A federal judge voiced concern Friday that a sprawling copyright infringement lawsuit against reggaeton superstar Bad Bunny — and more than a hundred other artists including Karol G, Pitbull, Anitta, Drake, and Daddy Yankee — could put a chokehold on the “creativity” of an entire genre of music.
Still, U.S. District Judge Andre Birotte Jr. declined to issue an immediate ruling after hearing nearly two hours of argument over a defense motion to dismiss the high-profile case filed by lawyers for the Jamaican group Steely & Clevie.
The massive case, which consolidates...
Still, U.S. District Judge Andre Birotte Jr. declined to issue an immediate ruling after hearing nearly two hours of argument over a defense motion to dismiss the high-profile case filed by lawyers for the Jamaican group Steely & Clevie.
The massive case, which consolidates...
- 10/20/2023
- by Nancy Dillon
- Rollingstone.com
Click here to read the full article.
Two years after sweeping lockdowns went into effect to prevent the spread of Covid-19, case law is mounting in favor of insurers that were sued for denying claims.
A California federal judge on Wednesday definitively rejected Creative Artists Agency’s suit against Affiliated FM Insurance for refusing to cover losses tied to business closures forced by the virus. Following a long line of precedent, U.S. District Judge Andre Birotte Jr. found that policies for “direct physical loss or damage” don’t cover pandemic-related policy claims.
When local governments started to issue stay-at-home orders in 2020, billions of dollars worth of claims — many from companies in the entertainment and live-event business — poured in across the country. But instead of paying out, insurers looked to the fine print and denied en masse. The industry collectively found that business interruption policies for lost revenue excluded coverage for pandemic closures,...
Two years after sweeping lockdowns went into effect to prevent the spread of Covid-19, case law is mounting in favor of insurers that were sued for denying claims.
A California federal judge on Wednesday definitively rejected Creative Artists Agency’s suit against Affiliated FM Insurance for refusing to cover losses tied to business closures forced by the virus. Following a long line of precedent, U.S. District Judge Andre Birotte Jr. found that policies for “direct physical loss or damage” don’t cover pandemic-related policy claims.
When local governments started to issue stay-at-home orders in 2020, billions of dollars worth of claims — many from companies in the entertainment and live-event business — poured in across the country. But instead of paying out, insurers looked to the fine print and denied en masse. The industry collectively found that business interruption policies for lost revenue excluded coverage for pandemic closures,...
- 7/29/2022
- by Winston Cho
- The Hollywood Reporter - Movie News
Oscar-winner Mo’Nique has settled a lawsuit filed against Netflix that alleged a gender and racial bias when it came to her stand-up salary.
The “Precious” actress filed the suit against Netflix in November 2019 about a shelved comedy special and the subsequent professional fallout of her pay dispute.
“Netflix courted Mo’Nique, saw what she had to offer and made her an offer,” Mo’Nique’s attorneys from the deRubertis Law Firm and Schimmel & Parks stated in a multi-claim complaint filed in L.A. Superior Court, as reported by Deadline. “But the offer Netflix made Mo’Nique wreaked of discrimination; it perpetuated the pay gap suffered by Black women.”
Mo’Nique sued Netflix for the 500,000 salary offer back in 2017, with her lawyers saying, “Netflix’s business practice of paying Black women less than non-Black women for substantially equal or similar work causes harm to Plaintiff that outweighs any reason Netflix may have for doing so.
The “Precious” actress filed the suit against Netflix in November 2019 about a shelved comedy special and the subsequent professional fallout of her pay dispute.
“Netflix courted Mo’Nique, saw what she had to offer and made her an offer,” Mo’Nique’s attorneys from the deRubertis Law Firm and Schimmel & Parks stated in a multi-claim complaint filed in L.A. Superior Court, as reported by Deadline. “But the offer Netflix made Mo’Nique wreaked of discrimination; it perpetuated the pay gap suffered by Black women.”
Mo’Nique sued Netflix for the 500,000 salary offer back in 2017, with her lawyers saying, “Netflix’s business practice of paying Black women less than non-Black women for substantially equal or similar work causes harm to Plaintiff that outweighs any reason Netflix may have for doing so.
- 6/15/2022
- by Samantha Bergeson
- Indiewire
Mo’Nique, Netflix Settle Gender & Racial Discrimination Lawsuit Over Pay For Comedy Special – Update
2Nd Update, 9:45 Am: Mo’Nique and Netflix have settled the lawsuit she filed against the streaming company in 2019 claiming racial and gender bias, Deadline has confirmed. Details of the deal weren’t disclosed. Read about the case below.
Updated, July 2, 2020: Subscribers and revenues may be up for Netflix, but a federal judge has denied the streamer’s second motion to throw out Mo’Nique’s racial and gender bias lawsuit against the now Ted Sarandos co-ceo’d company.
The comic and Precious Oscar winner, real name Monique Hicks, says the 500,000 she was first offered by Netflix in 2017 for a stand-up special was not just an insult but illegal. Her gender and racial discrimination filing of last November over pay for a potential comedy special cites the tens of millions reportedly paid to the likes of Amy Schumer, Ricky Gervais, Ellen DeGeneres and Dave Chappelle for their Netflix specials.
The...
Updated, July 2, 2020: Subscribers and revenues may be up for Netflix, but a federal judge has denied the streamer’s second motion to throw out Mo’Nique’s racial and gender bias lawsuit against the now Ted Sarandos co-ceo’d company.
The comic and Precious Oscar winner, real name Monique Hicks, says the 500,000 she was first offered by Netflix in 2017 for a stand-up special was not just an insult but illegal. Her gender and racial discrimination filing of last November over pay for a potential comedy special cites the tens of millions reportedly paid to the likes of Amy Schumer, Ricky Gervais, Ellen DeGeneres and Dave Chappelle for their Netflix specials.
The...
- 6/15/2022
- by Dominic Patten
- Deadline Film + TV
A South Bay man was sentenced today to 97 months in federal prison for defrauding Asian investment firms out of $14 million by falsely claiming the money would be used to produce a feature film distributed by Netflix.
While out on bond, the defendant also illegally sold the Manhattan Beach house he purchased with his ill-gotten gains by forging the signatures of his victims’ lawyers.
Adam Joiner of Manhattan Beach, 43, was sentenced by U.S. District Judge Andre Birotte Jr., who also ordered him to pay $14 million in restitution. Joiner pleaded guilty in October 2019 to one count of wire fraud and, in December 2019, to an additional count of wire fraud.
