Attorney
Krista focuses her practice on providing daily strategic counsel and transactional support to video game, UGC developer, esports, and other interactive media clients. On any given day, this means handling commercial contracts, employment law matters, intellectual property transactions, negotiating with leagues on behalf of teams or talent, supporting games publishing and marketing, supporting UGC creation, and providing general start-up support.
She loves getting dialed-in to the ongoing needs and individual goals of her clients, knowing that clients receive the best legal support when their attorney has an intimate understanding of their specific business goals and values beyond what’s written down in a deal memo. In her practice, Krista emphasizes the need to balance legal considerations against each client’s practical, business considerations and other non-legal concerns.
Krista handles licensing and merchandising agreement for collaborations with some of the most popular brands in the world, including Marvel and Star Wars. She regularly negotiates industry-leading sponsorship, media distribution, and talent agreements, and supports games publishers and game developers behind acclaimed indie games and highly anticipated sequels.
Her work on behalf of esports teams has been integral to the negotiation of charter and operational documents for the first franchise-style esports leagues including the League of Legends Championship Series, League of Legends European Championship, Overwatch League, and Call of Duty League.
In addition, she regularly counsels clients on their practices surrounding online services whereby they interact with fans and customers, an area of business where privacy law, data collection, e-commerce support, and subscription-based-service support obligations are often overlooked. She emphasizes the need to balance legal considerations against practical, business considerations and other non-legal concerns. Every client has different priorities, philosophies, and goals, and she enjoys the ability to customize approaches on a client-by-client basis.
With contributions and honors extending beyond her work at ESG, Krista is a member of the ABA Sports Forum leadership team and is one of the co-founders of the Esports Bar Association. In 2019, she was honored by the Sports Business Journal as one of its Game Changers, the SBJ’s list of the most influential women in sports business. Prior to ESG, Krista was partner at a management side employment and workplace dispute firm in St. Paul, Minnesota.
Publications by Krista Hiner
Federal Overtime Pay Eligibility Expanded
Effective July 1, 2024, and again January 1, 2025, the salary minimums required to classify an employee as exempt from overtime pay under federal law will increase. Employers are encouraged to start planning now for compliance.
By Krista Hiner
FTC Votes to Effectively Ban Non-Competes
On April 23, 2024 the FTC voted to effectively ban non-competes nationwide for workers and senior executives.
By Krista Hiner
When is Your Tattoo Not Really YOUR Tattoo?
Ongoing litigation from a tattoo artist who has inked professional NBA players challenges the rights that those players have to license their image and likeness, including the tattoos on their bodies, for use in video games.
By Krista Hiner
Developers Thinking Ahead: Reserve Control Over Adaptations of Your Game
The recent increase in film/series adaptations of video game intellectual property serves as a reminder to developers to be cautious about what adaptation rights they grant to games publishers and other third parties.
By Krista Hiner
California's AB 2751 Proposes "Right to Disconnect" for Employees
California Assembly Bill 2751 proposes a "right to disconnect", which would grant employees a statutory right to ignore their employer outside of written, agreed upon working hours.
By Krista Hiner
LEGO/Fortnite Islands and Branded UGC
A high level look at the recent Lego/Fortnite partnership announcement, branded UGC, and a sample of legal considerations for UGC developers.
By Krista Hiner
2024 Prediction: new year, new business model trend for games companies
We predict that following the unprecedented gaming layoffs in January 2024, we'll see a trend of new games companies adopting more equitable, worker-friendly models, such as the worker cooperative model.
By Krista Hiner
2024 Updates to California Employment Laws
A summary of several new California laws and amendments that, effective January 1, 2024, will change employers' obligations and how certain cases are handled.
By Krista Hiner