Blake Lively's Hollywood Harassment Showdown, with Entertainment Lawyer Anne Easton

Documentary First, Episode 250 · with Anne Easton, entertainment lawyer · 59 minutes · April 24, 2025

Listen: Apple Podcasts, Spotify and all apps · Watch: YouTube · Read: Full transcript

What can filmmakers learn from the Blake Lively and Justin Baldoni lawsuits?

In Episode 250 of Documentary First, host Christian Taylor talks with entertainment lawyer Anne Easton about the legal fight between Blake Lively and Justin Baldoni, her co-star and director on It Ends With Us. Lively filed a lawsuit in California accusing Baldoni of sexual harassment on set and of retaliating against her with a smear campaign. Baldoni has responded with lawsuits of his own, against The New York Times and against Lively and Ryan Reynolds. Anne walks through the claims, the court filings and the legal ideas behind them, and gives her own reading of the case.

Christian uses the case as a teaching example for anyone who runs a set, from a studio feature to a small documentary crew. They talk about retaliation, false light and defamation, the actual malice standard for public figures, and the right of publicity. Anne explains how release agreements protect a person's image and likeness, and why she wrote image approval into her own podcast release. They also discuss power on set, what a crew member on a small indie production can do if they feel unsafe, and Anne's book about her mother's letters home from Saudi Arabia.

This episode was published in April 2025, while the lawsuits were ongoing. The claims discussed are allegations made in court filings, not findings by a court. The opinions about the case are Anne Easton's own, and she says in the episode that she is not giving legal advice.

Editor’s note, November 2026: The cases discussed here have since been decided or settled. On June 9, 2025, Judge Lewis Liman dismissed Justin Baldoni’s $400 million lawsuit against Blake Lively, Ryan Reynolds, publicist Leslie Sloane and The New York Times, and a final judgment ended that suit on October 31, 2025. On April 2, 2026, the judge dismissed most of Lively’s own claims, including her sexual harassment claims, and allowed some retaliation claims to go forward. On May 4, 2026, two weeks before the trial was set to begin, Lively and Baldoni announced a settlement. The terms were not made public. Later that year, the judge awarded Lively about $400,000 in attorneys’ fees and court costs for defending against Baldoni’s dismissed suit. Anne gives an update on the case in an upcoming episode of Documentary First.

In this episode, you’ll learn

• What Blake Lively's complaint alleges against Justin Baldoni, Wayfarer Studios and his PR team, as Anne reads it
• What retaliation means in a California employment claim, explained with a landlord example
• The difference between false light and defamation, and what a tort is
• Why public figures must prove actual malice, from New York Times v. Sullivan
• How the right of publicity protects a celebrity's name and face from being used to sell products
• Why release agreements matter for podcasts and films, and how to ask for approval over your own image
• What someone on a small indie set can do if they feel harassed or unsafe
• Where the cases stood in April 2025, including the judge's limits on public comment and the New York Times motion to dismiss

Questions and answers

What is the Blake Lively and Justin Baldoni lawsuit about?

Blake Lively sued Justin Baldoni, her director and co-star on It Ends With Us, alleging sexual harassment on set and retaliation through a smear campaign run with his PR team. Entertainment lawyer Anne Easton counts 10 claims in the complaint, many of them under employment law, because Baldoni's company, Wayfarer Studios, was producing the film and he was in effect her boss. Baldoni has filed his own suits against The New York Times, and against Lively and Ryan Reynolds, including claims of false light and defamation. When the episode was published in April 2025, none of the claims had been decided.

What is retaliation in a sexual harassment case?

Anne Easton explains that in California, a retaliation claim is filed against an employer who takes an adverse action against someone for taking a protected action, such as complaining about discrimination or sexual harassment. She compares it to a landlord who tries to evict a tenant for withholding rent after months of asking him to fix the heat. Lively's complaint alleges that a smear campaign against her was retaliation for her complaints, an allegation that had not been decided in court when the episode was published.

What is the difference between false light and defamation?

Anne Easton says both are about harm to a person's reputation. Defamation focuses on false statements that damage someone's reputation, while false light focuses on portraying a person in a way that is false or misleading and highly offensive. Both draw on the First Amendment and can also be filed as torts in civil court. When the person is a public figure, Anne explains, they must also prove actual malice, a standard that comes from New York Times v. Sullivan.

What can you do if you feel unsafe on a small indie film set?

On a big studio production there is usually HR and lawyers on set, but small indie productions often have neither. Anne Easton says you could sue with an employment lawyer, but a lawyer will want to know there is money to recover, and small claims court is time consuming. She and Christian Taylor agree the best step is often to leave the production, take care of yourself and not work with those people again.

Can you ask for approval over how your image is used in a film or podcast?

Yes, according to entertainment lawyer Anne Easton. A release usually gives a production the right to use your image to distribute its work, but you can ask to approve the pictures, likeness and biography it uses, and she says it is not a hard ask. When she has represented studios, she has added a time limit, so that pictures you do not respond to within a set period are deemed approved.

Chapters

• 0:00 Introduction to the Blake Lively Case
• 3:12 Understanding the Legal Context
• 6:04 The Background of the Case
• 9:10 Claims of Sexual Harassment
• 12:04 Retaliation and Public Perception
• 14:52 Legal Implications for Filmmakers
• 17:59 Creating a Safe Set Environment
• 21:04 Navigating Power Dynamics on Set
• 23:55 Preventative Measures in Filmmaking
• 26:50 The Aftermath and Public Image Rights
• 32:39 Legal Standards for Public Figures
• 34:12 Image Rights and Public Figures
• 36:32 The Importance of Image Rights
• 40:42 Lessons from Blake Lively's Case
• 42:27 Current Status of Legal Proceedings
• 45:26 The Importance of Behavior in Legal Matters
• 46:13 Understanding Your Rights in Media
• 48:08 Anne's New Documentary Project

About the guest

Anne Easton is an entertainment lawyer and a Documentary First producer. She spent about five years at Sheppard Mullin, a large law firm with offices across the United States and in Europe, before leaving to start her own consulting company, Blakemore Consulting Group. She does business and legal affairs consulting and corporate transactions for smaller startup companies, and has represented studios. Her work centers on contracts and image and likeness issues. This was her second time on the show. When the episode was recorded she was writing a book about her mother, who moved to Saudi Arabia with her husband in her late 20s and wrote letters home about her life there.

