5 Crucial Pieces of Evidence in Justin Baldoni and Blake Lively’s Dueling Lawsuits

the Justin baldon Blake Lively legal saga continues and after we've already broken down the complaints and the responses right now we are going to break down the actual legal claims the legal challenges and what they will need in order to prove their arguments and I'm going to do it all with a claimed attorney Brian mcmonagle welcome to sidebar presented by law and crime I'm Jesse Weber the drama between Blake Lively and Justin baldon has now escalated into a fullblown legal battle with both Stars suing each other over a tangled web of claims that revolve around

their collaboration on the 2024 film it ends with us Lively known for a roles in Gossip Girl and a simple favor claims that baldoni the film's director tried to destroy her career through a smear campaign after she brought forth allegations of sexual harassment and a hostile work environment against him on the flip side Boni says Lively went too far by exerting control over the production threatening to withhold promotion unless her demands were met he also argues that she falsely portrayed their professional relationship to the public tarnishing his reputation and while Lively is suing baldoni for

sexual harassment retaliation and false light invasion of privacy among other claims bdon is countering with a defamation and civil extortion lawsuit claiming that Lively not only made false allegations against him but weaponized them to force him into complying with her demands so what we want to do right now is do a breakdown of the claims that are being asserted by each party examine the legal challenges that they may face and this is where I'm going to bring on a special guest friend of the show a claimed criminal defense and civil law attorney Brian mcmonagle of

the firm mcmonagle Perry mchu mhack and Davis thank you so much for coming on listen we're talking about something that's not Diddy related for once so H so happy to have you on first I have to ask you what are you make of balon's Team strategy specifically Brian fredman his uh lawyer of allowing so much of this to play outside of Court you know this is he's making the rounds on TV releasing footage from the Set uh there's even talk about creating a website that will include all of the footage from the set all of

the communications you know fighting this out in the court of public opinion arguably may be just as important as fighting this out in the court of law first your take on that strategy brilliant Beyond brilliant quite frankly um from the complaint itself which reads like a tabloid where they tagged into this complaint all of the text all of the photos all of the dirty laundry for lack of a better description before they even charged count one in the complaint and went on for a hundred Pages uh to what they Then followed up with which is

this public campaign to answer to retort to really turn the tables on the original complaint that was brought against them and um I I quite frankly thought thought and think it's a brilliant strategy and you can tell by some of the public reaction that it has worked uh that it is resonating with a lot of people um who are paying attention to this stuff um so A+ for the way this case has been defended so far hey by the way I want to quickly thank upside for sponsoring this episode of cybar that help us to

keep on bringing these updates in the baldoni live story so upside is a free app that gets you cash back on daily Essentials like gas groceries food I pump my gas I can use upside I go out to lunch at let's say Chipotle I can use upside perhaps some gum or Tic Tacs at 7-Eleven I can use upside so why not get cash back when I do all these things and yes this is actual real cash back it's money that appears in your upside app that you transfer right into your bank account so once you

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in baldon's lawsuit they would have a different take on this and they're being represented by wilky far and Gallagher very very big firm by the way they have asked the court to essentially stop this saying that what Brian Freeman is doing is wrong that these out of court statements could materially Prejudice a trial that this violates the rules of professional conduct and I will say that the lawyers for baldoni and wayf far Studios his production company and the other defendants in Lively's lawsuit they say wait a minute Lively filed her complaint the New York Times

did a whole piece on this they claim it was coordinated that the complaint and the New York Times piece came out at the same time and Bon by the way is suing the New York Times too saying that they presented a misleading story of what happened but bottom line is they're saying look our clients uh their names have been tarnished we have a right to respond publicly since Blake Lively made this so public but again Blake Lively and Ryan re said this is not the way a lawyer should operate you should not be presenting this

uh this evidence in the public right now it could inappropriately and materially Prejudice a trial who's right here well legally um Lively's right I mean there since this case now is a federal case um lawyers are bound quite frankly uh to to avoid uh at all cost um these kinds of public um statements interviews Etc I think they're going to get their gag uh at least on the participants which would obviously be the lawyers and and perhaps Mr B Bon um that's not going to stop it um emissaries uh third parties friends other colleagues will

