Bada Bing! The Sopranos Beat the Rap
     « Back That Azz Up | Main | Evel Knievel Is Not A Pimp »

Die hard fans of The Sopranos will surely enjoy Baer v. Chase, a dispute in the Third Circuit between David Chase, creator of the hit series, and Robert Baer, an attorney who purportedly contributed ideas to Chase during the show's initial development.

The trail of events leading up to the lawsuit is well-worn: A producer meets with a person who has knowledge of a certain area; Ideas are exchanged; Follow up calls, meetings and letters transpire; An oblique verbal assurance of compensation is uttered; Nothing is put in writing; The show is produced and becomes a huge success; The contributor now wants to get paid.

Unlike many half-baked "He stole my idea" claims, however, this case contains concrete evidence of plaintiff's contribution. For example, Baer put Chase in touch with several good fellas who "told true and sometimes personal stories involving loan sharking, a power struggle with two uncles involving a family business, and two individuals, Big Pussy and Little Pussy." These facts (which exist in the public record) bear a striking resemblance to Sopranos characters Uncle Junior and Pussy Bonpensiero. Seriously, what writer could've thought up a mobster named "Pussy"?

Central to Baer's breach of contract claims is proving the existence of an actual compensation agreement. Siding with the defense, the Court found there was neither an express oral contract, nor an implied-in-fact contract stemming from Baer's interaction with Chase. Crucial terms, such as price and length of relationship, were simply too vague to support contract formation. Plaitiff's misappropriation claim was also denied, as none of the ideas presented to Chase were "novel" as the law requires.

Though most of Baer's appeal took a beating, he does have one last chance to recover. The Third Circuit preserved his equitable claim of quantum meruit, which asserts that a quasi-contract was formed when Baer rendered services of value to Chase's project. On remand to the U.S. District Court of New Jersey (presided by the Honorable Judge Pisano!), plaintiff may be able to recover some consideration for his script critique and idea contributions, if certain procedural requirements are met.

Oddly enough, the dispute between Baer and Chase seems to have provided fodder for a Second Season Sopranos episode entitled "D-Girl." In D episode, Christopher Moltisanti (Michael Imperioli), a young wiseguy/aspiring screenwriter, befriends a film producer and his female script assistant. Eager to impress the Hollywood pair, Christopher takes them on an insider's tour of Jersey and shares first-hand stories of mafia activity. By the end of the hour, the unscrupulous producer has used Christopher's stories and ideas in his own work, without reciprocation. An angry Christopher has just learned his first lesson in Hollywood ethics. Sound familiar?

Baer v. Chase is not the first legal incident to spring from the award winning show. The Sopranos has no shortage of lawsuits or lawyers. In March of 2003, James Gandolfini (Tony Soprano) filed a complaint against HBO seeking to break his existing contract with the show. That suit was ultimately withdrawn by Gandolfini's attorney Martin Singer when HBO agreed to renegotiate the Boss' salary. As for lawyers connected to the show, Lloyd Braun, a former entertainment law practitioner, is reported to have "developed the concept for HBO's Emmy Award-winning drama." Incidentally, Braun was recently hired by Yahoo! to head its media and entertainment division.

Lawyers are not traditionally thought of as innovators of creative entertainment. This case suggests otherwise. It also suggests that lawyers entering the exciting world of showbiz should keep their legal wits about them. And never forget the golden rule: Get Everything In Writing.

Posted by AZ at December 22, 2004 11:07 AM