About Documentary First

For people who make documentaries and people who love them. Discover how documentaries actually get made, paid for and seen with filmmaker Christian Taylor. Plus DocuView Deja View, where every guest recommends a documentary worth watching. One week, a long-form conversation about a guest's journey, projects and lessons; the next, The Deep Dive, Christian's short solo reflection on one idea from that conversation. Guests have included Ken Burns and PBS American Masters creator Susan Lacy. Christian directed the award-winning documentary The Girl Who Wore Freedom. Nearly 300 conversations. Listen Notes top 5% worldwide. 4.8 on Apple Podcasts. New episodes every week. Follow the show · About the podcast · Support the show on Patreon

This episode is sponsored by Artillery Sports. Use the code DocFirst for 10% off your order.

Full transcript

Introduction to the Blake Lively Case

Sponsor message: Hey there. If you're a frequent listener to our show, you already know that our show is brought to you by our friends over at Artillery Sports. But what you may not know is that Artillery Sports helps athletes of all types win on and off the course and court. They do this by selling quality, durable, and precision manufactured sports equipment that keeps you in the game while also using a portion of the profits to provide the funding needed to care for our nation's veterans. With Artillery Sports, it's more than just a game.

So, head over to artillerysports.com today to buy the quality equipment you need to keep you in the game and to help our nation's veterans at the same time. That's artillerysports.com. Make sure you head on over there today. Oh, and use the code DocFirst to get 10% off your first order.

Christian Taylor: Welcome to Documentary First, an inside look into documentary filmmaking. I'm your host Christian Taylor and a documentary filmmaker myself. And today I am here with Anne Easton, an entertainment lawyer and a Documentary First producer. Welcome and very nice to have you here.

Anne Easton: Thank you so much for having me again.

Christian: Yeah, we've had you here one time before. We had an excellent podcast previously. If you have not listened to that, you absolutely should. And before we begin, why don't you give a little bit about your background and story? You've had a transition now. So tell us where you're working now and what you're heading into.

Anne: Yes, thank you. I was with Sheppard Mullin, a very big law firm that operates throughout the United States as well as in Europe and then I think also in China. And I had been there for about 5 years and I recently just transitioned out of the firm and I've started my own little consulting company, which may turn into a law firm, but I like it just being consulting right now.

Christian: Yeah.

Anne: And so I'm doing business and legal affairs consulting as well as corporate transactions for smaller startup companies. And the consulting side is a lot easier because I just get to give advice without having to do all the paperwork.

Christian: But I have to say you're very good at that, because I've used you for that myself.

Anne: Well, thank you. Yeah, I know. I was just drafting a release agreement for you.

Christian: So, you are a gun for hire then. You are definitely out there ready. People can hire you, right?

Anne: Yes. Yes, they can.

Christian: Where can they find you?

Anne: You can find me at my email. I think I gave it on our last podcast, but it's Blakemore Law is my... But I'm operating as Blakemore Consulting Group. And you can find me at aeaston@blakemore-law.com.

Christian: We'll put that in the show notes as well, so people will definitely be able to find you. All right, today we're going to discuss a legal case that's been making waves in Hollywood: the Blake Lively case. Many people may have heard of it. Some of you may not. So, if you've been following the entertainment industry, you know that privacy and image rights are becoming a critical issue for celebrities. But I don't want you to think it's just for celebrities.

Understanding the Legal Context

Christian: I mean, in documentary filmmaking and in any kind of filmmaking, this needs to be front and center. Before Anne and I began recording this podcast, I asked her, "Can I have your permission to record this podcast and use it on our Documentary First production podcast?" I had to get her permission to do that. And as she said, she is going to draft up a podcast agreement for people to sign so that when I have guests on, they can sign it and I'm cleared. That's a very, very important thing. And she's going to tell us why and the ins and outs of all of that.

So, it isn't just Hollywood, but we're going to use this Hollywood example to learn why it is important and what privacy and image rights are all about. We're going to explore this case, the legal implications, and what it means for filmmakers and all industry professionals. So, Anne, I really appreciate you being here and try to make this really simple for us. A lot of people are talking about this, so yeah, it's complicated and I really want you to make it really simple for us. So, what exactly is this Blake Lively case and why is it so challenging?

Anne: Well, because it's about a lot of stuff, and the biggest headline is that it's a sexual harassment case, but it's so much more complicated than that, I think. So when it came out and the New York Times published Blake Lively's lawsuit against him, sorry. So yeah.

Christian: Yeah. So let's start at the beginning. Let's tell the simple story. Tell the story of what happened. Let's start.

Anne: Okay. So Blake Lively is a very well-known, big actress. She was in Gossip Girl. And she's married to Ryan Reynolds, who is also a very big movie star. He is the Deadpool guy and he's part of that big franchise. I think now there's Deadpool & Wolverine, which I heard was really good. I still haven't seen it.

Christian: That was good.

Anne: Yeah. And Justin Baldoni is also an actor and I think he's just started dipping his toes into the directing thing. I mean, sorry, Justin's done a lot more. I don't really know. But Justin also has been in the public, and I saw him maybe like a year ago where he was talking about issues between men and women and how men need to step up and be better for women and to support them. And he seemed like he was a big advocate for feminists, essentially. And he got this really great opportunity to produce and direct the film It Ends With Us, which is a Colleen Hoover book that they adapted into a film.

The Background of the Case

Anne: And Blake Lively obviously was attached as a producer as well as the star of the film. And Justin Baldoni's company, Wayfarer Studios, was the big producer. So Justin was basically the boss on set, essentially. So if you're looking at it like an employment issue, Justin Baldoni was the boss of Blake Lively. So that's kind of the background. Do you want me to get into it more, or I can keep going?

