Entertainment Law - News and Media
February 2010
Johnson & Johnson, LLP, Beverly Hills, CA 90210
Johnson & Johnson, LLP
Neville L. Johnson, Founding Partner
Douglas L. Johnson, Founding Partner
Mathias D. Maciejewski, Associate
Lan P. Vu, Associate
James T. Ryan, Of Counsel
439 N. Canon Drive, Suite 200
Beverly Hills, CA 90210
(310) 975-1080 www.jjllplaw.com
Johnson & Johnson, LLP
has garnered extensive
experience in the following areas:
Entertainment Litigation
The firm’s lawyers are well known for handling numerous
high profile and wide-reaching entertainment matters. We have represented actors,
producers, directors, screenwriters, authors, personal managers, production companies,
musicians, composers, publishers, and independent record companies.
Defamation, Media, and First Amendment Law
Rights of Privacy and Publicity
Complex Business Litigation/Class Action Litigation
We represent companies and individuals in
complex business litigation. Representative matters include: partnership disputes,
breach of fiduciary duty, fraud, actions for breach of contract, unfair competition, and
consumer class actions.
Intellectual Property Litigation
The lawyers at the firm specialize in copyright law, idea
protection law, trade secret law, trademark law, domain name disputes, and cybersquatting
litigation.
A state court judge has given preliminary approval to
a settlement in the tangled foreign levies suit against the Writers Guild
of America --possibly triggering payment of millions of dollars to
writers as early as next spring.
Los Angeles Superior Court Judge Carl West approved the
settlement Thursday and set Nov. 1 as the date for notifying approximately 17,000
class-action members. The jurist set Feb. 8 as the deadline for writers and
heirs to opt out of the settlement and set March 1 as the date for final
approval.
The 2005 suit, filed by William
Richert ("Winter
Kills"), centers on the WGA's authority in collecting foreign funds due
to scribes as compensation for reuse -- such as taxes on video rentals, cable
retransmissions and purchases of blank videocassettes and DVDs --and the guild's handling
of those funds. Unlike in the U.S., a foreign distributor cannot assume total ownership of
the copyrights on an artist's work.
"This has been a very hard-fought battle," said Neville Johnson, Richert's attorney.
"I'm thrilled that we're getting closer to writers and heirs getting paid
these funds after two decades."
The settlement calls for payment of all foreign funds
within three years along with an independent accounting review of the program
with any unclaimed funds will be paid to the Actors Fund. The
WGA West disclosed recently in its annual report that, as of March 31, it had $30.3
million in "funds held in trust for members," including foreign levies, client
trust accounts, undeliverable funds and a residuals trust fund - although it didn't break
out how much of that was from foreign funds.
The foreign levies for American creatives began to flow
after the U.S. agreement in 1989 to terms of the Berne Convention, which establishes the
right of authorship for individuals who create works of art.
"The significance of this first-step triumph is that
finally, after two decades or more, the WGA will have to lift the lid of its crypt of
concealment of foreign taxes intended for writers and allow outside investigation," Richert
told Daily Variety on Thursday.
The DGA settled a similar suit last year. It has
distributed $77 million in foreign levies, including over $8 million to nonmembers. SAG's
facing a similar suit from Ken Osmond
that's yet to be resolved.
The settlement is likely to come under fire
from Eric Hughes, who has been a consultant for the plaintiffs on the suit.
He told Daily Variety he plans to seek decertification
of the suit as a class action.
"This has been a very hard-fought
battle," said Neville Johnson, Richert's attorney. "I'm
thrilled that we're getting closer to writers and heirs getting paid these funds
after two decades."
LOS ANGELES (Reuters) - A federal judge said that
billionaire investor Kirk Kerkorian probably knew that his ex-wife was
being illegally wiretapped during their child custody dispute, according to court
documents.
Kerkorian, the largest shareholder of casino operator MGM Mirage, has consistently denied
that he knew that his attorney Terry Christensen paid celebrity sleuth Anthony Pellicano to tap the phone of his ex-wife,
Lisa Bonder Kerkorian, in 2002.
Christensen and Pellicano last year were sentenced to federal prison for
their roles in the illegal tapings. Kerkorian, 92, was never charged and is not under
investigation, his attorney said.
A U.S. Attorney's Office spokesman declined to comment.
But the judge who tried Pellicano and Christensen said in a 2008 opinion that there was
"reasonable cause to believe that (Kerkorian) was" complicit in
their illegal conduct, court documents showed.
The previously sealed opinion by U.S. District Judge Dale Fischer surfaced on Wednesday in
a civil lawsuit brought by Lisa Bonder Kerkorian against her ex-husband,
Pacific Bell Telephone Co, and Christensen.
Fischer's opinion pertains to whether taped conversations between Pellicano and
Christensen could be used by prosecutors in the criminal trial.
"Because the conversations are not privileged, the Court need not
decide whether Kerkorian was complicit in the alleged illegal conduct," Fischer wrote
in the opinion. "However, the communications themselves provide a reasonable cause to
believe that he was."
