"In the modern age of movie make up, it is disturbing to see poorly done Asian eye prosthetics to make Caucasian men look Asian," the Media Action Network for Asian Americans said.
Cloud Atlas may be artistically ambitious, but it's also racially retrograde, according to a blistering new release from the Media Action Network for Asian Americans.
The new film from Andy and Lana Wachowski and Tom Twyker, based on the 2005 David Mitchell novel, weaves together six storylines, connecting them not only by theme and loose plot strands, but by often using the same actors for multiple roles. As such, in a storyline focused on the year 2144 in South Korea, multiple white male actors are given prosthetic makeup in order to appear Asian.
"Cloud Atlas missed a great opportunity. The Korea story’s protagonist is an Asian man--an action hero who defies the odds and holds off armies of attackers," Guy Aoki, MANAA's founding president, said in a statement. "He’s the one who liberates [a clone played by actress] Doona Bae from her repressive life and encourages her to join the resistance against the government. It would have been a great, stereotype-busting role for an Asian American actor to play, as Asian American men aren’t allowed to be dynamic or heroic very often."
Instead, it is Jim Sturgess who plays that role, while Hugo Weaving and James D'Arcy are also cast as Asian actors. Not only is the MANAA upset about the lack of Asian actors involved, but also at how little they believe was done to transform actors of other races into convincing Asian characters.
Read More: http://www.hollywoodreporter.com/news/cloud-atlas-asian-actors-yellow-face-MANAA-383070
Thursday, October 25, 2012
Legendary Pictures Sues Former Digital Domain CEO Over $3 Million
Andrew H. Walker/Getty Images John Textor
In fact, while the sold assets might be out of bankruptcy, DDMG itself is really just a debtor in possession as the creditors continue to seek what they believe is owed.
One of the creditors is Legendary Pictures, which had the third largest unsecured claim, according to court papers. Legendary, whose credits include The Hangover and The Dark Knight, is owed $3 million --- and shouldn't be expected to just walk away from the debt.
Legendary is now stepping up efforts to collect on the money.
According to the complaint, the insolvency of DDMG represented a default on a $3 million convertible note dated March 19, 2012.
Earlier this month, Legendary demanded payment from Textor, who allegedly hasn't paid.
The reason why Legendary is going after Textor personally is because he acted as a guarantor on the debt.
Last week, DDMG sought a bankruptcy judge's approval to sell other assets, including rights and interests to prospective films including The Legend of Tembo, The Art Project, Birds of a Feather and the The Lightning Catcher. Additionally, DDMG is looking to sell its animation studio in Port St. Lucie, its post-secondary education institute in partnership with Florida State University and its intellectual property assets.
The assets would seem to be a prime target of patent holding companies (often known as "patent trolls"), who might seek to buy them up with the purpose of suing those in the movie industry doing 3D.
The creditors will likely have until Dec. 21 to submit claims. At the time being, this bankruptcy of DDMG has a little more depth than meets the eye.
Read More: http://www.hollywoodreporter.com/thr-esq/legendary-pictures-sues-john-textor-383086
In fact, while the sold assets might be out of bankruptcy, DDMG itself is really just a debtor in possession as the creditors continue to seek what they believe is owed.
One of the creditors is Legendary Pictures, which had the third largest unsecured claim, according to court papers. Legendary, whose credits include The Hangover and The Dark Knight, is owed $3 million --- and shouldn't be expected to just walk away from the debt.
Legendary is now stepping up efforts to collect on the money.
According to the complaint, the insolvency of DDMG represented a default on a $3 million convertible note dated March 19, 2012.
Earlier this month, Legendary demanded payment from Textor, who allegedly hasn't paid.
The reason why Legendary is going after Textor personally is because he acted as a guarantor on the debt.
Last week, DDMG sought a bankruptcy judge's approval to sell other assets, including rights and interests to prospective films including The Legend of Tembo, The Art Project, Birds of a Feather and the The Lightning Catcher. Additionally, DDMG is looking to sell its animation studio in Port St. Lucie, its post-secondary education institute in partnership with Florida State University and its intellectual property assets.
