited for your assignment.
What I Say
Writing has always been an important part of my professional life. Whether preparing government submissions, conference presentations, commentary articles or business correspondence, I’ve always been more interested in explaining why something matters than simply reporting what happened. I hope some of the articles below will be useful.
Turning Tales into Terms: the Importance of a Collaboration Agreement in Book Projects
I got a call a while back from someone who told me he had a great idea for a book. He’d previously been a detective in New York and had seen and lived a lot of experiences surrounding criminal enforcement proceedings involving various types of bad behavior and injustice inflicted upon innocent people. He said […]
Cannabis Reform in Thailand 2024: Same Same, but Different
About a year ago I posted an article discussing the burgeoning cannabis scene in Thailand. It seemed to me then that the nascent juggernaut weed economy was unlikely to sustain much more continued growth, and I queried whether we’d start to see dispensaries falling by the wayside as the novelty of legalization wore itself out, […]
Death, Taxes, and Overseas Remittances
I reached out to an Australian friend here in Bangkok a while ago to suggest that we catch up over a beer. “Too late, mate” came the response. “I was up to 160 days so I split to Singapore for a month and now I’m in Sydney. I’ll see you when I’m back in January”. […]
Mum’s the Word: Non-Disclosure Agreements
The overall purposes of an NDA are to protect confidential information, intellectual property rights, customer communications, and temper expectations. NDAs send a message, and they create a legal mechanism to protect ideas and know-how from being ripped off
Did You Notice? Copyright Attributions for Creators
I got a frantic call awhile back from a new client who told me she was facing a “copyright deadline” and was “running out of time” and didn’t think there was anything she could do about it. When I pressed her on what ‘it’ was she said “you know, everything…the copyright, I mean. I thought […]
Have We Got A Deal? Essential Elements For Any Contract
What’s A Contract? A contract is simply an enforceable agreement, meaning it represents a promise or a set of promises for which the law provides remedies if breached, or which the law can compel to be honored as a recognized obligation. That’s all it is; it’s what every contract boils down to, and it’s what […]
Thou Shalt Not: Restrictive Covenants And Their Enforceability
Restrictive covenants are contractual agreements that serve to prevent individuals from doing or saying certain things by virtue of their relationship with another party. They come up primarily (but not solely) in the context of employment or services agreements and govern behavior both during and after the termination of such agreements. Restrictive agreements are commonplace […]
Thailand’s Privilege Visa Program: A Sound Investment, Or Just Another Rip-off?
Expatriates looking to relocate to Thailand have a number of immigration options available to them depending upon their intentions, their resources, and their tolerance for risk. If you’ve been offered employment here, or you’re interested in starting up your own business that you plan to operate yourself or with some partners, you have little choice […]
Writers’ Rights And Responsibilities
If you’ve written a manuscript that’s gotten the attention of a publisher and you’ve been presented with a book publishing agreement, congratulations! You’ve accomplished something many writers don’t, and chances are you’re already represented by a literary agent, or maybe a lawyer, who has already explained all of this to you. But if it’s still […]
The Case Act: Alternative Adjudication For Copyright Disputes In The United States.