Fischer notes in her order that the recordings show that Christensen "does not deny
that he is telling Kerkorian what Pellicano is hearing" (on the wiretaps).
In another recording, Christensen "explains that he will talk to Kerkorian about the
information that he has received from Pellicano," Fischer's opinion says.
In another conversation, Pellicano asks if Kerkorian is happy with his work, and
Christensen replies that "our jaw is still hanging down" over some of the
information Pellicano had obtained, the opinion said.
Seth Hufstedler, an attorney for Kerkorian, said Fischer "said only that there was
reasonable cause to believe" Kerkorian knew about the wiretaps and that the judge
left the matter as "an undecided issue."
Hufstedler knew of "no investigation of Mr. Kerkorian in connection with this
matter."
Pellicano, once known as Hollywood's private eye to the stars, was sentenced in December
to 15 years in prison for running a criminal enterprise involving
wiretapping and bribery. He also faces more than a dozen civil lawsuits brought by former
targets of his illegal wiretapping.
The former sleuth worked for lawyers representing celebrities including Tom Cruise,
Elizabeth Taylor and Michael Jackson, and presented himself as the ultimate problem
solver.
(Reporting by Gina Keating, editing by Dan Whitcomb, Eric Walsh and Matthew Lewis)
"... Jeff
Sturman, who represented Bonder Kerkorian alongside
attorney Stephen Kolodny, filed the suit against casino mogul Kerkorian,
jailed private sleuth Anthony Pellicano, convicted entertainment attorney
Terry Christensen, and the Century City law firm Christensen founded,
Glaser Weil Fink Jacobs & Shapiro LLP. Telecommunications giant AT&T Inc. was also
named in the suit.
Douglas
Johnson, an attorney
representing Sturman, said evidence from the recent criminal trials against Pellicano
and Christensen revealed that his client’s conversations with Bonder Kerkorian were illegally
recorded.
“Attorney-client conversations with his
client were recorded, and we heard those tapes come out in the Pellicano trial,” Johnson said.
“Attorney-client
conversations with his client were recorded, and we heard those tapes come out in the
Pellicano trial,” Douglas
Johnson said..
Kirk Kerkorian Lisa Bonder Kerkorian Anthony Pellicano
"Causes of action: Unlawfull wiretapping; unlawfull
eavesdropping; common law intrusion; constitional invasion of privacy; negligence;
negligent supervision
Filing counsel: Douglas Johnson,
Neville Johnson and Nicholas
Kurtz of Johnson & Johnson
(Beverly Hills, Calif.) ..."
August 21, 2009
Murder suspect raises reality TV questions
By DERRIK J. LANG
AP Entertainment Writer
"... 51 Minds, the production company behind VH1's
"Megan Wants a Millionaire," said Thursday that it had commissioned a check on
the 17 wealthy bachelors vying for the love of former "Rock of Love" contestant
Megan Hauserman — but it didn't turn up the troubled past of Ryan Alexander Jenkins.
"While casting ex-cons isn't illegal, Douglas Johnson, an entertainment lawyer in
Los Angeles who has represented reality TV production companies and contestants, thinks
dating shows that involve intimate feelings like "Megan Wants a Millionaire"
have a bigger responsibility to ensure the emotional well-being and physical safety of
their contestants.
"In these situations, these production companies have a duty not to be
negligent," said Johnson.
"To be safe, and to make sure you're not putting yourself in a situation where
liability would be attached, I would advise them not to put someone on a show that had a
criminal background because they have a propensity to not abide by social standards."
Douglas L. Johnson djohnson@jjllplaw.com
Click here to
view the full stoy at Associated Press
Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
June 2008 Vol. 31, No. 4
Barristers Tips
Ten Rules for Success in the Practice of Law
By Neville L. Johnson
... always be civil, bond with the jury,
do not wait until the last minute, be quick, pick the right client and case, make a
record, do not take the judge on, join bar associations, cut your losses when you have to,
lead a balanced life.
barristers tips BY NEVILLE L. JOHNSON
Neville L. Johnson njohnson@jjllplaw.com
Power of Attorneys
A tenacious Hollywood lawyer is more important than ever
July 23, 2009, 06:30 PM ET
It's really rough out there."
That's a top talent attorney bemoaning the economic sea changes washing over every corner
of Hollywood -- yes, even the lawyers are feeling the pinch. And yet, as studios squeeze
star salaries and the credit crunch slows the pace of deal activity, compiling The
Hollywood Reporter's third annual list of the 100 most influential entertainment lawyers in America was no easy task. From high-stakes litigation like the battle between Warner
Bros. and Fox over "Watchmen" to the yearlong maneuvering that paired DreamWorks
with India's Reliance Big Entertainment and Disney, the industry's most compelling dramas
increasingly cast lawyers in the starring roles.
Neville Johnson
Johnson & Johnson LLP
The Anthony Pellicano criminal trials are done, but Johnson
is just getting started on civil suits for wiretapping victims against the likes of
Pellicano, Chris Rock, Kirk Kerkorian, Terry Christensen, Bert Fields and others. Johnson,
an unabashed plaintiff-side litigator, isn't afraid to ruffle feathers in Hollywood.