Joiner used fake documents and forged signatures to raise millions of dollars from foreign investment firms based in South Korea and China for a movie project he said would be called Legends and would depict American folklore icons such as Paul Bunyan and John Henry.
While out on bond, the defendant also illegally sold the Manhattan Beach house he purchased with his ill-gotten gains by forging the signatures of his victims’ lawyers.
Adam Joiner of Manhattan Beach, 43, was sentenced by U.S. District Judge Andre Birotte Jr., who also ordered him to pay $14 million in restitution. Joiner pleaded guilty in October 2019 to one count of wire fraud and, in December 2019, to an additional count of wire fraud.
Joiner used fake documents and forged signatures to raise millions of dollars from foreign investment firms based in South Korea and China for a movie project he said would be called Legends and would depict American folklore icons such as Paul Bunyan and John Henry.
- 11/11/2021
- by Tom Tapp
- Deadline Film + TV
WME and the WGA have finally come to terms on a settlement that will allow WME to resume representing writers after a nearly two-year standoff with the guild. WME was the last agency holdout in the WGA’s campaign to reform the rules governing how talent agents represent union writers.
The WGA told members that the deal is in line with previous agreements with CAA, UTA and ICM, which aim to end conflicts of interest in writer representation. The deals preclude the agencies from holding 20% or more of a production company. A side letter agreement requires that WME divest its interest in Endeavor Content to that threshold by a date certain, and appoints a retired judge to oversee the process. The deal also imposes a similar restriction on Silver Lake Partners, Endeavor’s majority owner.
There’s speculation that Endeavor may seek to sell off about 81% of Endeavor Content in multiple slices to financial buyers,...
The WGA told members that the deal is in line with previous agreements with CAA, UTA and ICM, which aim to end conflicts of interest in writer representation. The deals preclude the agencies from holding 20% or more of a production company. A side letter agreement requires that WME divest its interest in Endeavor Content to that threshold by a date certain, and appoints a retired judge to oversee the process. The deal also imposes a similar restriction on Silver Lake Partners, Endeavor’s majority owner.
There’s speculation that Endeavor may seek to sell off about 81% of Endeavor Content in multiple slices to financial buyers,...
- 2/6/2021
- by Cynthia Littleton
- Variety Film + TV
The Writers Guild of America and William Morris Endeavor have agreed to postpone their upcoming federal trial until February 2022 as the two sides continue to work toward a franchise agreement.
A deal would allow the Hollywood agency to represent writers again and end an industry dispute over packaging fees and agency-affiliated production companies that dates to 2018.
In court documents obtained by TheWrap, attorneys for both sides filed a request to push back the trial six months from its previous trial date of August 24. The trial stems from a lawsuit filed by WME, CAA, and UTA last summer accusing the Writers Guild of participating in an illegal boycott by having its members terminate their representation with any agency that does not agree to phase out packaging fees, payments from a studio to an agency in exchange for packaging talent on a project that have been called a conflict of interest by the WGA.
A deal would allow the Hollywood agency to represent writers again and end an industry dispute over packaging fees and agency-affiliated production companies that dates to 2018.
In court documents obtained by TheWrap, attorneys for both sides filed a request to push back the trial six months from its previous trial date of August 24. The trial stems from a lawsuit filed by WME, CAA, and UTA last summer accusing the Writers Guild of participating in an illegal boycott by having its members terminate their representation with any agency that does not agree to phase out packaging fees, payments from a studio to an agency in exchange for packaging talent on a project that have been called a conflict of interest by the WGA.
- 1/26/2021
- by Jeremy Fuster
- The Wrap
After a nearly two-year standoff, WME is closing in on a settlement with the WGA that will allow the powerhouse agency to resume representing writers.
WME and its parent company Endeavor acknowledged in a statement Monday that the sides have been making progress. The guild and the town’s largest agency group have been in on-again, off-again negotiations on a settlement since last fall.
“We are currently in substantive discussions with the WGA to resolve the ongoing dispute,” Endeavor president Mark Shapiro told Variety. “The tenor of the conversation is positive, and we are working diligently with the WGA to move this forward as quickly as possible.”
Representatives for the WGA did not respond to a request for comment.
An agreement with WME will cement the WGA’s victory in the long fight with Hollywood’s top talent agents as the guild sought to reform the rules governing how talent...
WME and its parent company Endeavor acknowledged in a statement Monday that the sides have been making progress. The guild and the town’s largest agency group have been in on-again, off-again negotiations on a settlement since last fall.
“We are currently in substantive discussions with the WGA to resolve the ongoing dispute,” Endeavor president Mark Shapiro told Variety. “The tenor of the conversation is positive, and we are working diligently with the WGA to move this forward as quickly as possible.”
Representatives for the WGA did not respond to a request for comment.
An agreement with WME will cement the WGA’s victory in the long fight with Hollywood’s top talent agents as the guild sought to reform the rules governing how talent...
- 1/25/2021
- by Cynthia Littleton
- Variety Film + TV
A federal judge has denied William Morris Endeavor’s injunction request to force the Writers Guild of America to allow it to represent writers again, shutting down one avenue by the agency to end a 20-month walkout by writers as negotiations over packaging fees and ownership of Endeavor Content continues to stall.
Judge Andre Birotte Jr., who has overseen much of the legal conflict between the WGA and major Hollywood agencies over the past year and a half, said that the court did not have the authority to issue an injunction due to the Norris-laguardia act, which states that “No court shall have jurisdiction to issue any injunction in a case involving or growing out of a labor dispute except in a strict conformity” with the act’s requirements. Birotte also says that WME have proof that “unlawful acts” that would allow such an injunction to be placed had been committed.
Judge Andre Birotte Jr., who has overseen much of the legal conflict between the WGA and major Hollywood agencies over the past year and a half, said that the court did not have the authority to issue an injunction due to the Norris-laguardia act, which states that “No court shall have jurisdiction to issue any injunction in a case involving or growing out of a labor dispute except in a strict conformity” with the act’s requirements. Birotte also says that WME have proof that “unlawful acts” that would allow such an injunction to be placed had been committed.