Christian: Yeah, keep going. Of course. Okay. This is story time. Can't understand the law, I think, unless we understand the building blocks.

Anne: Yeah. Yes. So, I had a lot of friends come to me and say, "Oh, I read the articles and stuff and it didn't sound like Justin Baldoni did anything that was like sexual harassment." I'm like, if you look at it in the context of a workplace, it is sexual harassment, one. But that's just my quick opinion. But the biggest thing is that they... gosh, I've lost my train of thought.

Christian: You were telling the story. Let's go back to: Justin Baldoni was the boss.

Anne: Yes. Okay. So Justin Baldoni is acting like the boss here, and a lot of stuff happened before Blake Lively filed this lawsuit. And I think the whole public saw the premiere for the film It Ends With Us, and it was all extremely awkward. You never see that, where the two leads in the film don't take photographs together and they're not even seen together on the red carpet. So, everyone knew that there was something going on.

Christian: And let's clarify this. I mean, in the beginning there was this push and pull with their two production companies. So, yes, Justin Baldoni had a production company, Blake Lively had a production company. And even before there were problems, there were discussions, I believe, about whose production company was in control of the script.

Anne: Yeah. So there was all of that, and it was given.

Christian: Go on.

Anne: I mean, there's so much. Because it's been so highly publicized, everybody has an opinion. Everybody is reading multiple different articles. And I guess as the lawyer, because it's a legal issue, I went to the case. I went to basically the source, essentially what the New York Times posted, and it was their complaint, their initial complaint against Justin Baldoni and his PR team.

Christian: So Blake Lively was the one that filed the lawsuit first.

Anne: Yes, she filed a lawsuit first against Justin Baldoni, and she filed in California. And then Justin Baldoni, I think on the same day, filed a suit in tandem suing the New York Times in New York, because I think that the laws are a little bit more helpful to Justin Baldoni's case in New York than they are in California, and obviously he's suing the New York Times. That's a New York company.

Claims of Sexual Harassment

Anne: But the case that I read, it's about 75 pages, and I read to maybe like page 35. And I could see from the case that Blake Lively has a very good case, essentially. I actually wrote down how many things were in her claim, and it's quite a bit. She has 10 different things in her claim. The first one is sexual harassment, and so many of them are actually part of the employment law side.

So the first one is sexual harassment. The second one is retaliation, and that's an employment issue, I guess. So I can explain what retaliation is with sexual harassment. If someone files a retaliation lawsuit in California, they are filing it against their employer, who's taken an adverse action against them for taking a protected action. And that protected action could be filing a complaint about discrimination, which would include sexual harassment.

And that retaliation essentially was one of the biggest things that they were claiming, which is pretty clear based on what happened. So, I'm going to get into actually what happened, because I read through the actual case and the facts about it. So, there were a series of different things that Justin did while he was on set that could be seen as sexual harassment, but not even sexual harassment, but also discrimination. He was discriminating against anyone that was attached to her team.

He wasn't giving the same respect to, I think it was maybe her assistant, or potentially one of her other co-producers, or even maybe just a PA, which is a production assistant. And his team, I think it was Jamey Heath, who's the CEO of Wayfarer Studios, he also was being rude and unkind, I guess, to different people on set. But there were small little things, and I can get into the specific things that he did.

Like one of the things that they talked about was that Justin went into her dressing room while she was nursing her child. But then there are claims that she had told him to come in. So those are conflicting things that we don't really know. But the case where he was showing Blake, I guess, pictures of his wife nude, which, can you imagine? If I was at a law firm and my boss, this is so uncomfortable to even me saying this, and my boss showed me a picture of his wife naked, that is sexual harassment. All you have to do is look at it like that.

Retaliation and Public Perception

Anne: And I think it should give some sort of insight for others who are thinking about it like, "Oh, this is Hollywood. It's so different." It's like, actually, it's not, and we're trying to make it better. I mean, if the Me Too movement taught us anything, it's that we should be protecting women on set, because it kind of was a free-for-all for a long time and so many women didn't feel like they could be protected. And the Me Too movement kind of allowed or paved the way for Blake to make this lawsuit and make this an issue, because this is definitely not the first time something like this has happened, right?

And whether or not it's seen as that big of a deal, she felt uncomfortable. And she has a legal right to file a lawsuit, or to basically make requirements that he follow guidelines that are in place in order to protect employees in the workplace. And when somebody retaliates against you, you can file a lawsuit against them, because you're protected from filing something.

I mean, it's the same case of, say, if you tell your landlord that he needs to fix something in your apartment, and then he doesn't fix anything in the apartment, and then tries to evict you because you decide not to pay rent, but it's because he hasn't fixed something for 3 months, and it has to be something like the heat or whatever. That would be a retaliation claim as well. An example of how...

Christian: Yeah. What did Justin Baldoni do to retaliate against her for saying he sexually harassed her?

Anne: He publicized a smear campaign against her.

Christian: Oh, right.

Anne: Yeah. And there were so many different things, and it was pretty damaging, I think, where he said to his publicist that he wanted her to go down and he wanted to ruin her, and that she tried to ruin him, so they're going to take her down and they needed to be more ruthless. And honestly, I think they did an incredible job. Justin Baldoni's PR team, they accomplished their mission for sure.

Christian: They accomplished the mission for sure.

Anne: Because I at one point was thinking, "Oh gosh, this poor Justin guy, he's being pushed out by this big star," right? But then once I read that case, I'm really glad that she filed it, honestly.

Christian: Right. Because the truth came out, and that's the other thing. The truth eventually always comes out.

Anne: Sure.

Legal Implications for Filmmakers

Christian: Yeah. So, there are a lot of other issues. We started talking about celebrity privacy rights, image rights, and now here we are talking about sexual harassment. So when you look at this case, how many different issues arise? I mean, there are a lot of hot button issues here, right, for filmmakers and industry professionals. What kind of legal precautions should we be taking? What should we be talking about here?