"We're not in the business of trying to make deals," he says. "We're trying
to right wrongs." He's lead counsel in a theft of ideas suit against Merv Griffin
Prods., as well as cases against Sony, RDF and Marvel, among others. He represents the
late Colin Higgins against fellow Power Lawyer Barry Hirsch for failing to protect
Higgens' interest in the "9 to 5" stage musical. And after prevailing in a class
action against the DGA over payment of foreign levies resulting in millions paid to
non-DGA directors, Johnson has similar suits against the WGA and SAG. Surprising trivia:
Johnson also sings and records as Trevor McShane.
FREE ADVICE
Q: I'm a Broadway producer.
What's the best way to convince a film studio to let me make a play out of a hit movie?
Q: I'm a television producer.
What should I insist on in my profit participation definition?
Q: I'm an A-list writer.
How can I maintain my quote when studios are drastically cutting talent fees?
Q: I have a great idea for a
reality show but I'm not Mark Burnett. How do I protect it?
Q: We're a hot band.
How do we protect ourselves in a "360 deal" with a label?
Q: When is my handshake deal
at a film festival an enforceable contract?
Q: How do I keep my sex tape
off the Internet?
Q: How much can another reality show copy
my own?
Q: I work in television and, frankly, the future looks scary. How will the revenue streams
in TV shift in the next 10 years?
Q: I'm looking to invest in a
film. What's the best way to match my money with a worthwhile project?
Q: I'm not sure I can survive another de
facto strike. Where will the next major guild battle be fought?
Read the full article at: www.jjllplaw.com/100 most influential entertainment lawyers in America
Neville L. Johnson njohnson@jjllplaw.com
Douglas
L. Johnson djohnson@jjllplaw.com
Model's
lawsuit against Chris Rock is unsealed
Monika Zsibrita filed the case in August. The
saga began in 1998 and has involved a paternity suit, DNA tests, detective Anthony
Pellicano and radio host Howard Stern.
By
Harriet Ryan
February 27, 2009
Los Angeles Times
Read the full article at: www.jjllplaw.com/monica-zsibrita-suit-unsealed
LOS
ANGELES - A Los Angeles County Superior Court judge unsealed the
suit, which was filed against Rock in August, at the request of the plaintiff, Monika
Zsibrita, the model from the Four Seasons. Now 36 and a married stay-at-home mother,
Zsibrita said she wanted the court papers made public so people, especially those in her
native Hungary, would know her version of a story in which she is often portrayed as a
gold digger.
"My side has never been out," she said outside the courtroom. "This has
basically ruined my life."
" Her
attorney, Neville Johnson, said Zsibrita initially filed the suit under
seal because she did not want to run afoul of the confidentiality agreement contained in a
2000 settlement of the paternity case.
He said
that Zsibrita should not be bound by the agreement because Rock had talked about her
during a 2004 appearance on Stern's show."
We’re sure comedian Chris Rock isn’t
laughing at what Hungarian model Monika Zsibrita has to say about him.
Zsibrita — who for the last decade has accused Rock of fathering her child (two DNA
tests proved otherwise), raping her (no charges were ever filed) and hiring an aggressive
lawyer (Rock said he was unaware of Anthony Pellicano’s tactics) — now calls the
comedian a "monster."
According to recently unsealed court documents, the 36-year-old claims that the "Saturday
Night Live" actor breached a contract and various other civil charges.
Pellicano, the city of Beverly Hills and three police supervisors are also named in the
suit, the Los Angeles Times reports.
Rock’s rocky relationship with Zsibrita began in 1998, and he revealed private details
of their tryst to Howard Stern back in 2004, when Rock was estranged from wife Malaak. The
sex they had, he said, was purely consensual. Two years later, Zsibrita accused Rock of
rape and Rock’s lawyer Pellicano reportedly and unlawfully shared the suit’s details
with his client.
Despite the back-and-forth — and press — Zsibrita insists she isn’t after money.
"My side has never been out," she told reporters outside the courtroom
yesterday, the Times reports. "This has basically ruined my life."
This isn’t the first time Rock has found himself in a mess for his extramarital affairs.
In 2007, former actress and freelance journalist Kali Bowyer charged that Rock was the
father of her baby. As with Zsibrita, a DNA test proved otherwise.
Model Monika Zsibrita
Says Not a Gold Digger, Gets Lawsuit Against Chris Rock Unsealed: Did Rock Open Up This
Can of Worms?
The L.A. Times reports that
model-turned-stay-at-home-mom, Monika Zsibrita, has had her civil lawsuit against Chris
Rock unsealed by a court...
... Interestingly,
it was the latter "potshots" on Stern's show that may have, in part, contributed
to allowing the suit to come to public light. Zsibrita's attorney, Neville Johnson,
says she first filed the suit under seal "because she did not want to run afoul of
the confidentiality agreement contained in a 2000 settlement of the paternity case."
