Hollywood feuds were front and center at the Pellicano trial today. Accusations were flung about former Hollywood manager Brad Grey, now the chief of Paramount, and his pitbull entertainment attorney Bert Fields, during comedian Garry Shandling’s testimony this AM. The prosecution succeeded in showing why Grey chose to hire Hollywood private investigator Anthony Pellicano while at the same stirred the pot by encouraging Shandling (file photo, right) to make a lot of nasty allegations not just about defendant Pellicano but also Grey and Fields, neither of whom are accused of any wrongdoing by the government. Late night threatening phone calls, smear campaigns in the press, forged signatures on contracts, financial hanky-panky over TV shows, phones that were bugged, illegal background checks using government databases – these are some of the accusations which Shandling leveled. But Pellicano also scored some points when he cross-examined the comedian.
ThURSDAY 2 PM UPDATE: Brad Grey just issued this statement: “I am extremely saddened by Garry’s recollection of events dating back more than a decade. His representation is very different than what I remember and what I know to be true. Garry and I had a long personal and professional relationship, which frankly ended when he hired [Washington DC litigator] David Boies, and sued me and Brillstein Grey [the Hollywood management and production company] for $100 million. His actions forced us to hire our own lawyer — Bert Fields — and our friendship was overtaken by a legal process that was directed by lawyers and which ended with an equitable settlement. Even though we haven’t spoken since that time, he remains one of the most talented people I have known and I wish him only the best.”
Here’s Garry Shandling’s testimony (keep refreshing for the latest):
Shandling took the stand around 8:05 AM today. He looked great — healthy and in shape (his friends say he has been devoting much of his time off to exercise and meditation recently). ”He didn’t look like the neurotic noodge everyone knew from before,” a spectator told me. Shandling was wearing a black suit but no tie with his shirt. When asked what he did for a living, Shandling joked, ”That’s a bad sign. I’m a comedian.” To which federal judge Dale S. Fischer responded, “Not to me, sir.”
The comedian was appearing as a witness for the feds, and was questioned by assistant U.S. attorney assistant U.S. Attorney Kevin Lally. Shandling established that he has known Brad Grey (photo, right) for 25 years, they met when Grey was 21 and Shandling was 31, and they had an 18-year relationship as client and manager. The prosecutor quickly sought to explain the feud that severed the personal and professional relationship between Shandling and Grey back in 1998-1999: finances relating to HBO’s The Larry Sanders Show, which Shandling starred in and Grey produced from August 1992 to May 1998. Lally asked who owned the show. Garry replied, “This is where the troubles began.”
Shandling said his accountant Warren Grant called him at home one night to inquire about a financial matter having to do with Garry and the show. ”Call Brad Grey,” Shandling replied. The accountant called back 10 minutes later. “I couldn’t get an answer,” he told the comic. Shandling said his attorney Barry Hirsch also had a very difficult time getting “any answers” from Grey.
About his business relationship with Grey, Shandling commented that “Brad said everything’s on a ‘need to know’ basis.” That’s when Shandling decided that ”I need to know what I don’t know.”
Shandling made the allegation that, as a result of his inquiries, ”Brad Grey threatened me one night to make my life miserable.”
The comedian said it took Hirsch three months to untangle financial matters having to do with the show. But now Hirsch and Shandling wanted to see the contracts in Grey’s possession. At that point Hirsch counseled his client, “You’ve got to threaten a lawsuit. That’s the only way you’re going to get these contracts.” So Shandling hired Boies, Shiller out of Washington DC because he said he wanted a law firm that wasn’t located in Los Angeles [and, presumably, didn't have Hollywood client conflicts]. He testified that in 1998 he filed a lawsuit against Brad Grey for breach of fiduciary duty and fraud. Shandling claimed the reason was that Grey was getting half-ownership of the show plus a producer’s fee plus Shandler’s commission, plus other fees. To defend himself, Grey hired Bert Fields (photo, above left) of Greenberg Glusker.
Then the prosecutor asked Shandling if he knew Pellicano (photo, right) was on board working against him. The comedian said yes – and claimed that 5 yrs earlier Brad Grey had told him that, “With Bert Fields, you get Anthony Pellicano.” Shandling went on to explain that his friend, security expert Gavin De Becker, immediately recommended they do a “bug sweep” of Shandlings’ phones “because of ‘Bert Fields’ reputation’ “.
