The Viall Files - E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Episode Date: December 31, 2024Welcome back to The Viall Files: Reality Recap! We read through Blake Lively’s Complaint against Justin Baldoni regarding It Ends With Us… we have a lot to discuss! Link to Blake Lively’s Compla...int: https://static01.nyt.com/newsgraphics/documenttools/1629cc34e562e325/4410b1d9-full.pdf Link to Stephanie Jones (Justin Baldoni’s Ex-Publicist)’s Complaint: https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=Xc9lTZnkJAsclCjfCv0G4g== “You can’t put fake information into a complaint into court… It has to have a reasonable belief that there's evidentiary support for the complaint.” OUT NOW! Listen to Humble Brag with Cynthia Bailey and Crystal Kung Minkoff. Available wherever you get your podcasts and YouTube: https://www.youtube.com/@humblebragpod https://podcasts.apple.com/us/podcast/humble-brag-with-crystal-and-cynthia/id1774286896 Start your 7 Day Free Trial of Viall Files + here: https://viallfiles.supportingcast.fm/ Please make sure to subscribe so you don’t miss an episode and as always send in your relationship questions to asknick@theviallfiles.com to be a part of our Monday episodes. Follow us on X/Twitter: https://twitter.com/TheViallFiles Listen To Disrespectfully now! Listen on Apple: https://podcasts.apple.com/us/podcast/disrespectfully/id1516710301 Listen on Spotify: https://open.spotify.com/show/0J6DW1KeDX6SpoVEuQpl7z?si=c35995a56b8d4038 Watch on YouTube: https://www.youtube.com/channel/UCCh8MqSsiGkfJcWhkan0D0w To Order Nick’s Book Go To: http://www.viallfiles.com If you would like to get some texting advice on Office Hours send an email to asknick@theviallfiles.com with “Texting Office Hours” in the subject line! To advertise on the show, contact sales@advertisecast.com or visit https://www.advertisecast.com/TheViallFiles THANK YOU TO OUR SPONSORS: Wonderful Pistachios - Visit https://www.WonderfulPistachios.com to learn more Huggies - To learn more, visit https://www.huggies.com Nutrafol - For a limited time, Nutrafol is offering our listeners $10 off your first month’s subscription and free shipping when you go to https://www.Nutrafol.com and enter the promo code VIALL Timestamps: (00:00) - Intro(07:50) - Vibes vs Stats(09:06) - Blake Lively’s Complaint Against Justin Baldoni (41:18) - Emily D Baker Breaks down the complaint (01:44:26) - How Nick Got His Take (01:56:33) - Outro Episode Socials: @viallfiles @nickviall @nnataliejjoy @theemilydbaker @justinkaphillips @leahgsilberstein @dereklanerussell
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Welcome back to the last episode of the year for the Vile Files Reality Recap Edition.
I am your host, Nick, joined by the household.
What a year it has been.
Just feeling gratitude right now.
It's December 31st for all you listening, so.
Crazy year personally for us.
Well, for the show.
Crazy year for the show.
Even crazier year next year,
but this year was just started off a gypsy rose,
straight out of prison.
Yeah, we kicked it off with a bang.
Yeah.
Our team's different.
We got, you know.
We have a huge team.
The household has really changed.
It's been an incredible year.
The show, obviously, like Nellie said,
we had Gypsy Rose, it started off with a bang,
fresh out of prison.
We had some, I mean, incredible interviews.
We had the Tom Sandoval interview.
So many incredible guests.
Denise Richards was such a moment for me.
Being a fan of hers for so long, it was really just a cool year.
I think I'm so excited and feel so grateful for the show.
Every year the show has existed, we had our best year of all time.
And it's exciting to once again be able to accomplish that.
And we wouldn't be able to do it without everyone listening.
Whether you've been with us from the very beginning
or the second year or the third year or the fourth year,
or maybe you tune in, maybe you tune out.
We're so grateful to have you guys tune in with us,
to choose us, to listen to us,
to be a part of what we're doing and to grow with us.
I mean, it's really been just super exciting
and big things ahead.
I mean, it's really crazy to think just how crazy
and great this year has been as a show
and just how incredible we feel
like next year is gonna be.
We also mentioned we have, we're gonna kick things off 2025
with a really exciting, going deeper interview.
We'll, I think, announce that next reality recap.
The first of the year, our first episode of next week?
Is that next Tuesday?
Next Tuesday.
Next Tuesday.
Our second episode of the year.
Well, we have our Ask Nick on a Monday,
and then on Tuesday, I think we'll drop that.
Also on a personal level, greatest year of my life.
Truly.
Yeah.
Had a baby, got married, just so many other.
It's been really great.
Yeah.
I do, like, I love the life we built together.
We had a great year, we got married, we had a baby.
We've done some really cool things.
I love what we built together.
I love the atmosphere we raised our daughter in.
I'm really proud of us for that.
Me too.
It's really cool.
We're doing good.
Yeah.
We're gonna keep doing better. It's honestly been the greatest year of Me too. It's really cool. We're doing good. Yeah. We're gonna keep doing better.
It's honestly been the greatest year of my life.
It's really been great.
We've done so many cool things.
So. It's only up.
And to think how excited we are for 2025,
it's really cool.
It is crazy to think that like,
it can get better from the year that we've had.
You know, it's like,
we've had so many amazing things happen in 2024
and to think that like life is just gonna get better
and sweeter and obviously it'll come with ups and downs
and challenges like, you know, any life does,
but it is crazy to think that like,
we are gonna have-
Yeah, I'm trying to get emotional,
but I just love, I love doing this with you.
I love building this life with you.
Oh, I love you.
I love you too.
Well, I realized that I married into a family
that opens presents all at once,
and that was hard for me to digest.
Say more, what happened?
We had Christmas, Merry Christmas,
Happy Holidays, Happy Hanukkah.
Thank you, thank you.
It's still going on.
Still happening.
Eight nights.
Oh my God, fun.
Eight crazy nights.
Yeah, we are halfway through.
We're in night four. When people are listening my God, fun. Eight crazy nights. Yeah, we are halfway through. We're in night four.
When people are listening to this, it will be night six.
Of course.
If I did that math right, which I think I did.
Is every night fun?
Every night is great, yeah.
Last night, my mom had a Hanukkah party.
We did a secret Santa type thing.
We call it secret Maccabee with our whole family.
Lots of Louis gifts that, you know, really cute,
but nowhere to put anything.
So wait, you're talking shit about my family?
No, no, no.
My family, actually.
Thank you very much.
Our family.
Yeah.
Well, you know, like everyone has their own way
of doing holidays.
I grew up in a family where Christmas Eve,
my mom cooks a big dinner. We kind of all dress up to sit in the living room
type of thing.
We have a nice, my mom would,
it would be like a seven course dinner
and it would be, you know, soup and salad and whatever.
My mom really, she went all out for Christmas Eve.
And then Christmas morning, we,
everyone would open stockings all at once.
And then it went, every year it switched,
either youngest to oldest, oldest to youngest, and everyone opened up a gift We everyone would open stockings all at once and then it went every year
It switched either youngest to oldest oldest to youngest and everyone opened up a gift
One at a time you were able to like enjoy that one gift and it wasn't just like chaos
You could watch the other person you see what everyone else got I go to our family Christmas with with your side of the family
And we were at the lake house and it it is like, there is no order.
There is no plan.
There's nothing.
It's just like, everyone's just opening up stuff.
And I'm like, wait, what did you get?
What's happening?
And it's-
I prefer that.
You do?
No.
My family does it your way, Natalie.
And I'm like, why is the pressure on me?
Now I have to react a certain way to every gift.
Let's just wrap it up.
No, you just become a pro. You're like, oh now I have to react a certain way to every gift. I'm like let's just wrap it up. No you just become a pro.
You're like oh I've always wanted a meat thermometer.
Thank you Aunt Suzanne.
Like you have to just and that's the fun in it
is everyone's like oh like Natalie hated that
meat thermometer but Aunt Suzanne is like
yay I'm so glad you love it.
You know it's like the fun and getting your
Oscar winning performance but like the lake
I couldn't even I'm like what did your dad get from your sister and your cut? It was hard
Well, the good news is babe because going for it we are we're remodeling the lake house. Okay
That's exciting. Very exciting. We we starting like in a week. What are we going for? Is it modern?
Is it just well, you'll have to follow along Justin
Okay, are you knocking the whole thing down and rebuilding it or you're renovating?
We are doing quite the overhaul.
Wow, that's really exciting.
We're investing in our future.
I posted a little picture of some selects we made
and a lot of people thought it was the gold wall
that was coming down.
No, not the gold wall.
It is not the gold wall, but it is more exciting.
Yeah, we're really going for it.
It's just like, you know, do we need anyone?
So, but like, you know, obviously you guys know
the lake house, my grandfather's lake house.
I want it like having River, yeah, like next Christmas,
it's gonna be, well, that's what I was gonna say to you.
Listen, babe, we are hosting Christmas going forward.
And next Christmas, it will be.
At our lake house.
Youngest to oldest. One at a time.
And the elf, someone has to pick to be the elf.
Who's it gonna be?
Maybe River has to hand the gifts to each person.
It was you this year.
You didn't really know what the hell you were doing.
I got fired.
So I guess what I'm saying is like the news is
we get to make our own traditions next year at the lake,
which will be, we're gonna host everybody.
Not you guys.
Yeah, what? I was so excited for a second there. Maybe someday you guys will be, we're gonna host everybody. Not you guys, you guys. Yeah, what?
I was so excited for a second there.
Maybe someday you guys will be able to come.
I wasn't thinking so until you said that.
I wanted to remodel the lake to be able to have family up
and to host and to be there a lot.
We obviously both come from huge families.
So I think, yeah, definitely coming from huge families.
I think it's nice to have a place where my family,
your family can all come together and it can fit everybody
and it can be that place for us to make all the memories
with River and all her cousins
and aunts and uncles and stuff.
So it will be really fun.
It's gonna be an exciting year.
I can't even, I can't even wrap my brain around
how just exciting I think next year is going to be for us.
The show, you guys listening.
This is our last episode of Vibe Versus Stats for 2024.
Yeah.
We vibes are going out, losing still,
but we are coming back strong before the end of the season.
I feel it in my toes.
This Vibe Versus Stats segment of the Vibe Files
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All right, now it's time for vibes versus stats.
The scores, well, I mean, listen,
it's been a couple of weeks since we recorded.
A lot has happened in the NFL.
Beyonce had a dominant halftime show.
Maybe that was the most dominating performance in the NFL
since we last recorded.
Packers were one and one.
They beat the Sanse Los of the Vikings.
A lot of stuff is going on in the NFL,
but I don't even remember what scores we picked
before we ended up recording. But I think the big takeaway is Beyoncé crushed half time.
I don't know. Maybe that's...
That was my biggest takeaway.
That's the real score.
We voted for Beyoncé, so we won.
Yeah, here we go.
You guys picked Beyoncé. Okay, there you go. There you go.
Thank you, Wonderful Pistachios, for sponsoring this segment of The Vile Files.
Visit wonderfulpistachios.com to learn more.
All right.
Well, now it's time to talk about maybe one of the biggest stories of the year that dropped
right before Christmas.
Blake Lively filed the complaint against Justin Baldoni.
It is a wild complaint filled with text messages, emails, a lot of accusations about some very
weird and quite frankly disgusting behavior of
Justin Baldoni. And then the days that followed you had Justin Baldoni's
former publicist also sue Justin. There's text messages in there. It's a whole big
story about not only Justin's behavior but the industry in general. You have
publicists involved. You have media itself involved in kind of how
complicit they were. In case you aren't aware, Blake ultimately filed a complaint talking about Justin's behavior on set,
along with some of his other people who run the company.
So the people who don't know, Justin is, I think, CEO or president of his production company, Wayfair.
And that production company was the production company that produced the movie It Ends With Us.
Sony is the distributor in this case,
like ABC, like Disney,
it's there as the platform that distribute the movie.
They are in fact in charge of the marketing for this movie
you now come to find out.
So we'll go over the complaint in great detail.
We have later this episode Emily Baker
coming on this episode as As you guys know,
she is the former Deputy District Attorney of LA County and now the volatile's unofficial legal expert.
We'll get into the kind of legal aspects of this case. But just to start, in case you aren't aware
or you haven't read it, I honestly recommend anyone following this to read the complaint.
It's a very important read and is full of details?
I mean, it's a jaw dropping complaint
of things that you'll be shocked is out there.