- 12/31/2020
- by Jeremy Fuster
- The Wrap
Update: 2:57 Pm Pt — Updated with statement from WGA and details on agreement
Creative Artists Agency and Writers Guild of America West announced on Wednesday that they have reached a deal on a new franchise agreement that will allow writers to be represented by the agency after a nearly two-year standoff.
“CAA and the WGA have concluded and signed a franchise agreement confirming CAA can resume representing writers and continue the important work of helping them realize their ambitions. We end this year of unprecedented global challenges with the optimism and energy that today’s news brings, starting now, and for the years ahead,” a CAA spokesperson said Wednesday.
“The Guild appreciates the hard work of both CAA and [parent company] Tpg in working through the complicated issues involved in this negotiation,” WGA’s negotiating committee said in its own statement an hour later.
William Morris Endeavor remains the only agency that...
Creative Artists Agency and Writers Guild of America West announced on Wednesday that they have reached a deal on a new franchise agreement that will allow writers to be represented by the agency after a nearly two-year standoff.
“CAA and the WGA have concluded and signed a franchise agreement confirming CAA can resume representing writers and continue the important work of helping them realize their ambitions. We end this year of unprecedented global challenges with the optimism and energy that today’s news brings, starting now, and for the years ahead,” a CAA spokesperson said Wednesday.
“The Guild appreciates the hard work of both CAA and [parent company] Tpg in working through the complicated issues involved in this negotiation,” WGA’s negotiating committee said in its own statement an hour later.
William Morris Endeavor remains the only agency that...
- 12/16/2020
- by Jeremy Fuster
- The Wrap
Second Update: Two developments on CAA and WGA. CAA has ended its legal battle with the guild today, notifying U.S. District Court Judge Andre Birotte Jr. that it “hereby withdraws its Motion for Preliminary Injunction as it has reached a settlement with Defendants and Counter-claimants Writers Guild of America West, Inc. and Writers Guild of America East, Inc. and has been franchised by the Guilds.”
WME, now the lone agency which has not buried the hatchet with WGA over packaging and affiliated production companies, issued this statement in the wake of CAA and WGA deal: “We have reached out to the Guild to learn more about the specific terms of their agreement with CAA, but we think today’s news is a positive development and suggests a path forward for WME to reach an agreement as well.”
Earlier Exclusive, 1:15 pm Pst: Deadline hears that CAA and WGA has...
WME, now the lone agency which has not buried the hatchet with WGA over packaging and affiliated production companies, issued this statement in the wake of CAA and WGA deal: “We have reached out to the Guild to learn more about the specific terms of their agreement with CAA, but we think today’s news is a positive development and suggests a path forward for WME to reach an agreement as well.”
Earlier Exclusive, 1:15 pm Pst: Deadline hears that CAA and WGA has...
- 12/16/2020
- by Mike Fleming Jr and David Robb
- Deadline Film + TV
WME and CAA have filed objections to the WGA’s request to cross-examine several of their top officials at a December 18 court hearing on the agencies’ motions for a preliminary injunction that would force the guild to drop its group boycott against them.
The ongoing legal dispute arose in April 2019 when the WGA East and West ordered their members to fire their agents who refused to sign the guilds’ Code of Conduct, which banned packaging fees and agency affiliations with related production companies. Since then, every major agency except CAA and WME has signed a modified code that phases out packaging fees and reduces ownership interests of production companies to just 20%.
According to WME’s objection, the WGA wants to cross-examine WME president Ari Greenburg, partner Rick Rosen and Endeavor chief counsel Courtney Braun, all of whom filed declarations in the case. In his declaration, Greenburg railed against the WGA...
The ongoing legal dispute arose in April 2019 when the WGA East and West ordered their members to fire their agents who refused to sign the guilds’ Code of Conduct, which banned packaging fees and agency affiliations with related production companies. Since then, every major agency except CAA and WME has signed a modified code that phases out packaging fees and reduces ownership interests of production companies to just 20%.
According to WME’s objection, the WGA wants to cross-examine WME president Ari Greenburg, partner Rick Rosen and Endeavor chief counsel Courtney Braun, all of whom filed declarations in the case. In his declaration, Greenburg railed against the WGA...
- 12/8/2020
- by David Robb
- Deadline Film + TV
Ever since the Summer of 2019 when the Hollywood war between its writers and top talent agencies got to court, a question has loomed over proceedings: Is the Writers Guild of America conducting legitimate union activity by ordering members to fire agents who firms won’t give up packaging fees and cap affiliate production? On Friday night, the question again resurfaced as the WGA told a California federal court that it lacks the authority to issue an injunction thanks to a seminal 1932 labor law.
Both CAA and WME are currently pressing U.S. District Court Judge Andre Birotte Jr. to immediately ...
Both CAA and WME are currently pressing U.S. District Court Judge Andre Birotte Jr. to immediately ...
- 12/5/2020
- The Hollywood Reporter - Film + TV
Ever since the Summer of 2019 when the Hollywood war between its writers and top talent agencies got to court, a question has loomed over proceedings: Is the Writers Guild of America conducting legitimate union activity by ordering members to fire agents who firms won’t give up packaging fees and cap affiliate production? On Friday night, the question again resurfaced as the WGA told a California federal court that it lacks the authority to issue an injunction thanks to a seminal 1932 labor law.
Both CAA and WME are currently pressing U.S. District Court Judge Andre Birotte Jr. to immediately ...
Both CAA and WME are currently pressing U.S. District Court Judge Andre Birotte Jr. to immediately ...
- 12/5/2020
- The Hollywood Reporter - Movie News
Updated with more details: CAA and WME have asked a federal judge to deny the WGA East and West’s request for an eight-week continuance of the hearing date on the agencies’ motion for a preliminary injunction that would force the guilds to drop their group boycott against the agencies. A hearing is currently scheduled for December 18, but the guilds wants it put off until February 12. CAA, however, told the judge that “Any further delay puts at serious risk CAA’s relationship with WGA members and guarantees the loss of opportunities that will never be regained.”
Bryan Lourd, CAA’s managing partner, said in a declaration filed today that “It is my understanding that the WGA and its counsel now seek to delay resolution of CAA’s motion by two months until February 2021 so that the WGA’s counsel can take discovery. That delay is unacceptable, and further evidence that...
Bryan Lourd, CAA’s managing partner, said in a declaration filed today that “It is my understanding that the WGA and its counsel now seek to delay resolution of CAA’s motion by two months until February 2021 so that the WGA’s counsel can take discovery. That delay is unacceptable, and further evidence that...
