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Bryan Sullivan’s Article “Trump’s Latest Lawsuit Against New York Times Et Al. Likely To Fail Bigly” Published in Forbes

Bryan Sullivan recently published an article in Forbes detailing a new lawsuit filed by former President Donald Trump against The New York Times, several of its reporters, and his niece, Mary Trump. The lawsuit is centered around thousands of pages of Trump’s tax records, which were obtained by The Times through Mary Trump and served to inform a series of articles about Trump published by the paper in 2018. The lawsuit alleges that there was an “insidious plot” to obtain these tax records and seeks damages of no less than $100 million. According to Bryan, it is highly unlikely that the suit will withstand legal scrutiny, thanks to freedom of the press under the First Amendment and because the actions of The Times and its reporters were in the furthering of the public interest. He highlights several major First Amendment lawsuits and discusses the possible outcomes of this most recent suit based on the Supreme Court’s expansive interpretation of press freedoms.

The full article can be found below.

Trump’s Latest Lawsuit Against New York Times Et Al. Likely To Fail Bigly.

Devin McRae Recognized as 2021 “Visionary” by L.A. Times B2B Publishing Business of Law Magazine

The firm is pleased to note that Devin McRae was selected to appear in the L.A. Times B2B Publishing Business of Law Magazine as a 2021 “Visionary.” This designation is reserved for extraordinary attorneys who are demonstrating leadership within their firms, the legal field, and the community at large. In the publication, Devin’s profile featured his roles in several high-profile litigation matters, including a widely-publicized insurance coverage bad faith action against an insurance company that failed its insureds after the Woolsey Fire.

To read the full issue of Business of Law, click here.

To read Devin’s profile, click here.

Bryan Sullivan Examines ‘Nevermind’ Album Cover Lawsuit for The Hollywood Reporter, Forbes

Bryan Sullivan recently provided insight to The Hollywood Reporter and Forbes on the newly filed lawsuit against Nirvana over the cover of its 1991 album “Nevermind.” The lawsuit, filed by the man who appeared as an infant on the iconic album cover, alleges that the image violates federal child pornography statutes and amounts to exploitation material. In his article for Forbes entitled “Nirvana Suit Is Baseless, Frivolous, And An Insult To Victims Of Heinous Crimes,” Bryan analyzes the legal and factual frivolousness of the plaintiff’s claims and points to the photo’s failure to meet the U.S. Supreme Court’s three-prong test for obscenity. When asked for insight by THR, Bryan also explained that even in the remote possibility that the plaintiff’s parents did not sign a release authorizing the use of their son’s image, the lawsuit was still filed on shaky grounds.

“I think it is highly unlikely that a record company would use a photograph for an album cover without verifying the existence of a release signed by the parents,” Bryan told THR. “But, if there is no release, it does not mean he has a claim for child pornography. As to the right of privacy, you can waive it by your actions or by his parents’ actions in allowing him to be photographed.”

Bryan’s comments to THR and his piece in Forbes can be found below.

The Hollywood Reporter

Forbes

Nine Early Sullivan Attorneys Named “Best Lawyers in America;” One Named to “Best Lawyers – Ones to Watch”

Early Sullivan attorneys Eric Altoon, Eric Early, David A. Giannotti, Scott E. Gizer, Sophia S. Lau, Stephen Y. Ma, Devin A. McRae, Christopher I. Ritter, and Bryan M. Sullivan have been recognized among the top lawyers in the nation in the 2022 edition of “The Best Lawyers in America,” one of the oldest and most distinguished guides to the legal profession. 

The following attorneys earned a spot in the 2022 edition for their work in the following practice areas:

Eric Altoon– Real Estate Law

Eric Early – Commercial Litigation; Entertainment Law – Motion Pictures and Television; Entertainment Law – Music; Litigation – Real Estate

David A. Giannotti– Environmental Law; Litigation – Environmental

Scott E. Gizer– Commercial Litigation

Sophia S. Lau – Commercial Litigation; Entertainment Law – Music; Litigation – Intellectual Property

Stephen Y. Ma– Entertainment Law – Music

Devin A. McRae– Entertainment Law – Motion Pictures and Television; Litigation – Intellectual Property

Christopher I. Ritter – Entertainment Law – Motion Pictures and Television; Litigation – Intellectual Property

Bryan M. Sullivan- Commercial Transactions / UCC Law; Entertainment Law – Music

Additionally, Garrick Vanderfin was named to“Best Lawyers: Ones to Watch” in the practice area of Real Estate Law. This award recognizes younger attorneys who have achieved outstanding professional excellence.

“Best Lawyers” is one of the oldest and most respected guides to the legal industry. The selection process is based on a comprehensive peer-review process designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within common legal practices and geographical areas. Corporate Counsel magazine has called “The Best Lawyers in America” “the most respected referral list of attorneys in practice.”

