Popsquire

According to these court documents obtained by TMZ, a concert promoter has filed a lawsuit against R. Kelly for canceling a Minneapolis concert scheduled for December 20, 2007, the same day he was required to appear in a Chicago court. The lawsuit includes claims for: (1) breach of contract; and (2) fraud.

Popsquire ponders…

When did R. Kelly learn that he had a court appearance that conflicted with the concert?

If he knew before he entered into the alleged contract, then the promoter’s claim for fraud likely will be strong. If he had no idea about the court date when he entered into the contract, R. Kelly may argue that it was impossible for him to perform, thereby excusing his contractual oblgations.

Regardless of the answer to this question, Popsquire wonders how R. Kelly will explain the alleged refusal to re-pay the advanced $120,000 in fees.

Of course, there are so many other things that R. Kelly needs to explain before addressing this issue. Popsquire is taking a number!

Technorati Tags: breach of contract, fraud, law, lawsuit, marjani clothing and shoes, pop culture, r. kelly, rowe entertainment

Popsquire can’t get enough of Fox’s Moment of Truth, because it presents weekly pop culture/law collisions all in the name of money.  On last night’s episode, the first contestant was faced with the following question/answer session judged by a lie detector test…

Q: Have you ever stolen money from a job and let someone else take the blame?

A: Yes.

Result: The answer is true!

The explanation…

While working at a hot dog stand as a kid, the contestant sold people hot dogs and, instead of putting the money in the register, he pocketed the money. When the boss accused someone else, he left the other guy hanging!

Popsquire’s perspective…

Although the contestant’s dishonest actions clearly violated the law, he likely is free and clear. The act occurred when he was a kid, so he is well outside any applicable statute of limitations.

To everyone out there who is harboring secrets of bad acts you committed as a kid, Popsquire — along with Hilary Duff — encourages you to come clean…

Assuming you sleep, Popsquire wishes you a good morning and is pleased to inform you that Britney Spears is getting mental health help. In the middle of the night, she was committed to UCLA Medical Center on a 5150 hold.

Of course, although this technically is new information, Popsquire followers such as yourselves already understand how a 5150 hold works. For a refresher, click here and aqui. On the lighter side, for a rundown of how 5150 holds have collided with pop culture in forms other than Britney, click ici.

And, if you are utterly in the dark about Britney, Popsquire has dedicated an entire category to her — just look to the right of the screen!

As always, Popsquire wishes Britney the best and re-dedicates The Gorillaz classic, “Feel Good Inc.” to her.

Technorati Tags: 5150 hold, Britney Spears, committed, law, lynne spears, mental health, pop culture, sam lufti, ucla medical center

According to the AP, Los Angeles police arrested a man claiming to be a freelance reporter for trespassing, because he allegedly blocked Brad Pitt’s and Angelina Jolie’s driveway in Los Angeles.

Popsquire’s perspective…

In addition to trespass, Popsquire wonders whether this “freelance reporter” might have violated California’s anti-paparazzi laws if he had not been arrested.

As a refresher, California has a so-called “anti-paparazzi statute.” This statute generally stops paparazzi from trespassing on celebs’ property to obtain pictures or from using technology to get pictures without physically entering the property.

Technorati Tags: angelina jolie, anti-paparazzi statute, brad pitt, driveway, law, pop culture, trespass

Although Popsquire still will not admit that she belongs in this pop culture discussion, this stuff is too good to pass up. TMZ obtained this declaration that she filed with the Court. In addition to claiming that an Equity Actors’ Association employee broke her finger, she also declares:

1. “I am a former Helmut Newton model and filmmaker.”
2. “Last week Randy Quaid and I returned to Los Angeles from Slamdance-Park City, where he was promoting his film Real Time (in which he stars as a hit man; review and Randy biographical information attached hereto as Exhibit “A”).

Popsquire is getting a good laugh out of this. He has never seen a declaration written for self promotion purposes in a more obvious way. It’s as if she knows the bloggers need help figuring out why she should be in the news. Moreover, Popsquire loves how she is attaching hubby Quaid’s biographical information and plugging his film.

Good for them! Popsquire loves shameless self promotion! He also wonders whether Evi has been listening to this song from the Evite soundtrack…

PS: Popsquire has worked with Quaid’s attorneys on a class action lawsuit. He is surprised they kept this stuff in the declaration, but sometimes clients want what they want!

