Last week, we spoke with Conan O’Brien’s high-profile attorneys: Patricia Glaser of Glaser, Weil, Fink, Jacobs, Howard & Shapiro and Leigh Brecheen of Beverly Hills entertainment boutique Bloom Hergott Diemer Rosenthal LaViolette Feldman and Goodman.
Brecheen is O’Brien’s contracts lawyer and Glaser is the attorney O’Brien brought in when NBC informed him that it wanted to change his Tonight Show to The Next Day Show.
When the Conan-NBC showdown was happening, the media were critical of the contract that Conan had, in large part because there was reportedly no timeslot language. Though subsequently, it’s been suggested by people who have seen the contract that this is untrue, and that timeslot language was in the contract.
The New York Post wrote:
The decision to let O’Brien walk apparently came down to who was cheaper to let go.
Leno has an ironclad, “brilliantly written” agreement that guarantees his production company a staggering $150 million if NBC Universal axes his flailing primetime show, an insider said.
That led us to praise Leno’s contract and its creator Ken Ziffren of Ziffren Brittenham, and to question the strength of O’Brien’s contract.
On Friday, Glaser and Brecheen called to set the record straight…
Glaser is perplexed by the negative portrayal of Conan’s contract in the media, saying it sent her into negotiations with NBC well-armed.
“Everything I needed was there,” said Glaser. “I had a powerful weapon had we needed to go to war.”
Glaser said Conan did very well in his separation from NBC — though the terms are confidential and could not be discussed — and that this was due in large part to the fact that the underlying agreement, drafted by Brecheen, “was extremely strong.”
Indeed, Conan appears to have gotten a sweet deal after his relationship with NBC soured. He walked away with millions; Reportedly, the separation agreement with NBC includes a payout of about $32.5 million for O’Brien and roughly $12 million for his staff. O’Brien can appear on another network beginning Sept. 1. Signs point to that network being Fox.
Glaser and Brecheen both say they were pleased with the outcome of their negotiation with NBC and its Gibson Dunn lawyers. Delaying O’Brien’s appearance on another network to September 1 was a “gimme,” for example. Conan couldn’t have put a show together before Sept. 1 anyway.
Glaser said there were no mistakes in the contract, while Brecheen said there’s nothing from this experience that would change how she would draft contracts moving forward. “From a litigation standpoint, [the contract] was all I needed to read,” said Glaser.
We were a bit surprised to get this call from two megawatt entertainment attorneys, but it sounds like it’s the usual Glaser approach, judging from a 2006 Daily Journal article cited by Deadline Hollywood:
Glaser is no stranger to the press: her cases involving Spider-Man and actress Kim Basinger proved irresistible to the news media, and, Abrams writes, “So, behind the scenes, she sometimes has taken on another role: acerbic press critic and media spin doctor. Reporters who cover her soon learn Glaser does not hesitate to pick up the telephone in her Century City office to complain about a story she dislikes or thinks contains errors.
We’re always happy to clear the air and correct the record here at Above the Law. That’s why God invented strikethrough.
Pellicano Probed? H’wood Attorney Patty Glaser Says “Absolutely Not” [Deadline Hollywood]
Earlier: What Does the Conan-Leno-NBC Debacle Mean for Entertainment Law?
Firsty so very very firsty!
I wonder if Conan gave her permission to discuss how ironclad the contract was. This interview would be a breach of attorney-client confidentiality if he didn’t.
Shut up Conan, you fucking GINGER!
“I had a powerful weapon had we needed to go to war.”
Really?
Really really?
You mindlessly ramble on about things you have no idea about. You get it all wrong. Then you joke about your use of a strikethrough. What a worthless rag. I am now going to read the national enquirer. At least they have some journalistic integrity. You are just a bunch of hacks
This story raises but leaves unanswered the most obvious question. Why didn’t Conan’s contract have timeslot language? And how could the lack of such language be charactierized as brilliant or kick ass?
