Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

19 Entertainment Lawsuit Could Change Management Contracts Forever

Author: Scarinci Hollenbeck, LLC

Date: September 7, 2016

Key Contacts

Back

How the 19 Entertainment Lawsuit could change everything

Just over a year ago, Philip Philips sought to change the way contracts between reality television program participants and their managers are structured with his 19 Entertainment lawsuit. However, the group he sued is working to make sure that it can maintain the power to procure jobs for clients and require them to accept.

19 Entertainment, the producer of “American Idol,” was named in a petition to determine controversy by the singer, who claimed he was manipulated through his contract with the company. The deal required him to sign on to numerous jobs to participate in the long-running singing competition. Philips wasn’t the first former participant to file suit against 19 Entertainment, but he has made significant progress, and now the company is striking back. The string of lawsuits point towards a potential problem with the way production companies negotiate with reality TV participants. Specifically, the issue stems from what managers require talent to do outside of the programs.

Why Philips is petitioning his contract

If reality TV show participants achieve a certain level of fame through their appearances, they can leverage their public images in numerous ways. In a best-case scenario, that typically involves the individuals seeking endorsement and other TV deals. However, sometimes they can’t do this because of the extensive requirements of their contracts. Deals such as the one between 19 Entertainment and Philips may require participants to make appearances outside of programs such as “American Idol.”

“Under the Talent Agencies Act, only an agent can procure work for a client.”

This, Philips claimed, is a violation of certain labor regulations. First, under the Talent Agencies Act, only an agent can procure work for a client. Also, his lawsuit alleged that 19 Entertainment breached its fiduciary duty to Philips by requiring him to work jobs that benefited the company more than him. The production firm’s recently filed complaint seeks to test the singer’s claims. The company alleged that Philips has been avoiding his contractual duties in anticipation of a ruling in his favor, according to The Hollywood Reporter.

Philips’ attorney claimed the company’s complaint is an attempt to sidestep California regulations protecting entertainers from overly burdensome contracts. 19 Entertainment hopes to have the authority to continue requiring Philips to work events required by his contract.

What 19 Entertainment’s lawsuit means for Philips’ crusade

If 19 Entertainment is able to pursue its legal action against Philips and wins the right to require him to make appearances noted in his contract, that outcome could be a victory for management companies in California. This would give these firms the power to procure employment for their clients, similar to the role agents play. In addition, it could alleviate the fiduciary duty Philips claimed exists and give managers more control over what they ask clients to do.

Anyone hoping for a role in reality TV or participating in an ongoing show should review his contracts and determine whether his manager is overstepping the boundaries of the Talent Agencies Act and complying with its fiduciary duty. That may not be something clients can challenge management on for long if 19 Entertainment comes out of this legal entanglement victorious.

What’s next?

For now, Philips has made significant progress in his fight for more favorable contracts. Whether this tilt goes in favor of Philips or 19 Entertainment remains to be determined, and the outcome can end up having a substantial effect on contracts between managers and their clients.

If you’re reviewing a management contract or would like to discuss the matter further, contact me, Anthony Caruso, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: George McGowan

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!