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Several Publications Cover Early Sullivan Client Frost River’s Trademark Suit Against Lucasfilm
Category: News, Press | Thursday, July 27th, 2023 | Comments Off on Several Publications Cover Early Sullivan Client Frost River’s Trademark Suit Against Lucasfilm
The Hollywood Reporter, Sourcing Journal, The Fashion Law, Bloomberg Law, and numerous other national and Minnesota publications recently covered the trademark suit filed by Frost River against Lucasfilm, claiming the latter violated the Lanham Act by using a Frost River backpack in the recent movie, “Indiana Jones and the Dial of Destiny,” without Minnesota-based Frost River’s permission and then passed its signature backpacks off as a competitor’s product in a marketing campaign.
“Lucasfilm and Filson produced a 60 second commercial prominently featuring video clips from the Indiana Jones 5 film intertwined with video clips of actors using Filson’s own products,” Devin McRae wrote. “Shockingly, one of the intertwined video clips was one from Indiana Jones 5 featuring Frost River’s Geologist Pack.”
Further coverage can be found below:
Indiana Jones Backpack, Ad Campaign at Center of New Trademark Lawsuit – The Fashion Law
‘Indiana Jones 5′ Sparks Trademark Suit Over Hero’s Backpack – Bloomberg Law
Lucasfilm Faces Legal Battle Over Indiana Jones’ Backpack – IGN
Frost River sues Lucasfilm over ‘Indiana Jones’ ad – Duluth News Tribune
Frost River Sues Lucasfilm Over Backpack In ‘Indiana Jones’ Film – Fox21
Duluth company sues Lucasfilm over ‘Indiana Jones’ product placement – MinnPost
Bryan Sullivan Discusses the Use of AI in the Entertainment Industry With Scripps News
Category: News, Press | Monday, July 24th, 2023 | Comments Off on Bryan Sullivan Discusses the Use of AI in the Entertainment Industry With Scripps News
Bryan Sullivan appeared on-air with Scripps News in a recent segment talking about the use of AI in the entertainment industry. The segment highlights areas in the entertainment industry where studios have been looking to use AI tools to replace or reduce work done by humans.
“It was something that people thought was cool and they wanted to dabble with, but I don’t think people realized until recently that writers view AI as a threat,” Bryan remarked and later speculated, “The studios could cut the first layer of writing out by using an Ai system and then hire a writer to do a polish, which is a lot less money. The studios are saving money and the writers are losing money.”
“AI Fears Are Fueling The Labor Strikes In Hollywood – Next Level” – Scripps News
Bryan Sullivan Shares Outlook on $43 Billion Warner Bros. Discovery Merger with Yahoo Finance
Category: News, Press | Wednesday, July 5th, 2023 | Comments Off on Bryan Sullivan Shares Outlook on $43 Billion Warner Bros. Discovery Merger with Yahoo Finance
Bryan Sullivan was recently featured in the Yahoo Finance article “Warner Bros. Discovery’s stock down 50% since merger – why analysts are still bullish,” which examines the media conglomerate’s plunging stock value post merger, as well as company layoffs and other executive challenges within the two organizations, and what it all could mean for investors. The article highlights concerns held by pessimistic shareholders about the likelihood of success following the merger, as well as insight from those who still think there will be long-term benefits.
Bryan emphasized his confidence in the two companies’ strengths together rather than separate. “I’m buying stock in it,” he shares about Warner Bros. Discovery. “I think it has way too much IP that’s valuable.”
Devin McRae Appears on NBC Now to Discuss Ex-Starbucks Manager’s $25M Victory Against the Company In Wrongful Termination Suit
Category: News, Press | Thursday, June 15th, 2023 | Comments Off on Devin McRae Appears on NBC Now to Discuss Ex-Starbucks Manager’s $25M Victory Against the Company In Wrongful Termination Suit
Devin McRae recently appeared on NBC Now in a segment entitled, “Ex-Starbucks manager awarded $25.6 million in wrongful firing suit,” which examined the legal victory of an ex-Starbucks manager who alleged that she was unfairly punished for the arrest of two black men at a Starbucks store and fired because she is white. A federal New Jersey jury recently found in favor of the ex-regional manager, Shannon Phillips, and awarded her $600,000 in compensatory damages along with $25 million in punitive damages.
In the interview, Devin explains that the individuals who were disciplined for the arrests at the Philadelphia Starbucks weren’t actually tied to the conflict, other than being associated with that store location. Following Shannon Phillips’ win, her lawyer said she will be seeking back pay compensation and attorney fees.
Ex-Starbucks manager awarded $25.6 million in wrongful firing suit – NBC Now
Bryan Sullivan Quoted in The Wrap on the Inclusion of “Force Majeure” in Many Hollywood Writers’ Contracts
Category: News, Press | Friday, June 9th, 2023 | Comments Off on Bryan Sullivan Quoted in The Wrap on the Inclusion of “Force Majeure” in Many Hollywood Writers’ Contracts
Bryan Sullivan recently spoke with TheWrap about the inclusion of force majeure in many Hollywood writers’ contracts, including Justin Simien’s, whose Paramount deal was suspended amid the WGA strike.
Justin Simien, the creator of “Dear White People,” learned of his suspended deal with Paramount on his 40th birthday. Paramount cited force majeure in the suspension, which could be invoked for an “unexpected event outside of either party’s control.” Bryan explained that studios can and do invoke it in the event of union strikes like the current WGA strike. He added the usage of the concept is common in Hollywood contracts.
Simien’s deal with Paramount remains on hold and might lead to cancellation if enough time passes. Many of these contracts have clauses allowing for termination of the contract after a specified period, which some believe studios will use to their benefit to cut costs. Simien has had to reduce salaries across his company to keep it financially stable.
To read the full article, click below.
‘Force Majeure’ Looms Over WGA Members as the Financial Pain of Suspended Deals Sets In – TheWrap
Eric Early Featured in Los Angeles Business Journal Article Exploring Growth in the Legal Profession
Category: News, Press | Tuesday, May 2nd, 2023 | Comments Off on Eric Early Featured in Los Angeles Business Journal Article Exploring Growth in the Legal Profession
Eric Early was recently featured in the Los Angeles Business Journal’s article “Time to Grow,” which examines the future trajectory of the legal profession in the aftermath of the COVID-19-influenced hiring spree at many law firms.
The article explores how, in today’s uncertain economy, there is a split between firms that are laying off or hesitant to hire after the 2022 hiring surge, and those that are using this unprecedented climate as a means to expand their workforce. It is noted that a major factor for firms currently considering expansion is the anticipated surge in demand for certain specialties, including litigation. In anticipation of this demand, Early Sullivan Wright Gizer & McRae LLP opened an office in Calabasas, California in 2023 to offer the firm’s services in the surrounding areas.
Eric explains to LABJ, “With the hard times going on within the nation, litigators end up with more business, and that’s what we’ve been experiencing quite frankly. For our business, everything looks quite good.”
“Time to Grow” – Los Angeles Business Journal
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.”
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 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.