Mailbag: Authors Guild Lawyer Exits Via the Revolving Door
This is in response to three replies to my post to the CNI-COPYRIGHT list, “FREELANCE RIGHTS: Authors Guild Lawyer Exits Via the Revolving Door.” The replies are reproduced below.
Gloria Phares is “more than astonished by the tenor of these remarks.” (And Jessica R. Friedman seconds her comments.) For my part, I am more than astonished that Ms. Phares chose to leap to the defense of former Authors Guild general counsel Kay Murray -- now employed by the Tribune Company -- even though Ms. Phares admits she knows “nothing about the terms of the settlement” Murray helped negotiate before switching sides without even finalizing the settlement. The issue is not whether Murray is a lovely person, but whether her legacy as a lawyer “so sensitive to authors’ issues” might be a tad ... tainted ... by this chain of events, if not by her participation in arguably the worst sellout in the history of writers’ rights, and an egregious abuse of the class-action system to boot. “Attorneys have an obligation under the canons of ethics to avoid even an appearance of impropriety,” one outraged attorney-reader wrote to me. “This really stinks.”
Robert Labossiere questions “what, if any, precious confidential information there might be, especially on the plaintiff side, in this highly visible case.” Well, since Mr. Labossiere is so confident about transparency, I assume he will join the objectors and our attorney in seeking from the court release of the alleged expert report that helped drive the settlement figure of $10-to-$18-million. The plaintiffs have stonewalled our requests for release of this document. Previously the plaintiff associations had publicly estimated the case to be worth between $2.5 billion and $600 billion.
Mr. Labossiere also “kinda wishes” lawyers in the non-profit sector “well that they might actually at some point in their careers start to make a living.” He doesn’t pause to consider whether this was an appropriate point, or whether Kay Murray might have made a more ethical choice for a new employer.
“’On the take’ is inflammatory if not actually libelous”? Please. This was in reference to a corrupt deal between the American Society of Journalists and Authors, and defendant LexisNexis (see http://freelancerights.blogspot.com/2005/06/advocacy-alacarte-why-are.html). The truth happens to be a defense against a libel charge.
Ms. Phares, Ms. Friedman, Mr. Labossiere: The purpose of the Freelance Rights blog is to call attention to all these defects in the settlement and to do something about them before it’s too late. The purpose is not to polish anyone’s application for the Nobel Peace Prize.
+++++
To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
Date: Wed, 10 Aug 2005 17:50:30 -0400
From: "Phares, Gloria C. (x2686)"
Subject: [CNI-(C)] In response to Irvin Muchnick <http://us.f607.mail.yahoo.com/ym/Compose?To=irvmuch@yahoo.com&YY=15265&order=down&sort=date&pos=0&view=a&head=b>
Subject: FREELANCE RIGHTS: Authors Guild Lawyer Exits Via the Revolving Door
"I have confirmed that Kay Murray, general counsel of the Authors Guild and one of the key negotiators and spokespeople for the associational plaintiffs' role in the settlement, has left that job for a position in theNew York office of the Tribune Company.
"As in, owner of the Los Angeles Times, the Chicago Tribune, Newsday, eight other major daily newspapers, and numerous other media properties. Not to mention the Chicago Cubs, who stink again this year.
"What about all the info Guild members have confided in Kay Murray regarding the settlement? Is she bound by attorney-client privilege?
"First we have a mediator, Kenneth Feinberg, who says the settlement is hunky-dory and who just happens to be in line for a "mediation success fee." Then we have an associational plaintiff, the American Society of Journalists and Authors, that's on the take from defendant LexisNexis. Now we have the Authors Guild's settlement point person going on the payroll of the enemycamp even before the settlement is finalized."
Gloria Phares replies:
I am more than astonished by the tenor of these remarks. But since you've posted your views to the whole list, I'm responding to the whole list. I know nothing about the terms of the settlement and have no opinion about it. But I know Kay Murray professionally and personally. Not only is she a lovely person, but she is honorable and will certainly respect the attorney-client privilege. Authors and the Guild have been incredibly well served by her these past nine years, and you should be glad that this publisher will have a lawyer within its ranks who is so sensitive to authors' issues.
-- gcp
Gloria C. Phares
Patterson, Belknap, Webb & Tyler LLP
1133 Avenue of the Americas
New York, N.Y. 10036
(212) 336-2686
(212) 336-7978 (direct fax)
mailto:gcphares@pbwt.comwww.pbwt.comwww.pbwt.com
*****
To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
Date: Wed, 10 Aug 2005 18:10:00 -0400
From: "Jessica R. Friedman"
Subject: [CNI-(C)] Re:
I, too, know Kay Murray, and I second Gloria's response.