So ultimately it seems like this complaint
is accusing Justin of sexual harassment,
retaliation of the workplace.
There's a lot of legal jargon that we'll break down
with Emily later this episode.
But it starts by kind of setting the stage
about when they started filming this movie, right?
And as many of you guys know, there was a writer's strike,
so they stopped down.
So they started filming this movie,
Blake and Justin interacted.
Apparently there were several complaints,
there were several, like, you know,
Blake was allegedly made to feel very uncomfortable.
And other cast and crew.
And other castmates.
They stopped down when the writer strike happened,
it seemed like, and there was then this big kind of
HR meeting that included Ryan Reynolds.
I think it's interesting to point out that back in August
when everyone was talking about the story,
and we kind of knew that at some point
Ryan Reynolds got involved, there was a lot of speculation that he took over the project and that
Ryan Reynolds and Blake Lively inserted their power and according to this
complaint it really comes down to Ryan Reynolds was playing the role of a
husband who is coming there to support his wife who is being harassed in the
workplace and there was this big meeting between Wayfair, Justin Belloni's company, the people involved, a lot of people in the cast, Blake, Ryan
Reynolds, and then Sony Pictures and the people who were running
this picture through Sony. And these were the list of things that I think it's
important to point out that Justin Baldoni and his business partner Jamie
Heath signed off on and agreed to, you know, they basically said, well, we don't see it the same way.
They agreed to stop doing these things
that Blake accused them of doing.
Right, and this list of 30 things,
they did not say, hey, none of this stuff's happened.
They said, okay, fine, we won't do any more of this stuff.
Well, I mean, to be clear, they were just like,
well, we see it differently.
We agree, you know, it was a very legal response.
But it wasn't, hey, I did not do that.
And it was, they signed off on it to continue production.
Because Blake said, I will not continue
if this stuff doesn't stop.
So.
So there was an acknowledgement.
Let's get into the stuff that Blake has listed in this.
Starting with number one,
no more showing nude videos or images of women,
including producer's wife to Blake Lively
and or her employees.
So we have Justin Baldoni showing, I think,
I'm not sure if people are grasping this,
but Justin Baldoni is showing Blake Lively
and her employees nude images, nude videos of his wife.
We come to find out later in the complaint
that Jamie Heath, Justin's business partner
and I think CEO of the company,
was showing birthing videos of his wife
kind of being fully exposed, fully nude,
without Blake's consent to see this very intimate video
of someone who wasn't in the room.
I mean, so it's like they're showing nude videos.
No more mention of Mr. Baldoni or Mr. Heath's previous pornography addiction or Blake Lively's
lack of pornography consumption to Blake Lively or to other crew members. No more discussions to
Blake Lively and or her employees about personal experiences with sex, including as it relates to
spouses or others. No more mention to Blake Lively and or her employees of personal times that physical
consent was not given in sexual acts as either the abuser or the abused.
No more descriptions of their own genitalia to Blake Lively.
No more jokes or disparaging comments to be made to Blake Lively and or her employees about HR complaints Wayfair
has already received on set or about missing the HR meeting.
No more inquiries about Mr. Baldoni to Blake Lively's trainer without her knowledge or
consent to disclose her weight.
No more mention by Mr. Baldoni of him speaking to Blake Lively's dead father.
No more pressing by Mr. Baldoni for Blake Lively
to disclose her religious beliefs
or unsolicited sharing of his.
If Blake Lively and or her infant
is exposed to COVID again,
Blake Lively must be provided with immediate notice
as soon as Wayfair or any other producers
become aware of such exposure
without her needing to uncover days later herself.
Keep in mind that when Blake Lively was filming this movie,
she had a newborn baby that she was being a mother to.
Breastfeeding, taking care of her kid,
all while working on set.
I think that's just important to acknowledge.
An intimacy coordinator must be present at all times
when Blake Lively is on set in scenes
with Mr. Baldoni, which there has been an interview resurfaced where the
interview asks about the lack of intimacy coordinator and Blake Lively
says that's not normal by the way. So proof that that did happen. No more
personal physical touching of or sexual comments by Mr. Baldoni or Mr. Heath to
be tolerated by Blake Lively
and or any of her employees as well as any female cast or crew without their express
consent.
No more improvising of kissing.
All intimate touch must be choreographed in advance with Blake Lively and an intimacy
coordinator.
No biting or sucking of lip without Blake Lively's consent, and all intimate on-camera touch and conversations must be in character,
not spoken from Mr. Baldoni to Blake Lively personally.
Blake Lively to have a representative on set at all times with a monitor
during scenes involving nudity, sexual activity, or violence with Mr. Baldoni.
All actors participating with Blake Lively
in intimate scenes involving her being in any state
of nudity or simulated nudity must be classified
as an active working actor, not friends of the director
or producers and must be pre-approved by Blake Lively.
So just a little context, the doctor in her giving birth
scene in the film was Justin's buddy.
Wasn't a working actor, wasn't casted by a casting director, it was his friend.
Later in this complaint, it reads how Justin Baldoni tried to convince Blake Lively
that it was uncommon for women to wear clothes during delivery.
So here you had Justin Baldoni, a man, trying to explain to Blake Lively,
a mom of three, a mom of four at this point,
what women do during birth.
And according to Justin Baldoni,
they all just strip down and get completely nude.
Which is not true.
And he was trying to convince Blake
to do that in a scene.
Where his friend would be on set.
No more filming of any Blake Lively nudity
without a fully executed SAG Blake Lively nudity without a fully
executed SAG compliant nudity writer in place. Any such footage already shot
without this writer in place and in direct violation of SAG requirements may
not be used without Blake Lively and her legal representatives prior written
consent. Any scene by Blake Lively or another performer depicting the character of Lily that involves
nudity or simulated sex must be conducted strictly in accordance with the above referenced
nudity writer and must adhere to the Blake Lively approved script.
An intimacy coordinator must be on set for all scenes involving nudity and or simulated
sex and must have a monitor
to ensure compliance.
No monitors to be viewed or accessible on set or remotely during closed set scenes except
by Blake Lively approved essential crew and personnel.
No more entering attempting to enter interrupting pressuring or asking Blake Lively to enter
her trailer or the makeup trailer by Mr. Heath or Mr.
Baldoni while she is nude for any reason. No more private multi-hour meetings in Blake Lively's
trailer with Mr. Baldoni crying with no outside Blake Lively appointed representative to monitor.
No more pressing by Mr. Baldoni to sage any of Blake Lively's employees.
Producer Alec Sacks to be given standard rights, inclusion, and authority per her job description
and as represented to Blake Lively when signing on.
Sony must have an active, daily role in overseeing physical production for the remainder of the
film to monitor safety for cast and crew, schedule, logistics, problem-solving, and creative.
Engagement of an experienced producer to supervise the safety of the cast and crew, schedule, logistics,
problem-solving, creative for the remainder of the shoot. Engagement of Blake Lively approved
A-list stunt double to perform Lily in scenes with Mr. Baldoni involving and or violence. Blake
Lively to perform only close-up work or work
from a Blake Lively pre-approved shot list and scenes with Mr. Baldoni
involving sexual violence. No more adding of sex scenes, oral sex, or on-camera
climaxing by Blake Lively outside the scope of the script Blake Lively
approved when signing on to the project. There are three more to this list,
as shocking as that may sound.
No more asking or pressuring Blake Lively
to cross physical picket lines.
No more retaliatory or abusive behavior to Blake Lively
for raising concerns or requesting safeguards.
And an in-person meeting before production resumes
with Mr. Baldoni, Mr. Heath, Mrs. Sacks,
the Sony representative, the new producer,
Blake Lively and Blake Lively's spouse, Ryan Reynolds,
to confirm and approve a plan for implementation
of the above that will be adhered to
for the physical and emotional safety of Blake Lively,
her employees and all the cast and crew moving forward.
So they signed off on all that and they said,
okay, agree, agree, agree, we'll stop doing all that,
let's resume filming.
Yeah, and so obviously Justin and his partner,
Jamie Heath were aware of Blake's frustrations
and so they continued to film and then as the movie,
you know, came out, Justin clearly wanted to get ahead of this
to protect his own image, and looks like he hired these mercenary publicists
that are professionals at creating these narratives.
It's also important to point out
that when they had this complaint,
part of the agreement was that Justin and his team
would not retaliate against Blake for voicing these concerns.
We now come to find out, according to this complaint,
that Justin and his team did quite the opposite,
that he did in fact hire these publicists,
these kind of crisis PR people.
It turns out what they really are good at doing
is crafting narratives, putting out hit pieces,
things like that, changing public sentiment.
They know how to create discourse and trolls,
they're dealing with Reddit, and then they find, we have all these text messages from these publicists
giving the proof that like this is in fact
what Justin Baldoni intended to do.
Before we get into those,
I think it is important to note that I know a lot
of another critique I had,
which obviously fell for the Justin Baldoni tactic,
was the way she was marketing this film.
I know we talked about it a little bit more with Emily.
So the marketing plan that Sony gave to everyone involved
was to focus on Lily's strength and resilience
as opposed to describing the film
as a story about domestic violence
and to avoid talking about this film
that makes it feel sad or heavy.
It's a story of hope.
So that was what they were all told,
hey, this is how you need to market this film.
It's also important to point out
because I know a lot of people have this perception of like,
well, Blake Lively, she's this big, famous,
powerful Hollywood person.
And there's no denying that she is super famous
and obviously has power.
But again, just like ABC,
when they're the distributors
of The Bachelor, for example, they're the ones who come up with the marketing campaign.
It's not The Bachelor, it's not even the producers on the show. There may be some input
and things like that, but ultimately Sony is a huge company. You guys have probably
heard of it. It's a massive entity. Whether you agree or disagree with their marketing
strategy, they're not going to Blake Lively, who in
this case is an actor and a producer in this movie.
She's an employee of this movie, right?
And so we all just assumed, and that was one of the big narratives that was out there back
in August when everyone was just taking Justin's side.
Everyone was just criticizing one person for the marketing strategy, and that was Blake
Lively.
They didn't even think to consider to criticize Sony or anyone else as part of the cast.
Everyone just pointed the blame to Blake.
We now come to find out that Justin was aware
of this strategy and didn't voice any complaints.
They did that to explain why they were not
doing any press with him.
They weren't photographed with him.
What the public did not know was that Mr. Baldoni
and his team did so in an effort to explain
why many of the film's cast and crew
had unfollowed Mr. Baldoni on social media
and were not appearing with him in public.
To that end, he and his team used domestic violence
survivor content to protect his public image
as described in further detail below.
So it was all a ploy by Justin and his team
to ruin, end quotes, ruin Blake.
Another big narrative that was going out there
back when, again, was speaking to the power
that Blake and Ryan allegedly have
and that the only reason that the entire cast
was siding with Blake is because they wanted
to side with the alleged most more powerful.
Stories literally came out.
When everyone else was focusing on Blake giving interviews
and how she handled herself being pregnant
and whether she was rude 10 years ago
in a particular interview here or there,
well everyone was focused on that.
They were just dismissing any type of information
that came out that suggested Justin
might have
been behaving inappropriately and it was always like oh well Blake and Ryan are
just too powerful. We come to find out Justin's business partner, multi
billionaire, who is the major financier of Justin's company. He's also his friend
and also is part of the same church group. So they're very close. In here
alleged that at the premiere Wayfair's co-founder and chairman and leading financier
is multi-billionaire named Steve who divulged at the film's New York premiere on August
6, 2024 that he was prepared to spend $100 million to ruin the lives of Mrs. Lively
and her family. Imagine that.
I don't even know what Ryan and Blake are worth,
but I don't think it's billions of dollars.
And if you had a person worth billions of dollars
make a threat like that,
they were willing to spend $100 million
to destroy you and your family's lives,
how scary is that?
What does that even mean?
I think it's also, I remember people saying like,
oh, Ryan's on set because he's trying to take over this film.
And it's like, can you imagine being on set with someone
who makes you feel so uncomfortable,
who's doing all of these things to you?
The one person I would want by my side is my husband,
is the person who I feel the most safe with,
the person who I feel protects me the most. the person who I feel protects me the most.
That's who I want with me every single day
while I have to interact with this fucking creep.
And he showed up and the entire internet was like,
no, he's not being a husband, he's just abusing his power.
And it's like, everyone wanted to think of it
as a power play.
The internet wanted to find every reason and excuse
not to believe Blake Lively for whatever reason.
I think we need to get honestly into some of the
screenshots that were subpoenaed by his publicist
and this crisis PR manager's phones.
