On Friday morning, lawyers from Weil Gotshal and Steptoe, facing off in WarnerMedia Network Sales v. DISH Network L.L.C., will convene at the Southern District of New York courthouse for a morning meeting with Judge Arun Subramanian. It’s your standard, sign-of-our-times media feud: Warner has a deal allowing DISH to air Warner programming, but DISH packaged some of that content so it could be purchased on a day-to-day or week-to-week basis through SlingTV and Warner isn’t happy about it. It’s a “can the roommate keep using the Netflix account we got for the house?” situation ramped up to corporate boardroom level.
A Friday hearing is pretty normal. But Friday is Halloween, so the judge has one special trick for the parties.
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Here’s the thing about the words “Costumes optional.” It may seem “optional,” but that reads a whole lot like a dare. Do you want to show up in business attire when the other side agreed to the judge’s whimsical invitation? Is there some junior associate at Weil billing .3 to “Trip to Spirit Halloween” for a David S. Pumpkins suit right now?
The odds are probably right around the same as an appearance of the Great Pumpkin. That said, if any litigation could bring out a little lawyer cosplay, it would be one involving media companies. We reached out to both Weil and Steptoe to ask if they had any reaction to the order, but have not heard back. We will update if either decides on a costume.
[UPDATE: Steptoe has responded:
It’s a “treat” that the court has opened the door to costumes. The Steptoe team will be coming as superheroes (the ones who don’t wear capes).
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Somehow I don’t think they mean the Incredibles, who famously do not wear capes.]
To demonstrate the parties’ good faith negotiation powers, maybe the lead attorneys could coordinate and arrive in a Vincent Gambini maroon tuxedo and an Elle Woods pink Jackie Kennedy outfit? Unfortunately, My Cousin Vinny is a 20th Century Fox production and it might be more gauche than the tuxedo for Warner’s attorney to show up as a rival studio’s character.
If either side takes the judge up on the offer, be sure to enter the ATL Halloween contest.
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.