1 00:00:00,120 --> 00:00:02,880 Speaker 1: Johnny Depp has earned hundreds of millions of dollars over 2 00:00:02,920 --> 00:00:04,960 Speaker 1: his career as a top movie star and one of 3 00:00:05,000 --> 00:00:08,880 Speaker 1: Hollywood's best paid actors. His most famous role the seemingly 4 00:00:09,000 --> 00:00:12,080 Speaker 1: always drunk Captain Jack Sparrow and the Pirates of the 5 00:00:12,080 --> 00:00:23,439 Speaker 1: Caribbean that carried the Disney franchise through five movies. Hello, Hello, Party, Pause, 6 00:00:23,680 --> 00:00:31,840 Speaker 1: Saint Paul, Sleep, Paul partner, that's the one. Polly. The 7 00:00:31,920 --> 00:00:35,040 Speaker 1: fifty four year old actor owns a forty five acre 8 00:00:35,200 --> 00:00:37,720 Speaker 1: chateau in the south of France, a chain of islands 9 00:00:37,760 --> 00:00:41,919 Speaker 1: in the Bahamas on fifty ft luxury yacht, artworks by 10 00:00:42,120 --> 00:00:45,920 Speaker 1: Andy Warhol and Gustav Klimt. The list goes on and on, 11 00:00:46,159 --> 00:00:49,240 Speaker 1: adding up to a two million dollar a month lifestyle 12 00:00:49,320 --> 00:00:52,560 Speaker 1: and financial trouble. For depth, he sued his former business 13 00:00:52,600 --> 00:00:56,320 Speaker 1: manager for twenty five million dollars for negligence and mismanagement 14 00:00:56,360 --> 00:00:59,960 Speaker 1: in January. It's a contentious legal battle, with a preliminary 15 00:01:00,040 --> 00:01:03,800 Speaker 1: re skirmish on Monday in a Los Angeles court. Joining 16 00:01:03,880 --> 00:01:06,480 Speaker 1: me is Devin mccraig. He's a partner at Early Sullivan, 17 00:01:06,640 --> 00:01:11,520 Speaker 1: Right Geyser and McCray. Devin. These managers appropriately called the 18 00:01:11,640 --> 00:01:17,000 Speaker 1: management group represented Debt for seventeen years, described the basics 19 00:01:17,120 --> 00:01:21,120 Speaker 1: of his complaint against them. Well, you know, the basics 20 00:01:21,160 --> 00:01:26,039 Speaker 1: of the complaints are that they uh mismanaged his money, UH, 21 00:01:26,920 --> 00:01:31,839 Speaker 1: engaged him in conflicted transactions, uh, spent his money without 22 00:01:32,080 --> 00:01:37,320 Speaker 1: authorization or disclosure. And a lot of that is disputed 23 00:01:37,400 --> 00:01:41,640 Speaker 1: by the management company for sure. Um. But clearly what's 24 00:01:41,680 --> 00:01:44,000 Speaker 1: going on in these pleadings is each side is trying 25 00:01:44,080 --> 00:01:48,200 Speaker 1: to publicly malign the other. Well, as far as a 26 00:01:48,280 --> 00:01:51,680 Speaker 1: business manager, you know this area, is it a business 27 00:01:51,760 --> 00:01:56,080 Speaker 1: manager's responsibility to make sure that a star lives within 28 00:01:56,320 --> 00:02:00,840 Speaker 1: his means? Well, think about it this way. You you 29 00:02:01,040 --> 00:02:05,520 Speaker 1: hire a business manager to maximize your wealth. Uh. They're 30 00:02:05,520 --> 00:02:07,960 Speaker 1: not just a mailbox. They don't just pay your bills 31 00:02:08,160 --> 00:02:11,320 Speaker 1: when you direct them to do so. Um. They don't 32 00:02:11,440 --> 00:02:15,639 Speaker 1: control how much money you make from your professional services. 