Anne: Well, I mean, breach of contract, definitely the sexual harassment thing. False light invasion of privacy, which is actually a constitutional concept. It's through freedom of speech, the First Amendment, but it's also a tort. You can file it in civil court. A tort, actually, it's a French word. It means a wrong, essentially, but it could be a civil wrong or an injury caused by somebody else. And the point of the tort is to file a lawsuit so that the person can be compensated for their damages or injuries.

Christian: Okay.

Anne: And that's what a tort is. So there's some crossover between constitutional law and tort law, and they're all within the privacy rights. I mean, there's the constitutional side to defamation and false light invasion of privacy, and then there's the tort side, but they're all based on the concepts from freedom of speech, the First Amendment.

Christian: There's actually a lot that we can learn from this case as filmmakers, because it's like a cautionary tale, really, of how you should act on set, how you should treat co-workers, what you should do and not do with public images, etc., etc. So where do we go next? What do you think we should focus on now in terms of our discussion?

Anne: Gosh, well, I mean, I think that Blake Lively's case is pretty self-explanatory, in my opinion. So if you want to move towards right of privacy and defamation, we can move over to what Justin Baldoni is claiming.

Christian: Sure. Let's do that.

Anne: And I think you also wanted to talk about image and likeness and protecting that, because that is what those release agreements are.

Creating a Safe Set Environment

Christian: Yeah. Before we move on, let's make it real clear. I do think that there are a lot of things that we need to do as filmmakers to make sure that our sets are set up in a way that makes everybody feel safe. And I think it's important that we just address that upfront. If you're listening to this and you are a director, you're a producer, or you're thinking about making a film, don't just think about the art that you want to make. I want you to think about the people that you're going to bring to the set. When you are about to film something and you're going into principal photography, you should think about it like you're throwing a party, really, right?

Anne: Yeah.

Christian: You're inviting everyone into your home, and you are creating this event for everyone to come to, and you want to create a safe environment for people to come to. They're going to come to work and they're going to do their job, and they're going to feel like they are treated respectfully, and that they can leave feeling like they've done a good job and that they have been respected and they've been treated well. Like in any other workplace, it needs to be treated that way. And sometimes I think that it can become too familiar, that it becomes a sloppy party where we're all just hanging out and we become so much of a family. We become too cozy and familiar and the lines get blurred.

Anne: Absolutely. Yeah. And that happens a lot, I think, on sets, because you're up late and you're working nights and you get too cozy and you become like a family and you forget a lot of the protocols.

Christian: Right.

Anne: And I mean, it can be even worse when your boss is the director, but he's also your co-lead who's your romantic interest in the film.

Christian: Correct.

Anne: And in a film that's about violence and about domestic abuse.

Christian: Yeah. Very interesting. And I think, too, there's a power dynamic there. And I think if we are in a power position on a film set, or when you're putting together a film crew and you're in a film company, there is a hierarchy of power. And those people that have power, I think, need to be very mindful of your power and position, because usually those below you are starting out and they want to grow in the industry and they want to one day be in your position. And so they are looking up to you, and you do need to be careful when you are in that position of power not to abuse that power below you.

Anne: Right. Exactly. Yeah. Yeah. And that is kind of what was being claimed by Blake Lively, for sure.

Christian: Yeah. And you think she was right.

Anne: I do. Yeah. Yeah. And not just because I'm a woman or because I like Blake Lively, which I do. And I've always liked Ryan Reynolds. He's so funny, and that Wrexham thing is so fantastic.

Navigating Power Dynamics on Set

Anne: But I liked Justin Baldoni, too, and I will totally admit that. But there was something, and I'm sorry to say this, and I'm scared to even say this, which is so crazy, but there was something about him that kind of made me uneasy, and almost like I didn't believe him. But a lot of people do know him. I think his sister also lives in the area, and a lot of people know him and really like him and are supporting him.

So I think also that when the right person is given that power as the director, they don't take advantage of that position. But I do also think that who you are in public is hopefully who you are behind closed doors also. So if he's touting that he's this person who's all about supporting women and being like a feminist machine for the woman, if he's being crude and inappropriate behind closed doors on a set just because he's in this position of power, that makes me believe that you are two-faced, that you're not the same person that you're showing yourself to be in public.

Christian: So, I was just thinking we might want to stop for a second and think about if a listener is listening to this podcast and they are in a position where they have been on set, or they're working on set now, and they're feeling like their privacy has been invaded, or they're feeling like they have been treated in an inappropriate manner. What should they do?

Anne: Well, there should be someone who's in HR. And if it's a big studio, there's always going to be someone like that. But go find a lawyer. There's always lawyers on set.

Christian: Yeah. I mean, but what if it's a small indie company? Like, I never had a lawyer on set until you came along. So what would people do if it's a small indie set?

Anne: Well, that's a really great question. I think leave the production. And you could sue. You absolutely could sue for harassment with an employment lawyer, and an employment lawyer might consider taking that type of a case if it's worth it to them. But that's part of the issue sometimes, is that these smaller productions don't have as much money. And if you're going to sue somebody, the attorney is going to want to make sure that there's someone to sue and there's money available. So what may be best is for you to take an employment issue to small claims court or something, but that's not even really worth it. And it's so time consuming.

Christian: Yeah. And a lot of people don't know how to file something like that.

Preventative Measures in Filmmaking

Christian: Yeah. So, I guess the best thing to do, like you said, is leave. If you are beginning to feel uncomfortable on set, or if you're feeling like something is not being handled correctly, or the people are not acting correctly, or you're feeling like your time is being abused, then the best thing that you need to do is take care of you and take yourself out of that situation.

Anne: For sure. And then not work with those people again.

Christian: Because you're right, if you are on a small set, there is not a lot of value in you spending your time and resources suing someone.

Anne: Exactly. Because they probably don't have the money anyway. But yeah, so much of this industry is about your reputation, and I think that you will be able to keep your self-respect intact if you do leave that production. And I know that it's so hard to make that kind of a decision, especially when you're starting out in your career and this is the only job that potentially you have. But I'm a firm believer that karma is a real thing. If they're being rude to you or they're acting inappropriately on set, I believe that it will come back to them at some point.

