Friday, December 8, 2023

Another Bombshell Drops on Fairey

To the question, “why did Fairey all of a sudden have a change of heart?”, the answer, according to The American Lawyer, is quite simply that he didn’t.

Kirkland & Ellis partner Dale Cendali says the fuse that set off Fairey’s bombshell revelations was lit two weeks ago. That’s when The AP’s legal team, which also includes Kirkland’s Claudia Ray, confronted Fairey’s lawyers with “trace evidence” that the artist wasn’t being entirely forthcoming in the discovery process. In short, Cendali says, something that was turned over indicated that other items were being withheld.

Cendali says the evidence that she and her team turned up proved that Fairey was not telling the truth about which Garcia photo he used.

Armed with that information, the AP lawyers contacted Fairey’s legal team—led by Anthony Falzone, executive director of Stanford University’s Fair Use Project—on Oct. 2 with a demand that the missing material be turned over. [italics and bold mine]

The AP is expected to file its own amended pleadings and complaint in federal court today, according to spokesman Paul Colford.

Read more from The American Lawyer here.


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