Shandling alleged that “they [presumably Brad Grey and/or Bert Fields and/or Anthony Pellicano] began a spin campaign to destroy my reputation by planting stories in newspapers that amounted to character assassination. It was a spiritual test.” Shandling turned to the jury and spoke about “The creep factor. It’s a feeling that’s hard to communicate when you read articles about yourself that aren’t accurate. I put up with a lot of pain and soul-searching to get through it.”
Shandling said he used to take walks and talk about the case with his confidante, former Saturday Night Live comic Kevin Nealon (photo, left), another Brad Grey client.
At this point, Lally brought out Exhibit #300, so Shandling put on his reading glasses to look over several sheets of 1999 government law enforcement database printouts on individuals connected to Shandling. The name of LAPD Sgt. Mark Arneson, one of Pellicano’s co-defendants in the trial, is all over the pages “This bothers me as much as the first time this was shown to me,” Shandling tells the courtroom. Among the names being investigated are his assistant Marianna Grant, his accountant Warren Grant, his former fiance Linda Doucett, and Kevin Nealon and his then wife Linda. [The feds' trial memo said Gavin De Becker was also investigated.]
The prosecutor asked Shandling if at that time he was still friends with Doucett (photo, right) and whether they were in touch. [Fans of the The Larry Sanders Show will remember her as busty blonde Darlene Chapinni, secretary to sidekick Hank "Hey Now!" Kingsley. She was also Shandling's then real-life girlfriend. Doucett was fired when they broke up, and she filed two lawsuits against him, Brad Grey and the show. But Shandling and Doucett became friends afterwards.] The comic replied that Doucett called him complaining “I’m getting weird calls from Brad Grey late at night.”
The prosecutor returned to the investigations list, and Shandling complained again. “It continues to bother me as I go down this list. It’s a creepy feeling.”
After 30-plus minutes of questioning by the prosecutor, Shandling at 8:39 AM faced cross-examination by Anthony Pellicano, who is defending himself. The former P.I. mumbled “Good morning,” but Shandling didn’t return the greeting. Pellicano’s tone was
neither respectful nor affable nor argumentative. One spectator described it as “dry”.
Pellicano immediately asked Shandling whether Gavin De Becker (photo, left) found any taps or bugs when the phones were swept. Shandling said no. The comedian also testified that there was no written report made about any bugging of his phones and that the sweep was done only once.
“Did you have knowledge that Anthony Pellicano was involved?” the P.I. asked, referring to himself in the third person [which Pellicano is doing frequently in court].
Replied Shandling, “To my knowledge, Anthony Pellicano did that press campaign because a few reporters mentioned it to me.”
“Can you name the reporters?” Pellicano asked.
“Anita Busch,” Said Shandling, referring to the entertainment journalist who alleges in a civil lawsuit that she was threatened, investigated and wiretapped on Pellicano’s orders. (Photo of Busch, right)
“Can you name another?” Pellicano pressed.
“No,” Shandling replied.
“What did Anita Busch say?” Pellicano queried.
Responded Shandling, “She didn’t elaborate.”
Then Pellicano (AP court drawing, right) asked Shandling about his contracts with Brad Grey. “Did you sign these contracts?”
Shandling then made explosive accusations against Grey. ”Some [presumably the signatures on the contracts] were forged. Others were signed by Brillstein Grey [management company] employees. Others were signed under misrepresentation.”
The P.I. asked Shandling if he’d had a successful career.
“I don’t think in those terms,” the comic replied.
“When did your career take a monumental change?” Pellicano queried.
“When I hosted The Tonight Show,” Shandling said.
“Subsequent to that, what other monumental changes took place in your life,” pellicano pressed.
Replied Shandling, “I consider monumental to be a word you use only once. You want more than one monumental time?”
“Well, didn’t Brad Grey get you this show?” asked Pellicano, referring to The Larry Sanders Show.
“The Larry Sanders Show was sold over the phone with [then HBO chief] Michael Fuchs in a 13-episode deal,” Shandling answered.
“What was Brad Grey’s role in this?” Pellicano continued.
“He didn’t say anything until I sold the show. And then he said, ‘I’ll take half,” Shandling replied.
Eight minutes later, at 8:47 AM, Pellicano was finished with the cross-examination, and Shandling left the courtroom. The feds helped him enter and leave the Roybal Federal Building without being photographed by the pack of media waiting outside with their cameras and microphones. (Photo outside the Roybal this AM when Shandling was testifying, below, taken by Jim Stevenson)
Linda Doucett will take the witness stand for the feds on Tuesday March 18th.