It’s said that Horse Racing and Copyright Litigation are the Sport(s) of Kings, meaning its not for poor folks or those on a budget. That’s unfortunate because if you’re a creator whose rights have been infringed resulting in a loss to your bottom line, it can be both disheartening and cruelly ironic to be told […]
Loose Lips Sink Ships: Protecting Trade Secrets
LOOSE LIPS SINK SHIPS: PROTECTING TRADE SECRETS Most new businesses spring from a good idea; a “Eureka!” moment about how to do something that nobody’s ever done before, or maybe how to do it better than anyone else ever has. Perhaps it’s a new product or a service that will capture peoples’ imagination and attention […]
Kicking And Screaming In The Land Of Smiles
So you’ve made your way into Thailand, legally, and you figure you’re all squared away with the immigration authorities. Well, maybe not. While the vast majority of short-term visitors enter and leave the kingdom without incident or concern, its ironically the case that foreigners who have taken the time and effort to obtain more complicated […]
Perception And Reality: Global Awareness And Respect For Intellectual Property Rights
The World Intellectual Property Office just released the results of their first-ever global survey of more than 25,000 respondents in 50 countries around the world regarding consumer perceptions and awareness of intellectual property rights. Five categories of intellectual property rights were selected for the survey: copyrights; designs; geographical indications; patents; and trademarks. Although well worth […]
Market Forces Or Regulation: Social And Economic Choices For Cannabis Reform In Thailand
The cannabis industry in Thailand has maintained momentum following the previous administration’s decision to remove the plant from the country’s narcotic list in June, 2022. But that isn’t to say that everyone is happy about it. Political posturing leading up to and following the installation of the new government in August suggests that policy changes […]
Words That Hurt
You might have been told when you were growing up that “sticks and stones can break my bones, but words can never hurt me.” Some of you went on to learn the hard way, though, that the wrong words at the wrong time or place could earn you a slap across your cheek, or a […]
Retirement Visas For Foreigners In Thailand
Foreigners and overseas investors contemplating doing business in Thailand must contend not only with the machinations for the legal structuring and formation of their business, but also with the requirements and formalities concerning their personal, physical presence in Thailand as well. Whereas the former issues are overseen by the Ministry of Commerce, the latter fall within the purview of the Department of Immigration. Although in most instances foreign investors running a business in the kingdom will invariably need both a non-immigrant visa as well as a work permit, certain others may benefit from a so-called “retirement” visa discussed below.
IPR Enforcement In Thailand’s CIPITC
Many intellectual property rights holders and practitioners outside of (or even inside of) Thailand with whom I speak are surprised to learn there’s a specialized court system here that focuses specifically on IPR enforcement by adjudicating disputes, including infringement and invalidity issues. Launched in 1997 in an effort to attract foreign trade and investment by ensuring “convenience, expediency and fairness of proceedings”, the Central Intellectual Property and International Trade Court (CIPITC) presently has national jurisdiction over civil and criminal cases involving patent, trademark, or copyright offenses and infringements.
Thai Corporate Structures For Overseas Investors
Thailand’s decision to de-criminalize cannabis in June 2022 prompted a new wave of foreign investment into the kingdom, as entrepreneurs from around the world sought to get in on the action while the getting was good. The past year or so has seen a free-for-all of market activity, resulting in thousands of new business formations for cannabis dispensaries alone. Though heavily politicized heavily during the recent national elections, doors into the market remain open (at least for the time being) for speculators interested in growing, processing, or distributing cannabis on a commercial basis in Thailand. Various types of business structures are available to foreign investors for such purposes.
The value of an MOU
Business negotiations in Asia, particularly those involving parties of different nationalities, usually involves several meetings over an extended period of months, as well as an ongoing exchange of communications in between. The process will usually take longer and may seem more drawn out than would be the case if, for example, both parties spoke the same native language and lived in the same city. The more people that are involved in such negotiations, the greater the likelihood of some misunderstanding by someone about what has been discussed or agreed. A helpful tool to ensure that discussions stay focused and moving forward is the Memorandum of Understanding (MOU).
U.S. Visa Requirements For Foreign Music Artists
Recently, a band I know from of in Taiwan was excited to receive an invitation from an event organizer to join the line-up of a big 3-day music festival in the United States. Like many Asian musicians, these guys are keen to tap into the U.S. market and they hoped they could also build in some other gigs before and after the festival in order to maximize their exposure on the ground there. Unfortunately, a misunderstanding between the parties concerning U.S. immigration requirements and procedures caused the band’s management to decline the invitation.
