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Variety Asks Devin McRae to Weigh In on CNN Contract Provisions Following Don Lemon’s Alleged Misogyny in the Workplace
Category: News, Press | Thursday, April 6th, 2023 | Comments Off on Variety Asks Devin McRae to Weigh In on CNN Contract Provisions Following Don Lemon’s Alleged Misogyny in the Workplace
Devin McRae recently spoke to Variety about television anchor Don Lemon’s contract with CNN, and whether included provisions may give the network the ability to terminate the agreement, following recent public and workplace allegations of misogyny raised against Lemon.
The article examines allegations against Lemon dating back nearly two decades through present day, when his recent on-air comments about Nikki Haley led to his CNN cohosts walking off in the middle of their show. There are claims that Lemon insulted a producer’s weight, sent threatening texts to previous ‘Live From’ cohost Kyra Philips, and mocked Nancy Grace on air and in staff meetings, among other misdeeds. CNN has enforced varying degrees of disciplinary action throughout the years, though as the article showcases, the mounting misogynistic allegations against Lemon have led to speculation about whether the network will keep him around for much longer.
When asked to opine on whether CNN might go so far as to terminate its agreement with the star, and whether they would have legal grounds to do so, Devin shared, “These provisions that [CNN anchors] have in their contracts that define what is cause for termination, it’s pretty abstract. That allows CNN to subjectively apply it.” He continued on to explain that, “Ultimately, it does seem to come down to, ‘How is Lemon’s behavior making CNN look?’”
Early Sullivan Obtains $4.85 Million Jury Verdict for Client in Wrongful Foreclosure Case
Category: News, Results, Results | Friday, March 31st, 2023 | Comments Off on Early Sullivan Obtains $4.85 Million Jury Verdict for Client in Wrongful Foreclosure Case
An Early Sullivan Wright Gizer & McRae trial team, comprised of Scott Gizer, Rebecca Claudat and Zachary Hansen obtained a $4.85 million jury verdict on behalf of their clients Cashera Plaza, LLC and Tony Khodadad regarding a wrongful foreclosure on vacant land in Hanford, CA.
Cashera Plaza had obtained a $1.13 million construction loan from Defendants to build a self-serve car wash and auto repair facility. The Defendants entrusted the construction funds to a fund control agent, but then secretly used those same funds for a gold refining venture without Plaintiffs’ knowledge or consent. When this gold venture failed, Defendants tried to hold Cashera Plaza responsible for the entire $1.13 million despite Cashera only receiving approximately $140,000, asserting that the fund control agent was under Cashera Plaza’s control and then trying to hide evidence of Defendants’ secret gold venture. Liability was found and the critical issue at trial became whether Plaintiffs could establish damages for lost profits since Plaintiffs’ car wash and auto repair facility was never built due to Defendants’ breaches and fraud.
The jury unanimously found that Plaintiffs had established lost profits with reasonable certainty and awarded Plaintiffs the entire amount of lost profits claimed as well as emotional distress damages for Defendants’ fraud.
Early Sullivan Successfully Has Summary Judgment Order Reversed on Appeal on behalf of Bankruptcy Trustee
Category: Press | Wednesday, March 1st, 2023 | Comments Off on Early Sullivan Successfully Has Summary Judgment Order Reversed on Appeal on behalf of Bankruptcy Trustee
An Early Sullivan Wright Gizer & McRae appellate team, comprised of Scott Gizer and Brett Moore, successfully had a bankruptcy court order granting summary judgment against bankruptcy trustee, Amy Goldman, reversed on appeal by the U.S. District Court.
Ms. Goldman brought an adversary complaint against third-party Shawn Dardashti for fraudulent transfer and a resulting trust asserting that the Debtors had transferred their home to Mr. Dardashti to shield it from creditors, but that the Debtors retained the beneficial interest in the property and were the true owners. The bankruptcy court judge granted summary judgment in favor of Mr. Dardashti finding that the bankruptcy trustee could not assert a fraudulent transfer claim because the property had no equity at the time of the fraudulent transfer and that the resulting trust remedy could not be asserted because it was a cause of action that could not be asserted by a bankruptcy trustee.