The assets would seem to be a prime target of patent holding companies (often known as "patent trolls"), who might seek to buy them up with the purpose of suing those in the movie industry doing 3D.
The creditors will likely have until Dec. 21 to submit claims. At the time being, this bankruptcy of DDMG has a little more depth than meets the eye.
Read More: http://www.hollywoodreporter.com/thr-esq/legendary-pictures-sues-john-textor-383086
Gerard Butler faced death while filming surfing movie - Not like Annette & Frankie!
The 42-year-old Scottish actor came close to giving his life for his art while playing Frosty Hesson, the real-life mentor of teenage surfing phenom Jay Moriarity, who was the youngest surfer to ride the legendary surf break known as Mavericks in Northern California.
Normally, producers and movie studios are so protective of their stars – because one accident can shut down production and cost hundreds of jobs and millions in lost revenue – that they won't allow actors anywhere near a dangerous situation. That's why Hollywood invented stuntmen.
ORANGE COUNTY REGISTER: I'm not sure if this is true but I have heard that you underwent rigorous training for this movie similar to the training Frankie Avalon and Annette Funicello received for "Beach Blanket Bingo?"
GERARD BUTLER: (A long, awkward, blank stare).
Q. That was a joke, Gerry.
A. (laughing) I thought it was a joke, but you seemed so serious.
Q. That's what made it a good joke.
A. You're right. It was a great joke (laughs again). It was a good start to the interview. Now I know not to take it all so seriously.
Q. I would imagine that as you were being pulled underwater by that giant wave, you wished you were in one of those old "Beach Party" movies where the actors stood in front of a screen and only pretended to be surfing?
A. I wish.
Q. Seriously?
A. Not really. I had such a fascination with what happened to these guys in situations like this. I asked all the surfers who worked on the film about that moment when you are underwater and struggling, and you know you're in trouble. That was one of the things that attracted me to the movie. You appreciate how dangerous and scary it is, and how much training and courage is required by these guys. And then suddenly, it's happening to you.
Q. Which brings me to the question of what the heck you were doing on that wave? Did you forget that you were an actor, and that you are supposed to act?
A. That's a very good question. I was making a movie about Mavericks, and I wanted to go out and see if I could go on a couple of big waves.
Q. Just like that?
A. Well, it wasn't as crazy as it sounds. The week before, we started out gingerly, staying on the side of the waves and watching. We'd get a little closer and closer. On this day, we were shooting me coming out over the waves, and I got a little cocky. You get lulled into a little false sense of security, and then you combine that with this massive set of waves that came in unexpectedly. We happened to be at the wrong place.
Q. Was there no way to get out of the way of the waves by paddling?
A. No, there was no way. Nobody got out of it. I was with three other guys and we all got taken down. They went down better than I did.
Q. What does that mean?
A. The wave crashed down on itself, and I was in the middle of it. I seemed to stay down, even after the other guys came up.
Q. Did you believe you were going to die?
A. I did. I thought I was going to die.
Q. What were your thoughts when you thought you were about to die?
A. So, I'm underwater and I remember that I can't give in to the temptation of breathing in and letting go. It's all you want to do because your lungs are burning and you just want to let go.
Q. How did you get out of it?
A. I finally came up the first time and there was no one there to get me, and then I got hit by the second wave in the set and went down again. Then I came up a second time, and I got hit by the third wave.
Q. While all this was happening, you maintained logical thought and remembered what you had learned?
A. That's what saved me. I was amazed that while I was terrified, I managed to stay relatively calm. I knew this was the moment. I had to hold on. Then, I started thinking that maybe I wouldn't make it. And then I thought that maybe they'd have to revive me on the other side. The guy who filmed that scene had to be revived three times so I knew that was possible.
Q. I'm still shocked why some producer didn't prevent you from doing this?
A. I did the week before. I rode a few. It was one of the most amazing days I've ever had, to have the professional surfers around me congratulate me on doing it.
Q. Is there a difference between regular surfers and big-wave surfers?
A. They're all ultimately surfers, but there is a difference. While there is a craziness to the big-wave surfers, most of the ones I worked with are a little older so they have some wits about them. They may have once been adrenalin junkies, but not anymore. There is a coolness to them. You might see the boasting and the egos among the regular surfers, but these big-wave riders were just plain cool.
