ATA suspects "all lawsuits" while WGA replaces lawyers and executives – Deadline

The Association of Talented Agents said today that it "is evaluating all legal options" to respond to the WGA's assertion that it has the legal right to replace the authors' lawyers and Licensed agents this week who refuse to sign the contract. new code of conduct for the guild. The ATA has long said that the legislation in place expressly stipulates that only licensed agents – not lawyers and managers – can hire writers.

On Tuesday, the day before the WGA sued the four big agencies for packaging costs, WGA West President David A. Goodman told members that he would continue to encourage members to allow their directors lawyers offer them a job, and that the guild pick up the tab if legal disputes arise.

ATA Executive Director Karen Stuart described the WGA's position as "shocking and disturbing".

"The laws in question were promulgated decades ago and have always provided important protection for artists, requiring that those representing them meet minimum requirements and submit to state regulation," he said. she told her member agencies today. "That WGA leaders are now trying to deny this protection to its own members and literally pay third parties to violate a law that has been protecting writers for 80 years" should be of concern to anyone who thinks unions need to act in the past. interest of the citizens. their members.

"We are evaluating all legal options to combat this illegal behavior. We ask you, to the extent that you are aware of the officials and lawyers who subscribe to the WGA's request to find and negotiate a job in violation of the law, to follow this information and the names of those who participate in it. unfair competition, and provide this information. information to ATA lawyers. "

In stating that the ATA "trusts our position," Stuart also said, "The law is clear.As the California Attorney, Marvin Putnam of Latham & Watkins, the ATA attorney , explained in a letter last week, many decisions have been made, which states that no one other than a licensed talent agent – neither a manager nor a lawyer – can get jobs for the account of an artist.

"It is important to note that the" public market "in this situation includes all negotiations on behalf of an artist. The labor commissioner defines public procurement as "any active participation in a communication with a potential buyer of the services of the artist to obtain a job for the artist, regardless of the creator of the communication".

This, she said, "is the case even if the talent initially contacts the employer personally and negotiates part of the transaction itself."

Stuart said the ATA had heard that "some employers might try to get around this problem by adopting contractual wording that officials and lawyers do not offer" procurement "services. They should be aware that there is a legal authority that a manager or lawyer can be appealed in the case of an illegal purchase, even if a contract explicitly states that the manager or lawyer will not "pass the market". Doughty v. Hess, the California Labor Board determined that a lawyer, who was a talent officer, engaged in illicit procurement when negotiating compensation for his client and discussing potential projects with production companies. The Commissioner reached this conclusion even though the lawyer and the artist had entered into a contract expressly stating that the lawyer would not "find" any employment.

"In addition, the WGA's suggestion that leaders, lawyers or others would be subject to" antitrust "liability for making individual decisions to comply with the law is patently false. Antitrust laws, in general, prevent illicit combinations and concerted trade restriction activities. This does not prevent and can not prevent managers and employees from taking individual steps to comply with legal mandates.

"The WGA management letter is just their latest tactic to defy the established law and take untapped power at the expense not only of the agents, but also of their members and other stakeholders in the industry. As many of you may remember, last month, Carol Lombardini of AMPTP sent a letter to WGA leaders refusing their request to take action that allegedly violated federal antitrust and anti-trust laws. job ".