will you know bring up the the the carry the torch in that in this regard but I think they they got a really good legal argument on trying to stop it now the problem is it might just be too late um you know the the first shot was fired and then they nuked back uh but I got to think that some judge is going to now Corral everybody bring the lawyers in and said you're done with this I'm gagging you and I'm gagging the clients you know maybe it'll all get sorted out at a uh

initial pre-trial conference that's Set for February 12th so we'll keep our eyes on that one but now I want to get into the claims so I wanted to get your perspective on that now I want to get more specific here cuz we're talking about the law we have to get a little bit more specific about what the claims are and what the legal challenges are so if you have one party claiming defamation you have another party saying sexual harassment Brian does this all boil down to at the end of the day what actually happened on

that movie set and whether or not Balon or Lively were acting inappropriately was Justin baldone sexually harassing Blake Lively doesn't it all come down to what can be proven about what happened on that set well there's no question about that and and then but the key to that is how do you prove it um how do you how do you defend it and we've already seen um you know the allegations against him are very serious they come from a significantly respected member of the national Community an artist um with a great reputation um serious allegations

of sexual impropriety today are taken seriously you know the pendulum has swung in that regard and and everybody when they hear such a claim are going to look at it but proofs in the pudding and that's what I was saying earlier about this the answer the new complaint for lack of a better description uh by Boni um is filled with text messages is filled with um you know correspondences between the two on social media um a lot of stuff that you would never see in a complaint that seems to suggest if we're really going to

look at what happened on the set were not just going to take anybody's word for it and that there may have been a relationship here that um went alongside of the acting um that led to some of these allegations and led to some of these denials and I keep thinking the first thing I thought about yes when when I looked at this was Johnny Depp yeah and that Trum and how that took life of its own and you know the problem you have particularly with celebrities when they get into these kinds of Trials all bets

are off and it gets real interesting once you go back and forth in everybody's dirty laundry and you want you wonder at the very end of this yes does anybody win there's going to be no cameras right if it's a federal case there won't be any cameras so we won't have Johnny Depp Amber Her 2.0 but look how much we're already seeing before there even is a tri makes me wonder they're going to settle yeah I I I I think quite frankly what the defense has now done has inspired a settlement because they've basically said

listen if if we're going to do this we're g to do it and you better get ready to duck so I think it's I think it's fascinating I think it's really good lawyering on both sides um but they picked a fight and they now have one how hard is it to prove defamation so if you're talking about baldoni accusing Ryan Reynolds and Blake Lively of defamation or accusing the New York Times of defamation he is saying these claims are categorically F false um how hard is it to prove that it defamation is tough to prove

um it it it it's tough to prove because it's it's multi-tiered in terms of what you have to prove but the the the key to it is truth you know truth is a defense to defamation and what is the truth here and it's gray here you know what what what was said that was defamatory what was said that was half true what was said that may have been true from the eye of the beholder so you know you think of defamation as well you know you said this about me and that's untrue do we have

that here you know do you have the ability to prove that something was said um alleged that simply can be proven to be false and that I think is going to be a tore here that's what I want to get into so let's start with Blake Lively's sexual harassment claims now we're not going to be able to go through everything but I'll give everybody a general context of what you're saying so Blake Blake Lively's lawsuit which by the way was uh it was first initially a complaint with the California civil rights department and then expanded

into a full uh lawsuit a full complaint she alleges that after raising concerns about baldon's inappropriate behavior alleged inappropriate behavior unet he retaliated against her by launching a smear campaign against her in the public and in the media now Lively's complaint centers around allegations that baldoni engaged in unwanted physical contact during intimate scenes and even that some of this was improvised without the presence of an intimacy coordinator that's a big point of this according to her complaint quote Mr baldoni improvised physical intimacy that had not been rehearsed choreog grafter discussed with Miss Lively with no

intimacy coordinator involved and Lively says this even further led to him improvising kissing scenes with her for instance Mr baldon discreetly bit and sucked on Miss Lively's lower lip during a scene in which he improvised numerous kisses on each take according to Lively's 17o List of Demands which he had presented or allegedly presented to Boni before filming had resumed during the writer strike the presence of an intimacy coordinator was non-negotiable now there's two sides to every story so this is what he said she said baloni says this isn't true he disputes this he asserted that

there was an intimacy coordinator that was hired and that Lively had refused to meet with this intimacy coordinator and Balon lawsuit includes a text message exchange or seemingly a text message exchange where he writes to Lively saying just hired an intimacy coordinator who I love will set you up to meet with her next week for intro to which Lively seemingly responds I feel good I can meet her when we start thank you though that message is shown as a screenshot that Boni allegedly sent to a producer where the producer responded with seemingly suggesting that Blake