33 00:02:15,680 --> 00:02:20,079 Speaker 1: And it's mostly professional entertainers and athletes that engage business managers, 34 00:02:20,120 --> 00:02:22,639 Speaker 1: and so they don't procure that work for you. So 35 00:02:23,120 --> 00:02:28,160 Speaker 1: their job is to take that income and maximize your wealth. Uh. 36 00:02:28,320 --> 00:02:30,679 Speaker 1: And so as far as maximizing wealth, there's only really 37 00:02:30,720 --> 00:02:34,200 Speaker 1: two aspects to that. Taking your capital and investing it 38 00:02:34,400 --> 00:02:36,840 Speaker 1: and making it return more capital. And also on the 39 00:02:36,880 --> 00:02:41,040 Speaker 1: other side, is necessarily controlling some spending um and if 40 00:02:41,160 --> 00:02:45,040 Speaker 1: the client is spending out of control, uh, then the 41 00:02:45,120 --> 00:02:47,600 Speaker 1: business manager has something, has got to do something about it. 42 00:02:48,760 --> 00:02:53,239 Speaker 1: And what are the business manager's claims in defense and 43 00:02:53,320 --> 00:02:59,800 Speaker 1: also against step Well, I I just read the operative answer, 44 00:03:00,480 --> 00:03:03,640 Speaker 1: and you know the first hundred paragraphs are so are 45 00:03:03,760 --> 00:03:10,400 Speaker 1: really lengthy allegations regarding evidence that aren't really even necessary 46 00:03:10,440 --> 00:03:12,600 Speaker 1: for that type of pleading. So it's it's quite clear 47 00:03:12,760 --> 00:03:16,359 Speaker 1: that the initial strategy is like, we're gonna show that 48 00:03:16,639 --> 00:03:20,320 Speaker 1: how painful this litigation is going to be. There's probably 49 00:03:20,400 --> 00:03:23,320 Speaker 1: some retaliation because depth went into some details about what 50 00:03:23,480 --> 00:03:25,959 Speaker 1: they did. So right now it is a public image 51 00:03:26,000 --> 00:03:28,920 Speaker 1: fight because a lot of these allegations just don't uh 52 00:03:29,080 --> 00:03:30,760 Speaker 1: need to be in the complaint and some would say 53 00:03:30,800 --> 00:03:33,359 Speaker 1: are are are are not properly in the complaint or 54 00:03:33,440 --> 00:03:37,880 Speaker 1: the cross complaint and or answer how how much trouble 55 00:03:38,000 --> 00:03:42,640 Speaker 1: is he? And can you tell from that the complaint? Uh? No, 56 00:03:42,840 --> 00:03:46,000 Speaker 1: I can't tell from the complaint how much trouble he's in. 57 00:03:46,120 --> 00:03:49,400 Speaker 1: And who's really telling the truth about what? Uh? You know, 58 00:03:49,800 --> 00:03:52,280 Speaker 1: the answer in the first amended cross complaint had the 59 00:03:52,320 --> 00:03:55,240 Speaker 1: benefit of citing some discovering it. And it sounds like 60 00:03:55,800 --> 00:04:00,520 Speaker 1: some of the allegations based on the pleadings uh at uh, 61 00:04:01,000 --> 00:04:05,480 Speaker 1: some of depth allegations might be falsifiable. You know. For instance, 62 00:04:05,560 --> 00:04:08,720 Speaker 1: they they they say in their answer that you know, 63 00:04:08,800 --> 00:04:12,400 Speaker 1: with respect to the conflicted transactions, that he he cashed 64 00:04:12,440 --> 00:04:16,320 Speaker 1: out at a profit and anything he's still in is profitable. 