Ms. Glaser’s competence was attacked by the mainstream media so in order to assuage her hubris she comes out on the defense. This type of demeanor is the reason why females make poor attorneys. Mr. O’Brien got more than he deserved. His contract was fine. Someone had to leave the network and it was cheaper to let Mr. O’Brien go. End of discussion. There was no need for Ms. Glasser to justify or explain the nature of her representation of Mr. O’Brien. In my opinion, that was simply unprofessional.
On an aside, Ms. Glaser should get a new stock photograph. Her eyebrows need to be done, she needs botox, teeth whitener, a new hairstyle and a better wardrobe. She makes a better candidate for an extreme makeover show than she does for an attorney.
This story raises but leaves unanswered the most obvious question. Why didn’t Conan’s contract have timeslot language? And how could the lack of such language be charactierized as brilliant or kick ass?
I haven’t read this site in awhile. PE, I cannot believe you’re still doing your schtick. You’re not funny, and your devotion to an unimaginative character on a shitty legal website is embarassing.
PE Paragraph 2 FTW
What’s a GINGER? Why don’t we like GINGERs?
2 – You’re either an overeager 2L or a complete moron.
SUCK MY BALLS PACIFIC REPORTER!
Kick all the GINGERS!
Kick em!
9 Nailed it.
In writing this article, Kash is only writing a fluff a piece a “I’m so grateful you gave me an interview write, I won’t ask any hard questions because I’m a bad journalist.”
EVERYONE that knows anything about entertainment law contracts of this type know that a common, and in this case essential, clause is one defining the “show” to include its timeslot. By all accounts Conan’s lawyers failed to get one and that’s why the contract was weak.
NBC wouldn’t even brought up this BS if Conan had the protection your average morningshow host has.
13,
Please elaborate.
- 2
I will.
2-
It’s puffery, meaningless generic speech. Even if it wasn’t, the contract has been dissolved out by the buyout and there could be no harm. It protrays the client as competent and in a positive light. The lawyer is acting under the general authority of the client and doesn’t have to ask permission for every word that goes out of her mouth.
pwned.
-not 13
When did partner emeritus become a bitchy queer who offers beauty tips to women?
9 NAILED 3 SHEEP over the weekend.
19,
It does not matter that the contract was dissolved or that the client was portrayed in a positive light. The rules of professional responsibility prohibit the disclosure of ANY information relating to the representation. Also, the only reason for the lawyer talking to ATL is to cover her own ass. This interview does nothing to further Conan’s interests.
This just in – lawyer thinks her work product is good. Extra extra!! Read all about it.
2 has obviously never seen a press conference on the courthouse steps. It’s called spin doctoring, idiot.
Even if the contract didn’t define the time slot, wouldn’t Conan have a promissory estoppel claim because NBS promised him the Tonight Show and he relied upon that promise?
24 – I’m assuming you’re 2 as well, and I repeat my statement that you’re either an overeager 2L or a moron (13 here, hi).
The contract has been seen not only by Conan and his lawyers, but also by NBC and their lawyers, and presumably lots and lots of other people. If it ever made its way into a court filing, it’s been seen by everybody in the world. So commenting on the terms of the obviously-not-confidential contract would be a breach of attorney-client confidentiality… how exactly?
Even if there was a sealing stipulation, breaking it still wouldn’t be breaking confidentiality. “The rules of professional responsibility prohibit the disclosure of ANY information relating to the representation”? Really? So by that logic, she couldn’t say “He’s happy with the outcome” without a waiver from Conan? Hell, she couldn’t say “I represent Conan” without a waiver from Conan? Moron.
- 13
“Really? So by that logic, she couldn’t say ‘He’s happy with the outcome’ without a waiver from Conan? Hell, she couldn’t say ‘I represent Conan’ without a waiver from Conan?”
13/28,
There are indeed cases in which the mere fact that a lawyer is representing a client is confidential and cannot be disclosed by the attorney. That is most likely not the case here, which is why I didn’t raise that issue.