Jennifer Abel and Melissa Nathan,
Justin Baldoni also has a couple of texts mixed in
with these, but these are I think very telling. I mean,
I think honestly one of the ones that to me was the most shocking was when Justin Baldoni
texted Jennifer Abel a screenshot of a tweet and it has pictures of Hailey Bieber. And
the caption of it is, Hailey Bieber's history of bullying many women, not just Selena Gomez throughout the years thread.
And he sends that screenshot to his publicist and says,
this is what we would need.
So he wants to put out any history of,
end quotes, Blake Lively bullying other women.
His publicist responds with, yes,
I literally just spoke to Melissa about this on the break,
about what we discussed last night for social and digital.
Focus on Reddit, TikTok and Instagram.
So here they are.
They're just apparently like the playbook is to, you know, put out this information,
have these blogs, these threads, start, start creating the conversation through these bots.
You put it out there and you try to have people
organically try to like latch onto this.
And it like, it completely seemed to work.
They retained a subtractor,
including a Texas based contractor named Jed Wallace,
who weaponized a digital army around the country
from New York to Los Angeles to create,
seed and promote content that appeared to be authentic on social media platforms
and internet chat forums.
The Baldoni Wayfair team would then feed pieces
of this manufactured content to unwitting reporters,
making content go viral in order to influence public opinion.
I didn't even know this was possible,
but they have hired this person to put a shit ton
of likes on something, a shit ton of views person to put a shit ton of likes on something,
a shit ton of views, to put it on your for you page, to make it seem like it is the most viral
piece of information that has ever gone out there. When in reality, it's just like some guy in his
basement clicking away on his computer. It's all false. None of it is genuine. But Justin
Baldoni's team sent out a large, wide email text saying,
Hi team, so far, extremely limited pickup on Daily Mail or page 6.
We'll continue to keep an eye out and send pieces as needed.
But so far, it's been steady coverage on pure speculation.
We've also started to see a shift on social due largely to Jed and his team's efforts
to shift the narrative towards shining a spotlight
on Blake and Ryan.
Again, we'll continue to send links and screenshots,
but wanted to send an update in the meantime.
The same day, Melissa Nathan,
who is this Crisis PR team working for Justin,
texts Jennifer Abel, his publicist,
the majority of socials are so pro-Justin
and I don't even agree with half of them.
LOL.
Like his own people are like acknowledging that like,
again, they're just hired guns, they're mercenaries.
They're just here to do a job.
They don't even care what they actually think.
They're just collecting a paycheck.
Oh, but just wait because it does get worse.
Melissa then says,
he doesn't realize how lucky he is right now.
We need to press on him just how fucking lucky.
The whispering in the ear, the sexual connotations, like Jesus fucking Christ, other members feeling uncomfortable watching it, I mean there's just so much.
Like so there they are, his own team, acknowledging that what they've heard and what they know to have happened on set. Bullet point 32 speaks to that.
On one occasion, Mr. Baldoni and Miss Lively
were filming a slow dance scene for a montage
in which no sound was recorded.
Mr. Baldoni chose to let the camera roll
and have them perform the scene,
but did not act in character as Ryle.
Instead, he spoke to Miss Lively out of character as himself.
At one point, he leaned forward and slowly dragged his lips
from her ear and down her neck as he said, it smells so good. None of this was remotely in
character or based on any dialogue in the script and nothing needed to be said because again there
was no sound. Mr. Baldoni was caressing Miss Lively with his mouth in a way that had nothing
to do with their roles. When Miss Lively later objected to this behavior, Mr. Baldoni was caressing Miss Lively with his mouth in a way that had nothing to do with their roles when Miss Lively later
Objected to this behavior. Mr. Baldoni response was I'm not even attracted to you
That's not even in the script. You're just like
Adlibbing
Cameras aren't even rolling like this isn't part of the fucking film and you're like touching all over this married woman who has four children
of the fucking film and you're like touching all over this married woman who has four children?
So obviously we saw a lot of these headlines come out, a lot of them obviously people believed, one of them being, is Blake Lively set to be canceled? String of hard to watch videos that have
surfaced following in quotes tone deaf Q&A to promote It Ends With Us could tarnish 36 year
old stars golden Hollywood image for good.
Melissa Nathan sends this article to Jennifer Abel, and Jennifer Abel says,
wow, you really outdid yourself with this piece.
Melissa says, that's why you hired me, right? I'm the best.
So here they are saying, like, yep, we're planting this shit, we're putting this shit out there,
we're trying to make our client look good and Blake Lively look fucking bad. None of this is genuine. None of this is real. I think
that's what's so crazy to grasp is that like, you know, people have said for years, like,
don't believe everything you see on the internet. And it's couldn't be more true now is like,
how many of these have happened? And this Melissa Nathan, her sister being a writer,
reporter for all of these publications have written so many
terrible articles about so many people
and we just believe them because, oh, it's a headline,
it's in the media, it must be real.
No, these people are just paying them to do this.
Another detail, on the day of shooting the scene
in which Miss Lively's character gives birth,
Mr. Bodoni and Mr. Heath suddenly pressed Miss Lively to simulate full nudity.
Despite no mention of nudity for the scene in the script, her contract, or in
previous creative discussions, Mr. Bodoni insisted to Miss Lively that women give
birth naked and that his wife had ripped her clothes off during labor. He claimed
it was not normal for women to remain
in their hospital gowns while giving birth.
Ms. Lively, not normal.
Here is a man telling a woman what is normal
for women to do in childbirth.
Huh?
It's ridiculous.
When the birth scene was filmed,
that scene was chaotic, crowded,
and utterly lacking in standard industry protections
for filming nude scenes.
While filming the scene, Mr. Heath and Mr. Baldoni
also failed to close the set
while allowing non-essential crew to pass through
while Ms. Lively was mostly nude
with her legs spread wide in stirrups
and only a small piece of fabric covering her genitalia.
Among the non-essential persons present that day
was Wayfair co-founder Mr. Sorowitz,
this is the billionaire business partner of Mr. Baldoni, who flew in for one of
his few set visits. Miss Lively was not provided with anything to cover herself
up between takes until after she had made multiple requests. Like I'm sorry you
can hate Blake Lively all you want, you can think she's a mean girl, you can
think she's annoying, you can think she's this and that.
But you cannot tell me that Justin Baldoni
is a warrior for women and a feminist
and cares about women when these are the environments
he's putting women in.
Like it's just, it's black and white.
It's not gray.
It's not confusing.
It's not, well, what about,
it's clear as fucking day.
He doesn't give a fuck about women if he's making her do these things.
He's adding in, like, after, after Blake signed onto the movie based on a draft of the script,
Mr. Baldoni, without Ms. Lively's knowledge or consent, personally added graphic content,
including a scene in which Ms. Lively was to orgasm on camera?
Like, what the fuck?
And then he added them because he was making the film,
in quotes, through with a female gaze.
Again, he is explaining to Blake Lively
and justifying him being a creep
because he understands the female gaze,
the arrogance of this person.
Like again, the utter gaslight of this whole man to just make you feel
like, huh, what is going on? Like you know what I'm saying? Imagine going to this place of business,
this work, where the director slash actor, and I also saw this tweet out there that someone pointed
out, the self-identified feminist ally towards women is head of a company that bought the right to a movie about DV. Then he's directing
this movie and casted himself as the lead male abuser in this movie. Which, I
don't know, I guess. But that's a weird thing to be like, you know what I should
play, I know that I, huh? Like, why are you so compelled to play this character? I
don't know. Maybe that's nothing, but now that this information has comes out,
doesn't it? I don't know, even that is a bit weird. This is
incredibly disturbing. During a car ride with Miss Lively, her assistant and
driver. So we have two witnesses to this allegation. Mr. Baldoni claimed to Miss
Lively that he had been sexually abused by a former girlfriend which has since
been shared publicly. At the end of the story, Mr. Baldoni shared that it had
caused him to re-examine his past. He then said, that I always ask for consent?
No. Justin said, did I always listen when they said no? He replies, no. What? Huh?
There's so much more in this complaint that Justin and Mr. Heath and all of these people
involved with Justin have done.
And there's proof and there's other people to corroborate that it wasn't just Blake Lively,
it was her employees, it was other cast and crew. It was so many people that these two men, Justin
Baldoni and Jamie Heath made feel so uncomfortable that there's just no hole to poke. Unfortunately,
there is no hole to poke. And we're going no hole to poke, and we're gonna link this in our bio.
You can click it, you can read it for yourself.
There's also the complaint of Justin's former publicist
who's also suing Justin, and in that complaint,
there are also text messages of the hired,
the other two publicists.
Jennifer Abel and Melissa Nathan.
Thank you.
And even in that complaint, there are text messages
between those two women even in that complaint, there are text messages between those two women
verifying that they,
those two women even thought that Justin was creepy
and weird and they didn't respect who he was.
They were literally just hired guns.
I mean, it is crazy how well known it was
behind closed doors,
just how much of a creep Justin was.
And his own hired guns that worked for him
and their messages between each other
are verifying this in a conversation.
Again, it's in a complaint that we will add
to the description of the episode.
You should check it out.
Obviously a lot of people have reached out to me
to remind me that unlike most people on the internet,
I got it right way back when.
To me it's less about that I was right
or that I pointed things out.
It was more just how quickly people were
to not want to believe Blake over nothing.
You know what I'm saying?
Like stories were kind of coming out
and questions were being raised
about why is the cast separating themselves from Justin?
And the internet wanted nothing to do with it.
It was complete.
Everyone dismissed anything negative about Justin
as Blake trying to control the narrative.
We were dissecting these interviews of when she was pregnant
about over nothing.
We were so quick to dismiss that.
And again, it wasn't like I was out there saying,
back in August when I was saying,
hey, I'm not sure if we should just side with Justin.
I wasn't out there being like Blake Lilley till I die,
like that I was just like Team Blake no matter what.
I wasn't even saying,
I wasn't even necessarily agreeing with her.
I was literally just saying,
hey, maybe we should just like ask different questions. Maybe we should
consider the possibility that despite whatever you might think of Blake or however she handled
herself in old interviews, maybe we should consider the possibility that there's another reason why
the entire cast has separated themselves from Justin. And you all were like, shut the fuck up.
We want nothing to do with it. And again, it's really eye opening on the industry itself,
media, outlets, it's like, why is it even,
I think there's also an acknowledgement
that hit pieces exist.
There's been mention of hit pieces,
there's been mentions of narratives,
but it's like, no one, it's always like this thing that,
oh, that doesn't really happen, they're not hit pieces, they're just, it's the truth.
We're just getting the story out, you know?
And now you can't read these complaints
without a clear acknowledgement that spin is a real thing.
These writers are like willing and able
to write what you need to write them
for the right amount of compensation,
or if your interests are aligned.
It's a crazy story that I really think
it's just the beginning.
I hope it's a valuable lesson that we all learn.
Obviously that's a lot.
I think Emily Baker can really break down
the legality of all of this, so we should get to her.
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Emily, welcome back to the show.
Thank you for having me, I'm glad to be back.
It's so good to be with you.
First off, happy holidays, happy new year, all that fun stuff. Welcome back to the show. Thank you for having me, I'm glad to be back. It's so good to be with you.
First off, happy holidays, happy new year,
all that fun stuff.
I know, it's been a good holiday.
I tried to take a break and then lawyers are filing lawsuits
on Christmas Eve.
So Merry Christmas to everyone but them.
Yeah.
Obviously very wild.
As you know, like you said, this complaint broke,
I think a couple of days before Christmas.
Kind of shock the world as we just talked about. as you know, like you said, this complaint broke, I think a couple days before Christmas.
Kind of shock the world as we just talked about. But as always, it's always great to
have you on to kind of break this down in layman's term to kind of understand this complaint
as a whole. And then we have the complaint from Justin's former publicist also suing
Justin. It really paints this kind of crazy story. I know you've gone through it in full
detail. I guess I just want to hand it over to you and kind of crazy story. I know you've gone through it in full detail.
I guess I just want to hand it over to you
and kind of get your thoughts on the complaint as a whole.
And then we'll ask some questions in terms of
how does this come together and things like that.
I mean, it's quite a lot between the lively complaint
and then the Stephanie Johnson complaint.
You've got a lot of receipts in these complaints,
which the lawyers clearly
took their time to go through, celebrate extractions. The text messages are formatted like they
came from a cell phone extraction, which we later learned that they did. But with the
Blake Lively complaint, that is not a lawsuit yet. I've seen a lot of confusion about that.