65 00:04:16,680 --> 00:04:18,800 Speaker 1: There's some kind of dispute about whether the wine was 66 00:04:18,839 --> 00:04:22,640 Speaker 1: an investment or whether it was consumed um and so 67 00:04:22,760 --> 00:04:25,560 Speaker 1: they're they're saying it was consumed. Those are the types 68 00:04:25,600 --> 00:04:28,440 Speaker 1: of things that will uh you know, be at issue, 69 00:04:28,560 --> 00:04:32,280 Speaker 1: but ultimately the tact of kind of saying, uh, we 70 00:04:32,400 --> 00:04:35,359 Speaker 1: couldn't you know, it's his fault because he didn't handle 71 00:04:35,440 --> 00:04:38,400 Speaker 1: his spending. You also have a business manager that's privy 72 00:04:38,480 --> 00:04:41,640 Speaker 1: to private financial information. They become very close to their clients. 73 00:04:41,800 --> 00:04:45,039 Speaker 1: It's almost like a lawyer, and it seems somewhat unseemly 74 00:04:45,080 --> 00:04:48,320 Speaker 1: to kind of really be turning everything on him and say, Okay, 75 00:04:48,320 --> 00:04:50,280 Speaker 1: we're gonna embarrass you with all of the money you 76 00:04:50,440 --> 00:04:53,600 Speaker 1: spent and what what. They don't really challenge at least 77 00:04:53,640 --> 00:04:55,400 Speaker 1: I didn't see it based on my scheming of the 78 00:04:55,560 --> 00:04:57,680 Speaker 1: of the pleading as they don't challenge that they got 79 00:04:57,720 --> 00:05:01,040 Speaker 1: twenty eight million dollars from debt and that's a lot 80 00:05:01,080 --> 00:05:04,360 Speaker 1: of money. And so they delimit all of Depth's expenditures 81 00:05:04,400 --> 00:05:06,240 Speaker 1: and then they spend, you know, two and a half 82 00:05:06,320 --> 00:05:09,280 Speaker 1: pages on saying why Depth is a liar with respect 83 00:05:09,320 --> 00:05:11,360 Speaker 1: to things that don't even relate to this lawsuit. They 84 00:05:11,400 --> 00:05:13,960 Speaker 1: go into his marriage with Amber heard. But what they 85 00:05:14,000 --> 00:05:15,640 Speaker 1: don't do is they don't say all of the things 86 00:05:15,720 --> 00:05:18,480 Speaker 1: that they did do to earn that twenty eight million dollars. 87 00:05:19,080 --> 00:05:22,480 Speaker 1: Now on Monday, Um, I'm under the judge said it 88 00:05:22,520 --> 00:05:26,120 Speaker 1: doesn't matter that Depth spent an outrageous too many two 89 00:05:26,200 --> 00:05:29,320 Speaker 1: million dollars a month on the maintenance of his state 90 00:05:29,360 --> 00:05:33,760 Speaker 1: and his lifestyle. Is that a big win for Depth? Uh? No, 91 00:05:33,880 --> 00:05:36,400 Speaker 1: I don't. I don't think it's a really a big win. 92 00:05:36,520 --> 00:05:38,159 Speaker 1: It was. I think it was more of a discreet 93 00:05:38,200 --> 00:05:43,080 Speaker 1: issue of whether that allegation was relevant to claims of 94 00:05:43,279 --> 00:05:48,680 Speaker 1: offset with respect to their cross complaints for unpaid fees 95 00:05:49,040 --> 00:05:55,000 Speaker 1: post termination. So both sides claimed victory on Monday. Which 96 00:05:55,080 --> 00:06:00,960 Speaker 1: side Which side do you think one? Well, I think 97 00:06:01,000 --> 00:06:03,520 Speaker 1: it depends on you know, the public's reaction to this 98 00:06:03,640 --> 00:06:08,480 Speaker 1: really because as far as the case itself, UM, and 99 00:06:08,839 --> 00:06:10,840 Speaker 1: you know who's going to be successful at trial if 100 00:06:10,920 --> 00:06:14,280 Speaker 1: this case ever goes to trial, which ODUD say overwhelmingly 101 00:06:14,360 --> 00:06:17,320 Speaker 1: that it will not. Uh. The question might really be 102 00:06:17,440 --> 00:06:20,400 Speaker 1: who who who took the biggest hit in a public 