“The contract has been seen not only by Conan and his lawyers, but also by NBC and their lawyers, and presumably lots and lots of other people. If it ever made its way into a court filing, it’s been seen by everybody in the world. So commenting on the terms of the obviously-not-confidential contract would be a breach of attorney-client confidentiality… how exactly?”
The fact that NBC and other people have seen the contract does not necessarily make it permissible for Conan’s lawyers to discuss the contract. Using that logic, a lawyer would be able to discuss any contract because every contract is seen by the other party or parties.
- 2
“Really? So by that logic, she couldn’t say ‘He’s happy with the outcome’ without a waiver from Conan? Hell, she couldn’t say ‘I represent Conan’ without a waiver from Conan?”
13/28,
There are indeed cases in which the mere fact that a lawyer is representing a client is confidential and cannot be disclosed by the attorney. That is most likely not the case here, which is why I didn’t raise that issue.
“The contract has been seen not only by Conan and his lawyers, but also by NBC and their lawyers, and presumably lots and lots of other people. If it ever made its way into a court filing, it’s been seen by everybody in the world. So commenting on the terms of the obviously-not-confidential contract would be a breach of attorney-client confidentiality… how exactly?”
The fact that NBC and other people have seen the contract does not necessarily make it permissible for Conan’s lawyers to discuss the contract. Using that logic, a lawyer would be able to discuss any contract because every contract is seen by the other party or parties.
- 2
27,
You are brilliant. I wonder why no one thought of that.
LOL.
All you brilliant people.
See if the law firm that negotiates his next contract is the same as the one that did his last one.
Then you’ll know just how brilliant *he* thought his old contract was.
1. Conan’s show was not funny
2. Conan got his writers from Craigslist
3. Conan was fine at 1:00 a.m., he doesn’t have the chops for 11:30
4. Jeff Zucker is the moron who ran NBC into the ground
5. Patty Glaser needs to get laid.
16/20
For someone who claims what “EVERYONE” knows about Entertainment Contracts you sure aren’t using your head much.
Although the “full settlement” is confidential, the public part (or the leaked part as the case may be) is about $45 million. That’s significantly more than litigation costs.
Further, O’Brien’s contract had a three year non-compete clause. Or at least news reports widely reported that Jeff Zucker could keep O’Brien off the air until 2013. The settlement agrees that O’Brien will be able to appear on another network starting September 1st, 2010. Less than a year after the settlement.
It seems pretty clear to me that the settlement went in Conan’s favor.
Given that the potential “breach” that Conan would allege is NBC Moving his show from 11:30pm to 1:00am it’s pretty clear that the contract MUST have contained some language implying that the tonight show had to be at 11:30.
Otherwise, NBC would have moved the show, told Conan to suck it up, and if he didn’t like it, he would have gotten a litigation costs settlement of a couple million and be stuck not competing.
I think everything else is just posturing. NBC’s lawyers probably told them that it would cost $150 million to buy out Leno and only $45 Million to buy out Conan, and they decided Conan would go.
But first, they tell Conan that “we’re moving your show to 1:00am. If he’s a pushover he might take it, even if the contract says otherwise. Even if it’s a low chance, what exactly does NBC lose?
Then he fights it, they make the payout, and they’re done.
2 and anyone else commenting that this attorney’s comments violated a rule of ethics be stupid.
Anyone with a rudimentary understanding of business negotiations would know that the reason Conan’s contract was less “ironclad” than Leno’s was because he had less leverage than Leno when he negotiated his contract with NBC.
Even the best lawyers in the world wouldn’t have been able to get Conan terms that were comparable to Leno’s. Leno was the king of Late Night at his peak.
You guys are all missing the key issue here…where is the CONSIDERATION!?!? We know that she provided legal services, but the story doesn’t say *anything* about him paying her. Did he pay her in cash? in kind? how much? nominal? unconscionable?
Without answering these questions first, you can’t even talk about the timeslot clause because in all likelihood the contract wasn’t even valid in the first instance!