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Bryan Sullivan Speaks to IndieWire About Warner Bros. Discovery’s Strategy for the New ‘Max’ Streaming Service
Category: News, Press | Friday, April 14th, 2023 | Comments Off on Bryan Sullivan Speaks to IndieWire About Warner Bros. Discovery’s Strategy for the New ‘Max’ Streaming Service
Bryan Sullivan recently spoke with IndieWire about the announced changes to Warner Bros. Discovery’s streaming strategy following their merger. ‘Max’ will be the company’s new leading streaming service, combining the content from HBO Max and Discovery+. The article highlighted the lackluster sentiment some players on Wall Street felt toward the announcement.
At the center of the online discourse for the announcement was the critique on Warner Bros. Discovery’s choice to rebrand the platform to ‘Max’ and remove ‘HBO’ from the name. Bryan came out in support of the name change saying, “From a branding standpoint, it’s easier to say ‘Max.’ One syllable, one word… It might be a joke right now because you’re used to saying ‘HBO Max.’”
Bryan expanded on that idea, explaining how “simple” and “straightforward” names are good choices and that ‘Max’ will soon feel natural. “Nobody’s really going to care (about the name),” Bryan told IndieWire, “they’re just going to focus on the content that’s being promoted and then talk about how great Max is.”
Early Sullivan Client Prevails at Bench Trial Against Adverse Possession Claim
Category: News, Results | Tuesday, April 11th, 2023 | Comments Off on Early Sullivan Client Prevails at Bench Trial Against Adverse Possession Claim
An Early Sullivan Wright Gizer & McRae LLP trial team of Scott Gizer, Padideh Zargari and Brett Moore successfully defended firm client AVTWO Homes LLC against an adverse possession claim in a bench trial before Judge Hammock in Los Angeles Superior Court.
Plaintiffs claimed to be the owners of certain real property in Los Angeles County through adverse possession based on a grant deed they received from Fannie Mae purporting to convey fee title to the property. However, Fannie Mae did not own fee title to the property, but only owned a leasehold interest in the land. Fannie Mae had made a loan to AVTWO Homes’ tenant to purchase a leasehold interest in the property and the loan was secured against that leasehold interest. The tenant’s leasehold interest was documented through a recorded 40-year Ground Lease. Fannie Mae ultimately foreclosed on its deed of trust and its borrowers’ leasehold interest, but then sold the property to Plaintiffs as if Fannie Mae owned fee title.
The Early Sullivan team presented evidence and argued that due to the recorded Ground Lease, Plaintiffs became tenants under the Ground Lease by operation of law and, thus, were precluded from claiming adverse possession under Code of Civil Procedure section 326. Plaintiffs argued that they could not be deemed tenants unless they had actual knowledge of the Ground Lease and consented to its terms. The trial court ruled in favor of AVTOW Homes finding that Plaintiffs took title subject to the Ground Lease and, thus, were in privity of estate with AVTWO Homes under the Ground Lease. Accordingly, under CCP section 326, Plaintiffs could not assert a claim for adverse possession.
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, Chris Ritter, and Grace Lau 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 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).