It is a complaint filed in California with
their civil rights division, which is a necessary step before you can bring a complaint for
workplace harassment. So this is a necessary first step. People, I've seen a lot of chatter
in my comments, in my DMs, people saying, well, if this had all the receipts, why not
just filed as a lawsuit? Well, you can't until it goes through that process because it is a workplace lawsuit.
And I think that's really the best place to start is the misunderstanding of, well, if
it had all these receipts, why not just go ahead and file it?
Well, because you can't for the type of litigation that it is, and that is a workplace harassment.
So whether they want to file in federal court or in Los Angeles Superior Court, they have to go through this first and either go through
an investigation with the California Department of Civil Rights or they have to go and get
a right to sue letter, which means the California Department's not going to investigate and
then they get a letter saying go ahead and sue and then they can go ahead and sue. Gotcha. So is this public information for everyone to look
up if they want to? Because that was my understanding that lawsuits are public
information but are complaints always public and if not like how did we become
aware of this complaint? It was like the New York Times I think initially
released something. How does that all kind of come to be? It's such a great question. Once things are filed in the court system, then they're accessible.
And you'll see this in New York, where sometimes you'll see a complaint that has a bunch of
red text on it saying that it hasn't even been approved by the clerk yet. The public
can still search those. This complaint was filed with the Civil Rights Board. That's
an administrative action. Those aren't public and searchable.
We have it as a public because the New York Times
chose to link the entire lawsuit.
So the New York Times had it and they chose to link it,
but you can't go to a court website right now
and find this because it hasn't been filed in court yet.
So no, it's not public, it was given to the New York Times.
I was struggling, obviously you have to pay for the New York Times, which I am now subscribed to.
But when this complaint first came out, someone had sent me the link because I hadn't paid
for New York Times.
I hadn't read the complaint.
And I was like, Oh, I'll just put this on my story.
And ended up having like 14,000 people click on it to read the complaint from my story
because it was like so hard to find just on Google.
Yes, it was. It was incredibly hard to find. And that's because the New York
Times had it. And this is not uncommon. We saw this in the Britney Spears
conservatorship all the time, where TMZ had things before they hit the court
website and before opposing counsel even had them. So is this anything new? No,
not at all. This happens all the time that somebody has it
ahead of it hitting the public docket.
I've seen a lot of like, why now?
You know, like if it happened so long ago, why do it now?
Why has it, I mean, I'm sure there's a process.
I feel like all legal stuff takes forever to happen.
So like, what is that process
and why did it happen three days before Christmas?
I mean, this is actually pretty fast because a lot of what's being complained of is the PR
campaign as the movie was launching in August. So we're not really that far away from what happened
during the PR push for this movie. And if you look at all of the text messages, not only does
that take time to extract a phone,
but it also takes time to dig through sometimes tens of thousands, if not hundreds of thousands of text messages.
And from the subsequent complaint with Jonesworks, the PR company,
we learned that that cell phone extraction was from a work phone from a active working publicist.
So if that's a work phone, you can only imagine how many text
messages we're talking about that they were digging through to make sure that A, they
understood everything and B, they had all the information. So in the scheme of litigation,
this is pretty fast. And with Blake Lively's complaint, there was an entire HR process
that happened before this movie even released to the public. So that HR process
was going on before the movie resumed filming after the writer's strike and the sag strike.
So there was that entire PR or HR process. And then they finished filming and then the
movie got released and then there were further problems. And then this started getting investigated. So it was complained about in proper channels
and in proper course, but not publicly.
It seems that the reason that the lawsuit came about
is because the internet was like,
hey, it's kind of weird that y'all aren't
in pictures together.
And then that caused all of this to spiral out,
or at least that's what it seems like to me.
Yeah.
I think it's been floating out there
in terms of like how they came to accumulate all these text
messages but like I don't know what's accurate out there or what's just
misinformation. How does someone get these text messages especially now as
you're explaining it it's not even at the lawsuit level so yeah how does that
come to be where they can pull these messages from whoever?
There's a couple options,
but since we have the Jonesworks lawsuit
that was filed Christmas Eve in New York,
we know that they said they were subpoenaed
and then gave them over.
However, if you are employed and you have a work phone,
your employer,
depending on what your employment contract says,
can extract your phone and give those to people.
Whether or not there's a subpoena, depending on what your employment contract says, can extract your phone and give those to people,
whether or not there's a subpoena, depending on what your employment agreement says and
depending on where you live, of course. But that's not your property, that's your employer's
property. If your employer wants to go through and read all your emails, they can go through
and read all your emails. But there are a lot of processes in different courts, and
California is one of them, where before there's even a public lawsuit, you can still get legal subpoenas.
And we saw the lawyer for Baldoni and others say,
well, my clients weren't subpoenaed.
Well, right, because the employer is the one
who turned over the text messages and is now also suing,
which they can do.
Like your work stuff isn't private.
Interesting.
Huh.
And so in Joan Jones works is the employer of Justin's former
publicist who's also suing Justin.
Did I get that right?
Yes.
So Jones work and Stephanie Jones employed Jennifer Abel
and then Jennifer Abel brought in that other PR crisis manager.
Right.
And so we've got what seems to be Jennifer Abel's phone and probably
emails as well because in the complaint with Blake Lively, it looked like there were some
emails pulled as well. So her employer would have gone through all of that and pulled all
of her emails, all of her delete history, all the rest of it. Because Jonesworks seems
to be a company of enough size that they have an IT department or an IT person that's doing
all of that for them.
That's kind of crazy for all the Machiavellian kind of maneuvering that Abel and Nathan were
doing.
Abel sounds like she was simultaneously kind of stabbing her employer in the back while
also still communicating via her work emails and phones.
It's just like they were so smart but incredibly
stupid at the same time. It's kind of fascinating.
It happens quite often. I covered the Alec Murdoch case out of South Carolina quite a
lot. And when news agencies did a Freedom of Information Act request for the court clerk
who is in the middle of all kinds of mess for what she was doing. All of the stuff she was up to was in her publicly available emails
because she's a government employee.
So all the stuff she's emailing back and forth,
and Jers' cell phone numbers, and Nancy Grace's cell phone number,
and all of this other stuff, she's emailing back and forth
from an email that can be FOIA requested.
It's wild. People don't think that their employers will actually get their emails.
They will, and they probably also have AI programs that are tracking keywords too. requested. It's wild. People don't think that their employers will actually get their emails.
They will, and they probably also have AI programs that are tracking keywords too. So yeah, your
work emails aren't private ever.
What are some of the things that you have noticed the press and their coverage of this
complaint? You know, what have they missed or what have you noticed that people aren't
picking up on or, you know, things that are really standing out to you?
One of the biggest things is people still think that it's a lawsuit. Not all the press
is accurate in that and talking about the process, but also not a lot of the press,
especially the non-legal coverage of it, doesn't talk about the fact that this is a necessary
step before you can sue. Like this isn't a, oh, it'd be nice if this is
a, you must do this. Or if you bring a lawsuit, it'll just get thrown out if you haven't obtained
that right to sue letter. And I haven't seen a lot of people talking about what a really
a interesting employment law lawsuit this is, which I realized saying it out loud is
a deeply nerdy thing to say, but employment litigation is
incredibly interesting. In California, it's very employee friendly. In this situation, Blake Lively is the employee and
really she's suing for workplace retaliation. They cover the allegations of sexual harassment a lot,
but this is really at the heart a
sexual harassment a lot, but this is really at the heart, a retaliation lawsuit where Blake Lively went to HR,
had HR meetings and said, hey, it's not okay with me
if people just walk into my trailer while I'm nursing.
And hey, it's not okay with me if people are all on set
for scenes that are sex scenes or where there's nudity,
which is incredibly common that those are closed sets.
Hey, it's not okay with me that people want to be in here
while I'm having body makeup put on or removed, you know, really reasonable boundaries that happen on movie sets all the time. But the PR campaign after that is being alleged as workplace retaliation for going to HR.
When you say retaliation, to be clear, this is not like when you say retaliation suit,
it's not Blake retaliating.
It is, you're saying Justin and Wayfair,
or his company or whatever, they retaliated towards Blake
for voicing her concerns about onset behavior
and things like that.
Just wanna make sure, like, we're not saying Blake.
Thank you for clarifying, yes.
Blake's retaliating.
Absolutely, we're using retaliation in the very legal sense of the term because this is retaliation is actually
the cause of action in California if you go to HR and say hey this is happening in the
workplace and then you turn around and get fired that's kind of your classic case of
workplace retaliation you complained against something and then you were the one punished
for it so Blake Lively is alleging she brought up issues in the workplace and then she was the one punished for it.
But in a very Hollywood blacklisty kind of a way with a PR smear campaign.
It's not a we're gonna fire you from this movie, but we're gonna damage your reputation.
And it seems to me from the lawsuit, this is my opinion, twofold.
We're gonna damage you so you're untouchable. So you can't host Saturday Night Live.
So you can't go meet with Target about your brands.
And we're going to damage your reputation enough
that if you voice these complaints
about the work environment on set,
no one will believe you,
which is really the most nefarious part of all of this.
It's not discussed quite a lot
is damage her reputation enough that if these allegations ever came forward she
wouldn't be believed because people would be like yeah but we hate Blake
Lively. Which is wild and also seems to have worked.
Yeah I mean like we discussed earlier I mean when this was all coming out and
we're here on this show kind of saying, hey, just like, let's just maybe hold off
and consider other narratives.
I mean, there were stories finally getting out there
about the possibility of Justin's behavior on set.
And the entire internet was like, we don't care.
Nah, we're not interested.
It's like on any other day, with any other allegation,
it would have been major news. But yet, like at
that point, Justin's team seemingly got ahead of it so
quickly and created such a, I guess, compelling narrative
online with all these kind of trolls and all these maneuvering
that they were doing and even know how they did it. But they
were so successful that even in the mention in the complaint,
how even
the people working for Justin were almost shocked how successful they were, how dismissive
the entire internet was of Blake and the possibility that Justin might not be behaving as he should
on set.
It was just a complete dismissal.
Yeah, no, and not just the internet, but also traditional media outlets that would normally
cover allegations of something going on on set.
Social media raised the red flags like, hey, isn't it weird that the author of the book
who sold the rights to the book to Jason Baldoni and Wayfarer isn't with him on any of the
press?
What happened?
Hey, Blake Lively and the rest of the cast aren't with the producer of the film.
And then they really spun that narrative that, oh, well, he doesn't agree with the way they're
promoting it, which wasn't their plan, was Sony's plan because Sony was the distributor.
Did that plan go well?
No.
Is that Sony's plan that they were contractually obligated to fulfill?
Yes.
And that's in the lawsuit too.
So I think the lawsuit
from Blake Lively or the complaint, I'm going to use the words interchangeably
because my brain is so lawsuit oriented, but the complaint from Blake Lively lays
out that this was Sony's marketing plan, which I think was kind of affirmative PR
on Lively's side showing, hey, the narrative was Justin Baldoni didn't agree
with the way that they were marketing the movie, but that's not even
factual because this was the Sony marketing plan. This wasn't rogue or unheard of or unknown to him.
This was the marketing plan from the distributor of the film from the get-go. He spun the narrative
that, oh, I just, I don't want to be associated. They're treating it too lightheartedly, which
I do think was a fail on Sony's part, But that's not necessarily the issue of the cast.
I mean, I remember I fell for that, like when all of this was going on.
And I've I remember being like, as someone who's been through domestic violence,
like, yeah, I don't love the way that Blake is talking about this.
You know, it's not. And then come to find out like that's she was doing her job.
And Justin was maliciously breaking contract
to make her look worse.
That's what's crazy about it too.
And to Nellie's point, I guess even I fell for it.
I mean, I certainly had my opinions about Justin,
but I wasn't as familiar with the contents of the book,
but I have a basic understanding of how Hollywood works,
the difference between a distributor
and a production company versus an employee. But there's this perception of, oh, if you're a big celebrity, you have this immense
control and power and everything you say, you get your way. And that was just kind of the narrative
that was spun in the sense that like, yeah, here you have Sony, massive company, legacy company,
everyone around the world has heard the name Sony. We knew that Sony was the distributor,
and yet we just all just assumed that if Blake was talking
and promoting the book this way, it must be Blake's choice.
And it can, you know, and we just all, the internet,
when I say we, blamed Blake for it.
And then to Nellie's point,
what makes it even more sinister is that
there's no documentation out there or suggesting that,
like, Justin went to Sony
and said, hey guys, I disagree with this.