Christian: Yeah. Yeah. And if it's not you, it will be somebody else. Okay. So, let's talk some nuts and bolts here. What are the things that could have been put in place in this case to have prevented what happened?

Anne: Well, that's what Blake Lively did, essentially. So there are rules that you're supposed to follow on set to protect everybody, and you're supposed to act appropriately. But what Blake Lively did is, they were shooting for a while, I think probably like a few months, and then all these inappropriate things happened that made her feel very uncomfortable and disrespected in multiple different ways. And when they came back after their hiatus, she had put together a whole list of things that she needed the Wayfarer team to approve of. And I think it was Sony that was the studio on this, and Sony also approved of it. And forgive me if it wasn't Sony. I really do think it was.

And it was very normal, what she was asking for. She was saying, if there's a discussion about XYZ on set, I want to be a part of this. I do not want me or my team to be taken out of it. If there's a wardrobe change, I want to be a part of that discussion. She literally spelled out, "I do not want to see any more naked photographs from the director or anyone on his team." And she asked for an intimacy coordinator, too, because I didn't think they had one of those, which, if you're going to have intimate scenes, it seems like it would be a very logical thing to ask for.

Christian: It should have been there already.

The Aftermath and Public Image Rights

Anne: Yes. Exactly. So when that happened, they agreed to it. Justin's team and Wayfarer agreed to all these things, and they finished production respectfully. But I think part of the deal was, probably that was handled between their PR people behind closed doors, but they wouldn't appear together. Because they were also required by contract, I think with Sony, to do a big marketing campaign, and marketing campaigns include going to the premiere. And I think that Blake, and I guess the rest of the team, was not comfortable being seen with him in public. And so they did all of the photographs, all of the press, separate from Justin and his team. And I think even at the premiere, she didn't want him to be on the red carpet at the same time as her, which is unheard of in a film, where the director wouldn't be taking photos with the lead as well as one of the bigger producers.

Christian: Something happened, too. What I remember reading was something like her production company ended up in the end taking more of the edit over.

Anne: Yeah.

Christian: In the end her company ended up editing it to her way of seeing the film, and so they ended up in charge of it anyway.

Anne: Yeah. So, they used her edit, I guess. I think that's what was ultimately used, as opposed to his edit.

Christian: She actually hired her own editor, right? And it was better anyway.

Anne: I think.

Christian: I think so, too. Well, I mean, I didn't see it, but I think the reporting was that in the end their edit was the better edit anyway, right?

Anne: Well, we don't know, though. I mean, I don't get to make that decision, but the people who are better at this get to make that decision. But yeah, that was another big part of it, too. So there are so many things that are included in this case.

Christian: And what else should have been put in place? I mean, she did put some things in place. She came back from hiatus and she put those in place, but is there anything else that...

Anne: Well, so I think what Blake did was incredible. She kept her mouth shut. She had specific requests and made sure that they were all followed. She's in a really great position as a giant star. So, she was able to say, "I don't want to be in the same room with this person. He makes me feel uncomfortable." So she was able to do that, but the public was starting to speculate.

And they also started speculating because Justin's team really didn't like that. So this is another thing: he anticipated that Blake and her team were going to make a smear campaign against him, which is not what she was doing. She didn't do any of that. She filed a lawsuit before any of that kind of stuff happened. And I think that was a very wise decision, because what Justin did actually allowed them to add more stuff to her filing.

Christian: And it was much worse for him.

Anne: Yeah.

Christian: And what I want to ask you is, now you have this smear campaign against her, right?

Anne: Yeah.

Christian: And that was orchestrated by someone that he hired, right?

Anne: Yeah.

Christian: And it's all out there. All these things that were said about her are out there. I mean, it got huge, and she has absolutely no control over that. What are some of the things that were out there? Are they listed? Did she list them off in the complaint?

Anne: The things that were said about her?

Christian: Yeah. Or the things that they did?

Anne: Yes. Yeah. There's a lot. I mean, emails and text messages between Justin and his publicity team, his PR team, which are not good. Not good.

Christian: I mean, I saw Instagram things about her. There were images, right? There were lots of things that they actually put out that she had no control over, right?

Anne: Correct. Correct.

Christian: So, what kind of rights does she have when they're doing all this stuff about her? Is that all allowed? All of that?

Anne: No. No. Because it's part of the retaliation. They basically set up a lawsuit for Blake to file. They added every single element of a claim for retaliation for Blake to file. It made it so easy. And one of the other things that she filed was for false light, which is that privacy. I'm actually going to bring up exactly what it is so I don't say the wrong thing, because I studied this years ago. But it's when someone's portrayed in a way that is both false and highly offensive.

And it can cause certain things, which is used in tort law. It's causing emotional distress or some other harm, and this can happen even if some of the statements are true. But you have to prove that the statements are false or misleading, and obviously that they're highly offensive and that they were publicized. And then the plaintiff, which would be Blake Lively in this case, would have to prove that Justin was at fault as well.

Legal Standards for Public Figures

Anne: But what I found interesting, and I had forgotten from the bar exam... I do work with defamation stuff, but not as much, because I'm working mostly in contracts, and I deal more with image and likeness issues. But false light and defamation both focus on a harm to someone's reputation. With false light, it's focusing more on the portrayal of the person in the false light, whereas defamation focuses more on false statements that damage a person's reputation.

Christian: I see.

Anne: Yeah. But for both of them, when the person is a public figure, they have a heightened level of scrutiny. I think it was some court case, it was a New York Times case, New York Times v. Sullivan, I think. They basically brought about the standard for public figures having to prove actual malice, essentially, which means that the person had reckless disregard for the truth, essentially. So, I think that that's exactly what Justin's team did. It was reckless disregard for the truth.

Christian: Well, so are there different laws, like are there privacy laws for celebrities? Are there certain laws for public figures that are different than for just regular everyday citizens?

Anne: So, yes, that's what I kind of just explained.

