Arbitration in Entertainment Contracts: Worth fighting about?

Gordon P. Firemark

Charlie Sheen ‘s lawyers are fighting hard to have their case against the producers of Two and a half men heard in Court, rather than arbitration. Yesterday, the producers secured a victory on this front, with the Court ordering claims to arbitration under Sheen’s contract. This post will explain some of the advantages and disadvantages of arbitration, and my thoughts on why Sheen and Warner Bros. WHAT IS ARBITRATION? WHY ARBITRATE.

Site Cannot Compel Arbitration Based upon Later-Amended Terms without Showing Adequate User Notification of Change

New Media and Technology Law

district court ruled that an eBay user did not assent to a later-added arbitration clause to the user agreement by virtue of a provision that stated eBay could amend the agreement at any time, as the user may not have received sufficient notice of the amendment. eBay moved to compel arbitration based on plaintiff’s assent to the 1999 User Agreement, which did not have an arbitration clause but contained the change-in-terms clause (i.e., A D.C.

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CAA, UTA Headed to Second Arbitration Over "Lawless Midnight Raid"

THR, Esq. Entertainment & Media Law Blog

The dispute over poached agents is very much active — with a recent court decision, a big hearing this month and the introduction of a second arbitrator. read more. THR, Esq. Business Movies Television Business THR Online CAA UTA Representation

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Social Media Arbitration Clauses and Fairness

Media Law Prof Blog

Koenig, Northeastern University and Michael L> Rustad, Suffolk University Law School, have published Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses at 65 Case Western Reserve Law Review 341 (2014). Thomas H. Here is the abstract. Our systematic

Randazza v. Cox Arbitration Decision

The Legal Satyricon

Those of you who recall this post about Crystal Cox will find the following document of interest. Randazza v. Cox – Decision D2012-1525 Naturally, I would find the opinion to be a good one, as the Panel found in my favor. However, the Panelist seems to have really gotten the whole point of Crystal Cox’s [.].

SCOTUS Plays Soup Nazi: No Class-Wide Arbitration for You!

JetLawBlog

A few weeks ago I took a quick look at a friend’s cell-phone contract , and there it was: the dreaded mandatory arbitration clause. You know, the clause hidden inside the fine print that says something along the lines of, “You agree to arbitrate any claim you may have against us rather than pursue it in court.&# Your card agreement probably contains an arbitration clause preventing you from getting into court. Now, lets look at life after arbitration clauses.

New York State Court Declines to Compel Arbitration, Cites Purported Ambiguities in Mobile Contracting Process

New Media and Technology Law

Last year, the Second Circuit, in the notable Meyer opinion, blessed Uber’s mobile contracting process , but in considering a similar Uber platform, a New York state court late last month declined to compel the arbitration of user claims due to what the court considered an “ambiguous registration process.” ( Ramos v. In response, Uber moved to compel arbitration according to the terms and conditions which included an arbitration clause.

Magician Makes Morals Clause Disappear in $2.6 Million Arbitration Win

THR, Esq. Entertainment & Media Law Blog

Brett Daniels overcame allegations of sexual harassment and death threats to win a 10 percent fee for 'The Illusionists,' but the magician is still fighting the claim he acted as an unlicensed agent. read more. THR, Esq. Business Television Business THR Online

Jeremy Piven is Off The Hook. Fish story satisfies arbitrator.

Gordon P. Firemark

Here’s the story: Arbitrator accepts Jeremy Piven’s sushi explanation–THR, Esq. THR Esq. reports today that Jeremy Piven’s mercury poisoning excuse for leaving the Broadway production of “Speed The Plow&# last season is sufficient, and he’ll not be liable to the producers for breach of contract, or other claims. – Entertainment and Media Law.