Q. Getting back to my original question, I assume you trained more than Frankie and Annette trained for their surfing movies?
A. It was very intense training. When you train for fight scenes in an action movie, there are ways to cheat. In a surfing movie like this, you bloody well have to learn to surf, and that's not easy. And then to learn how to surf big waves is a whole other matter. We trained for about nine months, although I was doing other things during that time, including a press tour for another movie. But I'd keep returning to the water to surf. It was important to make it look real.
Q. Not like Frankie and Annette?
A. Not like Frankie and Annette.
Read More: http://www.ocregister.com/entertainment/surfers-375534-movie-wave.html
Normally, producers and movie studios are so protective of their stars – because one accident can shut down production and cost hundreds of jobs and millions in lost revenue – that they won't allow actors anywhere near a dangerous situation. That's why Hollywood invented stuntmen.
ORANGE COUNTY REGISTER: I'm not sure if this is true but I have heard that you underwent rigorous training for this movie similar to the training Frankie Avalon and Annette Funicello received for "Beach Blanket Bingo?"
GERARD BUTLER: (A long, awkward, blank stare).
Q. That was a joke, Gerry.
A. (laughing) I thought it was a joke, but you seemed so serious.
Q. That's what made it a good joke.
A. You're right. It was a great joke (laughs again). It was a good start to the interview. Now I know not to take it all so seriously.
Q. I would imagine that as you were being pulled underwater by that giant wave, you wished you were in one of those old "Beach Party" movies where the actors stood in front of a screen and only pretended to be surfing?
A. I wish.
Q. Seriously?
A. Not really. I had such a fascination with what happened to these guys in situations like this. I asked all the surfers who worked on the film about that moment when you are underwater and struggling, and you know you're in trouble. That was one of the things that attracted me to the movie. You appreciate how dangerous and scary it is, and how much training and courage is required by these guys. And then suddenly, it's happening to you.
Q. Which brings me to the question of what the heck you were doing on that wave? Did you forget that you were an actor, and that you are supposed to act?
A. That's a very good question. I was making a movie about Mavericks, and I wanted to go out and see if I could go on a couple of big waves.
Q. Just like that?
A. Well, it wasn't as crazy as it sounds. The week before, we started out gingerly, staying on the side of the waves and watching. We'd get a little closer and closer. On this day, we were shooting me coming out over the waves, and I got a little cocky. You get lulled into a little false sense of security, and then you combine that with this massive set of waves that came in unexpectedly. We happened to be at the wrong place.
Q. Was there no way to get out of the way of the waves by paddling?
A. No, there was no way. Nobody got out of it. I was with three other guys and we all got taken down. They went down better than I did.
Q. What does that mean?
A. The wave crashed down on itself, and I was in the middle of it. I seemed to stay down, even after the other guys came up.
Q. Did you believe you were going to die?
A. I did. I thought I was going to die.
Q. What were your thoughts when you thought you were about to die?
A. So, I'm underwater and I remember that I can't give in to the temptation of breathing in and letting go. It's all you want to do because your lungs are burning and you just want to let go.
Q. How did you get out of it?
A. I finally came up the first time and there was no one there to get me, and then I got hit by the second wave in the set and went down again. Then I came up a second time, and I got hit by the third wave.
Q. While all this was happening, you maintained logical thought and remembered what you had learned?
A. That's what saved me. I was amazed that while I was terrified, I managed to stay relatively calm. I knew this was the moment. I had to hold on. Then, I started thinking that maybe I wouldn't make it. And then I thought that maybe they'd have to revive me on the other side. The guy who filmed that scene had to be revived three times so I knew that was possible.
Q. I'm still shocked why some producer didn't prevent you from doing this?
A. I did the week before. I rode a few. It was one of the most amazing days I've ever had, to have the professional surfers around me congratulate me on doing it.
