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Concert Promotion Testimony Excluded. A Manhattan federal court has granted a motion by defendant booking agencies to exclude expert witness testimony from a racial discrimination suit by minority-owned music promoters. Rowe Entertainment Inc. v. The William Morris Agency Inc., 98-8272. The district court concluded, among other things, that the plaintiffs' expert witness had relied on the plaintiffs' amended complaint to estimate the defendants' market share and had taken no steps to verify the accuracy of the data that the plaintiffs had given him.
Request for Client Files Rejected. The Court of Appeal of California, Second Appellate Division, decided that the law firm of prominent entertainment attorney Kenneth Ziffren will not have to produce 52,683 client files at a projected cost of $6 million for Ziffren's divorce proceeding with his wife, Marcia. Ziffren, Brittenham, Branca, Fischer, Gilbert-Lurie & Stiffelman, B167832. Marcia had sought the documents to determine her community interest in the firm. The documents' limited probative value was “greatly outweighed” by the burden of producing them and the intrusion into of the privacy rights of the Ziffren firm's clients, the court noted in its unpublished opinion. The court concluded that the community interest could be estimated from the large amount of documentation already handed over by Ziffren or his firm.
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