Movies

Beyonce Above the Law.JPG* Former ATL guest blogger Ted Frank — of Overlawyered, Point of Law, and Table 42 fame — will be on C-SPAN today, at 2 PM (Eastern time). He’ll be discussing federal regulatory action and the Roberts Court. [C-SPAN]
* If you haven’t done so already, add the excellent JD Bliss to your RSS reader or blogroll. And not just ’cause we were recently interviewed by them. [JDBliss: Balancing Life and the Law]
* The music video for Beyonce’s “Irreplaceable” is not to be missed. The visual contrast between “urbane” Beyonce, with her meticulous make-up and perfectly straight hair, and “feral” Beyonce, drenched by a gushing fire hydrant, is jaw-dropping. And the image of her wet hand, snaking deliciously across her black-leather-swathed derrière, is arresting and indelible. WOW!!! [YouTube]
(We can’t wait to see Beyonce in Dreamgirls, directed by Bill Condon — a graduate of our alma mater, just like Plamegate prosecutor Patrick Fitzgerald.)

Borat Borat Borat lawsuit law litigation legal Borat Borat Borat.JPG* Another week, another Borat lawsuit.
* Wow — it doesn’t take much to get lawyers all hot and bothered. But ATL readers were evidently untroubled.
* Merry Christmas. There will be no O.J. Simpson book.
* But no Britney sex tape, either.
* Wesley Snipes has some harsh words for the IRS. And Judge Posner does, too.
* We hung out a lot with the Federalist Society. We watched the social conservatives and the libertarians slug it out over cultural issues. And we learned that Judge Edith Jones isn’t the woman we thought she was.

Borat Above the Law Legal Blog Law Gossip Borat.JPGThe Borat litigation juggernaut rolls on. And Fox, the studio behind the hit movie, is fighting back:

Fox attorneys filed a legal brief Monday slamming a request for a preliminary injunction against the hit comedy “Borat” as a “fatuous” attempt to thwart free speech, even as the studio’s legal battle spread to a second front.

“Plaintiffs may claim that they were tricked ‘into making fools out of themselves’ and becoming ‘unsuspecting players’ in the movie ‘Borat,’ ” the studio said in opposing the request. “They never contend … that bigoted and misogynistic statements were put into their mouths.”

The plaintiffs are the two fraternity brothers who are suing the studio for depicting them as bigots and misogynists — after they made, on camera, bigoted and misogynistic statements.
The frat boys may not be terribly sympathetic plaintiffs. But they’re not the only ones suing over Borat:

[A]ttorneys representing a pair of villagers in Glod, Romania, filed a $30 million lawsuit over their roles in “Borat.”

Filed in U.S. District Court in New York, the suit seeks to stop distribution of the film until scenes showing plaintiffs Nicolae Todorache and Spiridom Ciorebea are removed.

It didn’t take long for plaintiffs’ lawyers to discover Bhopal. What took them so long to find Glod?
Fox Fires Back at “Borat” Suit [Hollywood Reporter]
Earlier: Prior ATL coverage of Borat (scroll down)

Civil War Above the Law.jpg* Woo-hoo!!! Good news for online rumor-mongerers like ourselves. [Volokh Conspiracy; Instapundit]
* And a bit of bad news, too. [Concurring Opinions]
* We weren’t the only ones who had fun at Federalistapalooza. [Southern Appeal]
* “Conservative civil war”: Not just at the Federalist Society. [Andrew Sullivan; Instapundit; Ryan Sager]
* When the subject of gay marriage comes up, social conservatives bring out a parade of horribles — including polygamy. Now Ann Althouse wonders: Is it really so horrible? [Althouse]
* While we’re linking to contrarian thinking, here’s a different take on L’Affaire OJ.: “Rupert Murdoch’s relevant anatomy shrunk to the size of two shriveled peas.” [Crime & Federalism]
* Some food for thought: “If the [anti-burqa] legislation is enacted, a Dutch woman could marry her lesbian partner, spend her life smoking a little hashish now and then — and when the time comes, get a doctor’s assistance in pulling the plug — all well within Dutch law. But she couldn’t ride the subway with a veil over her face. What an odd country.” [PrawfsBlawg]
* Actually, Will, we think this is really cool. Who wants to tour Civil War battlefields when you can visit these instead? [Crescat Sententia]

Borat Above the Law Legal Blog Law Gossip Borat.JPGLitigation surrounding Sacha Baron Cohen’s controversial comedy, Borat, is turning into a cottage industry for the legal profession. Here’s the latest news:

The owner of an etiquette business who was handed a plastic bag supposedly containing feces in the hit movie “Borat” says she was [falsely] told the filming would be used for a documentary in Belarus.

Cindy Streit said she filed a complaint Thursday with California Attorney General Bill Lockyer, requesting an investigation into possible violations of the California Unfair Trade Practices Act.