Like everything we've read or understand
is that Justin also signed off or at least agreed
or at a minimum didn't voice a complaint
about him disagreeing with how Sony was planning
on marketing this movie.
He just behind everyone's back made a decision on his own
knowing that it would, how it would come across
and make Blake look the way he successfully made Blake look.
Which is so sinister, especially when you consider
the platform that Justin has made his entire career about
and the fact that like he went behind her back
knowing the optics of, you know,
it's like he was so self-aware about how people respond
to these types of conversations regarding DV
and domestic violence, for him to set up the woman
in this situation to make her look the way he made her look
is so, it's sinister, it's like really dark.
It's really, yeah, it's hard to be like,
oh, he's such a warrior for women,
and oh, he's such a feminist, and then to be like, but you he's such a warrior for women, and oh, he's such a feminist,
and then to be like, but you did this to a woman.
How can you say that's who you are?
He weaponized the whole movement around her
just because he's been so involved in the movement
and kind of understanding how people respond
to certain messaging.
I mean, the whole thing,
there was this clip that went around viral a lot, and it was just
like Justin on the red carpet, and he was just like, it was in a couple interviews,
because clearly this was something that he had crafted, you know, and that was my whole
issue with Justin when I interviewed him, was like, this guy just, my perception that
he talked in talking points, you know, and so when he's saying, you know, we have to
stop asking why do women stay and start asking why do men hurt, that's a great question, you know?
But it's, again, it's just a line. It's a punchy line. It sounds really
great in sound bites. And then we heard it in sound bites and everyone on the
internet is hurting. Oh yes, that's a great question, Justin, of course, you know?
And it's just like he just so carefully crafted this narrative, at least that's how it comes across, in a way that's just so he so carefully crafted this narrative,
at least that's how it comes across,
in a way that's just so like when you really,
when you take a step back and you look at all the details,
it really paints a very icky picture
about like how this all came to be
and just how dark it was considering the platform
he built his entire reputation on.
Well, the lawsuit is written to leave a picture.
And again, the lawsuit, I always say lawsuits are allegations in shade.
And again, complaint interchangeably, I think this will be a lawsuit soon.
I think once we are out of the holidays,
the California Civil Rights Division is going to be like,
you go sue, we want nothing to do with this.
Enjoy that. And I think we'll see this get filed
in the new year in the courts in California.
But government agencies are on that weird, enjoy that. And I think we'll see this get filed in the new year in the courts in California. But
government agencies are on that weird, we don't know what day it is, and we're quasi working
right now. So that's not going to happen until the new year. But it's written to really say,
they went after destroying her reputation so she wouldn't be believed about sexual harassment in
the workplace. Like it really is a,
oh, well, we think the internet doesn't want to believe
women in the first place.
And let's double down on that.
That's our PR strategy.
Let's say that she weaponizes feminism
and that she and her husband are incredibly powerful.
But when we talk about that campaign with Sony,
it seems to me,
and you guys would probably know better than I would,
that he would be in the best position
to have input in the marketing plan
as the person who owns the rights
to the story in the first place,
and is producing it, and is directing it.
It seems that he was in the position
to change the direction of marketing vis-a-vis Blake Lively,
who, though probably more powerful in Hollywood,
I don't know if her input would have been as well taken
on that with Sony as his would.
So it seemed that he could have had that off
at the beginning.
What do you feel like was the most shocking to you
when you first read the complaint?
The first one.
That everything was in text messages.
Right, no.
That everything was in text messages.
And I don't, look, people are gonna say
the text messages are altered.
If they are, it will come out in the wash because all of this is going to get heavily
litigated.
We're going to see lawyers in the media throwing mud at one another.
And we've seen a number of PR professionals and crisis PR professionals thrown into the
middle of this.
None of their clients can be happy that their names are in the news.
Like nobody who works with PR, I would imagine wants their PR to be the story.
I imagine PR doesn't want them to be the story.
I mean, it's interesting enough,
PR and just media in general is the story.
And like in a very, not even that indirect way,
these various publications and how they covered this story,
I think are very much kind of-
In the spotlight? In the spotlight.
In the spotlight, you know?
Like how did, you know, again, Page Six, E News,
Us Weekly, People Magazine, how did they choose.
Business insider.
Or not choose to cover this story.
And I just think it's really, you know, fascinating, scary,
I don't know, but again, this shines in an entire spotlight
on the industry as a whole. And it's like, as someone who's worked in this space a little bit,'t know, but again, this shines in an entire spotlight on the industry as a whole.
And it's like, as someone who's worked in this space
a little bit, I have friends in press and things like that.
And every once in a while, there'd be an article
that would come out about me,
and then I would see a picture, and I'd be like,
why did they choose this picture?
And I look so stupid, and I would talk to my friends
who worked at E! News or whatever,
I'm like, why do you guys do this?
And they always would play dumb.
It's like, what are you talking, this? And they always would play dumb.
It's like, what are you talking, oh no,
they're just random, everything's random.
And I'm like, no it's not.
And it's just like, they wouldn't even admit it,
but it's like an acknowledgement
that nothing in this space is random.
It's an acknowledgement that hired guns
in publicity is a thing,
that you can craft narratives, pro, positively and negatively.
It's just like-
It's like a negative story about Blake.
They're choosing a photo where she's like
not quite smiling yet because she looks a little bitchy.
Yeah, right?
And it's all very carefully crafted.
It's the thumbnail.
It's the thumbnail photo.
It's the shady thumbnail photo.
The media crafted it first, YouTubers just stole it.
Yeah, my hope is that it's a wake-up call to all of us
as consumers, as fans of entertainment,
that we can no longer,
and in a way I feel like the headline business
is under review, so to speak.
The fact that we get our news in headlines,
the whole short clips on the internet,
that's where we get a lot of our information,
how we craft our narratives,
and I hope that this, you know,
what eventually we assume will be a lawsuit,
will shed a light on just how, as viewers,
we consume information.
Again, the entire internet, essentially,
just was so quick to dismiss the woman in this situation
off of nothing, off of a handful of interviews
that were suggesting that maybe she's kind of rude,
you know, and that's all it took for us
to completely dismiss the victim in this scenario
and believe someone who said some nice things
every once in a while.
And we got that information from headlines
and a couple like clips on the internet,
and it wasn't by reading all the information
or really asking the sound questions
or paying attention to what was happening.
We were just rushing to assumptions
and just getting our information secondhand.
And I hope it's a wake up call
for how we digest this information.
Two things can be true.
If Blake Lively was rude in interviews
or if people interpreted it as rude in interviews or if people interpreted
as rude in interviews and, you know, press junket days and had not great
interviews, it doesn't mean she wasn't harassed in the workplace.
And you can't harass somebody in the workplace because they've ever been rude.
I'm sure everybody in the world has been rude at some point in their life.
Whether that's been on camera or not is different. But we all have less than great days, but that doesn't excuse or forgive what
happened, but the internet went that direction with yeah, but maybe, maybe
don't be rude in the text messages in the lawsuit.
It was, yeah, I kind of hate how much the internet just wants to shit on women.
And then the last one was, yeah, but maybe don't be a see you next Tuesday, though. And so even the PR company or the PR agents that are being sued were
like, yeah, but it's fine with us. Because like, you know, she deserved it was basically
what those text messages were saying. And that's pretty awful. And when we saw the second
lawsuit, you saw that even more because the second lawsuit
took every opportunity because lawyers are shady AF and we love gossip.
Lawyers love nothing more than gossip.
And the second lawsuit from JonesWork PR has all the tea, but put in all of those text
messages of how much the PR agents that are being sued in both lawsuits
dislike Justin Baldoni. It's all in there. They don't like him at all and they don't
really care. They're like, this is our client. This is our job.
What's crazy about the whole point of like, all she did was be rude. It's like, you don't
have to be perfect to be a victim. You know, like, you can be a terrible person and you can still
bad things can happen to you and you can still be victimized. And it's like the fact that
people are like, Oh my God, she was mean she was rude. Like, there's no way that like he
would do this to her is the craziest thing to me.
It's hard because the way our court system works is that when you're the one suing or
in a criminal case, when you're the one making
the complaint or when something happened to you, you are the one it feels like on trial.
And we've seen this in any high profile trial you watch, you will see that people are picked
apart everything they've ever said, every text message, it is part of how our court
system works.
And I think the broader society has kind of taken that on in questioning some people and
not questioning others. And I think there's a difference between questioning circumstances
and discounting what somebody is saying happened. But the court system is so adversarial, it
makes it really difficult for people to sort out the two and that two
things can be true at once, especially in civil litigation. And that's because in most
civil litigation, you have a portioned liability. So if you're looking at a car accident and
somebody's going through a yellow and somebody else makes a turn, lawyers are going to be
like, this is a terrible analogy, but you can apportion fault, like who's 51% more at
fault.
So our civil litigation system is very much set up to be like, okay, what did you do?
What did you do? And how did we get here? But that doesn't always work cleanly in employment
litigation when you're dealing with allegations of sexual harassment. It's not what did you
do? What did you do? How did we get here? It's what happened? Did you go through the proper forms to complain? And then where are we? So it's, it's difficult because when people come
forward, they aren't ever going to be perfect because no one is perfect. Um, how they express
themselves in court is going to be what matters the most. But at the DA's office in LA, we often
talked about with the juries, look, if you have a crime that happens in hell, your witnesses aren't angels.
Like that was the kind of the core principle.
If you have these horrible things happening in these horrible situations,
the people who are also there have their own stuff going on.
It doesn't mean they didn't see what they saw.
To that point, Emily, you kind of referenced it a few times, just so the audience kind of understands how this all works.
When Blake and her team are considering even filing this complaint that inevitably we assume
is going to lead to a lawsuit, what are things that they have to consider?
Because what I'm hearing from you is that even if you're the person suing, once it goes
to the lawsuit,
everyone involved is exposed, so to speak, right?
So if Blake is suing Justin, I'm assuming they really
have to have their ducks in a row, so to speak,
because if, for anyone out there questioning Blake
or saying, oh, we don't believe her,
or trying to poke holes in this complaint,
what would happen if, let's say,
they weren't telling the truth?
I guess what I'm saying is, what do they have to consider,
and how detailed do they have to be,
and how would they be exposing themselves
if for some reason this was all just a made-up thing,
and Justin was still the innocent
angel that he wants everyone to think he is.
Undertaking civil litigation is not easy for anyone and often the winners are the lawyers
because they walk away with the most money. So if, like at the most basic question I've
seen around the internet is what if these text messages are fake? Well, if lawyers put forth fake text
messages in a complaint to the court, they can face substantial action against them because you
have a duty of candor to the court under your license. Now, with all the Tom Gerardi stuff,
we've seen how seriously California may or may not take some of that, but they tell all the peon
lawyers that you will be disbarred. So you can't put fake information
into a complaint into court. This complaint is going to the California Department of Civil Rights,
but you still can't lie to them. So sometimes you will see lawyers say on information and belief,
meaning this is what my client has told me and we're waiting to verify it.
So you will see that language in lawsuits,
but you have to have, and anyone who's seen Legally Blonde more than once, and haven't
we all, it has to have a reasonable belief that there's evidentiary support for the complaint.
So you're putting it forward saying, I believe these things to be true. If at the end of
the day, this gets filed as a lawsuit, which I think it will, then there will be motions to dismiss, and then the judge will start to evaluate it.
And then there will be motions for summary judgment, and those have a lot more information
behind them after discovery. But what Blake Lively is opening herself up to by filing
this is mutual discovery. So not just what was going on for Justin Baldoni and potentially with his phone
records and emails between all of the co-defendants, the PR company, Wayfarer Studios, but her
as well. The discovery goes both ways. She'll be sitting for a deposition. Ryan Reynolds
probably will too because he was at that HR meeting and everyone else at that meeting.
And we saw the 30 point request from that HR meeting. Everyone else at that meeting and we saw the 30 point request
from that HR meeting everyone else at that meeting is going to be dragged into
depositions as well so now like lively and her lawyers would have sat down and
said okay these are all the people that are going to be deposed the head of Sony
studios if they were involved in the HR everyone from Wayfair everyone on set
that was part of this HR meeting and more.
Potential cast, all the people who kind of separated themselves along with Blake from Justin.
Yes. So if you're not going to have support in the workplace, this lawsuit will make it worse.
If you have a lot of support, people are going to say, no, we absolutely support you. Depose me. Let's go.
I'm happy to tell them my side.
