Reply to Lively/Baldoni Lawsuit Part 2

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Reply to "Lively/Baldoni Lawsuit Part 2"

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[quote=Anonymous][quote=Anonymous]What is interesting is that there are three documents on the docket that distributors of Blakes drink products wrote to the company and expressed their concern and possibly halting distributing the products. One was Kroger’s and I think another was maybe a cruise line and I forget the third.

Basically, they said they were very nervous about the backlash against Blake, and they were wary to keep purchasing the product. Now you could argue that this was because of the retaliation campaign, but some of the things that they cited ate hard to blame on Wayfarer, for example one of them cited that they did not like that she was promoting her booze line during the domestic violence themed movie. That was not Wayfarer-  that was all Blake and she could’ve apologized that and didn’t.

They also didn’t like the baby bump interview, which again the journalist will testify that that was not Wayfarer.  Either way it’s Blake’s words and what would’ve been responsible for her to do is apologize and nip that in the bud rather than letting it fester.

Instead, she took no accountability, and in December the New York Times article was published. Which may have been the end of it, except no one was counting on WF releasing all of that information that turned the public - not to rehash this old thread, but the dance video, text messages, the PGA letter showing that she was in charge of much of the decisions, and things like people disagreeing the birth video was offensive or inappropriate.

If there was a smear campaign and I still really marvel that these people had the ability to tank what she is saying was $150 million brand in about a week time, she did not do the cleanup necessary that her distributors were asking her to do. [/quote]

If they have evidence showing Wafarer, via TAG and Wallace, promoted and encouraged the stories about the baby bump interview or Blake placing her products at the premiere party, then it's not "all Blake." The baby bump interview was old and went insanely viral right around the time of the premiere. Likewise, the stories about Blake promoting products at the premiere saw huge uptake in the days around the premiere, after Wayfarer hired TAG/Wallace. Blake will argue at trial that the impact on her brands was not "all Blake" but pushed and promoted by the people Wayfarer hired to "bury" her. This is the whole case.

Yes, the defense is "it was organic." But this is complicated by text and email evidence showing TAG and Wallace assuring Wayfarer that it would all "look organic."

A lot of this will come down to what experts are permitted to testify and about what, what expert reports are admitted into evidence. Blake's experts argue in favor of her narrative, Wayfarer's experts argue the other side. It is not that uncommon in a case like this, that concerns allegations of lost profits, for it to become a battle of the experts. That can make it a wildcard because you truly do not know what a jury of laypeople will do with that. We also don't know what the judge will decide regarding the experts -- I believe next week there is a hearing where the experts will testify and be subject to direct and cross examination, a sort of mini trial before the trial that will enable Liman to decide what is admissible or not. His decision is going to dictate the arguments each side can make in court to a great degree. We'll just have to wait and see.[/quote]

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