For those of you who haven’t the film, here’s a description of the scene in question:

Streit said she arranged in Alabama both a sit-down session with Borat, played by comedian Sacha Baron Cohen, and a dinner party with some of her friends…. Though awkward at times, the dinner went well until Borat asked to use the bathroom, Streit said.

“I had taught him to excuse himself. He did that correctly and went upstairs,” Streit told The Associated Press. “The next thing that happened is that he came down the stairs holding this plastic bag with whatever was in it.”

“My horror was that he had brought a bag of feces to my dinner table.”

Would-be Borats, consider yourselves warned: Cindy Streit doesn’t take any s**t.
Fun fact: Streit is represented by Gloria Allred, the colorful California litigatrix (and mother of Court TV anchor Lisa Bloom).
Etiquette Coach Files ‘Borat’ Complaint [Associated Press]

Non-Sequiturs: 11.15.06

* Since a dropped debt doesn’t exactly put a developing country in the black, Bono presumably is counting his pennies to continue to benefit the world’s poorest countries. Or maybe that memorabilia was all that they couldn’t leave behind. (More wordplay abounds. Why is it that even a non-fan like me can think of several puns off the top of her head? Damn that catchy U2 pop.) [MSN]
* Speaking of debt, can you believe it’s almost Christmas/Hannukah/Festivus? Catch this new documentary at a film festival near you, before you break out the plastic. [Consumer Law & Policy Blog]
* Remember when just a good idea could make you a paper millionaire? It’s safe to say that these days, you need a bit more than just a few scrawls on a cocktail napkin. But you’re still going to need this guy to inflate that bubble once again. [Wall Street Journal via Blawg Review]
* This time it’s the passenger suing the airline. And it’s breastfeeding, not alleged sexual acts. Not that we would never equate the beautiful and natural act of a baby pressing its face against the boob area to the less beautiful but equally natural act of a grown man pressing his face against the vaginal area. [Associated Press via MSN]

Borat Above the Law Legal Blog Law Gossip Borat.JPGOn Friday night, we saw Borat at our local movie theater. We found it hilarious for the first fifteen minutes, before it turned repetitive. That said, there were some impressive set pieces in the second half of the film, such as the hotel room wrestling match.
(We viewed Borat on the recommendation of one of the Elect, and we spotted another in the theater. Supreme Court clerks: They’re just like us!)
If you’d like to know more about how the film was made, including who was in on the joke and who wasn’t, check out this Guide to Borat, from Salon (via How Appealing). According to Salon, most of the people who interacted with Sacha Baron Cohen in the movie were NOT in on the joke.
Commenting on “Lexytime” — our prior post about Borat, concerning two fraternity brothers who are suing the film’s producers — Tortious Malfoy wrote:

If you had seen the movie you would know why they’re suing: they went on a racial rant about how they wish they could still own slaves, women were nothing, and alot of other hostile stuff. Don’t think they’ll be getting much love in the South anytime soon, especially considering the movie’s reach.

Actually, if Borat’s portrayal of the South is even halfway accurate, we think that the plaintiffs might be embraced by southerners (e.g., the people at the rodeo, the gun store owner, etc.).
Having seen Borat, we actually have the opposite reaction to what Tortious Malfoy predicted: We are LESS sympathetic to the fraternity brothers’ lawsuit against 20th Century Fox and One America Productions. The frat boys are recorded drinking, watching porn, and spewing racist and misogynistic statements. And now they’re upset because, among other things, they thought that the movie would only be screened in Europe? Please.
Furthermore, we agree with this commenter at the WSJ Law Blog. In vino veritas. If the frat boys come across as racist and misogynist, well, maybe there’s a reason for that.
We also note that the frat boys’ lawsuit is counterproductive, due to the Robert Steinbuch effect. By filing a lawsuit, the plaintiffs are only highlighting the actions and statements of theirs that they did not want exposed to public view.
The impoverished Romanian villagers who are now thinking about suing over Borat are far more sympathetic than the frat boys. Regardless of the legal merits of the contemplated action, Cohen and the production companies might as well throw some money in the villagers’ direction, especially in light of Borat’s financial success.
A bunch of poor, exploited Romanian villagers are sure to arouse some public sympathy. Especially this man:

Mr Tudorache, a deeply religious grandfather who lost his arm in an accident, was one of those who feels most humiliated. For one scene, a rubber sex toy in the shape of a fist was attached to the stump of his missing arm – but he had no idea what it was.