So it really depends on the positioning. And since this lawsuit dropped, so many have come
forward in support of Blake Lively. I've not seen, and if I'm missing it, it's been the holidays.
So please let me know. I've not seen a ton of people coming forward in support of Baldoni.
I've seen his podcast co-host leave. I've seen his agency drop him.
I've not seen a lot of people say,
I don't believe this about him.
Which when stuff comes up,
you will often see people supporting both sides.
And we're at a very much an imbalance here
of where the support is leaning from those that were on set
and from those that know Blake Lively as well.
I just want to just clarify one thing
and you can say yes or no,
but just to reiterate everything,
it is safe to assume that Blake and her team
and specifically her lawyers,
they must have Blake and her lawyers considered,
and got the green light from all the people
and like checked, dotted their I's and crossed their T's
before they would file something like this,
they considered all those things that you just reviewed with us to make sure
that they had a strong case moving forward.
Like we can assume that.
Absolutely.
And they would have had not only extensive conversations with her about how
invasive this process will be.
Um, I don't follow, I follow celebrities once they end up in lawsuits, but I
don't follow broader celebrity culture as much because the lawsuits have been so
busy over the last four years, but Blake Lively and Ryan Reynolds strike me as fairly
private Hollywood personalities. They don't seem to put a ton of their life on display. It seems
that they allow glimpses when they're doing stuff, but kind of keep their kids offline.
They're not constantly being photographed by paparazzi, they seem to be protective of their privacy. This is the opposite of that to the extreme. So this
is a very invasive process that she has the opportunity to choose, go forward and sue
or don't. She might've felt like she didn't have a choice because otherwise the narrative
would just keep running and she wouldn't be able to promote her brands and work, but she
can choose to sue or not. And it's going to get
incredibly invasive for all the parties involved.
What I will say is because this is an employment lawsuit, we saw or will be in this complaint,
we saw the breakdown of that HR meeting. There were a ton of people involved. So that HR
meeting that happened before they resumed filming would have been well documented and well attended. And I imagine there
are probably emails surrounding what it looks like to resume filming with tons of people.
And the lawyers would have reviewed all of that saying, yes, you had been raising these red flags.
Yes, these other people had been raising these red flags. They would have pulled all of that from
Blake Lively and anyone who would choose to disclose that if other members of the cast
had made HR complaints, they probably have all that before they even brought this lawsuit.
And those things in companies that are very large working on sets are going to be really
well documented.
It almost seems like Justin's lawyer's response and his response initially was this is all
about Blake trying to build up her reputation that
was damaged back when you know back in August but everything we just discussed
almost suggests the opposite like you said to do this isn't just like Blake
talking giving an interview and making some flippant accusations you know to
say oh it's not me it's actually, this really opens up the door for a lot of emotional distress,
a lot of anguish, a lot of exposure.
You don't do this unless you're very serious,
unless you have a lot of evidence backing it up.
This is not, you know, you don't do this for the accusations
of which Justin's lawyer seems to be suggesting.
This is not something you undertake lightly,
and Justin's attorney, to be suggesting. This is not something you undertake lightly and
Justin's attorney who is also a pitbull in his own right
Definitely leaned into the narrative that's already existing about Blake Lively and just continued to lean into that PR playbook
But Brian Friedman works regularly with Mark Garagas. You've seen his name come up in the the Bravo reality reckoning He's involved in a lot of those lawsuits with
Rachel Levis in that lawsuit against Tom and Ariana. So he is well versed with Hollywood,
and he is definitely a lawyer that is going to fight in your corner. But that's not to say Blake
Lively's lawyers aren't. And when we look at Stephanie Jones in the Jones work lawsuit,
she brought in Quinn Emanuel, who as a law firm has absolutely no chill at all.
They are currently representing Jay-Z in New York and other things.
So we're talking about very powerful law firms that are just going to go all out with each
other.
So thinking that this is going to be easy is not accurate.
It's not easy.
It's not fun.
A lot of people choose not to bring civil lawsuits because
of how invasive it is.
And even if they have conversations with lawyers,
they often decide not to pursue it because it's more worth it
to just let it go.
It's the same, unfortunately, with criminal prosecutions.
A lot of people
will sit down with police or prosecutors and talk about what the process is like and say,
you know what, at the end of the day, I'd rather just try to move on. And so this is
going to be a very invasive process for everybody. And I don't think that any side is going to
settle because too much is on the table now. There's there's way too much out there for Baldo need to turn around and want to
settle. And I don't know if Blake Lively would want to, and it has the money to
choose not to.
We keep talking about this HR meeting that happened January, 2024, right before
filming resumed. There were seven or so people there and at the beginning of this complaint it talks about this HR meeting and it says, you know, before the
list of 30 things, it says the January 4th meeting occurred only after Wayfair
had rebuffed Ms. Lively's efforts repeatedly. What does that mean?
It means that she had tried to resolve this short of having an all-hands HR
meeting to me.
And they had said,
no, it's fine, no, it's fine, no, we're not gonna do that.
So it seems like she didn't immediately escalate this
to a all-hands, I'm not gonna resume filming
until we have an HR meeting.
It seems that she tried to say, hey,
and this is again my interpretation
of what they mean by rebuffed, hey, um,
I don't have a breastfeeding space at work, which also you can't do in. Hey, I don't have a breastfeeding space at work,
which also you can't do in California,
but I don't have a breastfeeding space at work.
That's going to be in my trailer.
So when the door is closed in my trailer, nobody can come in.
That like setting up those basic boundaries.
And it seemed that Wayfarer was like, well, you know, we're not doing that.
That is my interpretation based on what that says that she tried to handle it
before escalating
it, which for all of us that have had jobs, you try to handle things before you escalate
it. Nobody wants to escalate it to a full blown HR meeting. I imagine no one in Hollywood
wants to have to have the distribution company Sony coming in to mitigate a workplace that
has become untenable because for everyone involved, it's just embarrassing.
You don't want to have to sit there and be like,
hey, we can't talk about your porn addiction in the workplace.
Like, why do we even have to say these things out loud?
And, you know, again, California tends to lead the nation
in employee-friendly regulations,
and that includes things like safe spaces to nurse
that aren't a bathroom,
but a lot of employers still don't do that.
You would think a private trailer should be private
when you are four months postpartum,
but I'm particularly flustered by that
because it's something that I've dealt with personally,
as I'm sure many have.
It's just, come on, give people the space that they need
when they are going back to work as working parents.
Make it easier for everybody.
But again, we're talking about a man who again,
has made his whole brand out of signaling this virtue
about being an ally.
And, you know, just again, he comes across for me
as the type of guy who, you know, talks about how he
understands the plight of women so much that like,
it's like one big gas light, you know?
It's just like, hey, I'm on your side, I'm on your side.
So honestly, it's like, Justin will walk into a room
of a woman breastfeeding and be like, it's okay,
I'm not uncomfortable, you know?
Right, right.
You know, it's like, and then, and then,
and then imply that you're not, you know,
the woman breastfeeding shouldn't be uncomfortable
because me, the ally that I am, this is all normal.
You know?
Hey, everyone breastfeeds, it's okay.
You know?
And like, he acts like as if he says stuff like that.
Like, the complaint is filled with accusations
of Justin saying and doing inappropriate things
to these people
and when they voiced their frustration,
it was a lot of dismissive reactions from Justin
being like, oh, it's okay, I can say that.
I think there was one moment where he's like,
it's okay, my wife's on set, I can say that today.
As if like, he called, there's an accusation
and part of the complaint that he talked to another woman on set
and said he thought her pants were sexy.
You know, things like that.
It's just like.
He's like, no, no, don't be uncomfortable.
My wife's here.
It's like, please don't comment on my body at work.
That's weird.
And he's like, no, you're making it weird.
It's not weird.
You're making it weird.
It is very dismissive and gaslighty.
And I think one of the things I took issue with as well in the complaint, and this is
just me being me taking issue because I am very ADHD, and it's something I have dealt
with with learning disabilities since I was in school, is the plan to blame things on
his very recent diagnosis of ADHD.
And it's like, look, if we need to get on
to like Dr. Amon's podcast, so I can talk about the fact that if these things come out,
I have an excuse. And I'm like, what? What is what?
No, it's crazy. And like, I'm ADHD, I'm dyslexic, I have all these things. I can be aloof.
How have we not talked about this, Nick? You know, I mean, because we don't lead with our issues
that we have, we overcome them, Emily.
Exactly.
You know, and it's just so frustrating.
And yes, I have, being who I am,
have said awkward things in social settings.
I've had to learn the hard way sometimes.
I've been accused of being rude.
That doesn't like, I don't walk around and be like,
and it's okay, I'm ADHD.
What?
Like it's, huh?
No, it's something I have to work on.
Just like if, you know,
Blake may have to work on things when she, you know,
like every, everyone in the public eye, you know,
whether you're Blake Lively or Ryan Reynolds
and you're that level of celebrity
or you're a former reality TV star,
if you get noticed in public,
you have to learn how to interact with people. You know when they walk up to you
at dinner and say hey I'm sorry for interrupting can I take a picture. You
know when people are when when now they and I travel we're on a plane you it's a
weird thing for people to get uncomfortable and nervous and fan out
and you have to learn how to respond and you don't always get it right you know
I've done it wrong.
I've had bad reactions from people I've met in public,
not because I was intending to be rude,
but I just, I didn't meet their expectations.
That's often how it is when fans meet a celebrity,
and it's that the celebrity doesn't meet their expectations
of how they thought the celebrity should act around them.
Sometimes they have the right to feel the way they do,
and sometimes it's just their own interpretation
of the situation.
But it's, you know.
I also think him blaming it on his ADHD is like,
we've seen him interact with fans.
We've seen him in a crowd of people and he's suave.
He's like, you know, he has the whole room in his hand.
And then like-
He always says the right thing.
He always says the right thing.
And then for like him to say, well, you know,
if some of this stuff gets out, we'll just blame it on that.
It's like, oh, I didn't realize ADHD made you say like,
oh yeah, like I wanna talk about my dick to strangers.
Like, you know, that's a weird cop out.
I've been ADHD and I've been aloof,
but I know right and wrong, I know boundaries,
I know what's inappropriate, I know what not to say.
I've, you know, like that's not,
it's such a bullshit excuse.
Like you don't, I don't know where all of a sudden,
like not understanding quote unquote social cues
is an excuse for being dismissive
or making women feel uncomfortable or
saying inappropriate things or acting inappropriately. What does ADHD come in
when you are allowing investors or people who should not be on set in a
closed set scene? How does that explain that? It doesn't explain that.
It's interesting to me and both of you mentioned this, is the searching for an
excuse. Not searching for a way to say, this didn't happen on set and these complaints
never came up and this HR meeting never came up. It was a way to explain the things that
were being complained about. Like, this is the explanation. And if that explanation doesn't
work, but also Blake Lively is a mean girl. Like, we're going to get the women on our side
by calling her a mean girl,
because most women have dealt with mean girls.
But we're not in junior high.
You can't sexually harass someone in the workplace,
and then you can't try to ruin their career,
which is what's being alleged here,
if they bring it up in the workplace.
I don't know if this would have become public
if he hadn't gone on the
Offensive when the internet started asking what I thought were reasonable questions of hey y'all aren't being pictured together. That seems strange
Yeah, it's like everyone wants to say Oh Blake Lively's lying or oh, let's not believe Blake Lively
But it's like Justin isn't even defending himself
He's just saying oh
Let's make sure we have a plan and excuse is ready for when this comes out because I know I did all this,
but we need a reason as to why I did all this.
Also to your point, Emily, like there's a good chance
that Blake Lively never even brought this complaint
to where it is now had Justin not do the whole revenge part.
Like if it was just, if it just stopped
at his behavior on set, I'm guessing there's a good chance
it never got to this point, you know,
but because he went on the offensive, because he tried to destroy
her credibility, there's a part in this complaint
that talks about, and I think it's a really important, you know,
section, the whole narrative early on was, oh Blake
and Ryan Reynolds are so rich and powerful, yada yada.
And this whole, you know, the whole argument was like,
oh well, the only reason why her castmates
are siding with Blake is because she's rich and powerful.
Well, as it turns out, that Justin Baldoni's
business partner, friend, and church buddy,
which, you know, when you go to the same church,
there's a level of, you know, loyalty there
that I think maybe goes beyond just normal colleagues,
and he's worth a couple bill, you know? So he is, you know,
and in the complaint there's an allegation that at the premiere
this billionaire friend of Justin, financier
of the company, was overheard saying that he was willing to spend up to a hundred
million dollars to destroy Blake. Huh?