On appeal, the U.S. District Court agreed with Early Sullivan and Ms. Goldman that a resulting trust is a remedy for a common law fraudulent transfer claim, not a cause of action, and whether the property had equity at the time of transfer is irrelevant when the remedy sought is a resulting trust.
Tentative Ruling – March 23, 2022
Final Ruling – February 2, 2023
Early Sullivan Prevails on behalf of Clients on Fraudulent Transfer Claim
Category: Press | Wednesday, March 1st, 2023 | Comments Off on Early Sullivan Prevails on behalf of Clients on Fraudulent Transfer Claim
An Early Sullivan Wright Gizer & McRae trial team, comprised of Scott Gizer, Ryan Hemar, Jackie Hosey and Valerie Segura prevailed in bench trial on behalf of its clients JP Mobasher and Daphne Huey, who were being sued by Mobasher’s sister-in-law, Sharareh Neyary, as part of a divorce proceeding. Neyary claimed Mobasher conspired with his brother to put title to Neyary and her husband’s home in Mobasher and Huey’s name to shield the asset in the event of a divorce. Mobasher and Huey put on evidence at trial to establish that title was taken in Mobasher’s name because Neyary and her husband did not have the funds to purchase the property themselves, but that Mobasher had agreed to transfer title to them upon reimbursement of the funds he invested, which never occurred. After the presentation of the evidence, the Court found Neyary’s claims to lack credibility and entered judgment in favor of Mobasher and Huey.
Early Sullivan Prevails in Phase 1 Bench Trial on Contract Interpretation Issues
Category: Press | Wednesday, March 1st, 2023 | Comments Off on Early Sullivan Prevails in Phase 1 Bench Trial on Contract Interpretation Issues
An Early Sullivan Wright Gizer & McRae trial team, comprised of Scott Gizer and Chris Ritter, prevailed in a phase 1 bench trial on behalf of its client Alex Tishelman, where Tishelman was being sued by his former business partner and accountant for breaches of an option agreement regarding real property in West Hollywood owned by Tishelman. At the core of the dispute was the interpretation of the Optionee’s required obligations to exercise his option rights and his right to cause a sale of the property. After hearing the evidence and arguments of counsel, the Court adopted Early Sullivan’s interpretation of the option agreement on all issues. As a result, all claims asserted against Tishelman in the plaintiff’s complaint will necessarily fail and must be dismissed.
Bryan Sullivan Speaks to IndieWire About Likelihood of Megan Markle and Prince Harry Bringing Suit Against South Park
Category: News, Press | Wednesday, February 22nd, 2023 | Comments Off on Bryan Sullivan Speaks to IndieWire About Likelihood of Megan Markle and Prince Harry Bringing Suit Against South Park
Bryan Sullivan recently spoke with IndieWire about the recent South Park episode ‘The Worldwide Privacy Tour,’ which aimed the show’s satirical target at Megan Markle and Prince Harry. Following the release of the episode, it was reported that Megan Markle was “upset and overwhelmed” by it and that the couple was considering taking legal action.
“If they were insulted, they can sue for it,” shares Bryan, though he also points out, “There’s no remedy for being insulted.” On the chance of a defamation case being successful, Bryan notes the show’s long history of covering topical issues which gives the show and its creators a “very strong parody defense.”
“Most lawsuits and the types of firms that they would use would be fairly expensive, and the damages would be really difficult to prove, so on a cost-benefit analysis, it’s probably not worth bringing… [This isn’t] something, as a lawyer, I would advise a client to go to suit over.”
Read more of Bryan’s comments in the article below.
Even if Meghan and Harry Wanted to Sue ‘South Park,’ They Probably Shouldn’t – IndieWire
Devin McRae Speaks to Fox News About Nanny’s Lawsuit Against Jason Sudeikis and Olivia Wilde
Category: News, Press | Tuesday, February 21st, 2023 | Comments Off on Devin McRae Speaks to Fox News About Nanny’s Lawsuit Against Jason Sudeikis and Olivia Wilde
Devin McRae recently spoke to Fox News Digital about the wrongful termination lawsuit brought against Jason Sudeikis and Olivia Wilde by their former nanny. The lawsuit alleged that she was ‘fired’ by the couple despite previously informing them she could no longer work due to increased stress and anxiety from the role.
