Fox won’t be getting their $1 in damages in the long running executive poaching battle with Netflix, but the streamer won’t be snagging anymore employees of the now Disney-owned studio or maybe anyone else
Two weeks after Judge Marc Gross issued a tentative ruling that seemed to snap off Netflix’s attempt to challenge industry employment contracts, the Los Angeles Superior Court official made it official today with a final ruling affirming the tentative.
Representatives for Netflix did not respond to request for comment on the final ruling, except to cite their previous statement of November 25 . However, sources close to the streamer have made it very clear in the past and today that Netflix plans to appeal today’s ruling.
Netflix put in a resolute face in what is looming to be a pretty big loss for the streamer in an even more increasingly competitive environment than when this case started. A patient Judge Gross wasn’t buying it from Netflix’s lawyer Karen Johnson-McKewan on Monday. “Your argument taken to its logical conclusion is that any fixed term contract restricts mobility,” Gross cautioned as the Orrick Herrington & Sutcliffe LLP added that Fox can’t stop the duo from “either quitting or taking jobs elsewhere,” noting that neither the now Netflix execs fall under the much more inhibiting clauses of “extraordinary” and one of a kind employees.
“I’m not here to condone all of their contract clauses,” Judge Gross replied, as Johnson-McKewan cited several elements that were not actually in Waltenberg and Flynn’s Fox deal. “I’m only here to rule on what is in front of me.”“The idea that an employee can break a contract without consequences is absurd,” Fox’s chief big game hunting attorney Daniel Petrocelli replied in part to the Netflix argument in court this morning.
With Bob Iger and the elder Murdoch’s $71.3 billion deal for the House of Mouse to acquire a large slab of Fox’s assets becoming official earlier this year, many presumed that Disney might ditch the whole thing and “condemn and move on,” to quite HBO’s Succession paraphrasing the Australian media tribe.
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