He argued further:
"that Zsibrita should not be bound by the agreement because Rock had talked about her
during a 2004 appearance on Stern's show. According to a summary of the show included in
court papers, the comedian said that his sexual liaison with Zsibrita was consensual and
that he had been set up by a Nigerian hustler who was actually the father of her
child."
Chris Rock’s Model Court Battle
Continues With New Suit
Model Monika Zsibrita has sued Chris Rock, the latest
development in a court battle between the two that has gone over for over a decade,
according to the LA Times.
The suit was filed in August and has been unsealed by a Los
Angeles County Superior Court judge at the request of Zsibrita, who reportedly wanted the
case made public. ...
Monika Zsibrita: Model’s
Story Against Chris Rock Unsealed
Rock hired notorious privare investigator Anthony Pelliciano,
who is currently serving a 15 year sentence for wiretapping charges.
In a recorded phone call Rock told Pellicano, “I want to blacken this girl up, totally.
I want to make her out to be a lying, scumbag, manipulative c–ks–ker … Stupid b–ch.”
Zsibrita’s home was broken into repeatedly and photos of her daughter were removed,
according to the suit.
"My side has never been out," she
told reporters outside the courtroom yesterday, the Times reports. "This has
basically ruined my life."
A
'70s Girl Group Seeks Second Act - In Court
After Decades Pass, a Sister Act Discovers Its Hidden Popularity and Seeks to Recoup
Royalties
LOS
ANGELES - It was the summer of 1972 when five young sisters from Compton slipped into
homemade, cherry blossom-colored bell bottoms and sang for a packed house at the Inglewood
Forum.
A year
earlier, the family's performances had been limited to their backyard. Now - thanks to a
talent manager who'd been scouting for sibling acts following the successful model of The
Jackson 5 - The Jackson Sisters were making their world debut opening for R&B
sensation Smokey Robinson.
By the
time the girls, ages 11 through 17, finished belting out their signature song,
"Miracles," to waves of applause, fame and riches seemed assured. They'd already
spent much of their school break recording music in the same sound studio used by TV's The
Partridge Family, and better yet, they'd even been sketched for their own Saturday-morning
cartoon.
Universal
is known for being aggressive in the best of financial times, said Douglas Johnson,
whose firm Johnson & Johnson primarily handles entertainment-related
cases.
"They
make you pay when you want to complain," Johnson said. "They
play hard ball all the time. It's never 'Hey, let's sit down and talk.'"
The
dizzying ascent into celebrity status made things all the more confusing two years later,
when Mum's Records told the family it wasn't working out and they'd might as well call it
quits. And so they moved on. Some went to college, others married young and had children.
In the decades to come, their short-lived brush with celebrity would fade into family
lore, something to joke about at parties.
That is
until 2003, when the sisters discovered their music never faded away. In fact, their songs
were being played everywhere from the United Kingdom to Japan, and the record label that
had acquired the music - Universal Music Group - has profited from their work throughout
the ensuing decades. Thus began a five-year campaign to collect royalties from the world's
largest label, which has now spilled into a Los Angeles courtroom.
The case
represents a unique twist on the age-old battle between artist and label, with Universal
telling the sisters to take up their case with a company that has long-since ceased to
exist. The record company has steadfastly maintained it has never had a contract with the
sisters themselves, and the dispute is really between the Jacksons and Mums Records.
Meanwhile, the statute of limitations for any claim the group might have has already run
its course anyway, the company claims.
"Not
only did the Jackson sisters delay filing this lawsuit for over 30 years, but when they
did finally file it, they sued the wrong party," the company said in a statement.
"UMG has no contractual relationship with The Jackson Sisters and thus expects to be
vindicated in court."
The two
sides are scheduled to face off in Los Angeles County Superior Court in late February,
when Judge Ann Jones will hear the defense's request for summary judgement on those
grounds.
Robert
levins / Daily Journal
The Jackson
Sisters singing group, working through a song at their Los Angeles studio. From left,
Jacqueline Rencher, Lynetta Coleman, Gennine Francis, Pat Smith and Linda
Jackson.
The trust
representing the late writer-director Colin Higgins has
sued attorney Barry Hirsch for failing to properly represent
his interests in the "9 to 5"stage musical.
Colin Higgins Prods. filed suit on Jan. 14 against Hirsch and his law firm in L.A. County
Superior Court, accusing Hirsch of legal malpractice and breach of fiduciary duty. The
trust seeks damages to be determined in a jury trial.
Among the many charges in the filing: Hirsch failed to adequately secure Higgins' rights
to a live stage show from Patricia Resnick, the original scribe for the
movie, and failed to advise the trustee in 2006 that the firm was representing Resnick at
the time she was writing the book for "9 to 5: The Musical."
When the trustee asked how such a musical could be mounted without stage rights from
Higgins Prods., Hirsch supposedly stated, "It may not be ethical, but it is
legal." According to the suit, Higgins, best known for penning "Harold and
Maude," inked his deal with Fox to rewrite Resnick's "9 to 5" screenplay in
1979. Hirsch represented the writer-director and his shingle on various entertainment
matters, including that contract
Before Higgins died in 1988,
his legal team created a trust in his name. In 1992, the lawsuit states, Hirsch declined
to rep the trust in future projects, including a potential stage musical of "Harold
and Maude," but did not terminate rights to old deals, including that for
"9 to 5."