I'm so interested where that quote came from and how that all came out.
Like I, there are a few questions that I am left with and all lawsuits are going
to leave me with questions because lawyer, but how they know that and where that
came from, who heard it, who related to them.
I have so many questions.
It's such a specific thing to say.
Um, but they're going to end up spending quite a bit in legal fees cause wayfarer
and Bell Donnie are being sued or are likely to be sued in two jurisdictions.
Because we have the Stephanie Jones Jones work going forward in New York, and then we
have the LA potential lawsuit when the right to sue letter comes through. And I do think
this will get filed. I don't imagine that we will see this resolve before it gets filed.
And if it does, I imagine
there would be a statement explaining that. But you've got people fighting in two different
jurisdictions on separate sides of the country. So for the defendants, including Melissa Nathan
and Jennifer Abel, it's going to get expensive to mount these lawsuits and it's going to
get expensive quickly. I mean, for this type of suit,
I imagine most attorneys are starting
with a $50,000 retainer at a minimum,
and that is a generously low minimum,
if not a $100,000 retainer.
So it's gonna be expensive fast.
That accusation about that $100 million,
we can assume if it does go to court,
we'll find out why they felt so comfortable including that in100 million, we can assume if it does go to court, we'll find out why they felt so
comfortable including that in the complaint. Because like you said, it's not a text message,
it is something that someone overheard, but I assume there's a witness there that might be
called or something. They wouldn't just write that in as hearsay. There's plenty there that they
don't need to include
the fluff.
Like this, what's, and that's what's so interesting
before we let you go, Emily.
It really felt like this complaint was very,
really just laid out the facts.
It was just very detailed.
It didn't have a lot of fluff.
It didn't have a lot of storytelling.
It was just like point by point,
all the random, creepy, and odd things
that Justin said and did with his colleagues
You know towards Blake and and the rest of the cast it had it had some I think that it was
written in a way that it could be read and understood by not just media but by individuals and it definitely had
A fair few of details. I think, including the Sony marketing campaign
was necessary, but also had multiple purposes.
It was kind of a plus plus on, hey, he's slamming her for this media campaign.
And hey, we know that this is contrived because here's the marketing plan, but it also signals
to the public, hey, also, here's this marketing plan.
So there was a lot in this lawsuit that served multiple purposes, but complaints are written
to also tell the story. They are written when people are like, oh, they cherry picked the
text messages. Of course they did. It's their complaint. Their complaint is advocacy for
their client from their perspective. It
is their story. It is not there to tell both sides. A filing from a plaintiff is there
to paint the plaintiff side in the light most favorable to them. A filing by a defendant
is there to paint the story in the light most favorable to them and the light most negative
to the plaintiff. So lawsuits are very much an adversarial proceeding. And people forget that too. They're like, this is very one-sided. Yes, at this point, it is very
one-sided. But it's why I like to cover court so much because when this gets filed, it will be
responded to. And we've already seen Valdoni's lawyer respond in the media saying, this is all
Blake trying to salvage her reputation. and this is a salacious lawsuit.
Show me a lawsuit about celebrities lately that doesn't have salaciousness in it. I mean,
all of them do. It is part of the playbook of litigation at this point.
Well, Justin's lawyer also stated that they plan on also counter-suing. What might that
look like? And is that just something that everyone and like the type of lawyer that just in has that is that just kind of standard operating procedure.
Is that potentially open up justin as well like i'm sure they'll have their own narrative like you just suggested it would be it'll be from the p. o. v. of justin but like.
You know how strong do you feel like this complaint is and what do you know if you were to speculate on how Justin's lawyer
might fight this, assuming everything that Blake laid out
is true and that Justin's lawyer's argument is like,
we just have the wrong perspective,
that seems to be their argument.
It's just like, well, we're not denying it happened,
it's just the why it happened and how it came to be
and the framing of the story is completely misrepresented.
How do you think they will do that without exposing themselves and look like they're
lying?
They are already in it.
So they're already likely to be sued.
They're already being sued in New York.
They can't file a countersuit yet because generally a countersuit, if we're going to
be hyper specific and legal,
is if Blake Lively had filed this in court already, you can counter sue within that same lawsuit.
So it's within the same body of that lawsuit. This isn't filed in court yet. They don't have
a right to sue letter yet. So he can't counter sue within this lawsuit. They can respond to
the California Department of Civil Rights. If that department does an investigation, they can respond there.
But I think by counter suit, he means that he might proactively sue,
because he said he was going to do that this week,
which there's no lawsuit docketed yet for Blake Lively,
so it would have to be their own lawsuit.
But Justin Baldoni is already being sued in New York.
This complaint is likely to move forward.
He's already open to discovery. They already have these text messages. But Justin Baldoni is already being sued in New York. This complaint is likely to move forward.
He's already open to discovery.
They already have these text messages.
So for them, it's going to be telling their side of the story.
And I imagine we will see, oh, gosh, I don't even know what causes of action they'll bring
because I don't know what they have or what they know.
But it'll be a counter narrative to this that this is not really an employment dispute.
And this isn't really intentional infliction of emotional distress and the things Blake Lively
said in the interviews are why the internet did this and this has nothing to do with his
PR campaign.
It'll be interesting to see what causes of action he chooses to bring and whether it
involves invasion of privacy. privacy, but that lawsuit might be between Justin Baldoni and Stephanie Jones, the PR firm that
released all these text messages. That seems like a cleaner path than to also bring Blake Lively into
it. But for Baldoni to go after Jones in New York and then drag or attempt to drag Blake Lively into
the New York lawsuit, that seems to be the clearer path if they're really going to bring a counter suit is
bringing it in New York and talking about invasion of privacy and the text
messages and what have you.
It really seems like the publicist in both these
complaints are like the linchpin almost.
Yes.
Just because they're the hired guns who like don't even
clearly have loyalty to Justin, they're just there to be hired and now they're the hired guns who don't even clearly have loyalty to Justin.
They're just there to be hired and now they're exposed and their careers and credibility
are on the line.
It'll be interesting to see how these two women, how they go about defending themselves
or how they handle these complaints.
I do have one question for all of you before I go though. Are you looking forward to seeing kind of the veil pulled back on Hollywood PR campaigns?
Because that's one thing I'm really interested in this lawsuit is to see how much of the
curtain gets pulled back for the public to look at what being blacklisted in Hollywood
truly looks like.
Like what does it really look like to you?
I mean, I really am.
And I've thought about this over the weekend. I really hope this is a wake up call for the industry itself,
for consumers of pop culture and media in general.
As someone who works in the long form space in podcasting,
to me, this is, again, I think it puts a spotlight
on short form content.
I put on content, I puts a spotlight on short form content. I put it
on content. I put a spotlight on headlines. You know, we're just, we've
become such a lazy society in terms of how we get our information. We read a
headline, we don't click on and actually read the article. We watch, you know, 15
seconds of a clip, you know, we form an opinion. And I think now you really have
to be willing to listen to a whole episode,
or read a whole article, or when you hear a narrative, you have to be willing to ask
yourself the question, I don't know, is this accurate? Or do I need to like Google for 15
seconds and fact check what's out there? I wish we lived in a world where we could trust information
that's out there, but I think time and time again, this year, we're reminded that we have to be more discerning
as consumers in terms of what we believe and not believe.
And I do hope that, yes, I hope it becomes a spotlight
on the end, I hope it's a spotlight on the industry,
because again, it's an acknowledgement that hit pieces exist,
that it's a thing, that these freelance writers
are hired guns of you know, of crafting
various narratives.
And they don't have to disclose it.
No.
Like if you do a sponsorship, you have to disclose it.
If you're promoting something, you and I both have to disclose it.
But if a story is placed, that doesn't have to be disclosed.
If there's a relationship there, like the author is sisters with the PR placed, that doesn't have to be disclosed. If there's a relationship there, like the
author is sisters with the PR agent, that doesn't have to be disclosed at all. So it
really brings up this level of who benefits. These are my questions when I read things.
But also just the industry in general, how many articles have we listened to or how many
articles more importantly have been printed based off of an anonymous source. You know, like these all these publications need no
real information or evidence. There's no journalism period whatsoever going on
here. It's just an anonymous source. Sometimes the anonymous source is the
person themselves who doesn't want to be quoted. Sometimes an anonymous source is
the colleague who friend to friend. like it's based off of nothing.
You know what I'm saying?
And all these rumors that get out,
and it's just so easy again,
all you need is someone willing to say,
I heard this, I saw this, I know a person.
That's all you need.
It also makes you think, I mean, like Melissa Nathan,
who is this crisis PR, who's on Justin Baldoni's team,
her sister, Sarah Nathan, who is this quote unquote
journalist for all of these publications,
who's written some terrible articles about a lot of women,
some Meghan Markle, it makes you think like,
oh, Meghan Markle, like she's had such,
so many people have hated on Meghan Markle
and like, is this another one of these like hit pieces?
It just makes you think of how many women
have Hollywood tried to tear down that like
we just believed because we read a headline.
And I always wonder, as I said, when I when I look at things, who benefits and then where
is the money and what you brought up Nick USA Today actually had a huge reckoning within
USA Today because one of their journalists was just making up anonymous sources and they
had to retract a ton of articles based on that. I talked to a number of independent media who had
worked in legacy media, including Mandy Matney, who did the Murdaugh Murders podcast and covered
that. And she was talking about the immense pressure and understaffing to get the clicks
that media companies are tracking, how far down a page your
eye goes, how much of a story a reader is reading. And it is driving towards more clicks, more
subscriptions, more articles that convert to subscriptions. How many subscriptions did New
York Times convert based on publishing that lawsuit with people hitting a paywall and going,
oh, I'll give you the $1 free trial and then I'm going to forget about it until some app tells me six months later
I'm still paying for the New York Times
and then I cancel it.
But the pressure of getting people
to read further down the page
and to grab those really clicks and views
with headlines is driving some of this
and then how understaffed media is,
which is why I think new media in the long form,
like your podcast, is thriving.
Because I think a lot of people are tired of their attention
being grabbed in manipulative ways,
because most of those headlines are emotionally manipulative.
They make you feel something first,
and that feeling is generally anger or disgust.
It's a negative, um, or a more negative emotion,
because those are faster and stronger responses. You're like, ew, what? Instead of, oh my god, that's a negative or a more negative emotion because those are faster and stronger responses.
You're like, ew, what?
Right.
Instead of, oh my god, that's so uplifting.
How many headlines have we read
that blank slams blank for blank?
And you're just like, huh?
And then you read it and you're just like,
someone had like a, well, I don't know,
I wouldn't have worn that sweater
that Aaron wore or something.
And it turns out like John blasts Aaron
for wearing sweater or something.
But you hear blast.
It's a certain name.
You hear like.
It's a certain name exposed.
They expose, eviscerates them.
It's like, huh, did a murder happen?
Like what happened?
And it was like someone said something on a podcast
that didn't even come across as actual criticism
if you actually listened to the podcast.
But the publication uses words like slams, you know, eviscerates, you know, trashes, you know, things like that. And again,
like to your point, all of these platforms are just incentivized by clicks and traffic,
and in no way incentivized for truth and exposure. And then once a story gets out,
like the Justin story that came out, and when you saw the wave of people siding with Justin,
and it was clear, just by seeing the stories that came out,
it was clear that these platforms were paying attention
to where the narrative was heading.
They were paying attention to what side people were siding on,
and they were basing their stories
and coverage around that, right?
They weren't interested in getting it right,
they were interested in riding the wave
of public sentiment, and that seems to be
the driving force now with these publications,
is just figuring out where's sentiment going
and make sure we ride that wave
so that we can get the clicks and we can compete with all the other
people out there doing riding the wave as well.
Well if people are reading further down the page on an article that is why Blake Lively
is rude, then the publication immediately knows that says, hey, this article is getting
more reads than that articles, what we need are more articles like this one. And then
people are reading those articles or reading more of them on Instagram or watching reels about them or TikToks about them.
And then the algorithm's like, oh, you watch this entire TikTok, you'd like one on this same subject.
And then it kind of rabbit holes you down the same subject line, because the platforms want you to
stay on the platform longer. The New York Times wants you to stay on the New York Times longer.
I mean, you and I do long form content, we always want you to hang on the platform longer. The New York Times wants you to stay on the New York Times longer. I mean, you and I do long form content.
We always want you to hang out longer
for the full conversation.
So it really does start to drive that.
What I love about independent media is
you can just be true to your opinion
and your audience and say, hey, these are our sponsors.