Christian: But is it more than just that one? Like, there was one, or is there a whole host of them?

Image Rights and Public Figures

Anne: Yeah. Like, your image rights are a big one, which is your right of publicity. And when you're a public figure like a celebrity, you have a heightened amount of rights, I guess, in the sense that everything about you is marketable and it's in commerce, essentially. And if somebody uses a photograph of you to endorse a product, they're making money off of your face and your celebrity status and your public figure status, or even your name. And you could file a suit against them for appropriation.

Christian: What about privacy law? Do celebrities have some sort of, I don't know, they're public celebrities, but do they have any inherent right to privacy even though they are public celebrities?

Anne: Yes. Yes. But that's the thing that I was explaining, the actual malice thing. They have more heightened levels of, I guess, claims. If they have a claim against somebody for their invasion of privacy, they have to prove an additional element of their claim that other people don't have to prove.

Christian: I see. I see. So I was saying it in the reverse. So, what you're saying is it would be easier for me to say this person invaded my privacy than it would be for a celebrity to say that, because a celebrity is out there already and they've put themselves out there and we already know that they're famous. So, they have to show an additional level of why it invaded them. That makes it really hard for them.

Anne: Yeah. Absolutely.

Christian: Yeah. Wow. That's interesting. Okay. You said earlier that your focus was in image rights and that you focused a lot on that. So let's talk a little bit about that. Why is that so important?

The Importance of Image Rights

Christian: Why do we need to focus on that? What should we know?

Anne: Well, I guess your image rights are, I mean, you get to protect them in anything that you do, essentially. And if somebody takes your image, like say they take a picture of you and they decide that they want to use it on a picture of somebody selling guns or something, and you are very much against the Second Amendment and you don't want to be associated with that at all, that would be your image and likeness right essentially being appropriated.

And we like to put that in agreements in general, where you release those rights, especially with regard to a podcast where we are being filmed. I mean, I literally just wrote this in one of the release agreements that I'm going to be signing for this podcast we're doing right now. However, something I added, which we won't add for everybody, but I added for myself, is that I get to approve my image and I get to approve my likeness, and I get to approve my biography, essentially, but I already approved my biography to you.

But a lot of people don't know that if you're entering into a contract in entertainment, you can ask for that. They'll say, "Oh, you can give the production company or studio the right to use your image in perpetuity for the purpose of distributing their film." But you can also add in there that you want to be able to approve the picture that they're using of you, or whatever your likeness would be. So, say, "Christian, I really don't like the way I look on this," but I think I look fine, so it's okay. I could claim that I get to approve this and we have to reshoot because I don't like this. So, yeah.

Christian: I mean, I've actually had... I mean, actually, I have yet, and I can't believe this. I've been doing this podcast for six years, and until I hired a lawyer on my team, no one ever asked me, did I have a podcast legal agreement? So, I've done this so long and had so many interviews that I've never had one. But anyway, I actually had a podcast guest who at the end of the podcast didn't feel good about it and said, "I don't want that published." And I thought it was great. And I was like, "Why don't you just watch it? Give yourself a little time. Just watch it. And I will give you full editorial rights. You can cut it up however you want. And I want you to feel good about it."

I mean, I'm not here wanting people to look terrible, of course. I want them to feel good about what they're saying and how they... But it is really important that people have control over that, I feel, in this industry. So you should be able to say, in those rights things, that I want to have control over how I look and how I'm perceived. So yeah.

Anne: Yeah. And I mean, to be honest, it's not a hard ask. It's not a big deal. It's usually given.

Christian: Yeah.

Anne: And usually, when I've represented studios, what we would also add in there is that we give you a reasonable time frame in order to approve a certain amount of pictures, if it's pictures or stills or something. And if you don't respond within x amount of time, then those pictures are deemed approved, essentially.

Christian: So yeah, that's a way to protect the production company or studio as well, right? And so in order for those rights to be secured, it really does mean you need a document. And so usually the production company provides those documents. Or I do think that an individual can come, if the production company doesn't have it, and say, "I have my own document and I would like you to sign this document." So, if you're a savvy person and your image is going to be filmed, you can always whip out your little image rights document.

Anne: Yeah, absolutely. Very, very well could.

Lessons from Blake Lively's Case

Christian: Yeah. Awesome. Well, do you think there's anything else we really should know, or what we should learn from this case? What is this cautionary tale? What can we walk away from this cautionary tale learning?

Anne: I would take this as: do exactly what Blake Lively did.

Christian: Which is? How would you describe what she did?

Anne: If you feel as if you've been... I mean, she was lucky, because she was on a big, large film that had a lot of money. They had HR, they had a big studio, they had a lot of different protections in place, and it was more like a traditional employment environment. But she felt uncomfortable. She filed a sexual harassment issue, I guess, internally first, and then set up a bunch of different guidelines that she required to be implemented on set so she could feel more comfortable. And then she didn't say anything publicly negative about him until he started basically thrashing her in the public. And then she didn't say anything, and then filed the lawsuit, and she still hasn't really said anything, which is so much class, in my opinion.

Christian: Yeah, that is very classy. So, what we can take away from that is, when things are being done to you that are inappropriate, when they go low, we go high. Basically, when people are treating you poorly, it's really important to respond in the appropriate way. So, she did not respond in kind. She did what was the right thing to do and handled things in a wise way. It wasn't a good way or an easy way, and she's probably going to be tied up in court and dealing with this for a very long time, right? I mean, that's what's terrible. I mean, she had to make a really tough decision.

Current Status of Legal Proceedings

Christian: Where are they in the legal process right now?

Anne: Well, I think they've closed everything up. The judge, I think his name is Judge Liman or something, he has said that they can't talk about anything in the public anymore. And rightfully so, because if they have a jury trial, the whole jury pool will be tainted, because it's everywhere. Everybody knows about this case, and no one will be able to be unbiased. Everyone will have an opinion already when they walk into that jury box. But I think right now the New York Times has filed a motion to dismiss. I think that they filed that at the end of February. So, I'm not sure if...

