Entertainment & Sports,
Civil Litigation,
California Courts of Appeal,
Alternative Dispute Resolution
May 14, 2021
Ruling gives attorneys monopoly over talent negotiations
The Court of Appeal’s ruling on this issue gives attorneys a monopoly over the entire process of negotiating — the drafting, reviewing and discussion of agreements with the other side, etc. As leaving this holding in place will have long-standing and broad implications, it seems worthy of the high court’s consideration.
Rick Siegel
Rick is a former personal manager who is often engaged as an expert witness on the history, construction and application of the Talent Agencies Act.
In general, the "rule that, with narrow exceptions, an arbitrator's decision cannot be reviewed for errors of fact or law," only affects the specific litigants. Moncharsh v. Heily Blasi, 3 Cal. 4th 1 (1992).
However, when a Court of Appeal affirms a lower court ruling following Moncharsh, an otherwise private finding can have very public repercussions.
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