Lively wasn't going to meet with this coordinator you'll just have to walk or through what you and intimacy coordinator are thinking meaning that baldoni then became the middle person to work out these scenes and so baldoni argues that he did in fact take Lively through the necessary coordination steps but Lively later misinterpreted the coordinator suggestions as these personal sexual discussions in fact Bon claims he has handwritten notes from his meetings with the coordinator though they're not included in this lawsuit so Brian to make sense to this it would essentially be baldon saying look I wasn't

improvising because I'm a creep I was I was doing what the coordinator told me to do Blake Lively chose not to meet with the coordinator um but Blake Lively has a different you know interpretation of this um is it possible you know there's multiple explanations for this and how do you think it's going to play out yeah I mean you've just provided it I mean you've got two different um statements on what happened it's interesting to me you know when you're a lawyer and someone comes comes to you um providing you information about a lawsuit

you know they tell it their way they describe it their way and then when you get into the details and you get back with text messages and and emails Etc it may not be the way it was described to you um what you just described to me would be a headache for me if I was a juror if I was a juror listening to this I'd say to myself you know the world's coming to an end out there why are you bothering me with this non since these two were filming a sex scene and they

could and they were all thumbs um so I I I find it to be interesting from the perspective of what kind of jury would I pick and what would a jury think about all this having again gone through and seen um some of the jury reactions um in the Johnny Depp lawsuit and you know it's just some of this stuff I got to tell you may not fly well well look I mean look she she's making she's making serious allegations that she was sexually harassed in this H work environment he's saying it's not true and

I think this leads to one of the most publicized allegations and it centers around this slow dance scene that was filmed for a montage now Lively claims that during the filming of this scene bdon broke character made physical advances that were completely inappropriate for the moment she states in her complaint quote at one point he leaned forward and slowly dragged his lips from her ear and down her neck as he said it smells so good none of this was was remotely in character or based on any dialogue in the script and nothing needed to be

said because again there was no sound Mr baldon was caressing Miss Lively with his mouth in a way that had nothing to do with their roles When Miss Lively later objected to this Behavior Mr baldon's response was I'm not even attracted to you now baloni counters that says that it was Lively who broke character first he was simply trying to maintain control of the scene and the footage from this moment that was captured on camera was later released by balon's team and you could see a part of that moment for yourself getting beard on you

today I'm probably getting on you well it's not that it's my body makeup so Brian it it's a little awkward you know actors playing Parts but both are breaking character because again this is all captured for the visual component it's not the audio um there's more to it you know she comments on his nose he was saying you know it smells so good talking about maybe her her Tanner her she mentioned that she just put on body makeup um they're talking about their respective spouses what do you think this proves well I'll tell you this

the defense doesn't doesn't flush the video unless it's helpful and it's helpful um you know videos don't lie and while it may not tell the whole story and while miss Lively may be 100% accurate in her accusations um you know you always have the creep factor in in these cases and I you know I don't know enough about this guy I don't know what people on the staff uh on the set the witnesses to these events you know these are these are you get Whispers down the alley and then you get people that are watching

it and I I wonder what will happen it would seem to me that knowing um the strength of some of the people were talking about here the power the wealth of them that they wouldn't have brought a lawsuit in the first place if they didn't have witnesses lined up to corroborate these allegations um if this stays as a he say she say case you know the the plain of's in a lot of trouble my guess it's not my guess is they've lined up witnesses that there were prompt complaints made by Miss Lively and that there

were witnesses to corroborate this without it it's a long shot that is a great point so first of all she could look at this and make the argument I'm an actor I I had to hide my discomfort I was very uncom comtable with what was going on why I was trying to say you know let's take the audio you know the dialogue out of this you know it's getting a little weird but I wonder how much does this actually this case rely on the cas and crew why because her co-stars in the movie Jenny slate