[Editor’s note: On June 9, 2025, the judge dismissed Baldoni’s $400 million suit against Lively, Reynolds, Leslie Sloane and The New York Times.]

Christian: And remind me how the New York Times got involved in this.

Anne: They published Blake Lively's complaint and wrote an article about it.

Christian: Yeah. Okay. And why did they do that?

Anne: Because it's a good story.

Christian: Okay.

Anne: Yeah. And they were well within their rights in order to do that. A complaint is a public document.

Christian: Okay. Yeah. And so that's what made him mad. He's like, "Why are they airing my dirty laundry?" kind of thing.

Anne: Exactly. Yeah.

Christian: Okay.

Anne: But they moved to dismiss, because I think they were well within their rights in order to do that. He filed a claim of invasion of privacy, false light against the New York Times. So, he has a case against the New York Times that's still ongoing. And he also has one against Blake Lively and Ryan Reynolds.

Christian: And what is that one? What's he suing them for?

Anne: I think the same thing. Defamation.

Christian: So Blake Lively sued him. He sued the New York Times. He sued both of them individually.

Anne: Yeah. And then he countersued in California against Blake and Ryan as well.

Christian: Five, six. Okay. That's crazy. And so then the judge basically said that nobody could talk about any of those things in public anymore. And so now my guess is each one of those cases will continue through the legal system, which is they go to trial.

Anne: Go to trial. Yeah.

Christian: Yeah. And then somebody settles, unless they settle. Then they can be appealed then.

Anne: Well, no. If they settle, it wouldn't be appealed. That's a settlement.

Christian: Yeah. Right.

Anne: But if it's not settled, it can be, no matter. So, say it does go to trial, which I can't imagine they want it to get to trial, but if it does go to trial and say Justin doesn't like what happens, and I'm saying that because I think that Blake has the best case, then he can appeal, which I'm sure he will.

[Editor’s note: The case did not go to trial. Lively and Baldoni announced a settlement on May 4, 2026, two weeks before the trial date.]

The Importance of Behavior in Legal Matters

Christian: Yeah. Yeah. Really just goes to show you really should just behave. If people would just behave, it would save everybody a lot of time and a lot of money. Just behave.

Anne: And I also want to make a disclaimer. I think it's possible that Justin's a nice guy. He just made a lot of bad decisions in this probably true scenario.

Christian: Yeah. And then he doubled down.

Anne: Yeah. Well, I mean, that's what people do when they feel threatened.

Christian: Yeah.

Understanding Your Rights in Media

Christian: Oh, man. All right. Well, Anne, thank you for these wonderful lawyerly insights and for explaining this case to us. We really appreciate you being on our team. And now we know that legal things are really important, whether it's on a podcast, on a film set, even personally. I mean, just understanding your rights. A lot of times people don't understand this, but whenever you walk into a game, like a basketball game or a hockey game or whatever, you are all of a sudden giving away your right to be filmed. And there are signs, probably, around that say if you walk into this building you are giving away your right to be filmed, because they have to do that.

Anne: Absolutely.

Christian: And yeah, so you've got to know that you own those rights, and you have the right to give them away or you have the right to keep them.

Anne: Right. Yeah. You're in control of those.

Christian: So, exactly. Yes.

Anne: And I'm really proud of myself, because on this one I didn't say "for sure." Not once. I said it maybe once.

Christian: Maybe once. Yes. I think it's hilarious that you went to the other episode and counted how many times you said "for sure."

Anne: I didn't. A friend of mine did. He tallied it up and sent me a picture.

Christian: Yeah, that is hilarious.

Anne: I know. Yeah, I'm so proud of myself. I say "absolutely" a little too much, so maybe that's going to be the word for this one.

Christian: I certainly wouldn't want to count how many times I said a word, because I'm sure I said the same thing over and over and over. Especially "Welcome to Documentary First," or "Bye, everybody."

Anne: Yeah. Oh, and one last thing I'll say. Obviously, I don't represent anyone who's listening. This is just my understanding of the law, and I'm not giving legal advice here. I only represent Christian.

Anne's New Documentary Project

Christian: Yes, you do. And by the way, however, they can hire you to represent them, or they can hire you to consult with them. You are a free bird right now, and you are a gun for hire. So, and I highly recommend you. So, that is amazing. Now, I just forgot to ask you, have you seen any documentaries recently?

Anne: Oh, no. Not since we last chatted. I've been busy. I was in Montana for about three weeks, which I think explains my little outfit here. Yeah, I was in Montana for three weeks, and I was skiing and working on my new consulting business as well as writing.

Christian: That's wonderful.

Anne: I have not watched a documentary in the last month.

Christian: Yeah. Well, you are writing a true story, aren't you?

Anne: I am. Yeah.

Christian: Yeah. So tell us a little bit. Do you mind? Can you?

Anne: No, not at all. I'm writing...

Christian: A documentary story.

Anne: Yes, it is kind of like that. I'm writing a book about a young woman who, well, I guess she's not that young. In her late 20s, she moves to Saudi Arabia with her husband, and while she was there, she wrote a series of letters back home to her mother, just explaining her experience in Saudi. And I kind of oscillate between her time in Saudi and her as she grows up from the age of five onward, and then the two time periods converge at one point. And it's been a really incredible journey doing that. It's cathartic to write a book anyway, but it's more cathartic because it's about my mother.

Christian: So, yeah. Yeah. And do you have both sides of the letters? Do you have hers and your grandmother's?

Anne: I don't have the returns. No.

Christian: I know.

Anne: But I kind of like it that way.

Christian: Do you?

Anne: I do. Yeah. And the way that I'm interweaving it, I think it works.

Christian: Okay.

Anne: But I do have some stuff about my grandmother and what she was going through at that time.

Christian: Okay. And have you traveled to these exotic places yet?

Anne: I haven't. I've been to a lot of the places from her upbringing, but I really want to go to Alaska. My mom was born there, and I wrote something really cool about Alaska. She was born in Ketchikan, and gosh, the native tribes that were there are so incredible, and they're really revered in that area. So I really want to go to Alaska, and I have plans to go to Saudi in the fall, because it's getting too close to summer and I don't have the time right now to go. So, I'm going to go in the fall, and I think that the Red Sea Festival is actually in the fall as well.