- 11/20/2020
- by David Robb
- Deadline Film + TV
A federal judge has denied WME’s and CAA’s motions to dismiss the remainder of the WGA’s fraud and price-fixing allegations, sending the case to trial to determine whether agency packaging fees are legal.
In his 17-page ruling today (read it here), U.S. District Court Judge Andre Birotte Jr. denied the agencies’ motions to dismiss the WGA’s claims for breach of fiduciary duty, constructive fraud, violation of California’s Cartwright Act, and violation of California’s Unfair Competition Law. The judge also denied the agencies’ motion to dismiss the WGA’s representative claim for constructive fraud and claims filed by individual guild members for constructive fraud.
The WGA East and West first sued the agencies in April 2019, but on April 27, 2020, the court granted the agencies’ motions to dismiss large portions of the WGA East and West’s case, including their claims for federal price-fixing, violation of the Corrupt Organization Act,...
In his 17-page ruling today (read it here), U.S. District Court Judge Andre Birotte Jr. denied the agencies’ motions to dismiss the WGA’s claims for breach of fiduciary duty, constructive fraud, violation of California’s Cartwright Act, and violation of California’s Unfair Competition Law. The judge also denied the agencies’ motion to dismiss the WGA’s representative claim for constructive fraud and claims filed by individual guild members for constructive fraud.
The WGA East and West first sued the agencies in April 2019, but on April 27, 2020, the court granted the agencies’ motions to dismiss large portions of the WGA East and West’s case, including their claims for federal price-fixing, violation of the Corrupt Organization Act,...
- 8/13/2020
- by David Robb
- Deadline Film + TV
Exclusive: The bitter, yearlong legal dispute between the WGA and UTA is officially over, with both sides filing papers in federal court to dismiss the antitrust lawsuits they’d filed against one another. The news comes days after the guild and agency closed a deal to phase out packaging and resume writer representation.
All that remains now is for U.S. District Court Judge Andre Birotte Jr. to grant their proposed dismissal of the case, which is considered a certainty.
The WGA had accused the agency of racketeering and price-fixing, while UTA had accused the guild of engaging in an illegal group boycott. As part of their stipulations, each side has agreed to pay their own costs, including attorneys’ fees.
The WGA and UTA announced that they would be dropping their suits on Wednesday after the agency agreed to sign the guild’s franchise agreement, which calls for a phasing-out...
All that remains now is for U.S. District Court Judge Andre Birotte Jr. to grant their proposed dismissal of the case, which is considered a certainty.
The WGA had accused the agency of racketeering and price-fixing, while UTA had accused the guild of engaging in an illegal group boycott. As part of their stipulations, each side has agreed to pay their own costs, including attorneys’ fees.
The WGA and UTA announced that they would be dropping their suits on Wednesday after the agency agreed to sign the guild’s franchise agreement, which calls for a phasing-out...
- 7/18/2020
- by David Robb
- Deadline Film + TV
The Big 3 talent agencies have won another skirmish in their ongoing legal battle with the WGA over packaging fees – this time over a protective order they proposed that would prohibit the guilds’ in-house lawyers from having access to certain confidential financial and business records that the agencies have agreed to turn over during the discovery phase of the case.
Before Wednesday’s ruling, agencies WME, CAA and UTA had expressed concerns that the guilds’ in-house lawyers – WGA West general counsel Anthony Segall and WGA East general counsel Ann Burdick – might use the agencies’ client lists to uncover and discipline writers who have returned to their agencies in defiance of the guilds’ April 2019 order to fire their agents who have refused to sign the WGA’s code of conduct. They also said that Segall and Burdick might share these sensitive documents with the Big 3’s competitors, and could use the documents...
Before Wednesday’s ruling, agencies WME, CAA and UTA had expressed concerns that the guilds’ in-house lawyers – WGA West general counsel Anthony Segall and WGA East general counsel Ann Burdick – might use the agencies’ client lists to uncover and discipline writers who have returned to their agencies in defiance of the guilds’ April 2019 order to fire their agents who have refused to sign the WGA’s code of conduct. They also said that Segall and Burdick might share these sensitive documents with the Big 3’s competitors, and could use the documents...
- 6/24/2020
- by David Robb
- Deadline Film + TV
Exclusive: The WGA East and West have told a federal judge that they’ve had to spend “millions of dollars” to help find work for thousands of writers who fired their agents last year as part of the guilds’ ongoing efforts to end packaging fees.
“The Guilds have been forced to expend millions of dollars to replicate services the Agencies would otherwise provide,” they said in their latest court filing (read it here), which is intended to show that they have suffered real damages in their battle against the Big 3 agencies’ alleged price-fixing practices. “The Agencies’ refusal to forgo packaging fees has also forced the Guilds to expend over a million dollars to create and administer a website to replace the representational services previously provided by the Agencies,” they said.
In April 2019, the WGA ordered its members to fire their agents who refused to sign its agency code of conduct,...
“The Guilds have been forced to expend millions of dollars to replicate services the Agencies would otherwise provide,” they said in their latest court filing (read it here), which is intended to show that they have suffered real damages in their battle against the Big 3 agencies’ alleged price-fixing practices. “The Agencies’ refusal to forgo packaging fees has also forced the Guilds to expend over a million dollars to create and administer a website to replace the representational services previously provided by the Agencies,” they said.
In April 2019, the WGA ordered its members to fire their agents who refused to sign its agency code of conduct,...
- 6/15/2020
- by David Robb
- Deadline Film + TV
A federal judge today denied the WGA’s motion to compel the Big 3 talent agencies to produce more documents than they’d originally agreed to turn over in their ongoing legal battle over packaging fees.
It was another win for Wme, CAA and UTA — though they didn’t get away cleanly: U.S. Magistrate Alexander MacKinnon, who’s overseeing the discovery portion of the case, admonishing them for “backtracking” on an earlier stipulation about the number of documents they’d already agreed to produce.
The two sides had submitted briefs about the scope of discovery only hours after U.S. District Court Judge Andre Birotte Jr. threw out most of the guild’s claims on April 27, including claims for federal price-fixing, racketeering and group boycott, but the agencies later said that those briefs had been drafted before that ruling and did not fully take into account the “eleventh hour” import of his decision.