Jessica R. Friedman
Attorney at Law
757 Third Avenue
Suite 1903
New York, New York 10017
Phone: 212-220-0900
Fax: 212-973-9101
jrfriedman@litproplaw.com
For more information:
www.literarypropertylaw.com
*****
To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
Date: Wed, 10 Aug 2005 17:50:30 -0400
From: "Robert Labossiere"
Subject: [CNI-(C)] Re: FREELANCE RIGHTS: Authors Guild Lawyer Exits Via the Revolving Doo
ouch
you do nothing for the credibility of your cause with posts like this... lawyers are always bound by solicitor/client priviledge and it is debatablewhat, if any, precious confidential information there might be, especiallyon the plaintiff side, in this highly visible case
+ people move back and forth between the non-profit and for-profit sectorsall the time, indeed one kinda wishes them well that they might actually atsome point in their careers start to make a living ;)
+ and "on the take" is inflamatory if not actually libelous
Gloria Phares is “more than astonished by the tenor of these remarks.” (And Jessica R. Friedman seconds her comments.) For my part, I am more than astonished that Ms. Phares chose to leap to the defense of former Authors Guild general counsel Kay Murray -- now employed by the Tribune Company -- even though Ms. Phares admits she knows “nothing about the terms of the settlement” Murray helped negotiate before switching sides without even finalizing the settlement. The issue is not whether Murray is a lovely person, but whether her legacy as a lawyer “so sensitive to authors’ issues” might be a tad ... tainted ... by this chain of events, if not by her participation in arguably the worst sellout in the history of writers’ rights, and an egregious abuse of the class-action system to boot. “Attorneys have an obligation under the canons of ethics to avoid even an appearance of impropriety,” one outraged attorney-reader wrote to me. “This really stinks.”
Robert Labossiere questions “what, if any, precious confidential information there might be, especially on the plaintiff side, in this highly visible case.” Well, since Mr. Labossiere is so confident about transparency, I assume he will join the objectors and our attorney in seeking from the court release of the alleged expert report that helped drive the settlement figure of $10-to-$18-million. The plaintiffs have stonewalled our requests for release of this document. Previously the plaintiff associations had publicly estimated the case to be worth between $2.5 billion and $600 billion.
Mr. Labossiere also “kinda wishes” lawyers in the non-profit sector “well that they might actually at some point in their careers start to make a living.” He doesn’t pause to consider whether this was an appropriate point, or whether Kay Murray might have made a more ethical choice for a new employer.
“’On the take’ is inflammatory if not actually libelous”? Please. This was in reference to a corrupt deal between the American Society of Journalists and Authors, and defendant LexisNexis (see http://freelancerights.blogspot.com/2005/06/advocacy-alacarte-why-are.html). The truth happens to be a defense against a libel charge.
Ms. Phares, Ms. Friedman, Mr. Labossiere: The purpose of the Freelance Rights blog is to call attention to all these defects in the settlement and to do something about them before it’s too late. The purpose is not to polish anyone’s application for the Nobel Peace Prize.
+++++
To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
Date: Wed, 10 Aug 2005 17:50:30 -0400
From: "Phares, Gloria C. (x2686)"
Subject: [CNI-(C)] In response to Irvin Muchnick <http://us.f607.mail.yahoo.com/ym/Compose?To=irvmuch@yahoo.com&YY=15265&order=down&sort=date&pos=0&view=a&head=b>
Subject: FREELANCE RIGHTS: Authors Guild Lawyer Exits Via the Revolving Door
"I have confirmed that Kay Murray, general counsel of the Authors Guild and one of the key negotiators and spokespeople for the associational plaintiffs' role in the settlement, has left that job for a position in theNew York office of the Tribune Company.
"As in, owner of the Los Angeles Times, the Chicago Tribune, Newsday, eight other major daily newspapers, and numerous other media properties. Not to mention the Chicago Cubs, who stink again this year.
"What about all the info Guild members have confided in Kay Murray regarding the settlement? Is she bound by attorney-client privilege?
"First we have a mediator, Kenneth Feinberg, who says the settlement is hunky-dory and who just happens to be in line for a "mediation success fee." Then we have an associational plaintiff, the American Society of Journalists and Authors, that's on the take from defendant LexisNexis. Now we have the Authors Guild's settlement point person going on the payroll of the enemycamp even before the settlement is finalized."
Gloria Phares replies:
I am more than astonished by the tenor of these remarks. But since you've posted your views to the whole list, I'm responding to the whole list. I know nothing about the terms of the settlement and have no opinion about it. But I know Kay Murray professionally and personally. Not only is she a lovely person, but she is honorable and will certainly respect the attorney-client privilege. Authors and the Guild have been incredibly well served by her these past nine years, and you should be glad that this publisher will have a lawyer within its ranks who is so sensitive to authors' issues.
-- gcp
Gloria C. Phares
Patterson, Belknap, Webb & Tyler LLP
1133 Avenue of the Americas
New York, N.Y. 10036
(212) 336-2686
(212) 336-7978 (direct fax)
mailto:gcphares@pbwt.comwww.pbwt.comwww.pbwt.com
*****
To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
Date: Wed, 10 Aug 2005 18:10:00 -0400
From: "Jessica R. Friedman"
Subject: [CNI-(C)] Re:
I, too, know Kay Murray, and I second Gloria's response.
Jessica R. Friedman
Attorney at Law
757 Third Avenue
Suite 1903
New York, New York 10017
Phone: 212-220-0900
Fax: 212-973-9101
jrfriedman@litproplaw.com
For more information:
www.literarypropertylaw.com
*****
To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
Date: Wed, 10 Aug 2005 17:50:30 -0400
From: "Robert Labossiere"
Subject: [CNI-(C)] Re: FREELANCE RIGHTS: Authors Guild Lawyer Exits Via the Revolving Doo
ouch
you do nothing for the credibility of your cause with posts like this... lawyers are always bound by solicitor/client priviledge and it is debatablewhat, if any, precious confidential information there might be, especiallyon the plaintiff side, in this highly visible case
+ people move back and forth between the non-profit and for-profit sectorsall the time, indeed one kinda wishes them well that they might actually atsome point in their careers start to make a living ;)
+ and "on the take" is inflamatory if not actually libelous
posted by Irv Muchnick at 6:43 AM
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