 

Devin McRae Speaks to IndieWire, TheWrap and Yahoo! Finance About Scarlett Johansson’s Groundbreaking Lawsuit Against Disney

In the latest example of how COVID-19 has dramatically altered the landscape of the entertainment industry, actress Scarlett Johansson has filed suit against Disney, alleging that the studio broke its contract with her (and drastically reduced her earnings potential) by releasing the Marvel Cinematic Universe film “Black Widow” on the Disney+ streaming platform the same day as it premiered in theaters. 

Devin McRae spoke to several prominent media outlets about the lawsuit, shedding light on why Johansson’s case may have real merit and why it’s likely not going to be the only such suit of its kind. “It appears that she’s got a strong case of liability and the only kind of issue really appears to be her ability to prove damages,” Devin told TheWrap and IndieWire. Upon examining the details of the suit, including the existence of correspondence between Marvel and Johansson promising that the film would be widely theatrically released, Devin commented to Yahoo! Finance that the circumstances make Marvel look “pretty bad.”

“I think that we will see an immediate change in new deals,” remarked Devin. He continued to explain that moving forward, talent and producer contracts may be renegotiated to reflect hybrid release plans and to “work in protections for decisions like this.”

For more of Devin’s insight on the bombshell suit, read the articles below.

Yahoo! Finance 

IndieWire 

TheWrap (Subscribers only)

Devin McRae Named to Los Angeles Business Journal’s 2021 “Leaders of Influence: Litigators & Trial Attorneys” List

Name partner Devin McRae has been named to the Los Angeles Business Journal’s list of “Leaders of Influence: Litigators & Trial Lawyers” for 2021. Devin was recognized for his recent successful matters, including the representation of Shannen Doherty in her bad faith action against State Farm, set for trial in July 2021. Additionally, the LABJ highlighted Devin’s representation of Federal Trade Commission (FTC) attorney and screenwriter Nick May in his lawsuit alleging that “Ozark” co-creator Mark Williams wrongfully claimed a writing credit on the upcoming film “Blacklight.” 

 

Bryan Sullivan’s Article “Donald Trump Sues Twitter, Facebook, YouTube, CEOs In Latest Social Media Battle” Published in Forbes

Bryan Sullivan’s article on former president Donald Trump’s class-action lawsuits against Twitter, Facebook, and YouTube, and their CEOs, Jack Dorsey, Mark Zuckerberg, and Sundar Pichai, was published to Forbes on July 8, 2021. In the article, Bryan examines the details of Trump’s lawsuit targeting the tech and media companies, their protections under Section 230 of the 1996 Communications Decency Act, and their subsequent ability to operate their businesses on their own terms. Bryan also highlights the potential outcomes of the case and what this could mean for Big Tech companies in the future.

The full article can be found below. 

Donald Trump Sues Twitter, Facebook, YouTube, CEOs In Latest Social Media Battle.

Bryan Sullivan’s Article “Amazon, Netflix, And Major Hollywood Studios File Massive Suit Against Rogue Copyright Infringer Jason Tusa” Published In Forbes

In an article published by Forbes on July 8, 2021, Bryan Sullivan examines a new copyright infringement lawsuit filed by Amazon, Netflix, and studios including Warner Brothers, Universal, Sony, Columbia, Disney, and Paramount against serial copyright infringer Jason Tusa. In the article, Bryan details the complaint against Tusa, who, after the shutdown of illegal streaming platform Area 51, has allegedly rebranded three additional illegal streaming platforms despite prior litigation and agreements to cease infringing. In addition, Bryan highlights several other major copyright infringement lawsuits and discusses the possible outcomes of this most recent suit based on Tusa’s history and the demands of the plaintiffs. 

The full article can be found below. 

Amazon, Netflix, And Major Hollywood Studios File Massive Suit Against Rogue Copyright Infringer Jason Tusa.

Deadline Covers Early Sullivan Client Enderby Entertainment’s Premiere of New Film on NFT Platform

Bryan Sullivan recently represented Enderby Entertainment in a deal to premiere the film “No Contact,” starring Anthony Hopkins, on the new NFT (non-fungible token) platform Vuele this summer. The deal is being reported as possibly the first time a full-length feature film has been offered for sale as an NFT.

Vuele is a partnership between fintech firm CurrencyWorks and Enderby Entertainment. Vuele users can watch, trade or sell content using cryptocurrency or traditional credit cards, giving the platform an opportunity to usher in new and cutting-edge revenue streams for the film industry.  “No Contact” will be available via several “drops” over the summer, each of which will feature additional exclusive content and vary in price point.

Read the full article here.

Devin McRae Quoted in Yahoo! Finance on the Future of Bill Cosby’s Sitcom Empire

Devin McRae spoke with Yahoo! Finance about the future of Bill Cosby’s television sitcom empire now that Pennsylvania’s highest court has overturned the comedian’s sexual assault conviction. In the article, entitled “Overturned Cosby conviction ‘far from an exoneration’ with $400M empire at stake,” Devin explains that Cosby’s contract likely makes him still eligible to receive royalty payments from his hit sitcoms should they be sold or broadcast. 

“You typically wouldn’t have a forfeiture like that based on any morals clause,” says Devin. “If [the studio] wants to prevent him from profiting, they would simply not sell the show and just shelve it.”

Read the full article.

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