The tale of alleged sex abuse in "Leaving Neverland" was just the beginning... HBO made waves back in March with Leaving Neverland, the tale of two individuals who allege suffering child sex abuse at the hands of Michael Jackson, and as the documentary competes for Emmy Awards at a ceremony on Sept. 22, a legal dispute has taken on a life of its own with important issues now before a California federal judge. The first thing to recognize about the lawsuit filed on Feb. 21 by the Michael Jackson Estate is that it was quite atypical from the get-go and has only grown more curious in the months since. But the case also could represent a harbinger of what's to come given the rise of #metoo, the prevalence of arbitration in corporate America and the way in which federal courts are sometimes wrestling with procedure in First Amendment disputes. Those who run the late pop star's business affairs believe Leaving Neverland unfairly tarnished Michael Jackson's legacy, and to litigate the issue they are seizing upon a 1992 contract that provided the pay network with rights to air a televised concert following the release of Jackson's album Dangerous. That more than quarter-century-old agreement also included a non-disparagement clause as well as an arbitration provision, which to borrow the assessment of HBO's lawyer, has the potential to become "a perpetual platform to police HBO's speech." When it comes to figuring out whether or not arbitration agreements govern a dispute, and whether a judge or arbitrator gets to decide jurisdiction, the Michael Jackson Estate and HBO are certainly not the first to battle over such a topic. Rather, what makes this situation particularly unique is the manner in which the Leaving Neverland case has journeyed, beginning from the way that the Michael Jackson Estate attempted to compel arbitration. Usually when someone wants arbitration, they privately submit a demand before an alternative dispute resolution forum like JAMS or the American Arbitration Association. Resistance from the other side may mean going to court to force compliance with an arbitration agreement. In this instance, the Michael Jackson Estate wanted to make as much noise as possible as HBO prepared to broadcast Leaving Neverland. So days before the documentary aired, a petition in public court was filed that aimed to get HBO into arbitration. But notably, the court filing became a PR weapon against the documentary. Although the Michael Jackson Estate needn't have gone so far, the petition included substantial detail about the claims that would be brought once the two sides were engaged in arbitration. In many ways, the petition resembled the kind of complaint one sees at the beginning of a lawsuit in open court. But again, the Michael Jackson Estate really was just asking a judge to compel arbitration, not resolve whether HBO had breached the 1992 contract. To make this situation even odder, a lawyer for the Michael Jackson Estate was telling the pr
Could the Bizarre Legal Fight Over HBO's Michael Jackson Doc Wind Up at the Supreme Court?
The tale of alleged sex abuse in "Leaving Neverland" was just the beginning... HBO made waves back in March with Leaving Neverland, the tale of two individuals who allege suffering child sex abuse at the hands of Michael Jackson, and as the documentary competes for Emmy Awards at a ceremony on Sept. 22, a legal dispute has taken on a life of its own with important issues now before a California federal judge. The first thing to recognize about the lawsuit filed on Feb. 21 by the Michael Jackson Estate is that it was quite atypical from the get-go and has only grown more curious in the months since. But the case also could represent a harbinger of what's to come given the rise of #metoo, the prevalence of arbitration in corporate America and the way in which federal courts are sometimes wrestling with procedure in First Amendment disputes. Those who run the late pop star's business affairs believe Leaving Neverland unfairly tarnished Michael Jackson's legacy, and to litigate the issue they are seizing upon a 1992 contract that provided the pay network with rights to air a televised concert following the release of Jackson's album Dangerous. That more than quarter-century-old agreement also included a non-disparagement clause as well as an arbitration provision, which to borrow the assessment of HBO's lawyer, has the potential to become "a perpetual platform to police HBO's speech." When it comes to figuring out whether or not arbitration agreements govern a dispute, and whether a judge or arbitrator gets to decide jurisdiction, the Michael Jackson Estate and HBO are certainly not the first to battle over such a topic. Rather, what makes this situation particularly unique is the manner in which the Leaving Neverland case has journeyed, beginning from the way that the Michael Jackson Estate attempted to compel arbitration. Usually when someone wants arbitration, they privately submit a demand before an alternative dispute resolution forum like JAMS or the American Arbitration Association. Resistance from the other side may mean going to court to force compliance with an arbitration agreement. In this instance, the Michael Jackson Estate wanted to make as much noise as possible as HBO prepared to broadcast Leaving Neverland. So days before the documentary aired, a petition in public court was filed that aimed to get HBO into arbitration. But notably, the court filing became a PR weapon against the documentary. Although the Michael Jackson Estate needn't have gone so far, the petition included substantial detail about the claims that would be brought once the two sides were engaged in arbitration. In many ways, the petition resembled the kind of complaint one sees at the beginning of a lawsuit in open court. But again, the Michael Jackson Estate really was just asking a judge to compel arbitration, not resolve whether HBO had breached the 1992 contract. To make this situation even odder, a lawyer for the Michael Jackson Estate was telling the pr
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