NF Advisory: Jay Penske Update

This is not really surprising, except for the fact that we almost settled everything last Wednesday night. Jay Penske now is asking for a temporary restraining order, preliminary injunction, and permanent injunction against my being able to compete against his company. My lawyers are confident we’ll knock him out.

PREVIOUS: For the next 36 hours, I need to work with my attorneys.

  153 comments on “NF Advisory: Jay Penske Update

  1. Hang in there and take care of your health, Nikki. It’s frightening how progressive Hollywood ISN’T. Freedom of speech is largely for white males, and beware a woman with an opinion. I was stunned when I read Deadline’s June 22 article on "Why Nikki Finke Won’t Be Coming Back" which ended with this threat to the film industry: "those who choose to break their news with her will need to be happy with that result. You might get a scant mention, but you’ll find no love here." Scary stuff.

  2. Just my opinion. Class action anyone? It seems they especially enjoy Bullying women. Sad day in America when an Iconic American brand such as their’s bully’s women in and outside of the workplace. Bullying of any gender or human being is disgraceful. Women bullying Women in the workplace is equally disgraceful ……fancy and dainty gloves they wear. Listen UP….NYC… National Consumer Brands cannot afford to be associated with companies in america who conduct themselves in this fashion. JUST SAY NO. Send a message BULLYING in the work place is NOT OK or acceptable. Nikki consider yourself lucky at least you were not urinated on in their expensive new marble parking lot. For those of you who missed the article about the Golden Shower given to an innocent women in the parking lot of a Boston yacht club for exercising her freedom of speech it speaks volumes.

  3. So glad to see you hanging in there and prevailing in your cause, at least for now, and hopefully permanently. "Success is the Best Revenge"

  4. Nikki, you don’t seem to need advice but, since I dig what you’ve done and do, I’ll break with my own tradition and toss my two bits in the mix: 1) If you have good IT support for your new site and/or some tech savvy friends, you may be able to trace the IP addresses of some of the disparaging comments that were written in response to your premier post and new website debut. If in doing that you find that the posts were made by Penske or other current Deadline folks, then you have yourself a real ballgame. Published posts in a case such as yours can be solid grounds for a libel suit. Penske can try to hold your feet to the legal fire all he wants for breach of non compete (though it will just cost him a lot of money and make him more of a loser in the process) but he is not legally allowed to publicly destroy your reputation if you rely on said rep in order to make a living. You can use proof of libel as a mediation tool to get him to back off. Even if it was someone who works for Deadline and not Penske, you can sue the whole company and name him individually as well in the suit. He’ll end up having to settle with you. 2) Doesn’t matter if Penske sees the advice above; it’s too late for him to go back and undo anything he’s already done. You just have to be able to prove it. 3) Someone in another post said that you need to watch letting the stress of the legal stuff get to you. You are obviously an accomplished, capable lady who doesn’t need to be told what to do, but the stress factor from seemingly endless legal fencing is all too true, particularly if you already have health problems. I’ve experienced it firsthand. Take care of yourself first. Let Penske stress himself to pieces. 4) I stopped reading Deadline the moment you left. I took time out of my week to read it because of your contributions, so once you were gone there was no point. It was great to see your site and the Nikki Finke brand up and making waves again. I’m no bleeding feminist – no time or patience for the politics of it – but if I were, I’d fly your banner high and wide. Not only do you wade into the morass of Hollywood and fish out the bare truth, you do it with courage and panache and you can make grown men cry themselves to sleep. Truly awesome. Keep fighting the good fight.

  5. Non compete clauses are virtually unenforceable in California with few exceptions. Penske’s lawyers are taking him for a ride, and Jay’s ego bought the ticket.

  6. Didn’t George Costanza work on the Penske files? Nikki: Penske is not going to deprive us of our right to be kept informed on what is going on in the entertainment industry. Thank back the Leno/Conan/Dave/Fallon 2009/2010 stories. You had accurate information. You were riveting. Had us under a spell.

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