ENTERTAINMENT LAW CIRCULAR
Summer 2020
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Pierce Law Group LLP Wins
Multi-Million Dollar Fraud Judgment
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On June 17th, 2020, Pierce Law Group LLP obtained a judgement in the amount of $3,037,364.00 on behalf of our clients in a state court action which alleged actionable fraud and breach of contract in a case in which a music producer fraudulently expended a record label's assets for his own personal gain. Pierce Law Group LLP's David Albert Pierce and John R. Baldivia were the litigation attorneys that obtained this victory. See Enrile v. Dawkins (LASC Case #: 19SMCV00140).
The plaintiffs were a record label and its owner/investor who had paid funds to defendant for services designed to further promote the singing career of its artist. However, the defendant had no intention to perform these services and utilized the money for defendant's personal purposes not intended or authorized by the contract. The Complaint alleged promissory fraud, conversion, negligent misrepresentation, promissory estoppel, breach of contract, breach of covenant of good faith and fair dealing, securities fraud in violation of Corp. §§25401 and 22501, securities fraud in violation of Corp. Code §25504, breach of fiduciary duty, unfair business practices (Ca Bus. & Prof. Code §17200, et seq); constructive trust, accounting, and specific performance.
The case was resolved a year and a half after the Complaint was filed after the primary defendant conceded liability and entered a stipulated judgment in the full amount necessary to provide restitution to Pierce Law Group's client.
Pierce Law Group LLP has a long successful history of suing conmen in the entertainment industry. Our lawyers also lecture on how to avoid being taken and help client's spot bad deals before such deals are entered into by the parties. This case is just one more win for the good guys.
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9 Essential COVID-19 Rules For Moviemakers:
A Short Legal Guide
by David Albert Pierce, Esq.
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In the latest edition of MovieMaker Magazine, on newsstands (and online) now, David Albert Pierce discusses the rules producers must follow for production during the pandemic.
The excerpt below is courtesy of MovieMaker Magazine.
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Occupational Safety and Health Administration laws assign employers a general duty to provide a safe and healthful workplace. This is the basis for the need for the adoption of COVID-19 policies by any film productions lucky enough to be moving forward during this pandemic.
While varying jurisdictions and unions may differ in their requirements, I’ve analyzed almost all of the requirements, and they all share a basic framework which compose “COVID-19 Protocols” that all moviemakers must include in their now mandatory COVID-19 policies. And of course, you should always consult medical professionals and an attorney before doing anything you think might be a risk.
9 General Protocols You Need To Follow ON Set
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Appoint a dedicated COVID-19 Compliance Officer to monitor and supervise compliance with the protocols. A small team should work under this person to serve as the Compliance Department. The 1st AD on a film is ultimately responsible for safety on the set, so the 1st AD should coordinate with the Compliance Officer.
- Ensure social distancing measures are followed and maintain a strict closed set. Protocols now exist to divide different areas of film sets into “Zones.” Cast and crew are restricted to the zones that they absolutely must be in to perform their duties. Employees should be prohibited from appearing on set either before or after their scheduled call times, and guests and other non-essential visitors should be prohibited.
To continue reading this article, please click here:
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PIERCE LAW GROUP LLP
SEMINARS & PRESENTATIONS
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The 7th Annual Burbank Comedy Festival runs from August 9 -22, 2020.
This year's festival will run entirely online and features top celebrity headlining comedians, and over 200 of the hottest new talent from around the world.
Past performers have included Adam Carolla, Jeff Garlin, Jimmy Dore, Tom Segura, Christopher Titus, Carol Leifer, Kevin Pollak, and many more.
The Festival also has daily panels, seminars and classes on a wide array of topics that affect the comedy industry.
Pierce Law Group LLP is a proud repeat sponsor of the Burbank Comedy Festival.
The complete list of virtual shows and events can be found here:
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AY CORONA!
LEGAL TIPS FOR HOW A COMEDIANS' CAREER CAN SURVIVE DURING COVID-19
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David Albert Pierce spoke on a panel on Wednesday, August 12th on "Legal Tips For Comedy During COVID" as part of this year's [VIRTUAL] Burbank Comedy Festival.
The webinar focused on: (1) how to stay relevant, generate revenue and pay the rent during a pandemic; (2) COVID Safety Protocols for comedy venues, film & TV Sets and podcasts; (3) Touring issues; (4) Assumption of Risk & Waivers sought by clubs & producers; (5) Protecting your Intellectual Property; (6) Navigating Defamation and the "Cancel Culture" during these trying times, among other topics.
