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Katzenberg settlement typical of Hollywood suits.


Movie executive Jeffrey Katzenberg's $250 million lawsuit against Walt Disney Noun 1. Walt Disney - United States film maker who pioneered animated cartoons and created such characters as Mickey Mouse and Donald Duck; founded Disneyland (1901-1966)
Disney, Walter Elias Disney
 Co. may have captured the imaginations of media-watchers the world over, but for Hollywood's entertainment attorneys, the conflict was nothing more than business as usual.

"There's an old saying that war is diplomacy through alternative means,' " said Daniel J. Coplan, an entertainment litigator lit·i·gate  
v. lit·i·gat·ed, lit·i·gat·ing, lit·i·gates

v.tr.
To contest in legal proceedings.

v.intr.
To engage in legal proceedings.
 with the Pasadena law firm Sheldon & Mak. "In the context of Hollywood, litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 is negotiation through alternative means."

That ethos permeates the entire entertainment industry' food chain, Hollywood lawyers say.

Small vendors routinely sue production companies for not paying their bills; screenwriters This is a list of screenwriters: A–F
  • J. J. Abrams: , Armageddon, Regarding Henry, Alias, Lost, Felicity
  • Woody Allen
  • Jane Arden (film-director): Separation, The Other Side Of The Underneath
 often file intellectual property suits, alleging that their ideas have been stolen by unscrupulous studio execs; and top directors, executives and stars regularly turn to the courts when they believe they are due a greater share of a successful project's profits.

"There is probably a lawsuit filed every day about something that happened somewhere on a movie or a television show," said Coplan, an 11-year veteran of Hollywood's legal trenches.

Indeed, the Eisner-Katzenberg tussle had barely left the front pages when a new conflict made news: Allegations against Dreamworks SKG SKG Stichting Kwaliteit Gevelbouw (Dutch)
SKG Spielberg, Katzenberg,and Geffen (DreamWorks Studios)
SKG Thessaloniki, Greece - Thessaloniki (Airport Code)
SKG Smith and Kraus Global
 of plagiarism Using ideas, plots, text and other intellectual property developed by someone else while claiming it is your original work.  in connection with Steven Spielberg's upcoming release, "Amistad." Ironically, Katzenberg is one of the founders of Dreamworks.

Despite their volume, such suits rarely make it to a jury trial, or to the public eye.

Katzenberg and Disney settled their 19-month-old dispute last week for an undisclosed amount, pulling the plug on a widely anticipated courtroom fight that would have pitted two of Hollywood's most powerful moguls - Katzenberg and Disney chief Michael Eisner Michael Dammann Eisner (born March 7, 1942) was CEO of The Walt Disney Company from September 22, 1984 to September 30, 2005. Early life
Michael Eisner was born to a wealthy family in Mt. Kisco, New York, and raised on Park Avenue in Manhattan.
 - against one another beneath the full glare of the international media.

While that dispute was remarkable for the large amount of money at stake and the lofty stature of the players involved, the nature of the claim itself was fairly common, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 Hollywood litigators.

In his suit, Katzenberg argued that Disney had reneged on a promise to give him 2 percent of the profits of films and television shows put into production or acquired during his 10 years as the studio's top movie executive. That includes such animated hits as "The Lion King" and "Aladdin," both of which generated billions of dollars at the box office as well as in sales of related merchandise.

The settlement reportedly calls for Katzenberg to get a minimum guaranteed sum of money as an advance against the eventual overall payout he will receive, an amount to be decided at an arbitration proceeding.

"That dispute in a lot of ways was a basic contract dispute relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 the terms of compensation," said Jeffrey B. Valle. an attorney in the entertainment division of the law firm Skadden Arps Slate Meagher & Flom LLP LLP - Lower Layer Protocol . "There is nothing precedent-setting about that kind of claim."

While lawsuits are a fact of life. Hollywood is not necessarily any more litigious litigious adj. referring to a person who constantly brings or prolongs legal actions, particularly when the legal maneuvers are unnecessary or unfounded. Such persons often enjoy legal battles, controversy, the courtroom, the spotlight, use the courts to punish  than any other industry, says Patty Glaser, co-head of the litigation department of the Century City law firm Christensen Miller Fink Jacobs Glaser Well & Shapiro.

But there is a key difference between Tinsel Town Tinsel Town was a television drama produced by BBC Scotland. It ran for two series, one in 2000 and the second in 2001. Set in Glasgow it deals with the lifestyles of eight main characters which revolve around the 'Tinsel Town' nightclub in series one (in series two, 'Tinsel  and the rest of the world, Glaser added. In Hollywood, she says. "the stakes are very high. And when the stakes are high, you are going to see people willing to put things on the line."

Glaser, who has a reputation as one of Hollywood's toughest litigators, recently won her own case against Disney - in which she represented a European animator in a contract dispute with the entertainment giant. A judge awarded the animator $10.4 million plus attorney fees, but the legal battle is far from over; Disney is likely to appeal the decision, Glaser said.

But that's an exception, added Glaser, who also successfully represented Mainline mainline Drug slang verb To inject a drug  Pictures in a multi-million dollar dispute with actress Kim Basinger. "Most cases settle," Glaser said. "There is too much at stake."

That was the case with Katzenberg and Eisner. A jury trial would have forced the two moguls to undergo harsh grilling on the witness stand. Eisner likely would have been called upon to reveal Disney's top-secret business practices; Katzenberg, for his part, would have been forced to account for the rocky start experienced by Dreamworks.

In general, Hollywood attorneys agree, successful projects generate more litigation than bombs.

"People wait and see if a film does well before deciding if they're going to make a claim," said Coplan, who in the late 1980s represented a screenwriter who claimed that Universal Studios Inc.'s television division had stolen his idea for the hit television series, "Northern Exposure." Like most such disputes, the case settled out of court.

"Most of the rest of the business world gets the contract signed before they proceed to invest millions of dollars," said Valle. In Hollywood, on the other hand, "it is commonplace to be litigating a case over all kinds of contractual obligations and nothing is signed by anyone."
COPYRIGHT 1997 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Jeffrey Katzenberg's lawsuit against Walt Disney Co.; Hollywood, CA
Author:Kanter, Larry
Publication:Los Angeles Business Journal
Date:Nov 17, 1997
Words:805
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