(My thanks to LA Weekly‘s Steven Mikulan who’s phoning updates from the trial to DHD.)
Editor-in-Chief Nikki Finke - tip her here.



Studio bosses since the very beginning have used corrupt off duty cops to punch out those who didn’t know their place. And the local press could be counted on for doing the wrong thing by either playing it down or helping to destroy the reputation of victims.
Look at the way the Times treated Anita Busch when she was terrorized. She was one of their own and they acted like she had it coming. Perhaps, to the Times, violent threatening crimes are okay if you are enough of a bitch.
The FBI agents deserve a world of credit for not being seduced by the Hollywood long shot that a movie could be made of their life, that some studio executive would spot their authentic alpha nature, hand them a million dollars and introduce them to Johnny Depp who would, if it’s okay, like to hang out and immerse himself, really get to know the character. That kind of dream leads sleazy P.I.s and cops to whore out their intimidation and smearing skills by really putting some umph behind the “shut up if you know what’s good for you” to the occasional back lot rape victim. And it’s the kind of sleazy dream that turns otherwise honest reporters into fearful minions who are afraid of getting loser sauce on their drawer full of screenplays.
you’re on Drudge…
This is just the beginning! What happened to Anita Busch and Garry Shandling is merely the tip of the iceberg! I commend and praise Garry’s courage, honesty and bravery. Both Garry and Anita are waaaaaay too good for showbiz. Its good see these titans fall on their faces. I hope many will rot in prison as they deserve to. In either event this will be fun to watch!
Hollywood needs and enema- and CAA is the perfect place to stick the hose!
“Ben Franklin” @11:02 is achingly accurate.
Don’t trust the cops.
Sounds like Grey and the Pelican are pieces of shit.
Garry Shandling has courage.
Imagine realizing that an off duty police officer has been hired to smear you. You’d be intimidated, maybe even worry he’d plant drugs or smear you to neighbors by simply asking them implicating questions. You might even shut up and drop your embarrassing law suit.
In most major cities police are 100% banned from working part time for private investigators or security firms because it inevitably leads to corruption. Not so in LA.
…and there is one very prevalent theme with this whole suit, and one that Hollywood and the California Attorney General has purposely avoided dealing with… MANAGERS ARE ILLEGAL.
There is no way that an artist’s representative can also be the artist’s partner or producer. The two positions are absolutely, completely exclusive… you can either negotiate a good deal for an artist, or you can hire an artist. You CANNOT do both.
Agency laws explicitly say this, and yet in the last 12 years Hollywood turns a blind eye to it. I’ve seen agents just simple call themselves managers, producers suddenly call themselves managers, all just to take an equity stake AND a percentage of a deal And I have seen them sell out clients repeatedly, from Brad or Bernie to Halsted to Benderspink to Zide, artists are literally blackmailed into accepting “the deal”, and the deal is not in their best interests, nor is the negotiation table an equitable forum. Even agencies now are pushing clients to immediately accept a recommended manager – giving each 20% off the top (plus 5% to an attorney).
The manager gets producing fees and ownership, and the best case scenario is the artist makes a zero-interest free loan to the manager IF the manager gives back the 10-15% if a production actually comes about years down the line…
They do this in lieu of doing their jobs as salesmen or advocates.
Ahnold will do nothing about it. The CA Attorney General will do nothing about it. The Guilds do nothing about it, all in fear or annoying people like Grey.
There are reasons why those laws exist. And it’s fear and greed that prevents them from being enforced.
It’s time get set The Business straight.
Pellicano is referring to himself in third person because that is what he is required to do by the Court. That, of course, doesn’t make him any less of a scumbag…
Replied Shandling, “I consider monumental to be a word you use only once. You want more than one monumental time?”
HAHAHA
“Late night threatening phone calls, smear campaigns in the press, forged signatures on contracts, financial hanky-panky over TV shows, phones that were bugged, illegal background checks using government databases — these are some of the accusations which Shandling leveled.”
Sounds like business as usual to me.
Brings back fond memories of when I was the most powerful bastard in town. People feared me and did whatever I told them to do. Those were the good old days.
Who knew Hollywood was this interesting? They should make a movie out of this sometimes/somehow.
Fight! fight! fight! Fight! Fight! Fight! Fight!
christians and jews have always had difficulty working together.