According to the suit, the trust did not receive a copy of the original writer deal until
June 13, when its lawyers, Neville
Johnson and Douglas Johnson of
Johnson & Johnson, LLP
obtained it from Fox. It was only then that the trust discovered that Hirsch's firm
represented Resnick on the "9 to 5" musical and promptly severed its dealings
with Hirsch's firm over the work.
Attorneys subsequently discovered that Hirsch and his legal team never properly secured
Higgins' stage rights from Resnick. Higgins, the suit states, made significant
contributions to the project with his writing and direction.
However, he did not receive "appropriate" credit for its debut. The trust has
not received any compensation for the tuner, for which Dolly Parton wrote the music and lyrics. Click for original movie poster.
By ALEXA HYLAND Los Angeles Business Journal Staff
“Attorney-client
conversations with his client were recorded, and we heard those tapes come out in the
Pellicano trial,” Douglas
Johnson said.
One of the
divorce lawyers who represented the
ex-wife of Kirk Kerkorian in her bitter child support battle with the billionaire filed
suit Thursday in Los Angeles Superior Court alleging that his conversations with Lisa Bonder Kerkorian were illegally wiretapped.
Jeff Sturman, who represented Bonder Kerkorian alongside attorney Stephen
Kolodny, filed the suit against casino mogul Kerkorian, jailed private sleuth Anthony
Pellicano, convicted entertainment attorney Terry Christensen, and the Century
City law firm Christensen founded, Glaser Weil Fink Jacobs & Shapiro LLP.
Telecommunications giant AT&T Inc. was also named in the suit.
Douglas Johnson, an attorney representing Sturman, said evidence
from the recent criminal trials against Pellicano and Christensen
revealed that his client’s conversations with Bonder Kerkorian were illegally recorded.
“Attorney-client conversations with his
client were recorded, and we heard those tapes come out in the Pellicano trial,” Johnson said.
Patricia Glaser, a partner at the Glaser
Weil firm representing Christensen and the firm, did not immediately return a call seeking
comment. Dan Marmalefsky, Kerkorian’s attorney, declined to comment and said his client
had not been served with suit.
In December, a federal judge sentenced Pellicano
to 15 years in prison over the wiretapping of Bonder Kerkorian, and his role in an illegal
racketeering enterprise that wiretapped stars such as Sylvester Stallone.
A federal judge sentenced Christensen to
three years in prison and fined him $250,000 in November for conspiring to illegally
wiretap Bonder Kerkorian. Federal prosecutors alleged that Christensen, a longtime
attorney and friend of Kerkorian, hired Pellicano to gain an edge in the
child support fight.
The government’s prosecution of Pellicano
and Christensen has turned into a small industry for lawyers. At least 15 lawsuits related
to Pellicano are pending in Los Angeles Superior Court.
Lisa Bonder Kerkorian, ex-wife of
automotive and entertainment billionaire Kirk Kerkorian.
In '83 she beat Chris Evert Lloyd in the semis of a tournament
in Tokyo, leading Evert Lloyd to gush, "She's lethal from the
baseline."
April 4, 2008 - Monica Zsibrita,
represented by Beverly Hills attorney Douglas L. Johnson,
appeared on ABC News Nightline relating to comedian Chris Rock and the infamous Anthony
Pellicano Hollywood trial.
“My client wishes
to have privacy.
This is not a good thing to have happen to you,” the lawyer, Neville Johnson, said.
In the year since his
death, Heath Ledger has become a sainted figure in Hollywood, reverently
recalled for his superior talent and good humor. The foreign press genuflected before his
memory Sunday with a Golden Globe for his acclaimed performance as the Joker in “The
Dark Knight,” and many expect an Academy Award nomination to follow next week.
But in a drab downtown courtroom, a decidedly less glowing portrait holds
sway. An unusual lawsuit pitting a freelance magazine reporter
against her ex-lover, his colleague and the paparazzo agency that employed them
centers on a video of Ledger on a night he may have counted among the most disturbing of
his life.
The video, shot in the Chateau Marmont after the 2006
Screen Actors Guild Awards, shows the actor twitching, exhausted and seated at a
table marked with what appear to be lines of cocaine. Unaware he is being recorded or that
his companions in the hotel room are a tabloid photographer and reporter,
Ledger speaks candidly about private subjects, including long-term drug abuse and his
relationship with actress Michelle Williams.
“I’m in serious
[trouble] with my girlfriend,” he says. “We just had a baby two months ago, and I’m
not supposed to be here.”
The video’s release in the wake of Ledger’s Jan.
22, 2008, death from an overdose of prescription medication created an uproar. “Entertainment
Tonight” bought rights to the video but decided not to air it in the wake of intense
pressure from Ledger’s publicist and celebrities who decried it as
tasteless exploitation.