Home Taxation For Foreign Expatriates
Expatriates doing business in Asia have to contend with local financial reporting requirements in their foreign countries of residence including personal income tax reporting and, where applicable, business income resulting from their operation of a foreign-registered company. Depending on the jurisdiction, these requirements may either be straightforward and uncomplicated, or cumbersome and convoluted; it can sometimes be a lot to deal with. But it’s important that while doing so, expatriates not overlook any attendant reporting requirements back in their home countries. Although most countries around the world exclude foreign-sourced income from their citizens’ reporting requirements, certain others (most notably the United States) have altogether different requirements that must not be overlooked.
Business Presentations In Asia: Tips For Effective Communications
So, imagine you’re scheduled to give a presentation somewhere in Asia that you’ve never been before. In fact, it’s the first time you’ve ever been anywhere in Asia at all. Anyway, further imagine it’s an international business conference and you’re scheduled to give a 15-minute presentation on a stage in front of a large multi-lingual audience. Imagine it’s also your first time attending this particular event and that you’re not familiar with either the composition of the attendees or the flow of presentation, but that you want to make a good impression. Here are some simple guidelines for making more effective business presentations that too many people often overlook.
Do Intellectual Property Rights Last Forever?
Intellectual Property Rights (IPR) refer to the body of legal protections available to authors and creators for their inventions and works – most notably patents, trademarks, and copyrights – which extend exclusive rights in their favor for limited periods of time as a form of limited monopoly incentive to continue developing and sharing their output with the rest of us. A question I’m often asked by creators is how long, exactly, those various terms of protection last, and whether their heirs can benefit from them. “It depends” I tell them. “And yes, of course!”
Responding To Infringement Allegations In The Workplace
Many companies nowadays find themselves accused at some point of having infringed somebody else’s intellectual property in the course of their operations. Such allegations may certainly cause alarm for business owners, particularly given how they are sometimes presented. But they need not bring things to a grinding halt, and can often be resolved amicably and cost-effectively depending […]
Territoriality In Intellectual Property Rights
Creators and legal practitioners are sometimes confused when they think about intellectual property rights in global terms. Although its true that creators retain so-called “global rights” to their works unless and until they are assigned or transferred territorially, it does not follow that rights owners immediately or automatically receive the benefit of protection for their works everywhere around the world from the moment they are created. Yet mechanisms do exist to facilitate such protection and related trade involving intellectual property rights amongst different jurisdictions.
Using (Other Peoples’) Intellectual Property in the workplace
Many businesses are built around intellectual property that they create themselves, whether ideas for better products or services, or new content that’s never existed before. But virtually every business enterprise regularly uses somebody else’s IP in the course of their operations. Most of this use involves copyright, simply by virtue of our daily activities. It’s virtually impossible to go through your business day without making some use of another person’s copyright, and it’s almost impossible to prevent it from happening technologically. That’s why copyright owners seek to control the authorized use of their works by imposing certain “road rules” affecting their use.
Intellectual Property Rights For Start-ups And Entrepreneurs
Start-up businesses are typically based off of an idea, maybe for making a better product or providing a better service or the creation of some new content. Ideas and creative expressions are legally protected around the world by various kinds of intellectual property (IP) rights, which serve to protect against their unauthorized use. Although IP rights vary somewhat in terms of their scope(s) and duration, they may perhaps be thought of as different fingers of a common hand serving the same underlying purpose.
Entertainment Lawyers: An Indispensable Asset for Creative Talent
Clients in the entertainment industries often face multi-faceted concerns. In the best of times, they will be monetizing their talents and responding to commercial opportunities. At other times, they may be accused of wrongdoing, or be the victim of wrongdoing themselves.
An entertainment lawyer may therefore be the best investment creators can make in themselves.
A gifted orator and communicator able to function proficiently and energetically with the various diverse cultures and changing circumstances of the Asia Pacific Region, Frank thrives in meeting the challenge of putting forward intelligent arguments to advance the issues at hand. He has also shown himself able to be able to advocate effectively with those with whom he engages throughout the Asia Pacific region, including local and regional alliances that he was personally worked to forge over the years.
Christopher J. Dodd United States Senator, 1998-2011 Chairman & CEO, Motion Picture Association 2011-2017