Bruce Willis Confirms $5.9 Million Arbitration Win Over Aborted Film

THR, Esq. Entertainment & Media Law Blog

The actor earns a ruling entitling him to his paycheck despite cancellation of "Wake." read more. THR, Esq. Business Movies Business THR Online

Affleck wants harassment case arbitrated

THR, Esq. Entertainment & Media Law Blog

By Matthew Belloni Casey Affleck is already moving to squelch those allegations of sexual harassment. The actor/filmmaker, who was sued Friday for sexual harassment by a producer on his upcoming documentary "I'm Still Here: The Lost Year of Joaquin Phoenix

Update on the SESAC Royalty Arbitration Proceedings with the Radio and TV Industries

Broadcast Law Blog

As we wrote here (television ) and here (radio ), both antitrust cases ended with settlements where SESAC agreed that its rates would be subject to review by an arbitration panel to assure their reasonableness, if voluntary negotiations between the groups representing the industries and SESAC were not successful in arriving at mutually agreeable rates.

Arbitrator accepts Jeremy Piven's sushi explanation

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner An arbitrator has ruled that Jeremy Piven didn't breach his contract when he bowed out of the play "Speed the Plow" for health-related reasons. The story became an international sensation last year when Piven's health excuse was.

Bruce Willis Has $5.9M Arbitration Win Reversed by Appeals Court

THR, Esq. Entertainment & Media Law Blog

Producer Michael Benaroya is fighting a contract and fraud claim over Willis' services for an aborted film. read more. THR, Esq. Business Movies Business THR Online

Court Enforces Arbitration Clause in Online Terms of Service Accepted by a Minor

New Media and Technology Law

Earlier this month, the District Court for the Eastern District of North Carolina granted Epic’s motion to compel individual arbitration of the claims of a putative class action. The court concluded that the arbitration provision contained in the EULA was enforceable in this case, even where a minor was the person who ultimately assented to the terms. Epic moved to compel arbitration based on the version of the terms agreed to in March 2019 by a user of plaintiff’s Fortnite account.

SESAC Royalties for Commercial Radio Slashed By More Than Half – Both SESAC and RMLC Claim Victory in Arbitration

Broadcast Law Blog

This decision came out of an arbitration process that resulted from the settlement of an antitrust lawsuit that the Radio Music License Committee (RMLC) brought against SESAC (see our article here for a summary of the settlement). While the decision of the arbitrators is not public so we can’t know for sure the reasoning behind the result, it might be that there is something to each of these claims.

ArbiLex, A Harvard Law School Legal Tech Startup, Uses AI To Settle Arbitrations

Communications And Entertainment Law Blog

ArbiLex, A Harvard Law School Legal Tech Startup, Uses AI To Settle Arbitrations Frederick Daso “Legal disputes between two entities vary in complexity and scope. With claims resolved through international arbitration, the outcomes are on the order of millions and billions of dollars. ArbiLex is a data analytics startup for international arbitrations, leveraging artificial intelligence (AI) to help parties reach resolutions quickly and efficiently.

Jeremy Piven 'Speed the Plow' arbitrator decision revealed

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner When we first heard about an arbitrator's decision in August to let Jeremy Piven off the hook for bowing out of the play "Speed the Plow" due to health-related reasons, we assumed the arbitrator had probably grounded.

IFTA PUBLISHES ARBITRATION AWARDS

Entertainment Law Resources Blog

IFTA, the Independent Film and Television Alliance, recently decided to publish summaries of the awards made by its arbitrators from 2007 through 2010. They are posted on its website at: [link] The summaries include the names of the parties, the name of the arbitrator, the date the award was issued and a short summary of the nature of the award. While IFTA administers the arbitration program, the decisions are solely the prerogative of the arbitrator hearing each dispute.

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Thoughtful Presentations of Terms of Use Crucial for Enforceability

New Media and Technology Law

The lower court denied Intuit’s motion to compel arbitration, finding that the presentation of Intuit’s terms fell “below the gold standard” for conspicuousness, noting, for example, that the hyperlinks were in blue, but not underlined to make them stand out to the user.