The case, set for trial next month in Los Angeles Superior Court, does
not concern damage to Ledger’s reputation – his privacy rights died with him – but
rather alleged harm to the reporter, whose
conversation is captured on the video. She claims she was duped in- to being filmed and
then assured the tape would be destroyed. Identified in court papers as “Jane Doe,”
the reporter is suing the paparazzi and
their agency, Splash News, for invasion of privacy, fraud,
intentional infliction of emotional distress and other claims.
She seeks destruction of the video, which is available for viewing online, as
well as financial compensation. Her suit claims the video earned Splash
$1 million.
April 11, 2008 - A former People magazine
freelance reporter listed as "Jane Doe" and represented by Beverly Hills
attorney Douglas L.
Johnson, has filed a lawsuit against Splash News
photo agency and two paparazzi for invasion of privacy for secretly filming her without
her permission while filming actor Heath Ledger in a hotel room where drugs were being
taken. International
news releases report on the lawsuit.
Ledger’s death changed the way everyone involved saw
the evening. The reporter contributed her
memories to a cover story in OK
magazine, where she was quoted as an unnamed source with firsthand experience of Ledger’s
drug use. She billed the magazine her $400 day rate, according to court papers. Soon
after, Splash offered the tape for sale.
In her deposition, the reporter
drew a distinction between her conduct and what the Splash
employees had done. “If you bring up someone to have a chat in a room as friends, and,
you know, they have a cocaine problem, and then you give them more of their drug of choice
… that’s pretty devious. That’s intentional. That can kill the person,”
she said.
Selling the story, however, was permissible because
“he had passed.”
“It was coming out all
over. There was nothing to protect,” she said.
Munn and Banks still work for Splash,
but the reporter no longer writes for People.
Her attorney declined to say what she is doing now.
“My client wishes to have
privacy. This is not a good thing to have happen to you,”
the lawyer, Neville L. Johnson, said.
To Neville L. Johnson, of Johnson and Johnson, LLP, Los Angeles, California,
who has led the charge, often successfully (and always creatively and with great passion)
in exposing some of the worst outrages of media newsgathering. Neville ranks with Brandeis
and Warren as the great defenders of privacy. All America is in his debt.
David A. Elder - Regents Professor
and Professor of Law at Salmon P. Chase College of Law, Northern Kentucky University and
the author of the treatises The Law Of Privacy and Defamation, A Lawyer’s Guide.
Professor Elder was a co-author of the appellant’s briefs to the California Supreme
Court in Sanders v. ABC, Inc., 978 P.2d 67 (Cal. 1999), and was a co-author with Neville
L. Johnson of an amici curiae brief in Shulman v. Group W. Prods. Inc.,
955 P.2d 469 (Cal. 1998).
Neville L. Johnson,
a former journalist, often takes the media to task for questionable news-gathering
tactics, such as the use of hidden cameras or undercover reporters. (Professor David
Elder's treatise of privacy law is dedicated to Johnson.)
This year the plaintiff-side litigator took on SAG, the WGA and the DGA over the millions
he alleges are owed to guild members from the collection of foreign levies. The DGA
settled, working out an arrangement in which an accounting firm will conduct an
independent review of its foreign levies program. And Johnson was a
familiar face at the Anthony Pellicano trial because he reps several
alleged victims of Pellicano's web in civil cases, including the estate of the late
producer Aaron Russo.
Douglas L. Johnson
selected as Southern California 2008 Rising Star at
superlawyers.com,
July 1, 2008
Practice areas: Intellectual Property Litigation, Entertainment & Sports,
Business Litigation
Douglas L. Johnson
is a partner at Johnson & Johnson, LLP.
He specializes in entertainment, business, and class action litigation. Mr. Johnson has handled numerous high-profile and
wide-reaching litigation, including music and movie royalty disputes, rights of privacy,
defamation, partnership disputes, breach of contract, and class actions. Johnson & Johnson, LLP has
certified numerous class actions, including one this year against the Writers
Guild of America for nonpayment of foreign royalties. Mr. Johnson's
recent significant wins include a $10 million arbitration in a partnership dispute, a
multimillion-dollar settlement in a breach of fiduciary duty case, along with a
million-dollar jury verdict in a copyright case. This is Douglas
Johnson's third consecutive year on the Rising Stars list.
Selected to Super Lawyers - Southern California Rising Stars 2008, Southern
California Rising Stars 2007, Southern California Rising Stars 2006
MARK SANDERS, Plaintiff and Appellant, v.
AMERICAN BROADCASTING COMPANIES, INC., et. al, Defendants and Appellants. NARAS F. KERSIS
Plaintiff, v. CAPITAL CITIES/ABC, INC., et. al, Defendants.
"ABC's Stacy Lescht secretly videotaped these
conversations with a "hat cam," i.e., a small camera hidden in her hat; a
microphone attached to her brassiere captured sound as well. ..." COUNSEL:
Johnson & Rishwain, Neville L. Johnson,
Brian A. Rishwain; and David A. Elder for Plaintiff and Appellant.