While the A-list couple has yet to respond to the lawsuit, there are several legal paths to consider. Devin told the Fox reporter, “They may be able to take that allegation and say there’s no termination as a matter of law.” He continued to explain, “The way I read this, she said she was quitting and that she advised that she would desire to stay on as long as possible to find a replacement…So, if she quit, and she offered to stay on until there was a suitable replacement, and the employer says, ‘No, that’s okay, you can just go’ – that could be problematic for her.”
Bryan Sullivan Speaks to TheWrap about Bob Iger’s Push to Bring Disney Employees Back to the Office
Category: News, Press | Friday, February 17th, 2023 | Comments Off on Bryan Sullivan Speaks to TheWrap about Bob Iger’s Push to Bring Disney Employees Back to the Office
Bryan Sullivan spoke with TheWrap about Bob Iger’s recent push to bring Disney employees back to their offices. This desire was relayed through a January Disney memo stating, “Starting March 1, employees currently working in a hybrid fashion will be asking to spend four days a week on-site, targeting Monday through Thursday as in-person workdays.”
Callbacks to the office have been more common lately by other media companies. Bryan explained he believes that these callbacks will still remain somewhat flexible: “It’s also going to be very hard just from an employment policies [and] practices standpoint for a company as large as Disney, Netflix or Apple to implement a policy company wide, right? How do you enforce it? Who gets to stay at home? Who doesn’t?”
Additionally, based on the lasting effects of the pandemic, Bryan predicted that entertainment employers ultimately may offer fully remote positions down the line. Trying to force employees to return to the offices may turn out to be a losing battle.
To read the full article, click below (subscription required).
ABC, Deadline, CBS, and Other Outlets Cover Hunter Biden’s Cease-And-Desist Letter to Fox News Sent By Bryan Sullivan
Category: News, Press | Thursday, February 2nd, 2023 | Comments Off on ABC, Deadline, CBS, and Other Outlets Cover Hunter Biden’s Cease-And-Desist Letter to Fox News Sent By Bryan Sullivan
ABC News, Deadline, Bloomberg, CBS News, The Washington Post, and numerous other publications recently covered the cease-and-desist letter sent by Bryan Sullivan on behalf of Hunter Biden to Fox News and Tucker Carlson regarding their report over alleged close financial ties between Biden and his father, President Joe Biden. The letter cites Carlson’s publicization of the story as a “flagrant violation of all journalistic professionalism.” It also asks the parties to retract the story by the end of the day on February 2, 2023, warning of “potential litigation” if there is a failure to do so.
Further coverage can be found below.
Hunter Biden asks for Trump allies to be investigated, sends cease-and-desist to Fox News – ABC News
Hunter Biden’s Lawyers Go On Offense Against Accusers as House GOP Readies Hearings – Bloomberg
Hunter Biden demands investigations and retractions, opening new front against GOP foes – CBS News
Hunter Biden’s lawyers, in newly aggressive strategy, target his critics – The Washington Post
Bryan Sullivan Sheds Light on Privacy Concerns for Law and Crime After NYPD Videos Concertgoers Outside Drake Performance
Category: News, Press | Thursday, January 26th, 2023 | Comments Off on Bryan Sullivan Sheds Light on Privacy Concerns for Law and Crime After NYPD Videos Concertgoers Outside Drake Performance
Bryan Sullivan spoke with Law and Crime about privacy concerns after NYPD officers were seen recording individuals as they were leaving a Drake concert at the Apollo Theater in Manhattan. Video of the incident quickly surfaced online, and sparked discussions of the legality of this action and the potential use cases for the videos recorded by the NYPD.
As Bryan explained, the NYPD was legally allowed to take video of the public sidewalk outside of the venue, but this video would likely only be used as evidence if a serious crime had taken place at the concert. “For example,” he shared, “if a violent crime such as a shooting or terrorist attack were to take place in or near the theater, the exit video might be helpful to identify witnesses or track down the perpetrator. However, it is highly unlikely that the police would employ such a technique for minor offenses.”
Upon considering whether this type of video surveillance from the NYPD could become more common, Bryan highlighted potential risks, noting that, “If police were known to videotape people entering or exiting an event of a political or controversial nature, it might deter individuals from attending — and thereby constitute a violation of free assembly rights.”
Was It Legal When NYPD Filmed Drake Fans Leaving NYC Concert Without Their Consent? – Law and Crime