It was another win for Wme, CAA and UTA — though they didn’t get away cleanly: U.S. Magistrate Alexander MacKinnon, who’s overseeing the discovery portion of the case, admonishing them for “backtracking” on an earlier stipulation about the number of documents they’d already agreed to produce.
The two sides had submitted briefs about the scope of discovery only hours after U.S. District Court Judge Andre Birotte Jr. threw out most of the guild’s claims on April 27, including claims for federal price-fixing, racketeering and group boycott, but the agencies later said that those briefs had been drafted before that ruling and did not fully take into account the “eleventh hour” import of his decision.
- 6/8/2020
- by David Robb
- Deadline Film + TV
The Big 3 talent agencies, having already won a partial victory in their yearlong legal battle with the WGA over packaging fees, now are asking a federal judge to dismiss all of the guild’s remaining claims.
In a 25-page motion filed Wednesday, Wme, CAA and UTA asked U.S. District Court Judge Andre Birotte Jr. to toss out the WGA’s remaining claims of price-fixing, unfair competition and breach of fiduciary duty.
Read the agencies’ latest motion here.
On April 27, the agencies declared that they’d won a “resounding victory” after Birotte dismissed major portions of the WGA’s case when he ruled that the WGA lacks antitrust standing to pursue its federal price-fixing claim; lacks organizational standing to bring claims for breach of fiduciary duty and constructive fraud on behalf of its members; lacks standing to bring an Unfair Competition Law (Ucl) cause of action on its own behalf...
In a 25-page motion filed Wednesday, Wme, CAA and UTA asked U.S. District Court Judge Andre Birotte Jr. to toss out the WGA’s remaining claims of price-fixing, unfair competition and breach of fiduciary duty.
Read the agencies’ latest motion here.
On April 27, the agencies declared that they’d won a “resounding victory” after Birotte dismissed major portions of the WGA’s case when he ruled that the WGA lacks antitrust standing to pursue its federal price-fixing claim; lacks organizational standing to bring claims for breach of fiduciary duty and constructive fraud on behalf of its members; lacks standing to bring an Unfair Competition Law (Ucl) cause of action on its own behalf...
- 5/28/2020
- by David Robb
- Deadline Film + TV
After a stinging loss in federal court two weeks ago, the WGA has filed its first amended complaint in its ongoing legal battle with the Big 3 talent agencies over packaging fees.
The latest filing reframes many of the guild’s claims that U.S. District Court Judge Andre Birotte Jr. threw out on April 27, including his ruling that the guild “lacks organizational standing to bring claims for breach of fiduciary duty and constructive fraud on behalf of their members.” In its amended complaint, the guild asks the judge to “declare that packaging fees constitute a breach of the Agencies’ fiduciary duties to their writer-clients,” and that “the Agencies’ packaging fee practices constitute constructive fraud.”
Birotte also had ruled that the guild “lacks Article III standing to bring an Unfair Competition Law (Ucl) cause of action on their own behalf,” but the guild is now urging him to “declare that packaging...
The latest filing reframes many of the guild’s claims that U.S. District Court Judge Andre Birotte Jr. threw out on April 27, including his ruling that the guild “lacks organizational standing to bring claims for breach of fiduciary duty and constructive fraud on behalf of their members.” In its amended complaint, the guild asks the judge to “declare that packaging fees constitute a breach of the Agencies’ fiduciary duties to their writer-clients,” and that “the Agencies’ packaging fee practices constitute constructive fraud.”
Birotte also had ruled that the guild “lacks Article III standing to bring an Unfair Competition Law (Ucl) cause of action on their own behalf,” but the guild is now urging him to “declare that packaging...
- 5/12/2020
- by David Robb
- Deadline Film + TV
The WGA today accused the Big 3 talent agencies of making “multiple misrepresentations” to a federal judge who’s presiding over their yearlong legal battle over packaging fees. The guild now is requesting that a hearing that had been taken off calendar be reinstated so oral arguments can be heard about the scope of discovery in the case.
That hearing had been set for May 19 but was taken off calendar on April 29 – two days after U.S. District Court Andre Birotte Jr. dismissed a large portion of the WGA’s antitrust claims against Wme, CAA and UTA. The WGA East and West – who together with several named plaintiffs are the counterclaimants in the case – made their request today to U.S. Magistrate Judge Alexander MacKinnon, who is handling the discovery portion of the case.
On April 27, Birotte threw out the WGA’s claims for federal price-fixing, racketeering and group boycott,...
That hearing had been set for May 19 but was taken off calendar on April 29 – two days after U.S. District Court Andre Birotte Jr. dismissed a large portion of the WGA’s antitrust claims against Wme, CAA and UTA. The WGA East and West – who together with several named plaintiffs are the counterclaimants in the case – made their request today to U.S. Magistrate Judge Alexander MacKinnon, who is handling the discovery portion of the case.
On April 27, Birotte threw out the WGA’s claims for federal price-fixing, racketeering and group boycott,...
- 5/7/2020
- by David Robb
- Deadline Film + TV
Hollywood’s Big 3 talent agencies estimate that it will cost them more than $10 million to produce all the documents the WGA is seeking in discovery as their yearlong legal battle over packaging fees winds its way slowly towards trial next March. The WGA, however, says the discovery costs to the agencies will be much lower, even if the guild gets everything it wants. Under the agencies’ proposals to limit discovery, their costs could be cut by two-thirds.
In the latest court filings, Wme says the guild’s discovery requests will cost the agency approximately $4,050,970 if it has to produce tens of thousands of documents in the custody of 35 current and former agents and executives – known as “custodians” in court filings. CAA says it will it cost “a minimum of $3.5 million,” and UTA says it will cost more than $3 million – at about $105,637 per custodian.
At issue is a dispute over the...
In the latest court filings, Wme says the guild’s discovery requests will cost the agency approximately $4,050,970 if it has to produce tens of thousands of documents in the custody of 35 current and former agents and executives – known as “custodians” in court filings. CAA says it will it cost “a minimum of $3.5 million,” and UTA says it will cost more than $3 million – at about $105,637 per custodian.
At issue is a dispute over the...
- 4/29/2020
- by David Robb
- Deadline Film + TV
Updated with WGA statement, 8:56: Saying the WGA’s claims were “gutted,” Hollywood’s Big 3 talent agencies declared “a resounding victory” in a statement reacting to a federal judge dismissing huge chunks of the union’s antitrust lawsuit against them today.
