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Entertainment and Sports Law Litigation

Allocation Issues for Settling Weinstein Sex Assault Claims

This article examines the recent judicial dialogue concerning allocation of Weinstein settlement proceeds among Weinstein crime victims, Weinstein Company creditors and defense counsel who have defended the Weinstein corporate officers and directors, and the overall negative impact these various episodes of the Weinstein settlement story likely have on victims’ willingness to participate or come forward at all.

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Dominating the headlines prior to COVID-19 hijacking our lives was the highly-covered, high-stakes trial of Harvey Weinstein in New York County Criminal Court. On March 11, 2020, the sentence was handed down of 23 years in prison for Weinstein’s rape of actress Jessica Mann and sexual assault of former production assistant Miriam Haley, after six women testified in a three month trial. The moment was a stunning vindication of truth to power. Weinstein continues to face trial in California on additional charges of sexual assault where, if convicted, he would face additional severe penalties including a possible life sentence.

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