Beverly Hills attorney Neville
L. Johnson comments on International Privacy in World Media Law Report,
a daily email service that provides Newsletter Updates on copyright developments from over
50 jurisdictions and is written by a panel of 120 leading copyright lawyers from both
national and international law firms or senior lawyers in industry and private practice,
as well as government and regulatory officials.
The International Intellectual Property Alliance (IIPA) –
which comprises the seven largest IP interest groups in the United States, including the
Association of American Publishers, the Entertainment Software Association, the Motion
Picture Association of America and the Recording Industry Association of America – has
issued its latest report on piracy and market access problems. ... the bad
news is that piracy continues to be rampant.
Wolf v. Walt Disney Pictures and Television, Tiffany (NJ)
Inc. v. eBay, Inc, Christoff v. Nestle USA, Inc., JA Apparel Corp. v. Abboud, Derek
Andrew, Inc. v. Poof Apparel Corp., Marathon Entertainment, Inc. v. Blasi, Yari v.
Producers Guild of America, Inc., Nygard, Inc. v. Uusi-Kerttula, Comedy Club Inc. v.
Improv West Associates, Webb v. Directors Guild of America, Richert et al. v. Writers
Guild of America west, Osmond v. Screen Actors Guild ...
By Robert D. Richards and Clay Calvert Albany Law Review, June 22, 2004
Johnson is the
man to whom many plaintiffs now turn when it comes to suing the media. Perhaps only
Atlanta-based attorney L. Lin Wood--who represents Carolyn Condit's husband Gary in his
defamation suit against writer Dominick Dunne - can rival Johnson
as the go-to attorney for plaintiffs seeking redress for disparaged reputations and
privacy invasions.
"The first thing that composers should
do is get organized. And it's a terribly important time right now because of all the
legislation that is imminent and necessary because of Internet delivery. ... Composers
should be rallying and asking to be paid for all sales of audiovisual product no matter
where they're sold. ... And the legislators are the key." - Neville L. Johnson
Los Angeles Lawyer - Entertainment Law Special Issue
The widespread use of new technologies in news gathering has
placed the First Amendment rights of the media on a collision course with the privacy
rights of individuals.
SAG's "Get Your Money" program is a sham, according
to a misconduct complaint filed against SAG president Alan Rosenberg and secretary-
treasurer Connie Stevens.
Los Angeles attorney Neville L.
Johnson is representing the plaintiffs (Ken Osmond, Jack Klugman,
William Richert) in all three cases.
By Cortney Fielding
Daily Journal Staff Writer dailyjournal.com
September 15, 2008
The settlement will result in a disbursement between $2
million and $7 million in collected fees to the plaintiffs, pending an audit, said Webb's
attorney, Neville L. Johnson of Johnson & Johnson, LLP.
"This is money these directors never would have seen otherwise," he said.
"The settlement brings accountability and transparency to DGA's foreign levies
program."
Jack Klugman, Quincy, M.E.,
represented by Beverly Hills attorney Neville L. Johnson,
files complaint in L.A. Superior Court against NBC Universal to exercise his right to
audit the popular TV series.
Jack Klugman, Quincy, M.E., represented by Beverly Hills
attorney Neville L. Johnson's client, tells
Nikki Finke, DeadlineHollywoodDaily, “I don’t want their
money. I want my money."
William Webb, represented by Beverly Hills
attorney Neville L. Johnson, receives
settlement from Director's Guild of American (DGA) of 2006 lawsuit for
non-payment of foreign tax collections. DGA will now have a registration function on its
website and an outside independent auditor. Webb's attorney, JJLLP
partner Neville L. Johnson, said in a
statement, "This settlement brings accountability and transparency to the DGA's
foreign levies program, and assures that nonmembers will have full disclosure of the DGA's
distribution of foreign levies."
March 19, 2008 - Ken
Osmond, Leave it to Beaver, represented by Beverly Hills attorney Neville L. Johnson, benefits from U.S. District
Court ruling that SAG has limited his right to recover money collected from foreign tax
revenues intended to benefit the copyright holder.
Ken Osmond, Leave it to Beaver, represented by
Beverly Hills attorney Neville L. Johnson, according to Sharon
Waxman, WaxWord, may be a victim of a secret agreement between SAG and the
studios.
A lawsuit against SAG by actor Ken Osmond hasrevealed the
existence of a secret 2002 agreement over half the money!
"The suit echoes nearly identical proposed class-action
suits filed during the past two years by Osmond's attorney, Neville
Johnson, against the DGA and WGA. ..."
"... He says that SAG has collected more than $8 million
from foreign residuals but has not shared that money with SAG members and non-members.
Osmond's attorney has also filed suits against the Directors Guild and the Writers Guild
over the past few years. It could be a class-action suit if others join in. Osmond says
that SAG will not show him their books. ..."
Tags: directors guild, eddie haskell, jerry mathers,
JerryMathers, ken osmond, leave it to beaver, sag, screen actors guild, ScreenActorsGuild,
tony dow, writers guild
Federico Galavis, professional model,
represented by Beverly Hills attorney Nicholas A. Kurtz,
has filed class action lawsuit against L.A. Models for alleged illegal
"Service Charge" on models.
