Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: September 15, 2015
The Firm
201-896-4100 info@sh-law.comU.S. District Judge Richard Berman recently vacated NFL Commissioner Roger Goodell’s decision, as an arbitrator, to uphold the four-game suspension of the New England Patriot’s Tom Brady due to what he considered a faulty arbitration process. This decision won’t only affect the way the league and its players interact, it could also change the way arbitration processes work in entertainment.
Some talent-side litigators in Hollywood consider arbitration processes between their clients – directors, writers and actors among others – to be biased toward studios, the Hollywood Reporter explained. This is because the arbitration outfit that often oversees legal disputes in the entertainment business, JAMS, is generally assumed to prefer the studios over the individuals they employ. The for-profit organization is mysterious in that many of the details on cases it helps to work out aren’t exactly public, and there are many of these disputes.
The issue is, like Berman’s ruling that Goodell’s arbitration process was faulty, so too do many believe that JAMS’ own efforts to resolve cases may have problems, due to the fact that the organization may be anxious about losing business from Hollywood studios. Additionally, talent, the media outlet reported, generally has little influence in negotiating arbitration provisions. These factors combine to cost the actors, directors, writers and others millions of dollars annually.
“Every studio requires arbitration,” Neville Johnson, an anti-JAMS attorney, explained to the Hollywood Reporter. “It’s a stacked deck. You can’t win … Generally, there are only three ways to overturn an arbitration ruling. [The arbitrator] has to be drunk, bribed or he won’t let in relevant evidence.”
Johnson went on to call Berman’s decision and its potential subsequent effect on all sorts of future arbitration processes “one of the big issues in the coming century.”
Going back to Deflategate for a moment, Berman didn’t decide that Tom Brady was not “generally aware” of the fact the footballs he was using were underinflated against league regulations, simply that Goodell’s decision to uphold his suspension was flawed. Leading up to the case between Brady and the league over the arbitration decision, there was the contention that Brady may lose due to the fact that judges often defer to arbitrators’ decisions. This, however, could not have been more wrong as evidenced by Berman’s thorough undressing of Goodell’s arbitration process. It indicated that just as much as the arbitrator’s final decision matters, so does the process.
Berman’s decision is likely to give talent-side litigators a confidence boost in future arbitration processes, The Hollywood Reporter noted. If the way JAMS approaches cases is faulty in ways similar to the way that Goodell handled the arbitration between the league and Brady, then the precedent set by Berman could begin to tilt the odds away from studios and back toward neutrality. Then actors, directors, writers, talent-side litigators and everyone else who may have disputes with studios have Brady and Berman to thank.
If you believe you may be involved in a flawed arbitration process, contact a lawyer with knowledge of entertainment law to determine how to shift the scale back in your favor
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!