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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

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

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.”

Jason Sudeikis, Olivia Wilde sued by nanny risks ‘potentially destructive’ response: legal expert – Fox News Digital

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).

Bob Iger Calls for Disney’s Return to the Office – But Will Hollywood’s Remote Workers Listen? – TheWrap

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 Attorney Issues Legal Threat Over Tucker Carlson, Fox News Segments About $50,000 Rent Payments – Deadline

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

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

Bryan Sullivan Discusses the Future of Ticketmaster and Live Music With Scripps News

Bryan Sullivan appeared on-air with Scripps News in a recent segment exploring possible antitrust fallout for Ticketmaster following the Taylor Swift ticket debacle. Two fan-led lawsuits have been filed against Ticketmaster for the way they handled Swift’s tour tickets, and potential government investigations are increasingly possible.

“They’re saying that Ticketmaster has such control over the marketplace for tickets and venues that it’s basically unfair competition and a violation of the antitrust laws,” Brian explained. As for whether Ticketmaster’s large control over the market constitutes “acting unfairly?” According to Bryan, “It’s not necessarily just that they control it, but they have to engage in certain conduct that restricts, restrains other competitors from entering into the field.” He adds, “If they’re able to achieve that level of success based on their superior services and products, business acumen, or just through the mergers and acquisitions that they’ve done, which were fair and above board, then the law allows them to control that level of the market.”

“What’s Ahead For Ticketmaster, Live Music After Taylor Swift Tour Mess” – Scripps News

Devin McRae Speaks to IndieWire About Potential Termination of GMA3 Anchors

Devin McRae was recently quoted in Tony Maglio’s IndieWire article “‘GMA3’ Can Definitely Fire T.J. Holmes and Amy Robach, Lawyers Say,” which examines the legality of terminating morning show anchors T.J. Holmes and Amy Robach following allegations of the pair being in a relationship.

The article highlights recent reports claiming that the anchors’ employment agreements with ABC contain a morality clause, noting that such a clause could be significant when considering that ABC’s parent company is Disney—an organization consistently clear about the values it wants to project.

“‘The whole thing about the double infidelity’ doesn’t jive with Disney values,” according to Devin. “Journalists are supposed to report the news and not make it.”

Even if the alleged relationship doesn’t violate the terms of Holmes’ and Robach’s employment agreements, the article explains that the pair could still be at risk for termination “without cause.” If such a termination were to occur, a predetermined payout could be triggered, and Devin contemplates that such a payout could come at a negotiated “discount.” In his opinion, if there is a dispute, “there’s an ‘overwhelming likelihood’ that [it] will be quietly arbitrated and settled.”

Read the full story here.

Bryan Sullivan Featured in Newsy Segment on How Taylor Swift’s Tour Impacted the Industry

Bryan Sullivan recently spoke to Newsy in its segment entitled, “Taylor Swift Eras Tour Helped Uncover Deep Issues Of Concert Ticketing,” which examined how the artist’s upcoming tour has brought attention to the monopolization issues surrounding Ticketmaster, and the concert industry as a whole. On Tuesday, fans who were able to get tickets were left with limited options other than to pay the high prices and fees asked by Ticketmaster, or to buy resale tickets from scalpers who also overprice their tickets.

Many lawmakers are now examining the broader implications of Ticketmaster’s majority share of the market. Bryan explained, “The argument is there’s too much control by one company over a substantial number of venues and concert shows.” Bryan continued to express how the 2009 merger between Ticketmaster and Live Nation has contributed to unfair competition in the industry and limited options for fans. He said, “Of course, if there’s two arenas in one city and one is owned by Live Nation, odds are the concert promotion will be going to the one owned by Live Nation, and they’re making money up and down the chain.”

“Taylor Swift Eras Tour Helped Uncover Deep Issues Of Concert Ticketing” – Newsy

Bryan Sullivan Speaks to Los Angeles Times on Kanye West Streams in Wake of Controversy

Bryan Sullivan spoke to the Los Angeles Times about why Kanye West’s music has remained available on major streaming platforms, such as Spotify and Apple Music, following the rapper’s recent antisemitic remarks. The article, entitled, “Why Spotify and Apple Music haven’t pulled Kanye West’s songs,” explains that even though a number of brands have cut ties with West since the scandal, it may be more difficult from a contractual standpoint for streaming platforms to do the same.

According to Bryan, Apple Music and Spotify may first be required to obtain permission from the music publisher or recording studios. He explains, “It all depends on what the contract says.” Without a contract in place, the streaming platforms may be able to remove all his music.

Read the full article below.

“Why Spotify and Apple Music haven’t pulled Kanye West’s songs” – Los Angeles Times

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