Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
Michael Carusi points us to the news that Warner Bros., MGM and Universal Studios have agreed to pull nearly 2,000 films from Netflix’s library, in order to put them in the Warner Bros. Instant Archive. You may recall that Warner recently launched this archive, which is an incredibly overpriced and ridiculously limited offering. Apparently, they’re trying to bolster the offering in part by hurting Netflix. As we’ve warned, this sort of fragmentation does little to help anyone…
* “Almost anything associated with him is necessarily of concern.” Thanks to the D.C. Circuit, Osama bin Laden’s death photos may never see the light of day, no matter how many FOIA requests you file. Sorry, you’ll have to settle for the Oscar-nominated film Zero Dark Thirty. [McClatchy Newspapers]
* Some would argue that the opinions written by Judge Stephen Reinhardt of the Ninth Circuit are like Lex Luthor’s ring in that they keep the heirs of Superman’s co-creator at bay like kryptonite. [WSJ Law Blog (sub. req.)]
* Ay dios mio, al parecer esta es una gran noticia para la escuela! Yale Law has hired Cristina Rodríguez, an expert in immigration law, as its first Hispanic professor in a tenured position. [National Law Journal]
* Prosecutors established probable cause in the Aurora movie theater shooting case and James Holmes has been ordered to stand trial, but his lawyers aren’t ready to enter his likely NGRI plea yet. [Bloomberg]
* Everyone saw this coming, but that doesn’t mean they have to be any less disgusted by it: Jerry Sandusky filed a motion to get a new trial just three months after being sentenced for his sex abuse conviction. [CNN]
* “[L]awyers aren’t trained as accountants,” but Gibson Dunn, Freshfields, Drinker Biddle, and Skadden may have some splainin’ to do when it comes to Hewlett-Packard’s M&A blowout with Autonomy. [WSJ Law Blog]
* Looks like it’s time for some holiday musical chairs: Dorsey & Whitney’s managing partner Marianne Short will be leaving the firm at year’s end to join UnitedHealth as its chief legal officer. [Twin Cities Business]
* The court-ordered mediation between Hostess and the bakers’ union broke down last night. If Judge Drain approves the company’s liquidation plan, the Twinkie may disappear from whence it came. [Reuters]
* You shall not pass — or use Lord of the Rings characters in online gambling games! J.R.R. Tolkien’s estate is suing Warner Brothers for $80M over improper licensing of the late author’s characters. [Bloomberg]
* Please don’t tickle me, Elmo. One week after an accuser recanted his allegations against puppeteer Kevin Clash, another one filed suit over an underage sexual relationship. [Media Decoder / New York Times]
* There’s nothing like some man-on-man sexual harassment to get you going in the morning. Sparks Steak House paid $600K to settle charges lodged by 22 male servers over an eight year period. [Corporate Counsel]
* Seems like this pulchritudinous plaintiff’s contract case is still kicking, and Emel Dilek testified that sleeping with the boss was “absolutely not” one of her roles during her time at Mercedes-Benz. [New York Post]
* Lululemon and Calvin Klein have settled their patent spat over elastic waistbands on yoga pants. Here’s hoping the Canadian yoga-wear company turned this lemon of a lawsuit into lemonade. [Businessweek]
* What do divorcées do in their spare time? They go to Florida’s $350M courthouse to spray paint it with broken hearts and notes for the judge who presided over their proceedings. [Riptide 2.0 / Miami New Times]
Watch out, Warner Bros. and Munger Tolles: the machete-wielding, tiger-blood-fueled Charlie Sheen is coming after you. The seemingly deranged actor, who was recently fired from the CBS hit show “Two and a Half Men,” has filed a $100 million lawsuit against Warner Bros. and Chuck Lorre, the studio and executive producer of the show, respectively.
You can read more via the links below. And in case you missed it, be sure to check out Marin’s awesomely hilarious post, “The Busy Lawyer’s Guide to Charlie Sheen’s Bitchin’ Termination Letter,” which takes a closer look at some of the issues that will likely arise in this litigation.
You don’t have to be a total bitchin’ rock star from Mars to have predicted that Warner Bros. — the company that produces Two and a Half Angry Men and, not un-coincidentally, Looney Tunes — would fire Charlie Sheen from the show. And on Monday, that’s exactly what happened. Writing on behalf of Warner Bros., Munger Tolles (specifically, partner John Spiegel) fired off an 11-page letter immediately axing Charlie from Two and a Half Laughs, Ever Men.
But even if someone wields a machete from a roof or requests a battle in the Octagon, you can’t necessarily fire him for cause just because he’s crazy. For instance, Tom Cruise jumps on couches and he has gone on to not be fired from several lackluster movies, most notably Valkyrie. Warner Bros. needs cause to fire Charlie under his $1.8 million per episode contract, and in the letter, they offer up a kitchen sink of it.
A lot rides on the outcome here: if Charlie prevails in arbitration and proves that Warner Bros did not have cause to fire him, he stands to get paid for the ten remaining episodes in the show’s ninth (!!) season. And if the reports are accurate, he also has a “Michael J. Fox” clause in his contract, which specifically permits a washed-up 80s actor to continue to draw paychecks from humorless sitcoms that remain in production after the actor has left the show to fade into obscurity – a hold over from the days when Sheen replaced Fox in Spin City and Fox continued to get paid. If Warner Bros. prevails, they may seek 10 episodes worth of lost revenue from Charlie, though admittedly it will be difficult to convince an arbitrator that anybody watches the show, must less pays to advertise on it.
In any event, down to brass tacks. Here are the various allegations Warner Bros. makes in the termination letter to assert that they have cause to fire Charlie under his contract, along with my evaluation of their merits….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
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