'Bones' Profit Participation Lawsuits Moved to Arbitration

THR, Esq. Entertainment & Media Law Blog

Barry Josephson, Emily Deschanel and David Boreanaz won't get an open court forum for allegations they've been cheated out of their share of profits from Fox's longest-running hourlong drama. read more. THR, Esq. The Business Television Business THR Online

Unfinished Film Producer Wants Bruce Willis' $5.8M Arbitration Win Overturned

THR, Esq. Entertainment & Media Law Blog

Wake' shut down after less than a week of filming and Willis was awarded the missing portion of his paycheck. read more. THR, Esq. Movies Movies THR Online

CAA Brings Arbitration Claim Against Three Defecting Agents

THR, Esq. Entertainment & Media Law Blog

Jason Heyman, Martin Lesak and Nick Nuciforo are alleged to have been under contract when they resigned Tuesday to join UTA. read more. THR, Esq. The Business Home Business THR Online CAA

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Bergstein's ThinkFilm hit with $1 mil arbitration award

THR, Esq. Entertainment & Media Law Blog

By Matthew Belloni An arbitrator has taken a hit out against David Bergstein's ThinkFilm, ordering the embattled distributor to cough up about $1 million in damages to the producers of the 2006 mob drama "10th & Wolf." Producer Suzanne DeLaurentis.

Harvey Weinstein Contests Termination From The Weinstein Co. in Arbitration

THR, Esq. Entertainment & Media Law Blog

In new court papers, TWC also stands by Bob Weinstein amid a sexual harassment allegation. read more. THR, Esq. Business Movies Business THR Online Harvey Weinstein

Agency Showdown: WME-John Ferriter $25 Million Arbitration Begins

THR, Esq. Entertainment & Media Law Blog

Matthew Belloni Lawyers for William Morris Endeavor and its former board member are in a Century City conference room Wednesday for the start of an arbitration over Ferriter’s abrupt 2009 exit from the agency. read more. THR, Esq. THR, Esq. The Business Business William Morris Endeavor

IFTA PUBLISHES ARBITRATION AWARDS

Entertainment Law Resources Blog

IFTA, the Independent Film and Television Alliance, recently decided to publish summaries of the awards made by its arbitrators from 2007 through 2010. They are posted on its website at: [link] The summaries include the names of the parties, the name of the arbitrator, the date the award was issued and a short summary of the nature of the award. While IFTA administers the arbitration program, the decisions are solely the prerogative of the arbitrator hearing each dispute.

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Charlie Sheen Denied in Effort to Stop Arbitration

THR, Esq. Entertainment & Media Law Blog

Matthew Belloni Attorneys for Charlie Sheen were denied this morning by a Santa Monica judge in their effort to stop a private arbitration between the Sheen, Warner Bros. and Two and a Half Men producer Chuck Lorre over the actor's firing from the show. read more. THR, Esq. Television Television Charlie Sheen

'Paranormal Activity' Creator Wins Arbitration for Failed Directing Deal

THR, Esq. Entertainment & Media Law Blog

Oren Peli will collect $500,000 from the producers of 'Stonehearst Asylum.' read more. THR, Esq. Heat Vision Movies Movies Business THR Online Avi Lerner Millennium Films Oren Peli Insidious Insidious: Chapter 3 Paranormal Activity

Glenn Beck loses 'raped and murdered' arbitration

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Fox News' Glenn Beck has lost a claim that a website called glennbeckrapedandmurderedayounggirlin1990.com was registered in bad faith and in violation of his trademark rights. The website was founded by Isaac Eiland-Hall earlier this year in response.

Judicial Analytics Company Gavelytics Expands with New Rulings Database and Arbitrator Archive

Media Law

Today, the first two of these new features roll out — a rulings database and an arbitrator archive. The post Judicial Analytics Company Gavelytics Expands with New Rulings Database and Arbitrator Archive appeared first on Robert Ambrogi's LawSites. When last we wrote about judicial analytics company Gavelytics on March 13, it was announcing a $3.2 million funding round to support development of new features and expansion into additional jurisdictions.