Q. Is there a difference between regular surfers and big-wave surfers?
A. They're all ultimately surfers, but there is a difference. While there is a craziness to the big-wave surfers, most of the ones I worked with are a little older so they have some wits about them. They may have once been adrenalin junkies, but not anymore. There is a coolness to them. You might see the boasting and the egos among the regular surfers, but these big-wave riders were just plain cool.
Q. Getting back to my original question, I assume you trained more than Frankie and Annette trained for their surfing movies?
A. It was very intense training. When you train for fight scenes in an action movie, there are ways to cheat. In a surfing movie like this, you bloody well have to learn to surf, and that's not easy. And then to learn how to surf big waves is a whole other matter. We trained for about nine months, although I was doing other things during that time, including a press tour for another movie. But I'd keep returning to the water to surf. It was important to make it look real.
Q. Not like Frankie and Annette?
A. Not like Frankie and Annette.
Read More: http://www.ocregister.com/entertainment/surfers-375534-movie-wave.html
Sean 'Diddy' Combs hurt in car crash in front of Beverly Hills Hotel in Los Angeles
Accident happened Wednesday afternoon when driver of Diddy's Cadillac Escalade slammed into a Lexus sedan turning left in front of them, police said.
Rapper Sean "Diddy" Combs was in pain after his Cadillac Escalade crashed into another vehicle Wednesday in Los Angeles.
The music mogul's driver slammed into a Lexus sedan that turned left in front of their black SUV in front of the Beverly Hills Hotel on Sunset Blvd., police said.
Read more: http://www.nydailynews.com/entertainment/gossip/sean-diddy-combs-hurt-car-crash-article-1.1191817#ixzz2AK4QFpPw
ABC News wants "pink slime" lawsuit moved to federal court
ABC News sought on Wednesday to move to federal court a meat processor's defamation lawsuit over reports about lean finely textured beef, a product that critics have labeled "pink slime."
Lawyers for the network filed to transfer the case, brought last month by Beef Products Inc, the leading producer of the product, from of a state court in South Dakota and to a federal court in the state.
BPI is seeking $400 million in compensatory damages for lost profit it says was caused by ABC's reports. The damages could be tripled under South Dakota's Agricultural Food Products Disparagement Act. The company is also seeking punitive damages.
Neither Dan Webb, BPI's attorney, nor a company spokesman could be reached for comment on Wednesday.
ABC, a unit of Walt Disney Co, said previously the lawsuit was without merit.
In addition to suing ABC News, South Dakota-based BPI has also sued ABC News anchor Diane Sawyer and two reporters who covered the story, Jim Avila and David Kerley.
Other defendants include Gerald Zirnstein, a former U.S. Department of Agriculture microbiologist credited with coining the term "pink slime" in a 2002 email to colleagues later obtained by The New York Times.
A number of fast-food restaurants and grocery retailers - including Walmart Stores Inc, Safeway Inc and Supervalu Inc - also stopped selling ground beef containing the product, even though the U.S. Department of Agriculture and industry experts say it is safe to eat.
In its court papers on Wednesday, ABC filed a removal notice to shift the case from Union County Circuit Court in South Dakota to the federal district court for the District of South Dakota, Southern Division.
Typically, if a party to litigation is successful in such a transfer, a case would proceed in the federal court system under federal procedural rules. If the case were to go to trial, a federal judge and jury would hear it.
Read More: http://www.reuters.com/article/2012/10/25/usa-beef-pinkslime-abc-lawsuit-idUSL1E8LOLEZ20121025?type=companyNews&feedType=RSS&feedName=companyNews&rpc=43
Wednesday, October 24, 2012
Jury Awards $450K in Hollywood Cocaine Whistleblower Trial (Exclusive)
Attorney Mark Geragos
Andrew MacDonald, an award-winning visual effects guru who was fired from Ascent Media Group after blowing the whistle on the alleged drug habits of one of his superiors, was awarded $450,000 by a jury on Tuesday for wrongful termination.
The jury award represents two years of salary and could climb higher after the parties reconvene in Los Angeles Superior Court over the issue of punitive damages. It comes more than three years after MacDonald spoke up about Alex Frisch, best known as the visual effects supervisor on the Pirates of the Caribbean films, who according to court papers was known in the office by such nicknames as "Power Donut Man" and "Cokey the Clown, Our Fearless Leader.
