Tuesday 22 November 2011

Hollywood Managers Back New Appeal Challenging Talent Agencies Act (Exclusive)

TJ ScottRick Siegel's suit of former client Rosa Blasi (pictured) is headed back to the California Supreme Court. Should Hollywood talent managers remain in danger of losing their hard-earned commissions if they are found to have improperly "procured" employment for clients?our editor recommendsHow a Nasty Legal Fight Over 'Deep Throat,' 'Debbie Does Dallas' Was SettledJudge to Set Trial Date in Golden Globes Legal Fight That issue, long one of the most sensitive in the entertainment representation community, is coming to the foreground again in the form of a new appeal by legal crusader Rick Siegel that is finding broad if not overwhelming support within the talent management community. Siegel, as you might recall, is the manager (now former manager--he left the business) whose case against actress Rosa Blasi (Lifetime's Strong Medicine) challenged the Talent Agencies Act, the California law that says only licensed talent agents can "procure" work in the entertainment business. Other representatives, including managers, may only advise clients on their general careers, and if they are caught procuring jobs, their contracts with clients can be voided and commissions disgourged. It's a fairly draconican law, especially since Hollywood has evolved into a business where the expected duties of managers and agents often overlap. Both regularly provide specific career advice and, yes, some help their clients get specific jobs. The TAA is thus sometimes used by talent who simply wish to escape paying commissions to a manager that is no longer wanted. We've seen cases where an actor fires his manager, the manager sues to obtain commissions, and the actor claims a violation of the TAA to void the management contract. Still, the law is clear and is widely known in Hollywood representation circles. In 2008, Siegel's case against Blasi went up to the California Supreme Court, where the court refused to throw out the law or its tough remedies for infractions. He then sued his lawyers at LA's Fox & Spillane firm for malpractice for failing, in his view, to argue some key points during the appeal. Having lost an arbitration against the lawyers, he's now appealing to the state's high court a refusal by the lower court to vacatate the arbitration--and, in the process, he's raising the TAA issues anew. What's interesting now is how a number of prominent management companies have joined the fight, submitting letters to the court or otherwise backing the appeal. The biggest managers in Hollywood -- companies like Anonymous Content, Brillstein, Mosaic and Management 360 -- seem to be absent from the list, but there are a few companies included with considerable clout, such as Luber Roklin, Generate and Thruline, as well as the Talent Managers Association and the National Conference of Personal Managers. (A full list below). "California's Labor Commissioner and courts have erroneously applied the TAA to personal managers in an unfair and disproportionate fashion," says Clinton Ford Billups Jr., president of NCOPM, a trade association of personal managers. "It has resulted in forfeitures of fairly earned contractual fees legitimately earned in commercial commerce." Siegel wants the court to review whether a 1982 revision of the law should be interpreted to take out the tough disgourgement penalties for violations. And he's raising many of the same issues he did before, challenging whether the TAA even applies to managers. Siegel is representing himself. Here's the full list of managers backing the appeal: National Conference of Personal Managers Talent Managers Association 323 Talent Management Group 3G Management AAArtists International abc Management Access L.A. Talent Management Affirmative Entertainment American Talent Management Arc Talent Management Artist International Artist Management Artists-Independent Artistic Enteavors Marilyn Atlas Management Authentic Talent & Literary Management Bayonne Entertainment David Belenzon Management Boo Management & Consulting Barry Bookin Management bROOK fOREST eNTERTAINMENT Robin Brooks Talent Management Brucks Entertainment The Burstein Company CFB Productions CMC Scott Carlson Entertainment Cohen Entertainment Cohen/Thomas Management Cold War Management Contemporary Talent Partners The Coppage Company Corner of the Sky Entertainment The Coronel Group The Covington Group Jim Crabbe DAS Communications DCA Productions Marv Dauer Management Delaney Management DiSante Frank & Company Divine Management Dream Talent Management Dugan & Story Entertainment Elkins Entertainment Envision Entertainment Essential Talent Evans Management Evolution Management Exclusive Talent Management Flashpoint Entertainment Flutie Entertainment Michael Forman Management Forster Entertainment Generate Golan & Blumberg Grade A Entertainment Graduated Productions Grand View Management Joan Green Management Green Key Management Hassman-Fitzgerald Entertainment Joanne Horowitz Management In Momentum Management International Artists PR & Talent Management Inphenate Insight Management and Production JC Management JudyO Productions Justice & Ponder Kass & Sokes Kerner Management Company Kings Highway Entertainment Laffmobb Lapides/Lear Entertainment Holly Lebed Personal Management Lemack & Company Lesher Entertainment Levine Management Levity Entertainment Group Life Management Lighthouse Entertainment Luber Roklin Entertainment Magnet Management (2) The Marshak/Zachary Co. (2) Midwest Talent Management Billy Miller Management Niad Management Eileen O'Farrell Personal Management Open All Nite Entertainment Opus Entertainment Parallel Entertainment Cathy Parker Management Pivot Point Entertainment The Pitt Group Margrit Polak Management Pop Art Entertainment Precision Entertainment Joe Priesnitz Artist Management The Priluck Company Prodigy Talent Group Qualstar Enterprises Quinn Management Rain Management Group Reach For the Stars Red Baron Management Lara Rosenstock Management Jeff Ross Entertainment Heidi Rotbart Management Rothman Patino Andres Entertainment Rugolo Entertainment Sager Entertainment Sages Entertainment Group San Francisco Sound Sanders Armstrong Caserta Management Tom Sawyer Entertainment Schumacher Entertainment Meghan Schumacher Management Seven Summits Pictures and Management Sharyn Talent Management Shelter Entertainment Bill Silva Management Silver Mine Entertainment Simmons and Scott Entertainment Jan Maxwell Smith Talent Manager Susan Smith Mangement Sneak Preview Entertainment Spring Management Stein Entertainment Group Steinberg Talent Management Group The Sterling/Winters Company Studio Talent Group Symmetry Entertainment Third Hill Entertainment Thruline Entertainment Tornado Pictures LLC Trilogy Talent Management True Talent Management Ultimate Talent Group Brad Waisbren Enterprises (2) Wax Entertainment Whitesmith Entertainment Whitaker Entertainment Wendy Winks Yes Dear Entertainment Zero Gravity Entertainment

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