'Men in Black' Director Barry Sonnenfeld Loses $325,000 Arbitration to UTA (Exclusive)

THR, Esq. Entertainment & Media Law Blog

Matthew Belloni The arbitration ruling was confirmed in a court filing Wednesday in Los Angeles Superior Court. read more. THR, Esq. Movies Movies Barry Sonnenfeld Men in Black III

'Paranormal Activity' Creator Wins Arbitration for Failed Directing Deal

THR, Esq. Entertainment & Media Law Blog

Oren Peli will collect $500,000 from the producers of 'Stonehearst Asylum.' read more. THR, Esq. Heat Vision Movies Movies Business THR Online Avi Lerner Millennium Films Oren Peli Insidious Insidious: Chapter 3 Paranormal Activity

The First Arbitration in the U.S.?

Media Law

Arbitration in 1623? So says this historical marker at Stage Fort Park in Gloucester, Mass.

CBS Allowed to Pursue 'Glass House' Producers in Arbitration (Exclusive)

THR, Esq. Entertainment & Media Law Blog

A judge has dismissed a demand that the network be enjoined from arbitrating claims that ex-'Big Brother' producers violated trade secrets by creating an alleged copycat show. read more. The Business THR, Esq. Big Brother Television CBS ABC Business

Arbitrator Rules Mayan Prophesy Filmmaker Breached Contract

THR, Esq. Entertainment & Media Law Blog

Raul Julia-Levy, who claims to be the son of late actor Raul Julia, wished to make a film entitled "Revelations of the Mayans 2012 and Beyond." read more. Movies THR, Esq

Randazza v. Cox Arbitration Decision

The Legal Satyricon

Those of you who recall this post about Crystal Cox will find the following document of interest. Randazza v. Cox – Decision D2012-1525 Naturally, I would find the opinion to be a good one, as the Panel found in my favor. However, the Panelist seems to have really gotten the whole point of Crystal Cox’s [.].

Hollywood's Deflategate? 'Hannah Montana' Creators Fight "Perplexing" Arbitration

THR, Esq. Entertainment & Media Law Blog

Most disputes in the entertainment industry are handled privately. Some say they've been denied due process. read more. THR, Esq. The Business Movies Television Music Business THR Online

CAA Headed to Arbitration Against Agent Dan Aloni

THR, Esq. Entertainment & Media Law Blog

A judge ruled Friday that the $5 million dispute is subject to an arbitration clause in his contract read more. The Business Christopher Nolan THR, Esq. Business CAA

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Viacom Owes Additional $383 Million in 'Rock Band' Video Game Dispute, Arbitrators Say

THR, Esq. Entertainment & Media Law Blog

Paul Bond The media conglomerate sues to overturn the recommendation of accountant-arbitrators, who say former shareholders of Harmonix were shafted. read more. THR, Esq. The Business Music Tech Business Activision Blizzard The Beatles Viacom

Spotify Challenges Ruling Over "Unconscionable" Way It Forces Users Into Arbitration

THR, Esq. Entertainment & Media Law Blog

The streaming company is facing a proposed class action over claims it automatically renews subscriptions without proper notice and consent. read more. THR, Esq. The Business Music Tech Business THR Online

'Conjuring' Dispute Will Be Handled in Arbitration

THR, Esq. Entertainment & Media Law Blog

Producer Tony DeRosa-Grund is alleging that New Line violated rights on the blockbuster horror franchise read more. The Business Movies THR Online THR, Esq. Business

Charlie Sheen Lawyers in Court Trying to Stop Arbitration

THR, Esq. Entertainment & Media Law Blog

Matthew Belloni UPDATED: Attorneys for Charlie Sheen are in a Santa Monica court Wednesday morning attempting to convince a judge to stop a private arbitration between the actor, Warner Bros. and Two and a Half Men producer Chuck Lorre over the actor's firing from the show. read more. THR, Esq. Television Television Charlie Sheen

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