103 00:06:20,839 --> 00:06:23,880 Speaker 1: in a public image perspective, and who's going to have 104 00:06:24,480 --> 00:06:28,640 Speaker 1: better settlement leverage based on uh, the notion that you know, 105 00:06:29,080 --> 00:06:31,800 Speaker 1: the longer this case goes on, the more painful it's 106 00:06:31,800 --> 00:06:34,880 Speaker 1: going to be for the other side. This is kind 107 00:06:34,880 --> 00:06:36,720 Speaker 1: of one of those instances where it appears to be 108 00:06:36,839 --> 00:06:40,000 Speaker 1: mutually assured destruction because it's embarrassing for Depth to have 109 00:06:40,160 --> 00:06:43,200 Speaker 1: all of these details revealed, and most of the public 110 00:06:43,279 --> 00:06:45,200 Speaker 1: can't get past the fact that the guy was spending 111 00:06:45,240 --> 00:06:47,680 Speaker 1: thirty dollars on wine a month or whatever it was, 112 00:06:48,240 --> 00:06:51,160 Speaker 1: and so you know that alone people start judging him. 113 00:06:51,480 --> 00:06:53,760 Speaker 1: On the other hand, you have a business management firm 114 00:06:53,960 --> 00:06:58,120 Speaker 1: that relies on trust and confidence, and you know some 115 00:06:58,320 --> 00:07:00,520 Speaker 1: of its clients might be saying, gee, you know they're 116 00:07:00,560 --> 00:07:03,400 Speaker 1: really going after Depth here. What if I get into 117 00:07:03,440 --> 00:07:05,480 Speaker 1: dispute with them? What if they start airing all my 118 00:07:05,640 --> 00:07:08,039 Speaker 1: dirty laundry in this way? This is a very aggressive 119 00:07:08,040 --> 00:07:10,200 Speaker 1: approach they've taken, and I'm not sure it's a great one. 120 00:07:10,680 --> 00:07:13,200 Speaker 1: And it all kind of came to a head. You know. 121 00:07:13,280 --> 00:07:16,400 Speaker 1: It sounds like because of this loan they gave him, 122 00:07:16,920 --> 00:07:19,440 Speaker 1: and uh, you know there's there's a question. So they 123 00:07:19,480 --> 00:07:23,760 Speaker 1: say it was his fault, uh that he spent so much. Um, 124 00:07:24,440 --> 00:07:27,040 Speaker 1: why why would they give him a five million dollar alone? 125 00:07:27,640 --> 00:07:29,600 Speaker 1: And in the in their pleading, they say that was 126 00:07:29,680 --> 00:07:32,440 Speaker 1: to help him avoid a public embarrassment, and of course 127 00:07:32,720 --> 00:07:34,560 Speaker 1: they're trying to bring that on him right now at 128 00:07:34,600 --> 00:07:39,040 Speaker 1: times ten is this all sounds like a Hollywood movie? 129 00:07:39,120 --> 00:07:42,800 Speaker 1: Now we're starting to get into into script territory. So um, 130 00:07:43,400 --> 00:07:46,080 Speaker 1: but you you're final in about fifteen seconds. You think 131 00:07:46,120 --> 00:07:49,400 Speaker 1: this is going to be a settlement, not a trial. Yeah, 132 00:07:49,680 --> 00:07:52,160 Speaker 1: maybe maybe not for a while, but I think it's 133 00:07:52,200 --> 00:07:56,240 Speaker 1: going to settle, and it will settle confidentially. That's too bad. 134 00:07:56,360 --> 00:07:58,200 Speaker 1: We want to know the details there, all right, Well, 135 00:07:58,280 --> 00:08:01,480 Speaker 1: thank you so much for joy us here on Bloomberg Law. 136 00:08:01,520 --> 00:08:04,680 Speaker 1: That's Devin McCrae. He's a partner at Early Sullivan, Wright, 137 00:08:04,800 --> 00:08:06,040 Speaker 1: Geyser and McCrae.