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On July 30th, David Albert Pierce spoke on a webinar panel for the Beverly Hills Chamber of Commerce on "COVID-19 Protocols for Recommencing Film & TV Production."
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On August 21, David Albert Pierce will record a podcast interview as the guest of the Beverly Hills Bar Association Litigator's Corner Podcast. We will inform you when the interview will ultimately be posted online.
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Copyright Office Adopts New Rule
for Bulk Registrations
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The U.S. Copyright Office has issued a final rule creating a new group registration option for "Short Online Literary Works" such as blog entries, social media posts, and short online articles.
Notably, the rule includes a new online registration application for filing up to 50 separate social media postings for one application fee provided all of the posts were written by the same author and no single post can be more than 17,500 words. Furthermore, this registration is not available for "work-made-for-hire" items (those works must still be registered individually and for a separate registration fee for each work made for hire social media registration.
A new Copyright Form GRTX is the proper application to use for registering these new Short Online Literary Works. Registering your posts with the Copyright office provides benefits such as a presumption of validity of your copyright before a judge, statutory damages and recovery of attorney fees in the event of infringement, and most notably, registration is required for filing a copyright infringement case in federal court.
If you're interested in registering your longer social media posts, blog essays, photos, or other short form media that meet the requirements for a copyrightable work, contact contact David Albert Pierce or John Baldivia at Pierce Law Group LLP.
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"A Savannah Hunting"
Congratulations to PLG-LLP Producer clients Matt Imes, Christina DeRosa and Guido Grimaldi on securing financing and co-producing a new thriller titled, "A Savannah Hunting".
The film tells the story of a family who moves to Savannah to escape the memory of their young daughter’s tragic drowning. As the family experiences chilling phenomena at their new home, the mother believes that they are being haunted by their dead daughter.
The movie will be shot at a reputed haunted house located in Savannah, Georgia with principal photography to commence subject to COVID-19 scheduling. Read more about this project here.
Pierce Law Group LLP provided financing legal services for this project.
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Congratulations to PLG-LLP Client Solstice Studios on the scheduled August release date of "Unhinged". Starring Russell Crowe. "Unhinged" tells a "road rage" story of a women who is harassed by a man after she leans on her horn at the wrong time.
The film was to be released in theaters earlier this summer. However, due to the nationwide shut downs of AMC and Regal theaters, the theatrical release of "Unhinged" has been pushed back to August. Stay updated here.
Pierce Law Group LLP provided transactional legal support alongside the in house legal team at Solstice.
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Congratulations to PLG-LLP client Producer Alok Mishra on his horror film "1BR" set for release on Netflix on August 23rd.
"1BR" centers around Sarah, a newcomer to Los Angeles and the dangers she faces when she moves into her charming new apartment. Very quickly Sarah realizes that the new abode is her new nightmare, a way in which the audiences will not expect.
Read more about the great lead performance, series of surprising twists, and great use of sound here. Watch the trailer here.
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Congratulations to PLG-LLP client, JENNIFER TITUS and her writing partner, MARK PROVENCHER, on their script "Art Appreciation" being awarded the distinction of being identified on the "FEATURED SCRIPT LIST" of the prestigious Black List website.
The listing on The Blacklist has led to the project being actively packaged by UTA.
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"Survival Skills"
Congratulations to PLG-LLP Client writer and director Quinn Armstrong on his film, "Survival Skills", on hitting a variety of film festivals across the world. The film tells the story of a cop, Jim, who gets in over his head when attempting to resolve a domestic violence case outside the law.
Catch "Survival Skills" being played at Fantasia, Flicker's Rhode Island Film Festival, Film Quest, and Horrible Imaginings.
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"Fully Realized Humans"
Congratulations to PLG-LLP Client Sean Drummond on producing "Fully Realized Humans" which had its first in person screening at Florida Film Festival on August 8th.
"Fully Realized Humans" tells the story of parents to be Elliot and Jackie who set out on a journey of self-discovery to bead more about the great lead performance, series of surprising twists, and great use of sound here.ecome better parents for their child.
Watch the couple confront their biggest fears as they approach their due date here!