At trial, MacDonald, represented by famed attorney Mark Geragos, presented the case that the firing was an excuse to cover up illegal acts.
MacDonald and his wife testified. Three top AMG executives also took the stand.
"It was clear during the trial, the jury completely rejected the testimony of the Ascent executives," Geragos tells The Hollywood Reporter.
The attorney adds that the jury's conclusion that the employer acted "maliciously" is "rare in a wrongful termination case but an appropriate decision given all of the complete fabrications and lies."
MacDonald is back in court Wednesday in hopes of collecting punitive damages.
Frisch is no longer at AMG, having left to co-found a new visual effects studio that has worked with such artists as Nicki Minaj.
Read More: http://www.hollywoodreporter.com/thr-esq/hollywood-cocaine-whistleblower-awarded-450k-382264
Andrew MacDonald, an award-winning visual effects guru who was fired from Ascent Media Group after blowing the whistle on the alleged drug habits of one of his superiors, was awarded $450,000 by a jury on Tuesday for wrongful termination.
The jury award represents two years of salary and could climb higher after the parties reconvene in Los Angeles Superior Court over the issue of punitive damages. It comes more than three years after MacDonald spoke up about Alex Frisch, best known as the visual effects supervisor on the Pirates of the Caribbean films, who according to court papers was known in the office by such nicknames as "Power Donut Man" and "Cokey the Clown, Our Fearless Leader.
At trial, MacDonald, represented by famed attorney Mark Geragos, presented the case that the firing was an excuse to cover up illegal acts.
MacDonald and his wife testified. Three top AMG executives also took the stand.
"It was clear during the trial, the jury completely rejected the testimony of the Ascent executives," Geragos tells The Hollywood Reporter.
The attorney adds that the jury's conclusion that the employer acted "maliciously" is "rare in a wrongful termination case but an appropriate decision given all of the complete fabrications and lies."
MacDonald is back in court Wednesday in hopes of collecting punitive damages.
Frisch is no longer at AMG, having left to co-found a new visual effects studio that has worked with such artists as Nicki Minaj.
Read More: http://www.hollywoodreporter.com/thr-esq/hollywood-cocaine-whistleblower-awarded-450k-382264
'Blue Bloods' Star Jennifer Esposito Have a Case Against CBS - Americans with Disabilities Act
'Blue Bloods' Star Jennifer Esposito Have a Case Against CBS - Americans with Disabilities Act
An ailing Jennifer Esposito blasts the net as "shameful" as attorneys discuss how the Americans with Disabilities Act fits into Hollywood.
Does Jennifer Esposito have a legal claim against CBS for sidelining her because of complications from celiac disease?
The Blue Bloods actress, 39, took to Twitter on Oct. 20 to blast the network’s “absolutely shameful behavior” in putting her on an unpaid leave of absence from her role as Detective Jackie Curatola on the second-year cop drama. The autoimmune disorder causes fatigue and, according to Esposito, CBS refused to accommodate her needs during production, then kept her from working on the show or elsewhere.
In the past four years, since Congress broadened the scope of the ADA, lawsuits have proliferated, notes Fox Rothschild lawyer Richard Cohen. If Esposito asserts an ADA claim, he says she’ll need to show that CBS failed to engage in an “interactive process” to determine a “reasonable” accommodation for her disability.
But CBS could attempt to demonstrate that it was willing to provide her with a special trailer room, take care of her dietary needs and, within reason, reduce her time on set.
Below is some legal analysis from employment attorneys who have looked at Esposito's tweets and CBS' public comments. If a claim is filed at the Equal Employment Opportunity Commission, more facts could emerge that might shape whether Esposito would prevail or not:
David deRubertis, The deRubertis Law Firm:
"If the reduced work schedule could have been granted without imposing an undue hardship on the employer and without transforming the job into something it wasn’t meant to be, then forcing the employee on a leave of absence may be a failure to accommodate the employee’s disability. Here, Ms. Esposito states that 'CBS didn’t listen to my doc and I collapsed on set.' If those facts are proven to be accurate, they may make it more difficult for CBS to prevail. From this evidence, Ms. Esposito could make the compelling argument that considering the fact that CBS’s initial failure to accommodate her caused her condition to get worse, the company certainly should have made extra efforts to allow her to return back to work..."