Borat was number one again at the box office this past weekend, taking in another $28.3 million. Surely Cohen and Fox can afford to do something nice for the villagers. Like buying Mr. Tudorache a fist dildo made of glass, not rubber.
* The plaintiff frat boys are represented by the very handsome Olivier Taillieu. Here’s an excerpt from his unintentionally amusing bio:

[Olivier clerked] for the Honorable A. Wallace Tashima on the U.S. Court of Appeals for the Ninth Circuit, one of the most prestigious and sought-after clerkships in the country. Following his clerkships, he entered private practice as a litigator in the Intellectual Property and Technology Department in the Los Angeles office of O’Melveny & Myers, LLP, one of the top 15 law firms in the country as ranked by revenue by The American Lawyer.

Now, we are the last people to dispute the prestige of a Ninth Circuit clerkship and a Biglaw gig. But traditionally law firm bios merely list these credentials, without the grandiose description.
(Then again, self-promotion is to be expected from a former contestant on the short-lived, ill-fated reality TV show, The Law Firm.)
Earlier: Prior Above the Law coverage of Borat (scroll down)
Collected Borat coverage [How Appealing (linkwrap)]
Guide to Borat [Salon]
Borat film ‘tricked’ poor village actors [Daily Mail]
Olivier A. Taillieu, Esq., bio [Zuber & Taillieu]

Shakira Above the Law Legal Tabloid Nude Pictures Naked Pictures Nude Pics Shakira Shakira Shakira.JPG* The Democrats are in the House — and Senate, too. Say hello to the new chairmen of the Senate Judiciary Committee and the House Judiciary Committee. (And goodbye to Secretary Donald Rumsfeld.)
* It was a big week for politics — and celebrity divorces. Parting ways: Britney Spears and Kevin Federline.
* Dewey Ballantine + Orrick, Herrington & Sutcliffe = Sexytime!!!
* Hit movie Borat + Two dumbass frat boys = Lexytime!!!
* “Shake-It-Like-Shakira” contest + Drunken Jersey girl = More Lexytime!!!
* Rumors of Justice Stevens’s retirement: Greatly exaggerated? Or for real this time around?
* Speaking of the SCOTUS, here’s a fun fact: “It is unlawful to… make a harangue or oration… in the Supreme Court Building.”
* For the record, onetime Supreme Court nominee Robert Bork “doesn’t go seducing women at a convent.”
* News flash: Your friends who went into investment banking make WAY WAY WAY more money than you. (Unless you’re a new Wachtell Lipton partner, in which case they make WAY more money than you.)

wesley snipes above the law above the law atl atl.GIFThat’ll teach us to rely upon the mainstream media. Last week we passed along the news, reported by Variety, that movie star Wesley Snipes had cut a deal with the Internal Revenue Service. Snipes stands accused of engaging in massive tax fraud. According to Variety, Snipes negotiated a deal under which he wouldn’t serve any jail time, and would pay taxes and penalties to the IRS under an installment plan.
Well, we take it all back. From another MSM outlet, but a more venerable one:

Wesley Snipes, who often portrays law enforcement agents in movies, remains a federal fugitive, and no deal has been made to drop the tax fraud and conspiracy charges against him, a spokesman for Paul I. Perez, the United States attorney in central Florida, said yesterday.

Straightforward enough — on-the-record comment from a U.S.A.O. flack. So how did Variety get this so wrong?

Patrick Frater, who wrote the [Variety] article, said yesterday that he spoke to three associates of Mr. Snipes, but made no attempt to check with prosecutors about what they had said. Any blame for inaccuracy, he added, should rest on Variety editors “who put it through” into print.

Two quick thoughts. First, we never went to journalism school, but aren’t MSM reporters supposed to reach out to both parties to a story in the course of their reporting?
Second, one of the nice things about blogging is that your writing doesn’t have to be filtered through an editor. But the downside is that, when the stuff hits the fan, you have nobody to blame but yourself.
No Deal Made to Free Actor in Tax Case, Prosecutors Say [New York Times]
Earlier: Wesley Snipes Cuts a Deal with the IRS
White Men Can’t Jump — But They Can Nab You for Tax Evasion

Non-Sequiturs: 11.06.06

borat borat borat above_the_law atl sacha_baron_cohen.jpg* I didn’t realize that it has been at least four years since people have been writing for nothing but personal satisfaction. Well, Happy Birthday, Legal Reader! [Legal Reader]
* I haven’t made up my mind regarding voter irrationality, but I know this is why I hate politics (and why those swayed to vote by Rock the Vote are perhaps the only ones who really should stay home tomorrow). [Cato Unbound via Marginal Revolution]
* Who saw Borat this weekend? You’d think that everyone would be in on the joke by now, but apparently not. A human rights group is suing Sacha Baron Cohen himself, and a woman says she got fired because of his antics. Let’s hope this guy doesn’t sue. [USA Today: On Deadline]
* Another day, another political/religious sex scandal offender. Unfortunately, being a hypocrite isn’t illegal, but what slogan would you want to see on his t-shirt anyway? [AP via Herald Tribune]

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