Deception in Negotiations Misrepresentation, Fraud; Tort Law: Damages & Other remedies for intentional or negligent misrepresentations for purpose of inducing action or inaction in reliance; Contract Law: Avoidance or reformation of the contract for even an innocent misrepresentation of a material fact that induces assent; Loose categories of conventionalized lies upon which no one should rely (puffing): Exaggeration of value, Future facts, Opinions; - Subject to Special Regulation: Complicated by duties to client (confidentiality & zealousness); MR 4.1 In course of representing a client, lawyer shall not knowingly: Make a false statement of material fact/law to a 3rd person; Fail to disclose material fact to 3rd person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client unless disclosure is prohibited; Rule 1.6 All info relating to representation confidential; Depends on circumstances – Under generally accepted conventions in negotiation, certain types of statements of material fact, estimates of price, or value placed on the subject of a transaction; B&P §6106 Commission of an act involving dishonesty constitutes a cause for disbarment or suspension; GUILDS AND LABOR RELATIONS IN ENTERTAINMENT Film/TV fairly unionized Above the line (SAG-AFTRA, DGA, WGA); Below the Line (LATSE, Locals, Craft Guilds); Collective Bargaining Agreements Collectively bargained between guild and AMPTP; Every 3 Years; Govern relationships in addition to the individual contract; Individuals cannot agree to less, but are allowed to negotiate for better terms; Some important provisions: Job categories; Geographic jurisdiction; Agency shop; Minimum pay; Working conditions; Pension Health & Welfare Payments; Residuals for supplemental markets; Screen/Paid ad credits; Creative rights;
Deception in Negotiations Misrepresentation, Fraud; Tort Law: Damages & Other remedies for intentional or negligent misrepresentations for purpose of inducing action or inaction in reliance; Contract Law: Avoidance or reformation of the contract for even an innocent misrepresentation of a material fact that induces assent; Loose categories of conventionalized lies upon which no one should rely (puffing): Exaggeration of value, Future facts, Opinions; - Subject to Special Regulation: Complicated by duties to client (confidentiality & zealousness); MR 4.1 In course of representing a client, lawyer shall not knowingly: Make a false statement of material fact/law to a 3rd person; Fail to disclose material fact to 3rd person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client unless disclosure is prohibited; Rule 1.6 All info relating to representation confidential; Depends on circumstances – Under generally accepted conventions in negotiation, certain types of statements of material fact, estimates of price, or value placed on the subject of a transaction; B&P §6106 Commission of an act involving dishonesty constitutes a cause for disbarment or suspension; GUILDS AND LABOR RELATIONS IN ENTERTAINMENT Film/TV fairly unionized Above the line (SAG-AFTRA, DGA, WGA); Below the Line (LATSE, Locals, Craft Guilds); Collective Bargaining Agreements Collectively bargained between guild and AMPTP; Every 3 Years; Govern relationships in addition to the individual contract; Individuals cannot agree to less, but are allowed to negotiate for better terms; Some important provisions: Job categories; Geographic jurisdiction; Agency shop; Minimum pay; Working conditions; Pension Health & Welfare Payments; Residuals for supplemental markets; Screen/Paid ad credits; Creative rights;
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