Travis Gemoets, Jeffer Mangels Butler & Mitchell
"This type of employer reaction in response to a request for a 'reduced schedule,' without the employer making an effort to ascertain, with the help of the employee and the employee's medical professional, what exactly is meant or required by a 'reduced schedule,' is the mistake many employers make before they know all the facts, and this mistake violates both federal law, the Americans With Disabilities Act, and California state law, the Fair Employment and Housing Act. The laws in this area no different for the film and television industry."
Jonathan Steinsapir, Kinsella Weitzman Iser Kump and Aldisert
"This is not the normal employer/employee scenario. There are very serious First Amendment issues as to whether this process should be followed when it would impinge on artistic freedom. Here, CBS can claim that they should not be forced to write their acting roles and TV episodes to conform to the particular disabilities of one actor. If pressed, I think a California court would likely side with CBS, perhaps begrudgingly."
Read More: http://www.hollywoodreporter.com/thr-esq/jennifer-esposito-cbs-blue-bloods-382268
An ailing Jennifer Esposito blasts the net as "shameful" as attorneys discuss how the Americans with Disabilities Act fits into Hollywood.
Does Jennifer Esposito have a legal claim against CBS for sidelining her because of complications from celiac disease?
The Blue Bloods actress, 39, took to Twitter on Oct. 20 to blast the network’s “absolutely shameful behavior” in putting her on an unpaid leave of absence from her role as Detective Jackie Curatola on the second-year cop drama. The autoimmune disorder causes fatigue and, according to Esposito, CBS refused to accommodate her needs during production, then kept her from working on the show or elsewhere.
In the past four years, since Congress broadened the scope of the ADA, lawsuits have proliferated, notes Fox Rothschild lawyer Richard Cohen. If Esposito asserts an ADA claim, he says she’ll need to show that CBS failed to engage in an “interactive process” to determine a “reasonable” accommodation for her disability.
But CBS could attempt to demonstrate that it was willing to provide her with a special trailer room, take care of her dietary needs and, within reason, reduce her time on set.
Below is some legal analysis from employment attorneys who have looked at Esposito's tweets and CBS' public comments. If a claim is filed at the Equal Employment Opportunity Commission, more facts could emerge that might shape whether Esposito would prevail or not:
David deRubertis, The deRubertis Law Firm:
"If the reduced work schedule could have been granted without imposing an undue hardship on the employer and without transforming the job into something it wasn’t meant to be, then forcing the employee on a leave of absence may be a failure to accommodate the employee’s disability. Here, Ms. Esposito states that 'CBS didn’t listen to my doc and I collapsed on set.' If those facts are proven to be accurate, they may make it more difficult for CBS to prevail. From this evidence, Ms. Esposito could make the compelling argument that considering the fact that CBS’s initial failure to accommodate her caused her condition to get worse, the company certainly should have made extra efforts to allow her to return back to work..."
Travis Gemoets, Jeffer Mangels Butler & Mitchell
"This type of employer reaction in response to a request for a 'reduced schedule,' without the employer making an effort to ascertain, with the help of the employee and the employee's medical professional, what exactly is meant or required by a 'reduced schedule,' is the mistake many employers make before they know all the facts, and this mistake violates both federal law, the Americans With Disabilities Act, and California state law, the Fair Employment and Housing Act. The laws in this area no different for the film and television industry."
Jonathan Steinsapir, Kinsella Weitzman Iser Kump and Aldisert
"This is not the normal employer/employee scenario. There are very serious First Amendment issues as to whether this process should be followed when it would impinge on artistic freedom. Here, CBS can claim that they should not be forced to write their acting roles and TV episodes to conform to the particular disabilities of one actor. If pressed, I think a California court would likely side with CBS, perhaps begrudgingly."
Read More: http://www.hollywoodreporter.com/thr-esq/jennifer-esposito-cbs-blue-bloods-382268
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