Popsquire reluctantly writes this post about Dennis Quaid’s wife, Evi.  This site is supposed to be about the collision between pop culture and law.  I remain unconvinced that this Quaid deserves pop culture status, but the story is juicy enough to merit one post…

According to these documents otained by TMZ, Evi is the subject of a temporary restraining order for a “credible threat of violence,” including the following alleged acts toward members of the Actors’ Equity Association:

1. Repeated numerous belligerent phone calls;
2. Hundreds of emails;
3. Uninvited visits to the association to scream and yell at employees; and
4. Kicking the male receptionist in his shins, drawing blood and leaving a scar.

Popsquire’s perspective…

This type of restraining order is often granted as a matter of course, assuming an accompanying declaration includes specific, credible facts.  The real test of the veracity and severity of the allegations will come on February 15, 2008, the date set for the hearing that will determine whether the restraining order stays in effect and for how long.

Popsquire is stunned by these alleged events and invites you to read the full declaration.  It’s a good read!  And, while you read, enjoy “Evil” by Interpol.

Dear Dr. Phil,

Thank you for appearing on the Today Show this morning to discuss Britney Spears, after previously admitting that talking to the press about her was not the best decision. Popsquire enjoys your sense of candor and accountability as well as your lack of interest in self promotion, which you described in today’s national television appearance.

Popsquire also appreciates that you clearly have been reading previous Popsquire posts. As a result, you have presented a four part defense to the California Board of Psychology complaint filed against you as well as concerns about whether you engaged in unethical solicitation of clients as follows:

1. You contend that you did not reach out to the Spears family, rather they always contacted you;
2. You repeat that your show and website disclaimers make it clear that you do not provide therapy;
3. You explain that you no longer possess a license to practice psychology, thereby alluding to the argument that, in any event, you are not bound by any patient-doctor confidentiality obligations; and
4. You invoke Oprah, mentioning that she will be appearing on your 1000th episode, again evidencing your utter lack of interest in self promotion.

Amid numerous reports that Britney Spears may suffer from a mental illness, TMZ reports that she recently purchased this new Mercedes.

Warning…

A contract may be voidable if entered into by a person who is mentally ill or incompetent. Based on recent events, would you enter into a contract with Britney?

More importantly, do you think Britney would ever sing this Pebbles classic to Popsquire?

BTW, if she ever did, Popsquire’s answer to the song’s primary inquiry would be “yes, please!”

Technorati Tags: Britney Spears, contract, incompetence, law, mental illness, mercedes, pebbles, pop culture, popsquire, tmz

Donald Trump is on the defense, for once.  Nights at Vegas, Inc. — a real estate property management company — is suing The Donald for: (1) declaratory judgment for non-infringement of trademark; (2) antitrust violations; (3) false promotion; and (4) unfair business practices.

Popsquire’s perspective…

In short, this lawsuit alleges that The Donald is not allowing Nights of Vegas to use the Trump name to lease out units, even though said units allegedly are located within the Trump International Hotel & Tower in Las Vegas.

If there is one thing Popsquire has learned as a lawyer, it’s that every lawsuit has at least two sides.  To be continued…

Technorati Tags: antitrust, donald trump, las vegas, monopoly, nights of vegas, trademark, trump international tower

Popsquire is very concerned about the ladies of The View.

Catching up on today’s episode, I am discovering that the ladies are being terrorized by rodents in the workplace. Seriously. Both Joy and Elizabeth have seen them, and Joy even saw one today that made her scream!

As you know, Popsquire finds comfort in research. Here are a few helpful tips for the ladies:

1. To report rodents in the workplace, follow the instructions on this New York Department of Health and Mental Hygiene link.
2. Federal regulations specifically state: “Every enclosed workplace shall be so constructed, equipped, and maintained, so far as reasonably practicable, as to prevent the entrance or harborage of rodents, insects, and other vermin. A continuing and effective extermination program shall be instituted where their presence is detected.”

Based on Whoopi’s reaction to the rodent news, Popsquire suspects the Kaiser Chief’s hit, “I Predict A Riot” may be in order if the problem is not solved ASAP.

Technorati Tags: elizabeth hasselbeck, joy behar, law, OSHA, pop culture, rodents, sherri sheppard, the view, whoopi goldberg

According to TMZ, Mark Kaplan has filed a motion with the court seeking his attorneys’ fees. In addition to the $120,000 the court previously awarded, Kaplan now seeks fees in the amount of approximately $300,000 for work performed between October 2007 and January 2008.

