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9 Ariz. St. U. Sports & Ent. L.J. 1 (2019-2020)

handle is hein.journals/selj9 and id is 1 raw text is: SPORTS & ENTERTAINMENT LAW JOURNAL ARIZONA STATE UNIVERSITY VOLUME 9 FALL 2019 ISSUE 1 MEDIA MOGULS RISKING IT ALL: CONTRACT CLAUSES IN THE ENTERTAINMENT BUSINESS IN THE AGE OF #METoo RICK G. MORRIS* ABSTRACT This article explores the ability of entertainment companies to respond to the salacious misconduct or bad behavior of their talent and leaders through the perspectives of corporate ownership, impacted employees, business partners, and the victims of the misconduct. The article examines the history of social trouble in the media caused at both the individual and corporate level, and how such social trouble can lead to irreparable reputational and financial damage. This article proposes that entertainment companies should consistently implement and apply morals clauses in talent and leadership contracts as a solution to this post-Weinstein problem. While morals clauses can be wielded as a sword against risky talent, this article identifies three challenges that morals clauses face including pushback from unions, negotiations to soften morals clauses, and the prior status quo that permitted free speech and industry practices to rationalize and ignore misconduct. Finally, this article will urge entertainment companies to be proactive in protecting their reputation, their employees, and their very * Rick G. Morris, M.B.A., DePaul University, J.D., University of Kansas, LL.M., New York University; Associate Dean and Associate Professor, Northwestern University School of Communication. I would like to thank Professors James Webster and Rives Collins, as well as Jan Feldman, Executive Director of the Lawyers for the Creative Arts, for reading early drafts and providing helpful comments. I would also like to thank my graduate class in entertainment law for their insightful questions which led me to believe that an article from this perspective was needed. Finally, I would like to thank my life partner and intellectual partner, Madison, for her support and comments.