Did the Coreys Make a 'Secret Side Deal' for Reality Show?
June 25, 2008
Posted by Matthew Heller The Hollywood Reporter, ESQ. blog
Case: Pullano v. Haim, Case No. BC393051
(Los Angeles Superior Ct.), filed June 20 Claims: Breach of contract, breach of fiduciary duty, unfair
competition, fraud, interference with economic advantage
Allegations: Plaintiffs are successful writers and producers of reality
TV programming who "created an original concept and idea" for a show about the
relationship between '80s teen idols Corey Haim and Corey Feldman. After entering into an
agreement with Haim, they pitched the idea to ABC Television development executive Greg
Goldman. ABC declined to buy "The Coreys" but the Coreys, Goldman and other
defendants including reality producers RDF "agreed to a secret side deal" that
excluded Plaintiffs, ignored their rights and resulted in the purchase of the show by
A&E Television Network.
Filing attorney:Douglas Johnson, Johnson
& Johnson, Beverly Hills
L.A. Superior Court BC38819 Jack Klugman; Sweater Productions Inc.
v.
NBC Universal Inc; Does
Cause of action: Declaratory relief
Filing counsel: Douglas Johnson, Neville Johnson and Nicholas
Kurtz of Johnson & Johnson
(Beverly Hills, Calif.)
Award-winning actor Jack Klugman, best known
as Dr.Quincy M.E. on the television show "Quincy M.E.," claims NBC may
still owe him profits from his work on the late-1970s series, but refuses to provide a
copy of his contract.
In his lawsuit against the broadcast company, Klugman claims that he and
co-plaintiff Sweater Productions Inc. signed a deal in 1976 with NBC, which agreed to pay Klugman25 percent of all net profits from
the show for playing the lead role.
The agreement stipulated that NBC would provide proper accounting of the profits, and that
Klugman and Sweater Productions could audit the records in the event of a
dispute, the lawsuit claims.
Klugman says NBC may have been shortchanging him, "as the series may
have produced more revenue than expenses incurred, thus generating net profits," but
that he will never know until NBC produces a copy of the contract.
Los Angeles, CA -- Leading artist rights advocates and music
attorneys are buzzing about the implications of the recent legal victory of recording
artist Suzanne Doucet, president of Los Angeles-based Only New Age Music, Inc.
over Portland, Oregon-based distributor Allegro Corporation.
Doucet’s trial lawyers were Neville
Johnson and Douglas Johnson.
L.A. Superior Court BC388664
Michael Gerbosi
v. Anthony Pellicano; Pacific Bell Telephone Co. dba AT&T California;
Robert Pfeiffer; Alan Weil; Gaims Weil West & Epstein LLP; Does
Causes of action: Unlawfull wiretapping;
unlawfull eavesdropping; common law intrusion; constitional invasion of privacy;
negligence; negligent supervision
Filing
counsel: Douglas Johnson, Neville Johnson and Nicholas
Kurtz of Johnson & Johnson
(Beverly Hills, Calif.)
Notorious celebrity snoop Anthony Pellicano has been accused yet again of
conducting an illegal wiretap on the subject of one of his investigations.
Michael Gerbosi filed suit against Pellicano. attorney Alan Weil and the
law firm of Gaims Weil West & Epstein, along with two other defendants, in state court
in Los Angeles. Gerbosi claims that Pellicano improperly coerced
employess of co-defendant Pacific Bell Telephone Co. to set up illegal wiretaps on
Gerbosi's phone in order to monitor conversations between Gerbosi and a woman named Erin
Finn.
Finn is the former girlfriend of record executive and co-defendant Robert Pfeiffer. She is
also a neighbor of Gerbosi's who allegedly helped the FBI conduct an investigation of Pellicano,
which resulted in numerous federal charges being brought against the tainted sleuth. In
May, a federal jury found Pellicano guilty of 76 counts of racketeering, wire fraud,
wiretapping and indentity theft.
According to Gerbosi, Pfeiffer was seeking information "to secure a tactical
advantage" in litigation between himself and Finn. Gerbosi claims Pellicano
instructed Pfeiffer to hire Gaims Weil West & Epstein in order to file suit against
Finn.
The lawsuit further accuses the firm of knowingly using information gainedm from the
illegal wiretaps in furtherance of their services to Pfeiffer.
Pellicano has a long history of ethically dubious behavior, with
activities ranging to his association with notorious Mafioso Anthony "the Ant"
Spilotro. He also spent 30 months in prison on federal explosives harges between 2004 and
2006.
The case, set for trial next month in Los Angeles Superior Court, does
not concern damage to Ledger’s reputation – his privacy rights died with him – but
rather alleged harm to the reporter, whose
conversation is captured on the video. She claims she was duped in- to being filmed and
then assured the tape would be destroyed. Identified in court papers as “Jane Doe,”
the reporter is suing the paparazzi and
their agency, Splash News, for invasion of privacy, fraud,
intentional infliction of emotional distress and other claims. 