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RECENT DECISIONS RELEVANT TO ENTERTAINMENT LAW
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David Zindel v. Fox Searchlight Pictures, Inc. (9th Cir. Filed 6/22/20) Case #:2:18-cv-01435-PA-KS
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The Ninth Circuit Court of Appeals panel remanded a copyright infringement suit against the makers of the Oscar-winning film "The Shape of Water." In this case, Plaintiff alleges that “The Shape of Water" director Guillermo del Toro, 20th Century Fox Film Corp. and others copied Plaintiff’s 1969 play "Let Me Hear You Whisper."
The panel agreed with Plaintiff’’s argument that expert testimony could show the similarities between the two works and that the district court should not have dismissed the complaint based on the argument that the film was not substantially similar to the play as a matter of law.
Access the full case decision here!
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IMDB.com Inc. v SAG-AFTRA
State government cannot implement a law preventing a news entity from publishing lawful factual information about an actor's age.
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Facts: Due to age discrimination in the entertainment industry, the Screen Actors Guild (“SAG”) sponsored Assembly Bill 1687 (“the Bill”) which restricts certain websites from publishing the birth dates and ages of entertainment industry professionals. The Bill specifically targeted subscription-based services such as IMDb.com Inc. (“IMDb”) by requiring them to remove subscriber’s date of birth and age upon any subscriber’s request. Following its ratification into law in California, IMDb filed a complaint alleging the Bill violated the company’s First Amendment right and the Commerce Clause of the Constitution.
Holding: The Court granted IMDb’s motion for summary judgement on its First Amendment complaint finding the state failed to show the Bill was necessary.
Rule: A statute must: (1) further a compelling government interest and (2) be narrowly tailored towards that interest. Additionally, if a less restrictive alternative would serve that Government interest, the government must use that method. United States v. Playboy Entm't Grp., 529 U.S. 803, 813, 120 S. Ct. 1878, 1886 (2000).
Reasoning: The State did not demonstrate how less restrictive means combatting age discrimination in the entertainment industry were less effective than the Statute and the Statute targeted subscription-based websites such as IMDb, while leaving other means of age discrimination unregulated. Thus, the Court found the Bill was not narrowly tailored and was unconstitutional.
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Looking For Safe Social Distancing
Things to Do?
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THE COMEDY STORE
PATIO IS OPEN!
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Pierce Law Group LLP has served as general counsel for the world famous Comedy Store since 2003. We also represent many of the comedians that grace its stages.
The Comedy Store's patio is open for live streaming of events at 6PM Thursdays through Saturdays and Mondays.
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Slamdance Launches New Platform for Short Films
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Presenting Youtube’s Slamdance Channel: a new way to see the works of short films and their creators. Get ready to experience an array of award winning filmmaking and new films created by alumni every Sunday at 5PM.
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Every Monday our client Tony Hinchcliffe presents "Kill Tony" at the world famous Comedy Store. Listen to the podcast click here!
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Learn about moviemaking with enjoyable analysis & reallife tips about thee business of producing feature films by listening to our client StudioFest's Demystified Podcast click here!
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Enjoy a good laugh listening to comedians battle it out with the most brutal jokes imaginable. Click here for The Roast Battle Podcast!
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Check out the Burbank Comedy Festival's list of virtual shows running from August 9th-22nd click here. Ain't no virus gonna get us down!
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On August 18th, Matt Dillon will be honoring Charles Bukowski's 100th Birthday on the Slamdance Youtube Channel. Click here to join the live discussion on the great American poet and writer whose words still resonate so powerfully today!
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PIERCE LAW GROUP CONTINUES TO BE RECOGNIZED BY INDUSTRY PEERS
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Less than 2% of all licensed California attorney's under 40 years old are awarded the "Rising Stars" honor which recognizes outstanding achievement in the practice of law by those under 40.
Each year, only five percent of the lawyers in the state are selected by the Thomson Reuters research team to be named a "Super Lawyer." Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multi-phase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.
These public acknowledgments are a great honor, but we've always known these guys to be super.
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In 2020, 3 attorneys from Pierce Law Group LLP have been recognized by Lawyers of Distinction: David Albert Pierce, Cassandra Johnson, and John Baldivia
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Don't Forget to Connect With Us on Social Media!
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MDAF Membership is limited to attorneys who've won million dollar verdicts & settlements
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Hey You!
If you haven't already, please take a moment to
complete our 2020 client survey:
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DISCLAIMER
The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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