Earlier this month, actress Blake Lively accused her Seraph of the End co-star and producer Justin Baldoni and his team of launching a campaign to “smear” her in the press over reports of sexual harassment on set. When she made her explosive accusations public, she said: Gathering strong evidence: her opponents’ own words.
A volley of text messages that Lively submitted to the California Department of Civil Rights show Baldoni, his production company, and two publicists affiliated with the company, dodging reports of Lively’s dissatisfaction with Baldoni. It was shown that he was planning, among other things, “social manipulation” to protect his reputation.
“The most important thing is that all of this becomes untraceable,” Melissa Nathan, one of the crisis spokespeople, said in a text message.
Justin Baldoni, pictured at a 2023 screening, has denied the smear campaign against his It Ends With Us co-star Blake Lively.
(Evan Agostini/Invision)
The text messages, filled with bravado, boasts and intrigue, fueled a scandal that rocked the entertainment industry and spotlighted the ruthless underbelly of Hollywood’s publicity machine.
Baldoni’s lawyer Brian Friedman denies the existence of a smear campaign, saying “selected communications” show that internal planning for a crisis scenario for the film, which grossed more than $350 million, was in place. He said that it shows. Friedman said the scheme came about after Lively “enlisted her agents to plant negative and completely fabricated false stories in the media.”
Amidst the damaging revelations, one question stands out. How did Lively and her team obtain the candid private conversations of Baldoni’s public relations team?
Part of the answer points to the intertwining of individuals and companies involved in this controversy, as well as the intertwining of legal and public relations strategies.
“I’ve never seen a lawsuit like this,” said Neville Johnson, a veteran entertainment litigator who has represented actors, musicians and other artists for nearly 50 years. Johnson, who called this a “modern legal war,” was surprised on two fronts. One is the extent to which publicists allegedly went to protect Mr. Baldoni, and the other is the extent to which Mr. Lively’s team obtained so many powerful text messages before filing the California civil rights lawsuit. That’s what I was doing. “The biggest battle we face these days is getting evidence from the other side.”
Lively’s lawyers have been cautious about the source of the text messages. A footnote to her complaint states that the messages, including a 22-page text summary filed with the complaint, were provided through “legal process, including a civil subpoena.” Some messages have been edited or the sender and recipient’s names have been omitted.
But Stephanie Jones, founder of JonesWorks (a public relations firm that has represented Tom Brady, Jeff Bezos, and until recently Baldoni and his production company Wayfarer Studios), filed a lawsuit in December. In effect, he claimed that he was the source of the damaging communication. twenty four.
Jones appears to have been aware of the alleged smear campaign against Lively, as Jones Works was Baldoni and his company’s advertising agency. But Mr Jones has denied any involvement, claiming that his former subordinate Jennifer Abel and others close to Mr Baldoni cooked up the scheme as part of a broader “conspiracy” that also included launching a rival advertising company. There is.
Jones alleges in the lawsuit that Abel attacked Jones Works, stole the company’s customers, orchestrated a “media smear campaign” against Lively, and then “publicly blamed Jones for this smear campaign.” ” and accused them of “collusion.”
In addition to suing Mr. Abel, Mr. Jones also sued Mr. Baldoni and Mr. Nathan. Nathan is a crisis communications specialist whose candid text messages have exploded on social media.
A dizzying array of allegations in Jones’ 52-page lawsuit alleges that after Abel was fired on Aug. 21, Jones “forensically preserved and detailed Abel’s company-issued cell phone.” “We had them inspected,” he said.
“Abel and Nathan’s secret takedown and smear campaign was exposed in black and white on Abel’s company-issued cell phone after his termination,” Jones said in the lawsuit.
Members of Lively’s legal team acknowledged in a statement that the text messages in Lively’s complaint were from Abel’s cell phone and that their content was from a subpoena against Jones Works.
Blake Lively attended the world premiere of “It Ends with Us” held at AMC Lincoln Square in New York on August 6th.
(Evan Agostini/Invision)
When, where and how the subpoena was issued remains a mystery.
“Further details regarding the investigation of Ms. Lively, including any lawful subpoenas, will be disclosed during discovery,” the statement said.
Experts said they were at times baffled and impressed by how Lively was able to obtain the text messages without any litigation. A state civil rights lawsuit filed by her alleges sexual harassment and retaliation and could be a precursor to a lawsuit.
Some states, such as California and New York, allow evidence to be gathered from various parties to learn the facts of a dispute before a lawsuit is filed. But lawyers say this type of pre-litigation discovery rarely occurs in California.
If Lively’s lawyers had taken that route in California, they would have had to know the evidence existed in the first place, petition a judge, and argue that there was a risk that the evidence would be compromised or not preserved. There would have been. A Los Angeles Superior Court spokesperson said the court does not keep records of such petitions.
“I’ve been doing this work for decades and I’ve never seen it done before, but it’s possible,” said Johnson, an entertainment lawyer. As an example, he said, a lawyer might request a subpoena to prevent a car involved in an accident from being dismantled and request an investigation before filing a lawsuit.
James Spertas, a West Los Angeles litigator and former federal prosecutor, said the subpoena was “probably issued in another case and then used in this case.”
For example, the lawyers said a subpoena could have been issued during a private arbitration proceeding. Mr. Lively’s complaint named not only Mr. Baldoni’s production company, but also several other companies and PR professionals involved in “It Ends with Us,” but Mr. Jones and Jonesworks were clearly named. was absent. Jones’ attorney did not respond to an email seeking comment on the subpoena.