In its own statement later, however, the WGA said it plans to fight on, saying, “The court’s decision assures that the Guild’s core claims … will be explored through discovery.”
Here are the sides’ dual statements. First is Wme, CAA and UTA’s take:
“The WGA’s claims against the major talent agencies were gutted today by the federal court. This is a resounding victory for CAA, UTA and Wme. The judge ruled that the WGA has no standing to bring most of its claims and further has rejected the Guild’s contention that packaging fees are a form of a kickback. What has become crystal clear is that David Young,...
In its own statement later, however, the WGA said it plans to fight on, saying, “The court’s decision assures that the Guild’s core claims … will be explored through discovery.”
Here are the sides’ dual statements. First is Wme, CAA and UTA’s take:
“The WGA’s claims against the major talent agencies were gutted today by the federal court. This is a resounding victory for CAA, UTA and Wme. The judge ruled that the WGA has no standing to bring most of its claims and further has rejected the Guild’s contention that packaging fees are a form of a kickback. What has become crystal clear is that David Young,...
- 4/28/2020
- by David Robb
- Deadline Film + TV
Hollywood’s Big 3 talent agencies told a federal judge today that the WGA’s discovery demands for thousands of documents “has been independently challenged by the difficulties associated with remote discovery caused by the Covid-19 pandemic.” Wme, CAA and UTA, which have been locked in a yearlong legal battle with the guild over packaging fees, made that point today in a reply to the WGA’s opposition to their motion for a temporary stay in the discovery process.
The agencies, which previously had petitioned U.S. District Court Judge Andre Birotte Jr. to dismiss all the guild’s antitrust claims, had asked three weeks ago for a temporary discovery stay until he rules on their motion to dismiss – saying that there’s a “clear possibility” that the judge might do so.
The guild, however, last week filed its opposition to that motion, saying that such a stay would “seriously prejudice the guilds’ ability to defend and prosecute this case,” and that “the agencies are not likely to prevail on their motion to dismiss.”
The agencies today answered again that there is a “clear possibility” that the guild’s claims “to which these document requests exclusively relate will be dismissed, rendering wasteful any judicial and party efforts to deal with them now.”
“In the event that the [WGA’s] counterclaims are dismissed, the duration of a limited stay of document requests concerning those counterclaims will not matter,” the agencies said in today’s brief. “And in the event they are not dismissed, the parties can meet-and-confer about the case schedule, which has been independently challenged by the difficulties associated with remote discovery caused by the Covid-19 pandemic – as Counterclaimants acknowledge.”
There are 16 of 80 document requests at issue. The WGA, the agencies say, “vastly understate[s] the costs to the agencies – and to the Court – of dealing with 16 extremely expansive document requests that might soon be rendered moot…Request-after-request seeking ‘all’ documents concerning inter-agency communications back to 1999, virtually every note taken at an Association of Talent Agents meeting, every communication with the Ata, travel logs, expense reports, calendars, notepads, voice mails, diaries, Rolodexes, etc., can hardly be dealt with at ‘minimal, if any, additional burden.’”
A year ago, the WGA ordered all its members to fire their agents who refused to sign its agency code of conduct, which banned packaging fees and agency affiliations with corporately related production entities. The WGA and the Ata last met June 7, with the guild claiming that the big agencies have refused to bargain for a new franchise agreement ever since.
The agencies, which previously had petitioned U.S. District Court Judge Andre Birotte Jr. to dismiss all the guild’s antitrust claims, had asked three weeks ago for a temporary discovery stay until he rules on their motion to dismiss – saying that there’s a “clear possibility” that the judge might do so.
The guild, however, last week filed its opposition to that motion, saying that such a stay would “seriously prejudice the guilds’ ability to defend and prosecute this case,” and that “the agencies are not likely to prevail on their motion to dismiss.”
The agencies today answered again that there is a “clear possibility” that the guild’s claims “to which these document requests exclusively relate will be dismissed, rendering wasteful any judicial and party efforts to deal with them now.”
“In the event that the [WGA’s] counterclaims are dismissed, the duration of a limited stay of document requests concerning those counterclaims will not matter,” the agencies said in today’s brief. “And in the event they are not dismissed, the parties can meet-and-confer about the case schedule, which has been independently challenged by the difficulties associated with remote discovery caused by the Covid-19 pandemic – as Counterclaimants acknowledge.”
There are 16 of 80 document requests at issue. The WGA, the agencies say, “vastly understate[s] the costs to the agencies – and to the Court – of dealing with 16 extremely expansive document requests that might soon be rendered moot…Request-after-request seeking ‘all’ documents concerning inter-agency communications back to 1999, virtually every note taken at an Association of Talent Agents meeting, every communication with the Ata, travel logs, expense reports, calendars, notepads, voice mails, diaries, Rolodexes, etc., can hardly be dealt with at ‘minimal, if any, additional burden.’”
A year ago, the WGA ordered all its members to fire their agents who refused to sign its agency code of conduct, which banned packaging fees and agency affiliations with corporately related production entities. The WGA and the Ata last met June 7, with the guild claiming that the big agencies have refused to bargain for a new franchise agreement ever since.
- 4/25/2020
- by David Robb
- Deadline Film + TV
WGA Files Opposition To Big 3 Agencies’ Motion To Stay Document Discovery In Ongoing Antitrust Suits
The WGA today filed its opposition to the Big 3 talent agency’s motion to temporarily stay the discovering of certain documents sought by the guild, telling a federal judge that such a stay would “seriously prejudice the guilds’ ability to defend and prosecute this case.”
The two sides have been locked in a contentious legal battle over packaging fees and agency affiliations with related production entities for the last year, with each accusing the other of violating antitrust laws.
More from DeadlineWGA And AMPTP Move Closer To Agreeing On A May 11 Start Date For Film & TV Contract NegotiationsWGA Says Coronavirus Crisis Has "Increased Our Resolve" To Advance Guild's Bargaining Goals For A New Film & TV ContractWGA West Calls On CBS To Expand Paid Sick Leave For News Writers During Covid-19 Pandemic
Earlier this month, Wme, CAA and UTA asked Us District Court Judge Andre Birotte Jr. to postpone the guild’s discovery efforts,...
The two sides have been locked in a contentious legal battle over packaging fees and agency affiliations with related production entities for the last year, with each accusing the other of violating antitrust laws.
