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October 29th, 2022
How Brands Split With Celebrity Partners
Advertising Partner Christopher R. Chase is quoted in the article, “How Brands Split With Celebrity Partners” published by The Wall Street Journal. The article discusses the sometimes complicated process of a company separating from a famous business partner in light of Adidas ending its partnership with Kanye West after his anti-Semitic comments. Christopher is quoted saying, “Marketers that have made their decision can often quietly terminate a contract if it is relatively basic, such as those requiring a celebrity to appear at an event or letting brands use someone’s name and likeness for promotional purposes. But cases in which celebrities help design products that bear their names and may even own some equity in the company are more difficult to resolve.” Christopher adds, “If the talent retains some ownership, then you have to stop making the product entirely instead of just taking their name off. This is literally shutting down the factory to some extent.”
Brands rely on morals clauses, which give them the right to terminate a contract when a spokesperson behaves in ways that could be perceived as damaging to the client’s reputation. “The offensive behaviors may be specific to the company in question; alcohol brands commonly include contractual clauses forbidding D.U.I. arrests or drunk and disorderly behavior among their representatives,” said Christopher. He adds, “At the same time, vaguely worded morals clauses can lead to costly and potentially damaging litigation as lawyers argue over whether a spokesperson’s behavior constitutes a violation. While a brand may wish to terminate a contract if a spokesperson’s behavior isn’t to its liking, the celebrity’s legal team often argues that the language should apply only to much more specific violations, such as an arrest.”
Christopher says, “Brands may also try to hedge against potential monetary losses with liquidated damages clauses, which require the spokesperson to repay a certain amount to the company as compensation for failing to fulfill the contract. But these sorts of clauses aren’t particularly common, because language defining the sorts of offenses that justify such action must be very specific to be considered seriously by the courts. Brands should also carefully gauge the risk when they consider signing a spokesperson with a history of erratic or offensive behavior, especially if the person will play an outsize role in their marketing efforts. And that is not just because such behavior could occur again. A brand might struggle to justify canceling a contract over new behavior when a celebrity’s legal team can point to similar instances that predate the deal. He concludes by saying, “Talent lawyers have said, ‘Listen, you’re hiring her because she’s a little out there, so I’m not going to let you terminate because she does something that’s a little out there.’”
Read the full article here.
Other Quoted
In Suits and Ties, Lawyers Protest Trump’s Attacks on the Legal System
The New York Times quotes Ronald C. Minkoff in its coverage of the May 1, 2025 National Law Day of Action, in which approximately 1,500 people in Manhattan protested the U.S. president’s threats against judges, lawyers and the rule of law. Legal groups organized attorneys across the country to show their opposition to the Trump administration’s defiance of court orders, targeting of law firms, and wrongful deportations. The lawyers reaffirmed their promise to uphold the rule of law and recited the Pledge of Allegiance. Foley Square protest organizers requested that attorneys dress in suits—as if going to court and carry pocket Constitutions. “‘We want people to see that we treat this issue with utmost respect,’ said Ronald C. Minkoff, a defense lawyer and an organizer. ‘This is like the courtroom to us.’” View Article
May 1 2025
Attys Join Nationwide ‘Day Of Action’ Rallies For Rule Of Law
Law360 quotes Ronald C. Minkoff on the thousands of attorneys who rallied across the country on May 1, National Law Day, to publicly oppose the Trump administration’s attack on the rule of law. The article stated, “New York County Lawyers Association vice president and noted legal ethics expert Ron Minkoff of Frankfurt Kurnit Klein & Selz, PC, said the rallies came together fairly organically as bar associations across the country began looking at ways to spotlight the Trump administrations actions against judges and lawyers and then realized National Law Day of Action was just a few weeks away.” Mr. Minkoff stated that he doesn’t normally go to demonstrations but these are things that stir him to action. “’When the ability of lawyers to represent their clients is under threat, that is an attack on one of the pillars of the American system, the American experiment,’ he added.” View article. (Behind paywall)
May 1 2025
Jonah Brill and Spouse Emma Brill Featured on Cardozo Law School Podcast
Jonah Brill and his wife Emma Brill are interviewed on their alma mater’s audio publication SPARKS: A Cardozo School of Law Podcast | Cardozo Law. Having met as first-year law students at the Benjamin N. Cardozo School of Law, they discuss how their law school affected their personal lives and chosen career paths. They share their class recommendations, “insights into the complexities of tax law,” and “lessons learned along the way.” Listen here.
April 8 2025