Popsquire’s perspective…

Although it is common to award attorneys’ fees in family law cases, Popsquire is highly suspicious of the amount. Popsquire expects Britney’s attorneys — who have withdrawn their motion to be relieved as counsel — to oppose the motion and persuade the judge to decrease the amount of fees ultimately awarded.

The hearing currently is on calendar for March 10.  Don’t worry about putting it in your calendars, though, because Popsquire is all over it.  And, y’all know which song is playin’ all over Kaplan’s office; Popsquire believes it’s this remix version, though…

Technorati Tags: attorneys' fees, Britney Spears, court, kevin federline, law, mark kaplan, motion, pop culture

According to the NY Post, an unidentified man pretending to be Heath Ledger’s father has: (1) contacted Tom Cruise and John Travolta; (2) spoken with the doctor who performed Heath’s autopsy; and (3) even duped the Manhattan funeral home where the tragic actor’s body was held before being flown to Los Angeles into booking him rooms at the nearby Carlyle hotel.

Popsquire’s perspective…

This is sick and smacks of (1) fraud and (2) larceny by false pretenses. In New York, larceny by false pretenses generally refers to obtaining property — e.g., a hotel room paid for by someone else — by misrepresenting facts relating to the promise.

Popsquire can think of only one phrase to express how he feels about this…Oh My Gosh…by the Basement Jaxx…

Technorati Tags: carlyle hotel, father, fraud, heath ledger, impostor, john travolta, larceny, law, new york post, pop culture, tom cruise

In case you work during the day and sleep at night, Popsquire thought you might like the latest in the world of Britney Spears:

1. On yesterday’s episode of The View, Barbara Walters said she spoke with Sam Lutfi, who confirmed that Britney has mental health issues that are “treatable.” Check out the video here.
2. Later in the evening, an emotional spat among Britney, Adnan, and Sam allegedly erupted. The spat produced two primary events: (a) Britney allegedly crying on the street; and (b) the publication of these alleged text messages between Sam and Adnan.

Popsquire’s perspective…

1. Stating that a person suffers from a mental illness, if untrue, generally is considered defamation. Of course, Sam is not the first person to state that Britney suffers from a mental illness, and no one seems to be denying it. Popsquire isn’t too worried about a defamation claim here.
2. For anyone who thinks that their text messages are private, think again. Unless you have an express confidentiality agreement, any text messages you send to a third party might be distributed to someone else, including Popsquire!

Again, Popsquire wishes Britney good health and, if applicable, a speedy recovery. He also dedicates the Gorillaz hit, “Feel Good Inc.”

Because you likely are a faithful Popsquire reader, you already read this previous post and know that Wesley Snipes has been on trial for tax fraud since January 14.

The AP now reports that Snipes’ attorneys have chosen not to present any witnesses. Instead, they soon will move directly to closing arguments and hope to persuade the jury that the prosecution failed to meet its burden.

Popsquire’s perspective…

This is a bold move. Jurors generally like to hear both sides of a story and often are not persuaded by pure legal arguments about burdens of proof. Popsquire thinks this would be especially true in a case — like this one — where the defendant is accused of failing to pay taxes on approximately $38 million in income.

If Snipes is acquitted, Popsquire will be very surprised. He also presumes that Snipes will be singing “Invincible” by Ok Go…

Technorati Tags: law, pop culture, tax evasion, tax fraud, trial, wesley snipes

Everyone knows Britney Spears makes money and news, but many people may not realize how much money is generated or for whom. According to this AP article, Britney is “one of many stars driving the growing multibillion dollar celebrity news industry” and “has become a very profitable sub-sector.”

The AP reports that an exclusive pic of Britney can sell for $10,000 in the United States.

Popsquire’s perspective…

The key to understanding the Britney profit is copyright law. Photographers — not Britney Spears — generally own the rights to the pictures they take of her.

Unless she has a financial arrangement with them, which some suspect may be the case, the legal rights to profits for selling, publishing, and distributing the pictures flow to the photogs.

How much would it take to get you to follow Britney around every day? Popsquire wants to know…

Technorati Tags: Britney Spears, copyright, earnings, law, paparazzi, photographs, pop culture, profits