Its only a matter of time before scumbags like this bankrupt the US movie industry, and hand it over completely to India or China.
The CA Attorney General and that stupid ass Governor should be the FIRST people speaking out about it.
Quoting Casablanca, I’m shocked, absolutely shocked. (not)
I have totally forgotten what the settlement between Shandling & Grey was.
Does anyone know the details?
This group came after and came close to destroying my family. The degree of evil is a crucial lesson to why good men and women MUST continue to fight and persevere. Their techniques involved using my friends to gather information about my family’s daily routine and business dealings. I was fifteen. The stories of how they used everyone close to our family, including myself, to intimidate and leverage my parent’s decisions becomes more clear as this trial unfolds.
To this day, I am still cleaning up the mess they made of our lives. I am in my thirties.
You’ve just cracked the tip. Luckily they’re not that bright, we just couldn’t imagine that level of slim. But, apparently, that too has a science.
Memo to Pellicano: Time to turn in those Matlock and Perry Mason DVDs and bone up on your Philip Marlowe and Sam Spade. Grey, Ovitz, Fields… six-two-and-even, they’re selling you out, kid. Wake up and smell the roses, Pelican. Take the bait and flip or you’ll be canned mackeral with a shelf life of 99 years. What a shamus.
…..Beverly!
Pellicano hopes to get a TV movie and book deal out of this courthouse carnival. And he will get both if he’s able to get out of this. How funny would it be if the jury decides to acquit him, if they decide to nullify the law because he’s able to prove that he was “just doing his job” and the real criminals are the people who hired him to do the dirty work? Go Anthony! Win this trial and the world will be your oyster.
Read Alison Hope Weiner’s version of this same Shandling coverage on the Huffington Post. Two different perspectives here.
I just have to say that it’s completely fascinating to notice the differences between how Mr. Shandling’s testimony is reported on DHD, and how the New York Times reported this news. I feel like their report makes concessions not to say anything too damning against Brad Grey.
The NYT article uses some of the same quotes you used, but contextualizes them quite differently. Notice this quote how it’s written in DHD:
Shandling turned to the jury and spoke about “The creep factor. It’s a feeling that’s hard to communicate when you read articles about yourself that aren’t accurate. I put up with a lot of pain and soul-searching to get through it.”
Now, the NYT version:
Many falsehoods were leaked to news media, he said.
“It was a spiritual test to get through,” Mr. Shandling said. “It affects your resolve. There is, forgive me, what I call the creep factor; you wonder if your phone is tapped.”
Nikki, thank you for giving us the real “t” (truth) on Hollywood, every time. Keep it real.
I’ve known Gary Shandling for over twenty five years since the days I was writing for comedian Argus Hamilton at the Comedy Store. I remember submitting some jokes to Gary back stage and he would always take the time out to read them. He liked the jokes and gave me encouragement though he never bought any of them.
Gary went so far as to give me his home number and said that I could call him any time. I called him several times just to talk about jokes and shoot the breeze.
One thing I learned about Gary is that he is a straight shooter and he can be painfully honest. But, he is a person with principal and integrity. He has never stolen anyone’s jokes or is mean spirited towards anyone like most comics are these days. He has never been a known lair or a cheat.
So, I was hurt to learn of his lawsuit years ago against Brad Grey. When I read it in the trades I knew Gary’s career as I knew it would be over. Then I thought to myself he must have his reasons because you don’t go up against the most powerful management company in the world if you don’t have the heart and evidence to back up your claim.
After reading his testimony today I was so proud of my old friend standing up to power in the face of death and coming out of it more of a man than anyone in this case.
I love you Gary for being kind to me over the years and for just being you.
Sidebar: Brad Grey is a man whom I met once when my other comedian friend brought me along with him to sign the Brillstein/Grey management contract. My friend was picked to be one of the new cast members of Saturday Night Live and he wanted my opinion before he signed. I remember telling him that he needed to watch his back because this man is only in it for strictly business reasons and don’t try to be his friend. I was right too my friend was fired off SNL and immediately dropped by Brad Grey as a client.
Now Brad is the head of Paramount and I would give the same advice to anyone doing business with him. There is no love there to be found. Just business.
My other friend Chris Rock is scheduled to testify at the Pellicano. Lets see who gets roasted next.
Gary is a funny guy. What is even funnier is all the animosity on the forum.
What we have here are a number of very wealthy and successful men fighting over more money, and of course their reputations.
