Michael Kassan’s $125 Million Defamation Lawsuit Against UTA Attorney Bryan Freedman Is Dead; The former MediaLink CEO’s contract dispute with the agency goes to arbitration – update

UPDATE, MAY 21, 16:58: It’s official and over, at least for now

Los Angeles Superior Court Judge Daniel S. Murphy has entered a final preliminary ruling in Michael Kassan’s $125 million defamation case. Relying on California’s anti-SLAPP statutes, Judge Murphy dismissed former MediaLink CEO’s lawsuit against UTA outside counsel Bryan Freedman for calling Kassan a “pathological liar” on Deadline in March.

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“No reasonable finding of fact could construe Freedman’s statement about Kassan as anything other than an unimpeachable statement of opinion,” the judge said in his final ruling, which was unchanged from his initial ruling on the morning of May 20. “Therefore, Kassan’s defamation claims fail as a matter of law and have no prospect of success.”

None of this was much of a surprise today. By the end of yesterday’s DTLA hearing, it was quite clear that dismissal was exactly what the judge had planned and now he has done.

EARLIER, MAY 20, 21:02: Former MediaLink CEO Michael Kassan had one of those weeks where you lose one week and win the next.

Following Los Angeles Superior Court Judge Kerry Bensinger’s May 16 ruling, which took into account Kassan’s desire to see the fallout from his sudden and chaotic departure from UTA in March and to move a significant non-compete clause behind closed doors to arbitration, things were looking up for managing director heading to publicly announced his return to his comfort zone during June’s Cannes Lions International Festival of Creativity. Yes, the agency may still pursue certain claims later after the arbitration ends and the stay is lifted, but the court’s schedule says that won’t happen until at least November 15.

Things were going well for smooth operator Kassan until another LASC judge decided today to tentatively close the former CEO’s $125 million defamation case against cautious Hollywood lawyer Bryan Freedman.

On March 25, UTA’s outside attorney, Freedman, told Deadline (actually me, to be specific) that Kassan was a “pathological liar.” Reflecting the exact dollar amount for which UTA purchased strategy consulting firm MediaLink in late 2021, four days later Kassan, in his pointy suit, took a swipe at Freedman for the joke. Kassan’s Michelman & Robinson, LLP legal team described the Freedman Taitelman + Cooley partner’s remark as “gross character assassination.”

While no final ruling has been issued yet, Judge Daniel S. Murphy made it quite clear in an opening statement released this morning that he believed Freedman was within his legal ability under California’s anti-SLAPP law to say what he did he said bluntly in the spring.

Noting the days of legal and public salvos between the former partners, Judge Murphy noted that Freedman’s description of Kassan as a “pathological liar” “arose in the context of a highly publicized, controversial dispute between Kassan and UTA, involving allegations from both sides.” He added that “context is crucial to the overall circumstances test because it shows that the statement was made in an adversarial and heated atmosphere in which participants were expected to use epithets and hyperbole that the average reader would not accept as fact. “

In fact, referring to a March 25 “Deadline” segment, the judge notes, “the article shows that Kassan himself also accuses UTA of lying” and that “courts have held that accusations like calling someone a ‘liar’ are not actionable.” “

During Monday’s hearing in the case and preliminary findings, Kassan’s attorney, Mona Hanna, told Judge Murphy that she “cannot imagine any scenario in which a lawyer could defame a party to an active lawsuit that would be more egregious than this example.” Asking the judge to reconsider her initial proposal, she continued to argue: “This would essentially amount to granting absolute immunity to a lawyer representing a party to say whatever he wants about the opposing party.”

Neither UTA nor Kassan representatives commented on today’s hearing or Judge Murphy’s preliminary findings. If and when they do, this post will be updated.

The Supreme Court Building in Los Angeles

But when it came to last week’s arbitration award issued by Judge Bensinger, both sides waved the flag of victory.

“We are focused on supporting the great work MediaLink continues to do for its customers and unlocking new opportunities together,” a UTA spokesperson told Deadline today. “We continue to investigate this matter through legal channels and are confident that the facts will prevail,” added the agency led by Jeremey Zimmer.

“UTA breached its own arbitration agreement, just as it breached Michael Kassan’s,” Kassan’s lead attorney, Sanford Michelman, said in the wake of Judge Bensinger’s decision. “Kassan waived severance pay that gives him the right to compete, and UTA’s attempt to publicly harm him with these frivolous accusations has failed.”

Regardless of whether Kassan unveils the new banner in the south of France or not, UTA appointed a new MediaLink leadership team in mid-April. Donna Sharp, Andrea Kerr Redniss and Lena Petersen ae lead the company’s marketing consulting practice, while Christopher Vollmer, Devrie DeMarco and Mark Wagman lead its media and technology strategic consulting practice.

Last week, several new MediaLink executives were named UTA partners.

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