More from DeadlineWGA And AMPTP Move Closer To Agreeing On A May 11 Start Date For Film & TV Contract NegotiationsWGA Says Coronavirus Crisis Has "Increased Our Resolve" To Advance Guild's Bargaining Goals For A New Film & TV ContractWGA West Calls On CBS To Expand Paid Sick Leave For News Writers During Covid-19 Pandemic
Earlier this month, Wme, CAA and UTA asked Us District Court Judge Andre Birotte Jr. to postpone the guild’s discovery efforts,...
- 4/18/2020
- by David Robb
- Deadline Film + TV
Exclusive, Updated with WGA statement: The Big Three talent agencies, locked in an antitrust lawsuit with the WGA, have asked a federal judge to temporarily stay discovery on certain documents sought by the guild, saying there is a “clear possibility” the guild’s counterclaims against them will be dismissed.
On January 6, U.S. District Court Judge Andre Birotte Jr. denied the WGA’s motion to dismiss the antitrust lawsuits filed against it by Wme, CAA and UTA, but he has yet to rule on the agencies’ motion to dismiss the guild’s counterclaims against them. Oral arguments on that motion were held on January 24.
In a motion filed with the court Wednesday (read it here), the agencies said that even...
On January 6, U.S. District Court Judge Andre Birotte Jr. denied the WGA’s motion to dismiss the antitrust lawsuits filed against it by Wme, CAA and UTA, but he has yet to rule on the agencies’ motion to dismiss the guild’s counterclaims against them. Oral arguments on that motion were held on January 24.
In a motion filed with the court Wednesday (read it here), the agencies said that even...
- 4/2/2020
- by David Robb
- Deadline Film + TV
Oral arguments were heard today in federal court on the Big 3 talent agencies’ motion to dismiss the WGA’s antitrust suit against them. If U.S. District Court Judge Andre Birotte Jr. denies the motion, the case would be headed for trial in March 2021 after a lengthy and costly discovery process, in which the sides would have to open their books to each other.
Last month, without ruling on the merits of the case, the judge issued a tentative ruling that denied the WGA’s motion to dismiss the lawsuits brought against the guild by Wme, CAA and UTA. He made that tentative ruling before hearing oral arguments, and then made the ruling final on January 7. Today, however, he made no tentative ruling – either before or after the hearing.
The guild argued today that packaging fees “are kickbacks and bribes” that the agencies have been extracting from the studios to package their shows,...
Last month, without ruling on the merits of the case, the judge issued a tentative ruling that denied the WGA’s motion to dismiss the lawsuits brought against the guild by Wme, CAA and UTA. He made that tentative ruling before hearing oral arguments, and then made the ruling final on January 7. Today, however, he made no tentative ruling – either before or after the hearing.
The guild argued today that packaging fees “are kickbacks and bribes” that the agencies have been extracting from the studios to package their shows,...
- 1/24/2020
- by David Robb
- Deadline Film + TV
Friday’s scheduled hearing on the Big 3 talent agencies’ motions to dismiss the WGA’s antitrust suit against them has been rescheduled for January 24. U.S. District Court Judge Andre Birotte Jr. gave no reason for the one-week postponement.
Earlier this month, the judge denied the WGA’s motion to dismiss the agencies’ counter-claims, and if he follows suit and denies the Wme, CAA and UTA motions to dismiss the WGA’s suit, the case will be headed for discovery – and a trial that isn’t expected to begin until next year.
The dispute began in April when the WGA ordered all of its members to fire their agents who refused to sign its Code of Conduct, which banned packaging fees and agency ties to corporately affiliated production entities. The guild filed suit and Wme, CAA and UTA filed countersuits.
The agencies claim that the WGA, in its nine-month campaign...
Earlier this month, the judge denied the WGA’s motion to dismiss the agencies’ counter-claims, and if he follows suit and denies the Wme, CAA and UTA motions to dismiss the WGA’s suit, the case will be headed for discovery – and a trial that isn’t expected to begin until next year.
The dispute began in April when the WGA ordered all of its members to fire their agents who refused to sign its Code of Conduct, which banned packaging fees and agency ties to corporately affiliated production entities. The guild filed suit and Wme, CAA and UTA filed countersuits.
The agencies claim that the WGA, in its nine-month campaign...
- 1/16/2020
- by David Robb
- Deadline Film + TV
Updated with WGA and agencies’ statements, more info: A federal judge has denied the WGA’s motion to dismiss antitrust lawsuits filed by Hollywood agencies CAA, Wme and UTA against the guild.
The ruling (read it here) by U.S. District Court Judge Andre Birotte Jr. formally denied the defendants’ motion to dismiss, or in the alternative, motion for judgment on the pleadings. It followed from Birotte’s tentative ruling December 6 after hearing arguments from both sides in the high-profile guild-vs.-agencies battle.
It is a significant victory for the Big Three agencies in the long public and court battle over the past several months. The ruling is not appealable, meaning the case can move forward to trial after the discovery process. Both sides have suggested a trial could start in March 2021 and last 20 days.
In a joint statement, the three agencies said that “Despite every attempt by the WGA...
The ruling (read it here) by U.S. District Court Judge Andre Birotte Jr. formally denied the defendants’ motion to dismiss, or in the alternative, motion for judgment on the pleadings. It followed from Birotte’s tentative ruling December 6 after hearing arguments from both sides in the high-profile guild-vs.-agencies battle.
It is a significant victory for the Big Three agencies in the long public and court battle over the past several months. The ruling is not appealable, meaning the case can move forward to trial after the discovery process. Both sides have suggested a trial could start in March 2021 and last 20 days.
In a joint statement, the three agencies said that “Despite every attempt by the WGA...
- 1/7/2020
- by David Robb
- Deadline Film + TV
The long standoff between the WGA and the Big Three talent agencies could go on much longer. The two sides in a court filing Friday have proposed a trial start date of March 2021 for their legal showdown that has already lasted more than eight months.
The filing, which includes a scheduling worksheet (read it here) that suggests the trial could last 20 days, comes after U.S. District Court Judge Andre Birotte Jr. earlier this month indicated he’ll refuse to throw out the federal antitrust lawsuits filed by the agencies — CAA, Wme and UTA — against the Writers Guild of America.
A scheduling conference in the case is set for January 10.
The legal battle stems from the WGA ordering of its members in April of this year to fire their agents en masse who refused to sign its Code of Conduct, which originally banned packaging fees and agency affiliations with related production entities.
