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Former BET General Counsel Plays Role in Actress's Lawsuit
The longtime general counsel of Black Entertainment Television (BET) has a starring role in actress Gabrielle Union's contract case against the network. In a 17-page complaint filed in Los Angeles Superior Court, Union alleges she was duped into working on more episodes of her BET Networks show Being Mary Jane — without a break between seasons four and five to allow her time to continue to pursue her film career between the TV production schedule. “It is outrageous that BET would treat one of its biggest stars in this manner after all she has done to support the network and contribute to its success,” the lawsuit states. Union v. Black Entertainment Television LLC, SC126543.
Union's contract with BET, a division of Viacom Inc., includes a provision stating that it can produce a maximum of 26 episodes of Being Mary Jane per season. According to Union's complaint, Darrell Walker, BET's former top lawyer, told her that this clause could not be modified, but assured her she would do just 13 episodes per season because BET couldn't afford to do more than that and has never done so in its history.
The lawsuit goes on to allege how BET later decided to shoot back-to-back seasons with 10 episodes each, making for a filming schedule for 20 episodes in a row. Or, as the lawsuit puts it, to “cram all of the episodes into a single season in order to fraudulently extend the term of Ms. Union's contract, with no additional consideration.”
Despite insisting that the provision about episodes per season could not be modified, Walker agreed to other modifications of Union's contract, the lawsuit alleges. For instance, BET agreed to an unusual requirement that “a BET executive be physically present on the set during taping of episodes of the series,” the complaint states.
BET responded to Union's lawsuit in a statement that said: “While we hold Gabrielle Union in the highest esteem, we feel strongly that we are contractually well within our rights and are committed to reaching a swift and positive resolution in this matter.”
Union's complaint also reveals that Walker has not been a full-time employee since June. Since then, Walker has been coming only to act as the “executive on set” to fulfill that portion of the contractual obligations for Union, she alleges. The purpose of this arrangement was to ensure that an executive with “intimate knowledge of the issues that have occurred” could dialogue with Union on behalf of BET, Union states.
The lawsuit goes on to claim that Walker conceded that what BET is trying to do is wrong but “that he no longer has any authority to act on behalf of BET to resolve the situation.”
Requests for comment to Walker and to other BET company representatives, including Viacom GC Michael Fricklas, went unreturned. But BET confirmed in an email that Walker is no longer with the company. There was no announcement of a new hire to fill his spot.
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Stephanie Forshee writes for our ALM sibling Corporate Counsel. She can be reached at [email protected].
The longtime general counsel of
Union's contract with BET, a division of
The lawsuit goes on to allege how BET later decided to shoot back-to-back seasons with 10 episodes each, making for a filming schedule for 20 episodes in a row. Or, as the lawsuit puts it, to “cram all of the episodes into a single season in order to fraudulently extend the term of Ms. Union's contract, with no additional consideration.”
Despite insisting that the provision about episodes per season could not be modified, Walker agreed to other modifications of Union's contract, the lawsuit alleges. For instance, BET agreed to an unusual requirement that “a BET executive be physically present on the set during taping of episodes of the series,” the complaint states.
BET responded to Union's lawsuit in a statement that said: “While we hold Gabrielle Union in the highest esteem, we feel strongly that we are contractually well within our rights and are committed to reaching a swift and positive resolution in this matter.”
Union's complaint also reveals that Walker has not been a full-time employee since June. Since then, Walker has been coming only to act as the “executive on set” to fulfill that portion of the contractual obligations for Union, she alleges. The purpose of this arrangement was to ensure that an executive with “intimate knowledge of the issues that have occurred” could dialogue with Union on behalf of BET, Union states.
The lawsuit goes on to claim that Walker conceded that what BET is trying to do is wrong but “that he no longer has any authority to act on behalf of BET to resolve the situation.”
Requests for comment to Walker and to other BET company representatives, including Viacom GC Michael Fricklas, went unreturned. But BET confirmed in an email that Walker is no longer with the company. There was no announcement of a new hire to fill his spot.
*****
Stephanie Forshee writes for our ALM sibling Corporate Counsel. She can be reached at [email protected].
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