By ROBERT GOLDRICH
Even though a verdict was rendered earlier this month, the contentious Los Angeles Superior Court case between F.M. Rocks, Santa Monica, and bicoastal HSI Productions continues to generate a buzz within the production house community. And the buzz word is "indemnification."
As earlier reported (SHOOT, 5/21, p. 1), a jury ruled that HSI did not intentionally interfere with a contract between F.M. Rocks and director Paul Hunter. The decision thus dismissed plaintiff F.M. Rocks’ claim that it was due financial recompense and damages from defendant HSI. Sometime around May ’97, Hunter stopped directing music videos for F.M. Rocks and began working for HSI where he’s since helmed both clips and spots.
At press time, SHOOT was fielding queries from numerous production company executives regarding the trial. And the lion’s share of those phone calls centered on what people had heard via the industry grapevine about how indemnification figured-or didn’t figure-in the case. Both sides in the litigation addressed the issue.
Craig Fanning, president of F.M. Rocks, said he intends to appeal the Superior Court verdict. Among his contentions is that a judge’s decision prevented the jury from properly considering HSI’s indemnification of Hunter and how that allegedly induced the director to breach his contract with F.M. Rocks. Fanning claimed that HSI indemnified Hunter so that he would come over to the company.
However, HSI’s in-house legal counsel Randy Winograd said that wasn’t the case. He told SHOOT that it was well after Hunter decided to join HSI that the company agreed to indemnify him. Winograd noted that it wasn’t until the month following Hunter’s helming of a music video for HSI that the company considered providing indemnification. "The indemnity came when they [F.M. Rocks] threatened to sue him [Hunter]," said Winograd. "The idea behind the indemnity was simply that we didn’t think their lawsuit had any merit and we wanted Paul to focus on working."
Winograd contended that the judge properly instructed the jury regarding indemnification. The attorney added that the jury weighed all the relevant facts and clearly ruled that there was no intentional interference on HSI’s part with the contract in question.
Meanwhile, F.M. Rocks continues to maintain its arbitration case against Hunter. Fanning said he expects the arbitration process to move forward shortly.
Oscar-Nominated Director Sean Wang Joins Park Pictures For Spots, Branded Content
Park Pictures has added director Sean Wang to its roster of talent for representation spanning commercials and branded content. His feature-length debut, Dรฌdi, premiered at the 2024 Sundance Film Festival, where it was acquired by Focus Features and released later that summer to critical acclaim.
Wang is a Taiwanese-American filmmaker hailing from Fremont, Calif., and currently based in Los Angeles. Prior to joining Park Pictures, he was repped by Even/Odd Studios. Often pulling from his lived experiences, Wang can turn hyper-specific story points into universally relatable, memorable moments.
Dรฌdi won the U.S. Dramatic Audience Award and the Special Jury Prize for Best Ensemble Cast at the Sundance Film Festival. His documentary short Nai Nai & Wร i Pรณ premiered at SXSW 2023, where it won the Grand Jury Prize and Audience Award, later earning an Oscar nomination. The film following Wangโs two grandmothers is currently streaming on Disney+ and Hulu. Other films from Wang include the lauded documentary shorts 3,000 Miles, H.A.G.S., and Still Here. As a Google Creative Lab 5 Alumnus, Wang has directed several commercial campaigns for Google that highlighted live captions and teased large news from the tech conglomerate, including an ad that aired during the 2017 Emmy Awards.
Wang said of Park Pictures, โI canโt think of a better artistic home for me as a director. The work that comes out of Park Pictures is incredible, and I admire the work they do in advertising and the documentary and narrative space. Everyone Iโve met there is just as obsessed with making great films as I am, and I look forward to growing my career with them as I move into the commercial space.โ
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