The filing, which includes a scheduling worksheet (read it here) that suggests the trial could last 20 days, comes after U.S. District Court Judge Andre Birotte Jr. earlier this month indicated he’ll refuse to throw out the federal antitrust lawsuits filed by the agencies — CAA, Wme and UTA — against the Writers Guild of America.
A scheduling conference in the case is set for January 10.
The legal battle stems from the WGA ordering of its members in April of this year to fire their agents en masse who refused to sign its Code of Conduct, which originally banned packaging fees and agency affiliations with related production entities.
- 12/28/2019
- by Patrick Hipes
- Deadline Film + TV
The Trump Administration could play a major role in 2020 in two ongoing Hollywood labor disputes. Last month, President Donald Trump’s Labor Department said it may sue to force a rerun of SAG-aftra’s recent presidential election, and earlier this month, his Justice Department weighed in on the WGA’s ongoing legal battle with Wme, CAA and UTA.
The administration’s involvement isn’t welcomed by the leaders of either union, which face contentious contract negotiations next year. The WGA’s film and TV contract expires May 1, and SAG-aftra’s on June 30.
When the DOJ tried unsuccessfully to intercede in the WGA’s antitrust suit against the three talent agencies, WGA West president David A. Goodman said, “It’s not surprising that Trump’s Justice Department has filed a brief designed to weaken a labor union’s effort to protect its members and eliminate conflicts of interest by talent agencies.
The administration’s involvement isn’t welcomed by the leaders of either union, which face contentious contract negotiations next year. The WGA’s film and TV contract expires May 1, and SAG-aftra’s on June 30.
When the DOJ tried unsuccessfully to intercede in the WGA’s antitrust suit against the three talent agencies, WGA West president David A. Goodman said, “It’s not surprising that Trump’s Justice Department has filed a brief designed to weaken a labor union’s effort to protect its members and eliminate conflicts of interest by talent agencies.
- 12/26/2019
- by David Robb
- Deadline Film + TV
The WGA has filed its opposition to the Big Three talent agencies’ motion to dismiss the guild’s antitrust and price-fixing claims in their ongoing legal battle.
The WGA’s opposition, filed in federal court in Los Angeles, argues that the motion to dismiss – filed by Wme, CAA and UTA – “largely ignores the detailed facts pleaded in support of these causes of action,” and “should be denied.” On Friday, the judge hearing the case ruled tentatively that he would deny the WGA’s motion to dismiss the agencies’ claims against the guild. If U.S. District Court Judge Andre Birotte Jr. denies both sides’ motions to dismiss, the case would be headed for trial.
In the WGA’s 30-page filing (read it here), the guild laid out the who, what, when and why of the agencies’ alleged price-fixing scheme, in which they package talent through their traditional 3-3-10% packaging...
The WGA’s opposition, filed in federal court in Los Angeles, argues that the motion to dismiss – filed by Wme, CAA and UTA – “largely ignores the detailed facts pleaded in support of these causes of action,” and “should be denied.” On Friday, the judge hearing the case ruled tentatively that he would deny the WGA’s motion to dismiss the agencies’ claims against the guild. If U.S. District Court Judge Andre Birotte Jr. denies both sides’ motions to dismiss, the case would be headed for trial.
In the WGA’s 30-page filing (read it here), the guild laid out the who, what, when and why of the agencies’ alleged price-fixing scheme, in which they package talent through their traditional 3-3-10% packaging...
- 12/13/2019
- by David Robb
- Deadline Film + TV
Updated with quotes from attorneys, WGA reaction and more detail: A federal judge on Friday indicated he’ll refuse to throw out the federal antitrust lawsuits filed by Hollywood heavyweight agencies CAA, Wme and UTA against the Writers Guild of America.
In a crucial hearing for the high-profile guild-vs.-agencies battle in Los Angeles today, U.S. District Court Judge Andre Birotte Jr. issued a tentative ruling against the guild’s motion to dismiss the suits.
Coming just days after blocking an attempt by the Justice Department to participate in the case, Birotte put the tentative out before the nearly two-hour hearing began. The judge then heard arguments from attorneys for both sides. At the conclusion of the hearing, Birotte told the assembled attorneys and agencies reps that he would put a final ruling in the docket in a week or two.
If the tentative stands, it will be a big win for CAA,...
In a crucial hearing for the high-profile guild-vs.-agencies battle in Los Angeles today, U.S. District Court Judge Andre Birotte Jr. issued a tentative ruling against the guild’s motion to dismiss the suits.
Coming just days after blocking an attempt by the Justice Department to participate in the case, Birotte put the tentative out before the nearly two-hour hearing began. The judge then heard arguments from attorneys for both sides. At the conclusion of the hearing, Birotte told the assembled attorneys and agencies reps that he would put a final ruling in the docket in a week or two.
If the tentative stands, it will be a big win for CAA,...
- 12/6/2019
- by David Robb
- Deadline Film + TV
Judge: Justice Department Not Welcome At Hearing On WGA’s Motion To Dismiss Agencies’ Antitrust Suit
A federal judge has denied the Justice Department’s request to participate in Friday’s hearing on the WGA’s motion to dismiss the Big Three talent agencies’ antitrust lawsuits against the guild. It’s a major procedural victory for the guild, which said last week that it saw no reason for the DOJ to take part in the hearing.
In his order (read it here), U.S. District Court Judge Andre Birotte Jr. noted: “On November 26, 2019, the United States filed a statement of interest in this case pursuant to 28 U.S.C. § 517. In sum, the United States stated that development of the factual record is necessary to properly resolve this case, and that the United States takes no position on this case’s merits. On November 27, 2019, the United States filed a request to participate in the December 6, 2019 hearing on defendants Writers Guild of America, West, Inc. and Writers Guild of America,...
In his order (read it here), U.S. District Court Judge Andre Birotte Jr. noted: “On November 26, 2019, the United States filed a statement of interest in this case pursuant to 28 U.S.C. § 517. In sum, the United States stated that development of the factual record is necessary to properly resolve this case, and that the United States takes no position on this case’s merits. On November 27, 2019, the United States filed a request to participate in the December 6, 2019 hearing on defendants Writers Guild of America, West, Inc. and Writers Guild of America,...
- 12/3/2019
- by David Robb
- Deadline Film + TV
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