They're not here based on the topic.
They're here based on the show.
And we're gonna talk about what we want.
And it's why people listen because they wanna hear what you have to say about it.
And you were well ahead of the curve on this one.
And I think the only one talking about this back before any of these lawsuits
happened and that's why people are tuning into your show more than the tuning
into the New York times.
One thing about Nick is he is a good read of character.
And he, when something doesn't smell right
He is the first one to say it and he definitely said it back then and a lot of people had a very strong
Reaction to what Nick said
But Emily we know you have to go. This has been so insightful. We really appreciate you being able to break this down
Yeah, you guys are the best. Thank you
When the next lawsuit drops, you know where to find me
Not going away anytime soon. We anticipate our audience hopefully hearing a lot from you
on this show as we continue to cover the story.
As always, Emily, can you please let our audience know
where they can find you, pay attention to all the great
things that you're doing when you're not on the Vilephiles?
Absolutely, I cover legal cases over on YouTube at the Emily
D Baker. I live stream three days a week starting in 2025. So all of the upcoming trials in 2025,
from Karen Reed's retrial to Brian Kober to Corey Richens, which is like the Mormon mom poisoning
of her husband. It's wild. That's going to be starting in April. So if you want
to stay in the loop with all of that, the Law Nerd app free on iOS and Android will
tell you everything I'm doing and where I am including this episode when it goes up
because that's going to go out into the app to over 100,000 long words. So come join the
community. Let's talk law. Thank you guys for having me. It's great to be here. I love
how you break it down. Thank you all. We love you as well. Thanks so much. Bye.
Happy New Year.
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I do have a question for you, Nick, though, because I feel like way back in August, you
were one of the only people who kind of took not even Blake's side, but you, you encouraged
everybody to just take a beat and open their eyes to the fuller picture.
And I'm curious how you got that idea and what.
Well, I'll get into that in a second,
but I think what's really important
and what you just pointed out
is that I wasn't even taking Blake's slide.
I was literally just suggesting
that we ask different questions
and we shouldn't just rush to condemning Blake
because of old interviews.
And we should consider why the entire cast
was separating themselves from Justin.
And we shouldn't just assume that Justin's the good guy
in this narrative,
just because he says the right things publicly.
That's all I was saying.
And the entire internet was like, shut the fuck up.
But you got a lot of heat,
like in the comments, even on the TikTok that we posted of your take,
like people were all over you, just like,
this is a whack take, this is wild,
like how could you say that?
Listen, some people would disagree.
I just, I don't, I really am pretty good at being offline.
So I didn't realize it was like a hundred percent
was telling me to shut the fuck up.
Like it's funny, it's, every once in a while,
my publicist will have a meeting, whatever,
and it's just like, I do a good job of not reading comments,
and sometimes I'll realize that I might be catching more heat,
because I just remember when this came out,
she's like, well, maybe we should move on from like,
the Justin and Blake story, and I'm like, well, why?
Why do you say that?
Well, I come to find out that like every single person
online disagreed with me.
It was wild, some of the comments that were out there.
It was wild.
It feels certainly good to have been validated
that I was right.
Why did I think what I had thought about Justin?
I mentioned, I did a TikTok a couple days ago
and gave some context why I had the opinion that I had.
We interviewed Justin a few years back.
A lot of you guys weren't here.
He was promoting his book, Man Enough.
He gave me a weird,
honestly he gave me just a really bad vibe.
I mentioned in that TikTok when he came in,
it was a pouring rain, he meditated in front of us.
I'm a huge fan of meditation.
I'm not criticizing meditation,
but for me, meditation is something you do for yourself.
He came in, he could have meditated in his car,
he could have meditated at home, I don't know.
He came in and we all sat there and waited for him
to finish meditating.
It was like this guy was clear.
He gave off the vibe that he was performing, right?
And that was just the vibe I got.
I never talked about it, never spoke on it.
A lot of people since then have been like asking me
who I, when after I posted that TikTok
about giving my opinion, what it was like to interview Justin.
It's like, well, who I was so and so it's just like,
Justin is the only person we've interviewed.
How many people last year alone?
130?
130.
I don't know how many people I've interviewed
over the years of doing this show.
Justin Baldoni is the only person who gave me the vibe
that he gave me about how disingenuous he came across.
It's really cool.
We get to meet a lot of cool people doing this show.
Sometimes we do become friends with them. It was so cool to meet Denise Richards, someone who,
like growing up, I was like, she is an icon. I honestly didn't know what to expect. Denise Richards,
the Bond girl, then the former housewife. I was like kind of nervous. What is she going to be like?
She was so cool and down to earth. And yeah, I've built a rapport with Denise Richard since then.
A lot of times we interview people,
they're a little nervous.
It's an interview, it's professional, everyone's lovely.
Some people are more willing to open up than others.
Some people aren't, whatever.
He was the only person who gave me this vibe.
But again, I didn't really speak on it.
I'm not trying to like, I don't have people on to
talk about what they were like
behind their back or anything like that, but it was just the vibe I got. So when the story came out,
I just knew, I'll never forget when the story broke, we were at the lake house with our friends
Erica and Scott. And I was like, I just, I know there's something going on with this guy. Like,
I don't buy this guy. I think he's a false prophet. I think he's a guy cosplaying as Jesus. That was just the vibe I got.
And I was just out there being like,
I'm not so sure we should just rush to judgment about Blake.
So that's why I thought what I thought.
But yeah, I think I just hope that if you're out there
and you are listening to this and you were someone,
and like this is not about like pointing the finger,
but just ask yourself,
like what were you believing back then?
You know, and why did you believe what you believed?
And if you're, you know, again, this is a movie about DV.
This is a movie that a lot of people identified
as past victims who saw a connection
to this movie and its characters.
And many of those people were quick to blame Blake,
the women in this scenario,
and defend Justin over what?
Over nothing.
I think this is so much more than a like,
believe women stance right now.
It's like there's cast and crew that have men involved
who want nothing to do with Justin,
who they overheard and they saw
and things made them uncomfortable.
Like this isn't just Blake Lively against Justin Baldoni.
This is so many cast, so many crew,
so many people involved who are like,
hey, I don't like this guy, he's saying shit,
he's doing weird shit, I don't wanna be around him.
And I think that's what people need to pay attention to
is it wasn't just Blake Lively who was like,
hey, I don't wanna promote this movie with him.
I don't wanna stand beside him on a red carpet.
It's the writer of this film who sold these rights
to Justin is so uncomfortable.
She doesn't wanna be around him.
Brandon Sklinar, who plays Atlas in the film,
he wants nothing to do with Justin.
The actors who play young Lily and young Atlas,
man and woman want nothing to do. This is just so like, people are in my DMs being like,
you're going to eat your words like this believe women thing. It's like, it's not about that
anymore. Like it's not about believe women because no one fucking believes women ever. So like, we're past that. This man has clearly made several people uncomfortable,
a done shit where he hasn't asked for consent,
he's added in scenes.
I mean, this is a bad guy.
And for people to sit here and be like,
Team Justin, it's not fucking teams.
Like this is, it's black and white.
This is a bad guy.
This is a bad person who's done some bad things to a lot of people and I think we just need to like wake up and realize that
Yeah
It's just so important. I think to acknowledge that no one on Justin's team
Justin himself this Jamie guy
No one is saying that this stuff didn't happen and I think that is the most telling part his
Publicists are also in cahoots of like,
this guy's fucking weird, this guy's cringy,
this guy thinks he's all that.
His own publicists, his own team are saying that about him.
So this isn't like, oh, this isn't true
or that's not true, it's like Justin isn't even saying,
guys, I didn't do this and I think that's what people
need to pay attention to.
Also, again, there's still conversations about people trying to decide what they think about Blake
I think we need to give Blake a lot of credit for what she did to come forward with all this Blake's willingness to
File this complaint and to fight this battle is still gonna come with a lot of criticism
It's gonna cause a lot of stress on her family's life again
They were threatened by a billionaire that it was spend $100 million to destroy their family.
Like, huh?
That's an insane accusation.
And how would you feel if that were you and your family?
And people are so quick to find ways to dismiss that.
Blake has really shined a light on the industry as a whole.
How we look at victims,
how we want to discredit victims,
that we have a society,
we don't wanna believe right and wrong,
we wanna believe people we agree with,
we wanna believe people
that we think we could be friends with.
And then we are so quickly to discredit people
if other people are able to convince us
that we wouldn't be friends with them.
It's like, huh?
That's not how we get to the truth.
We have to be willing to ask questions.
We have to be critical thinkers.
We actually have to consider that the person that we think reminded us of someone we went
to high school with, they could still be right and we should have pause before we rush to
judgment and just condemn people
because of who we think they are in public.
People have had experiences like this
and feel almost embarrassed to speak about it.
It's a very scary thing to come forward with.
I would imagine Blake would just want this to go away,
and not have this continue to be a thing
that she has to deal with.
And she has had to make, I'm assuming,
the very difficult choice to fight this.
And because it's gonna get in the legal system,
it's gonna be very public, it's gonna be out there,
it's gonna be emotionally distressing.
So again, a lot of disturbing stuff in this complaint.
We highly recommend you guys read it, review it.
We'll add the links to the show descriptions.
I think the big takeaway too is, you know,
I think there's a lot of, with this whole,
like the CEO, the Luigi assassin, you know,
not to get into that, but there's this kind of like
eat the rich mentality or mindset going around.
And I think part of that, we were so quick to dismiss
Ryan and Blake in this story because of the perception
of their power and influence.
You always hear the phrase, there's always a bigger fish,
you know, and in the story we come to find out
that there was in fact a bigger fish,
this billionaire financier who was making threats
and willing to invest hundreds,
like a hundred million dollars to destroy a life.
I think the big takeaway is we need,
we should be careful not to jump to picking a side right off the bat.
It's more about just asking some questions
and to be allowing the information to get out.
And I think maybe that's the big takeaway.
And for all the people, think back to August
when the story came out, if you were someone
who was quick to just side with Justin
or wanted to discredit Blake because again
She reminded you of someone you went to high school with just take a beat and ask yourselves
You know why you came to that conclusion like we we have to stop doing stuff like this
Otherwise this stuff is it's gonna keep happening
It's I think it's very brave of Blake to like really shed a light on the industry as a whole
And hopefully a lot of good will come from it.
But like this is obviously just getting started.
Justin's team seems to be fighting back very aggressively.
I mean, even Justin's lawyer is someone who like,
if you do some research, you know,
Justin seems to surround himself with people,
let's just say are the opposite of allies.
You know, he surrounds himself with people
who have their own checkered past.
And again, someone who talks the talk like Justin talked would never surround himself
with the people that he surrounds himself with.
Yeah, I think with Justin, you just got to start asking yourself, read the complaint.
Just look at the behavior.
Just look at the behavior of a guy again who casted himself.
Is this the behavior of a person who actually is an ally?
Is this the behavior of a person who actually wants to platform and protect women?
Is this the behavior of a man who really listens to women and really wants to understand them?
Or is he using allyship and this need and desire for us to protect women as a way to abuse his power,
to gaslight his entire
audience into thinking he's a good guy, and to get away with making people feel incredibly
uncomfortable.
Again, we were so quick to say that Ryan and Blake were abusing their power, all it was
was a guy being a husband to his wife and wanting to protect his wife.
Put yourself in, again, their shoes.
What it would be like to show up to work
and have this person do these things
that he's being accused of.
How would that make you feel?
And having to go to work.
And then think of all the people in this project.
People are like, oh, why didn't she leave the set?
Or why didn't she do this?
They are people in incredible positions
that other people really rely on them.
And it's not that easy just to walk off set.
I mean, if she would have walked,
that would have been itself a big story.
But she also made a huge decision in saying,
I'm not going to continue to film this
if these 30 things don't get fixed.
Yeah, she tried to handle it.
I think that's telling in itself.
Well that is gonna do it for this episode.
We obviously didn't get to Salt Lake City
or Southern Charm or all the other headlines.
We'll pick all that up in the new
year. There was so much obviously to cover this episode. We just wanted to focus on the Blake
Lively and Justin Baldoni complaint. So we will see you in the new year. Thank you again for such
an incredible year. This has really truly been our best year we've ever had as a show. I truly
believe that this is going to be an even bigger year for us, for you guys as well.
We can't thank you enough for supporting us for our show.
We're gonna kick things off in a big, big way
starting next week.
Can't wait for you guys to hear all the exciting things
we have coming up in 2025.
It's gonna be a great year.
Until then, be safe tonight.
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