Never mind beginning the beguine, Evelyn Keyes is ready for Artie Shaw’s estate to begin making payments.
The famed jazz clarinetist and bandleader’s eighth wife, Evelyn Keyes, was recently awarded $1.42 million by a Ventura jury. Keyes, now 89, is best known as Scarlett O’Hara’s jilted sister in “Gone with the Wind.” She was married to the “King of Swing” from 1957 to 1985, though they separated in 1970. Years after the separation, however, Shaw and Keyes signed a letter that each would be entitled to half of the other’s estate.
Keyes liquidated all of her assets in the 1970s to help fund Shaw’s lawsuits against music companies for additional revenues, her lawyer Henry Gradstein said.
Shaw, whose rendition of Cole Porter’s “Begin the Beguine” is one of the best-selling records in history, died in 2004. Shaw had changed his will in 1988, leaving Keyes about $30,000 in watches and other jewelry. When his executor denied her request for half of the estate, she sued.
“The letter was a surprise to me,” said the estate’s attorney, A. Edward Ezor, adding that the decision was not. “I thought we were pretty much hamstrung because almost everyone who was around at the time was dead.”
Ezor is the executor of the Shaw estate and trustee of Shaw’s foundation, which gives college scholarships in the fields of arts and music to high school seniors. He said that litigation has temporarily halted the foundation’s ability to dispense grants.
Gradstein said this was among the smallest victories of his 28-year career from a financial standpoint, but one of the most fun because of the parties involved.
“It was a cool win,” Gradstein said. He’s not worried about the appeal because he described the decision as “bulletproof.” Still, he wishes it could be dropped. “The sad truth is, she’s 89 and she’s infirm, although she’s in good health physically. She needs the money.”
With the value of intellectual property rights skyrocketing over the past few years, celebrity estates have become hotly contested. The stars’ turbulent lives often contribute to the confusion over who has rights to what. The ownership of Marilyn Monroe’s image and licensing rights, which bring in about $8 million each year, continues to be one of the hottest battles.
High Steppin’
A recent decision California Supreme Court decision in favor of former “Riverdance” star Michael Flatley could act as a deterrent to unfounded sexual harassment suits.
Tyna Marie Robertson had relations with the dancer in Las Vegas in 2002 and filed rape charges 25 days later. They were dismissed and the dancer countersued in 2003. Last week’s decision will allow Flatley to proceed with his $100 million extortion and defamation case against Robertson. Her attorney, D. Dean Mauro of Waukegan. Ill., could not be reached for comment.
Robertson made headlines previously in a custody battle over the son she had with the NFL’s Chicago Bears linebacker Brian Urlacher. The football player proved his paternity of the child in court through DNA testing last year. Flatley is represented by Bert Fields and Ricardo Cestero, both of Greenberg Glusker Fields Claman & Machtinger LLP.
“I think that this has potentially significant ramifications for both the people who made the allegations and the lawyers who pursue them,” said Cestero. He added that these kinds of suits are filed frequently against celebrities, but settled quietly even if they’re without merit because “you can’t un-ring the bell.”
It’s especially satisfying for Cestero, an entertainment attorney, because the decision creates precedent at the state Supreme Court level.
“I think it’s going to limit the types of threats (people) can make in trying to obtain these private, out-of-court settlements,” he said. “And hopefully it will discourage people from bringing these types of false charges and false accusations in the hopes of a quick pay day.”
Trading Places
Mark D. Litvack, an entertainment and media litigator, has joined Manatt Phelps & Phillips LLP as a partner. Litvack was most recently at Mitchell Silberberg & Knupp LLP.
Litvack has served as a director of legal affairs for the Motion Picture Association of America. He has worked with clients such as America Online, Sony Pictures, Time Warner, Activision, Take 2 Interactive, Rockstar Games, and Vivendi Games.
Meanwhile, Mitchell Silberberg announced the arrival of Gary E. Gans, as a new partner in the entertainment litigation. Gans came from Richards Watson & Gershon LLP, where he led the entertainment litigation practice.
Gans currently serves on the panel of arbitrators of the Independent Film and Television Alliance.
Goodwin Proctor LLP, which marked its arrival in Los Angeles this spring by snagging Lewis Feldman and several other lawyers from Pillsbury Winthrop Shaw Pittman LLP, has hired two more lawyers. Douglas A. Praw, another former Pillsbury lawyer, will be a senior real estate associate at Goodwin. Jung W. Han, a public finance associate, is also joining the firm. Han was most recently with Hawkins Delafield & Wood LLP.
Steefel Levitt & Weiss LLP is welcoming Michael Toumanoff as a shareholder. He will be a member of the fiduciary practice. He was most recently at Tatro Tekosky Sadwick LLP. Toumanoff specializes in legal issues impacting public retirement system fiduciaries.
Staff reporter Emily Bryson York can be reached at (323) 549-5225, ext. 235, or at
[email protected]
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