They should all just kiss and make up, and enjoy the lives they have carved out for themselves.
The entertainment industry is based on dreams coming true. That they are able to get the best tables in restaurants, great babes and piles of cash should be enough.
As for those who get angry over this stuff, get a life or a better agent.
Invisible Hand,
Could you expand on your post about Managers simultaneously producing a project?
“you can either negotiate a good deal for an artist, or you can hire an artist. You CANNOT do both.”
Who would the manager be negotiating with in this scenario and why is it a conflict of interest? What would a writer with a spec script for example have to lose?
“I have seen them sell out clients repeatedly,… artists are literally blackmailed into accepting “the deal”
What exactly do you mean by “sell out” and “blackmail?”
“The manager gets producing fees and ownership, and the best case scenario is the artist makes a zero-interest free loan to the manager IF the manager gives back the 10-15% if a production actually comes about years down the line…
A loan from what and at what point in the process?
“They do this in lieu of doing their jobs as salesmen or advocates.”
But if they get the script sold, aren’t they doing their jobs?
What are the alternatives and are there any circumstances under which a manger/producer hybrid would work in a writer’s favor?
Appreciate the expertise.
Anonymous… if you cannot see the inherent conflict of interest, you have absolutely no concept of economics. (Which would probably qualify you to be a VP of Production at any major studio.)
If there is one person negotiating two deals out of one project, even the most basic economic concepts (and human nature) say that the person negotiating will ensure his self-interests are served before someone else’s.. and I have SEEN this time and time again over the years.
A “Manager” gets a script to sell. Manager then has to negotiate his own compensation package AND the writer’s. So Manager makes sure he gets a producer’s retainer fee ($5K-50K) AND takes 10-15% of the script purchase price. As part of that, the producer fees are also negotiated (and never have to be disclosed to the client), say for $300K on the project. And the script gets an offer for $400K, say 200 vs. 400. But the studio tells the manager that the producer fees will go to $400K if the script cost goes to 125 vs. 350 so “there’s more budget for development”. After doing this a few times, the greed becomes a default, and manager/producers are enriched and the studio knows there isn’t a level playing field for negotiations. And the writer is kept in the dark, only getting an update fax/email at the end of the day saying “this is it”.
If you don’t think this happens every week, subpoena New Line and Benderspink or Zide. I have seen this be explicit AND I have seen this implied with a wink-and-a-nod. Shandling spoke of this in his testimony.
And then once the check is cut, the Manager gets 10-15% of the sales price from the writer as a commission. That money is returned ONLY if the project goes into production, and from the time the commission is collected to the time it is returned (years later, without interest)… and in case you are sitting in the back of the class sleeping of the hangover that is a FREE LOAN.
And even if you aren’t pessimistic about the negotiating process, basic economics show that two parallel deals negotiated by one entitiy will at the very least be optimized… which means the writer gets less so the manager/producer can get something out of it.
Any way you look at it, the writer gets less than an unencumbered negotiation and market would provide for.
Considering that most writers only get one or two deals over their entire “career”, shouldn’t the artist be able to maximize his earnings? That CANNOT happen if those entrusted to negotiate optimal deals are also negotiating their own.
(And don’t give me this shit about ‘that’s what an agent is for’, because the agent is all about – as we all are – getting the most money for the least amount of work and will not jeopardize any relationship with other shared clients, or jeopardize future relationships and career paths in this very small business).
The law says that only agents are to negotiate deals, but no one with ANY work history in this town knows that’s not the case. Agencies are more interested in packaging, in which case it is the writer at the bottom rung and the first person and last person to take a hit in negotiations.
Manager/Producers are not really managers. They are simply producers who extort free options on material under the guise of representation. If they want to produce it, they can pay for an option and get nothing from the income.
The alternatives are simple: follow the law in order to preserve a fair economy for the artists. The Guilds have failed to do this, and the writers have no other recourse.
Agency and representation law in CA and NY (the two states with advanced Agency/Commission laws for creative endeavors) absolutely prohibit anyone representing a project from producing it. The problem is, and it’s gotten worse, that the industry and regulatory bodies simply ignore the law.
Producers produce, writers write and agents sell. Managers are free to provide whatever personal advice they can, but in no way should they ever be attached to produce anything they are trying to sell.
…and the WGA hides in a dark closet with the door shut tight! Go ahead. Ask them to comment about this. See how far you get. Sad.