Some lawyers argue that the subpoena has the characteristics of a so-called “friendly subpoena,” in which one party is not seeking records from the other party who can use the subpoena as legal cover. I’m guessing. In other words, the record owner may wish to abandon the record, but a subpoena allows the record owner to argue that he or she was forced to comply.
Whatever the origin story, the text has been hand-picked and published by both Jones and Lively, effectively attacking their enemies in one fell swoop.
The text’s power derives from the moment-by-moment recording of how Baldoni and his team discussed Lively. In Baldoni’s strategy document, to which Lively filed the complaint, Baldoni’s public relations team said he “has identified several potential scenarios at play here and should prepare for them.” . [Lively] And her team makes her dissatisfaction public. ”
“He wants to feel like she deserves to be buried,” Abel wrote about Baldoni in a text message.
“We can’t write it down to him. We can’t say we’ll destroy her,” Nathan answered Abel. “We know we can bury anyone. But I can’t write it to him.”
The exact nature of the assistance Nathan and her company, The Agency Group PR, provided to Baldoni and his production company is unclear. The text messages suggest that the publicist pitched negative stories about Lively to friendly news outlets. Lively alleges in the complaint that Nathan enlisted Jed Wallace, formerly of Southern California and now based in Texas, to “arm his digital armies…on social media platforms. “They created content that appeared to be genuine, planted seeds, and had it promoted.” Internet chat forum. ”
Baldoni’s team then provided “fabricated content” to “unsuspecting reporters” and spread negative coverage of Lively and her husband, actor Ryan Reynolds.
A Daily Mail article this summer ran with the headline, “Is Blake Lively set to be canceled?” It said a “difficult to watch” video of Lively leaked online, adding to “the growing backlash against clearly diva-like behavior caught on camera.”
Abel sent a message to Nathan saying, “You really outdid yourself with this piece.”
“That’s why you hired me, right? I’m the best,” Nathan replied.
Blake Lively’s complaint alleges that co-star Justin Baldoni criticized her figure and weight, “constantly hugged and touched members of the cast and crew,” and criticized her for a film about a woman who overcomes domestic violence. He claimed to have inserted “improvised and gratuitous sexual content.”
(Scott A. Garfitt/Invision/Associated Press)
According to Lively’s complaint, Baldoni’s team worked to prevent allegations of inappropriate behavior by Lively from leaking online and to the press. In text messages cited in the complaint, Nathan appears to say that the publication of the personnel complaint stemming from “It Ends With Us” was thwarted by a team effort.
Lively’s suit alleges that Baldoni criticized her body shape and weight, “constantly hugged and touched cast and crew members,” and made “impromptu, gratuitous comments” on a film about a woman who overcomes domestic violence. He claimed that he had inserted “sexual content.”
Lively also said that Baldoni “pressured” her to add nudity to the scene in which her character gives birth, and that the “chaotic” set was exposed to the cast and crew. Baldoni’s production partner, Jamie Heath, showed Lively a video of his wife giving birth naked, which Lively initially thought was pornographic. Baldoni then had his “best friend” play the role of a gynecologist, which he says was “invasive and humiliating.”
According to the suit, Lively began meeting about her allegations after the Hollywood strike and before the cast resumed filming. Other female cast and staff members also reported concerns about working conditions, including sexual harassment. Producers have agreed to put in place safeguards against this practice.
Mr. Baldoni’s representatives have denied any wrongdoing, calling the allegations against him and his team “completely false, outrageous and intentionally despicable.”
In a statement, Friedman said Lively’s “negative publicity” stemmed from “her own statements and actions during the film’s campaign,” as well as “interviews and press activities that were publicly observed in real time and unedited.” and to allow the Internet to generate its own views and opinions.”
Ten years after the raw and candid emails of Sony Pictures executives were hacked and made public, the high-profile case serves as a lasting reminder to be careful what you put in writing. It was given to me.
ABC News recently paid $15 million to settle a lawsuit brought by President-elect Donald Trump alleging that anchor George Stephanopoulos defamed Trump. The settlement talks came after a judge ruled that Stephanopoulos and Trump must appear for depositions and provide emails and text messages.
A lawsuit filed by Dominion Voting Systems against Fox News alleges internal e-mails showing the unvarnished opinions of Tucker Carlson and other Fox personalities regarding President Trump’s false claims that the 2020 election was stolen. Emails and text messages were revealed. “Does management realize how much trust and confidence we’ve lost with our viewers? We’re really playing with fire,” Carlson texted a colleague. .
In the lawsuit between singer Kesha Severt and Lukasz Gottwald, a songwriter and producer known as Dr. Luke, alleging sexual assault, the producer’s harsh comments about the singer’s weight became public during the lawsuit. .
“Keep up her diet. No further replies needed. Thank you!” Gottwald wrote.
The controversy also sparked publicity devised by Severt’s team to amplify her case, incite a “flood of negative media” against Gottwald, fuel the #FreeKesha movement, and secure a more favorable contract arrangement. The plan was also revealed.
Melanie Cherry, associate director of the Public Relations and Advertising Program at the Annenberg School of Communication and Journalism at the University of Southern California, said the Lively incident is “an important example of why public relations professionals and crisis communications teams need to communicate securely with clients and internal teams.” “And do we have to be diligent about keeping it private?” ”
“The role of a public relations person should remain in the background rather than becoming part of the story,” she says.
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