Christian: Cool. That's awesome.

Anne: I'll get to go then.

Christian: Yeah. Fantastic. Well, I actually just signed up for a cruise to Alaska, and I'm going to Ketchikan. So, if you want to go with me in July 2026, you can join the fun.

Anne: I might actually do that.

Christian: Yeah. Yeah. It's a pretty amazing cruise. I'll send you the deets. Well, that sounds so exciting. We're going to have to follow your journey with this book, because I know it's going to be amazing, and I can't wait to read it. And maybe one day we can turn it into a documentary film. Wouldn't that be fun?

Anne: Yes. Or even a feature that hopefully doesn't have any of the issues that they had with It Ends With Us.

Christian: Yes, that's true. You could play the lead. Maybe. It would be amazing.

Anne: I think I'm... My mom was 27 at that time.

Christian: You look 27.

Anne: Oh, do I? Thank you. Thank you. I'm so close to 27.

Christian: Yeah. When you were in Montana, didn't you go do anything interesting or fun, or didn't you go see some stuff? Do anything touristy? Like anything interesting?

Anne: I mean, I do a lot of fun stuff whenever I'm in Montana.

Christian: Yeah. Didn't your friend send you to...

Anne: This last time, it was my friend's birthday, and she had a big party at this really cool hat shop that's called Kemo Sabe, and it's very well known. They started in Colorado, in Aspen, and these wonderful people threw her a birthday party at the hat shop, and we bought hats, we bought boots. It's really cool, super amazing.

Christian: But that is not what I'm talking about, Anne.

Anne: What is it that you're talking about? Am I forgetting something?

Christian: Where did you go?

Anne: Yes, I was in Whitefish.

Christian: Where did I send you? You were also in...

Anne: Oh. Oh, the museum. Sorry. Oh my gosh. Yeah. So, I also went to Missoula. I'm so sorry. I went to Missoula, and on my way back from Missoula to Whitefish, I stopped at this place on Flathead Lake called the Magical... It was the Magical Museum. No, no. The Miracle of America Museum, where I walked inside, and there was a big poster of The Girl Who Wore Freedom. And your good friend, I think, what was his name?

Christian: Gil was his name.

Anne: Anyway, the director of the museum.

Christian: Yes.

Anne: He wasn't there, so I did leave my name. But what a cool museum.

Christian: Oh my goodness. I mean, fascinating, right? I've talked about the Miracle of America Museum long ago, and I only found out about it because we were in the Flathead Lake International Cinemafest twice, with The Girl Who Wore Freedom and Grueling Glory, of which we won both, by the way. And I think they came to the film festival, and that's how I learned about it, and so I went to visit it. And it is this husband and wife team. It's mostly the husband, who is, I think, basically probably a hoarder, but he loves America.

Anne: Yeah.

Christian: He has all this property and all these outbuildings, and so he just collects it all and puts it all in this place, and even then he has more than he can handle. He has just so much stuff, and then he's an incredible metal worker. Did you see all the stuff he made?

Anne: Oh, yeah. Yeah. And they were telling me it was going to take at least two days to get through it. And on the sign outside, it actually says the Smithsonian of the West.

Christian: Does it really? Doesn't surprise me at all. Did you see the beauty shop? Did you go see the beauty shop?

Anne: I didn't. No, because I had to head out. I was heading up to Pilates up in Whitefish.

Christian: Oh my goodness. I could not leave that place. For me, it was hard. There's a schoolhouse in there that's set up. It's like one of the early American schoolhouses, and you go in there and it's exactly like it would have been on the prairie. And so it's got the rules there, and it's got the desks and the chairs and the books, and you feel like you're walking into a schoolhouse that was on the prairie. And I don't know how he found all this stuff, but it's just remarkable.

And in the beauty house, the stuff in there, he's collected over time from beauty shops that go back to, I don't know, the caveman age. But you look at these things and they look like a torture chamber. It really does. You're like, that was how you curled their hair? That's how you dried? But when you think about it, I guess today, if you look at the implements that we use as well, they could be thought of as torture weapons. But back then, there's this one thing that looks like a coffin. It looks like a coffin that this woman slept in, and she only had her neck out of it. I don't even know what that was for.

Anne: Oh my god. I did not see that. Did not see that stuff. But I really do want to go back in the summer, because Montana is like my happy place. So I'm going back in July.

Christian: Yeah, I recommend Flathead Lake for sure. What do you recommend?

Anne: Yes. I'm going to say Flathead Lake, too, because I don't want too many people in Whitefish.

Christian: Yeah, it's pretty great. Oh, Anne, so nice to have you here. Thanks for coming back. We will have you back to talk about more legal things, maybe bring another case and we'll dissect that and figure out how that can be applied, what lessons we need to learn. Maybe that'll be the next episode. But thank you so much for being here.

Everybody, we really appreciate you listening to Documentary First. It's really great to have an audience that cares about documentary filmmaking, about learning, and we want to learn more about you. So if you are listening to this podcast and you haven't interacted with us at all, please do. We have a website where you can leave comments, you can reach us on Instagram, you can message us on X, you can message us on Facebook. Really, you can email me at christian@documentaryfirst.com. I want to know that you're listening, and I want to know what you think. What do you want to know?

Ask us questions. We can even have some guests back on and ask them questions. If you have a question for Anne, write us and we'll have her back on and have her answer the questions. So, we want to know who you are and what you want to know. So, please interact with us some way. We have a Patreon, too. You can join us at patreon.com/documentaryfirst. We'd love to have you. We're doing a lot of extra content over there. So, please join us over there.

And we are going to be doing some new, fun things here at the podcast, so do keep listening. It's going to be exciting, what we've been talking about behind the scenes. So, all right, everybody, thank you so much for listening to Documentary First, where we believe everybody has a story to tell and you can be the one to tell it. Bye, everybody.