![]() ![]() Jurors in Hulk Hogan-Gawker Case Defend Wrestler's Right to Privacy Constitution to try to evade liability for their tortious activity.) (The arrangement is peculiar given that the company and its owner, Denton - a dual citizen of Hungary and the U.K. My firm sought and obtained Gawker’s financials, advertising practices, internal emails and chats regarding Bollea, all of the hundreds of cease-and-desist demands received by Gawker Media from the preceding three years, and Gawker’s complex (and dubious) corporate and tax structuring, including a parent company in the Cayman Islands and a sister company in Budapest, Hungary. Judge Pamela Campbell in the state trial court placed reasonable limits on the scope of inquiry. Gawker sought invasive questioning regarding Bollea’s sex life with all partners throughout his lifetime, his entire medical history (including eight spinal surgeries) and every financial document in his possession. Gawker took a “scorched earth” approach, deposing Bollea for three days, Bubba Clem for two days, Heather Clem, David Houston, a publicist for Bollea, a different publicist for a wrestling company, and several nonparties with knowledge of various issues such as how the video made its way to Gawker, and how Bubba Clem’s hidden camera was set up. Gawker’s counsel did not adequately prepare their witnesses, and Daulerio, among others, made admissions that severely undermined the “newsworthy” defense and would later inflame the jury with their arrogance and defiance. We then deposed Denton, Daulerio, several company employees and expert witnesses. Gawker decided?not to repost the video even after the appeals court vacated the injunction. ![]() Gawker took down the video but sought an immediate appeal and won: The Florida state District Court of Appeal ( DCA) reversed the injunction?on essentially the same grounds as the federal court - prior restraint. This time, a temporary injunction was issued, requiring the sex video to be removed from pending trial. We revised our injunction motion and filed it in state court. ![]() In the meantime, a settlement was reached with Bubba Clem, but Heather Clem, represented by separate counsel, refused to settle. So we dismissed the federal action and amended the state court case to add the Gawker defendants with the Clems. The federal court declined to grant a temporary injunction on grounds that it would constitute a prior restraint of free speech (the sex video). We also believed the Florida state court would be a better forum for Bollea’s claims against the Clems. Why did we file two lawsuits? We wanted a federal court injunction to enforce in New York. The couple was Bollea’s then-best friend, Bubba the Love Sponge (ne Todd Clem), and his then-wife Heather Clem. Petersburg, Fla., against the couple who had set up Bollea in 2007 to be recorded without his knowledge. 15: one in federal court in Tampa, Fla., against Gawker, Denton and Daulerio and a second in state court in St. The lawsuit was followed by 60-plus takedown demands, and virtually all companies (except Gawker) complied and removed the video. Our demand against the Gawker defendants was $100 million - a high number, no doubt, but one that we believed was justified, achievable and could help to persuade websites to remove the video. We wanted Gawker, and the many other entities (mostly porn sites) that had lifted and posted the same video, to remove it immediately. Rarely do I recommend a press conference upon the filing of a new lawsuit, but this case was different. ![]() This is why a lawsuit was filed, why the case went to trial and why a jury awarded $140 million in damages. It has never apologized or admitted wrongdoing and likely never will. But Gawker was defiant from day one and remains defiant today. If Gawker had simply removed the video, as Bollea’s lawyers requested, litigation would not have ensued. Gawker knew Bollea had been secretly filmed and objected to the video’s release, but Gawker posted it?anyway,?claiming it was protected “journalism.” What followed was three and a half years of litigation, a massive jury verdict and the possible end of a media company once valued at more than $250?million. 4, 2012, Gawker Media posted a 1 minute, 41 second video of Terry Bollea, professionally known as Hulk Hogan, in a bedroom, sans clothing and engaged in a private activity with a woman. To receive the magazine, click here to subscribe. A version of this story first appeared in the April 22 issue of The Hollywood Reporter magazine. ![]()
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