Brandon skar have come out publicly supporting her after she filed her complaint if you get the cast on your side and they were with her at the premiere I believe I mean that's significant that's a home run I mean you know because in real time um you know people are human beings they're reacting she's an actress she's reacting the people on the step on the St on the set on the staff are watching um you know nobody makes these kinds of mistakes once if this guy did this than he's than he's done it before that

may play a part in this whether they've got other instances of misconduct on his part um I think it's going to be real interesting to find out what the other people who aren't pointing the finger have to say just as you've described when we're talking sexual harassment or hostile work environment I am curious it doesn't even matter the context of the reasoning if comments were made or things were shown you know that's it that's the end of the case why do I say that so Lively claims that baldoni and Jamie Heath who is one of

the executives at this Wayfair company the production company they discussed pornography addictions she says that made her uncomfortable now B baldon doesn't deny the discussing his past pornography addiction but he says he only admitted that after she admitted to him that she never watched pornography and he complimented her on that told her about his issue in the past she claims that he actually revealed that fact about her to the rest of the cast and the crew you could say two sides but whether they're talking about the context of a scene and obviously we're not talking

about an accounting office you have people who are getting intimate is part of the scene but if he's bringing up pornography uh or talking about his pornography addiction does a court look at that and say the fact that he brought that up he's the director he's your co-star you bring that up in a work environment that's hostile work environment that's that's a clear sexual harassment claim what do you think well there's there's no question if they are the facts then you are a 100% right there are things that you simply do not do and you've

just described one of them the question will be here though um what what's what's the truthful chronology of events if you and I are are close friends and we also happen to be in a film together and we're talking about everything under the sun before the you know the the the lights go on uh that's one thing um but if you're in the kind of relationship that Lively describes in her lawsuit where he is directing this where he is in the workplace bringing up his pornographic Tendencies his issues regarding sex making sexual overtures of any

kind he's the world to hurt there's also the allegation you know it was inappropriate uh for Jamie Heath to show Blake Lively this video or attempt to show her this video of his wife giving birth like a natural birth because it it it related to the context of a scene I agree with you I think that could be problematic for Balon but here's the larger question right uh there are more things here right like the he said she said so for example she claims he was fat shaming her he says I wasn't I was genuinely

concerned about weight because in a scene I have to lift her up I have back issues she claims baldoni objectified Me by calling me hot or sexy but in one instance I'll tell you what this is what baldoni says I was talking about how hot it was on set the actual temperature and what she was wearing could make her overheated or if you talk about sexy she was the one who introduced the term sexy about what her character would be wearing and I wasn't being creepy about it I was referencing the term she used and

so guess Brian the big question is is this all Lively deliberately or accidentally misreading everything that was going on and if she really did put forth a bullet point of list of things that needed to change on the set for her to continue and baloni and his team agreed to it is it all she's making all of it up is it all she's misreading is it all an accident or did he really just agreed all this because he did do all of this he was scared of it coming out or is it you know I'm

going to agree to it I didn't do any of this but I'm going to agree to to sign off on these things and just acquest to let the production move forward I mean what makes sense to you I it might it might you might not be an easy answer yeah it first of all it's not an easy answer but I will tell you this chronology will dictate and that's why I brought up prompt complaint before if you've got instances after alleged misconduct with Miss Lively uh is making requests is making complaints if those complaints are

being communicated to other people she's got a very strong case without those kind of complaints without those kind of interruptions without those kind of I don't know responses that most jurors would say I would make if I was put in a hostile environment I mean this isn't you know somebody who's some you know innocent um young inexperienced secretary that has this boss that is taking advantage of her this is an acclaimed actress a very brilliant woman um we're going to see what she was doing after these things happened and that's where the details become important

because if Miss livley was complaining about it Miss Lively was um taking issue with it in real time talking to her husband about it talking to other people in the staff about it making demands of him her case gets a heck of a lot stronger and it will be interesting how much is actually all captured on camera and and audio and how much could be shown so now that's one part of the case right that's the sexual harassment part then there's the retaliation claims which I don't know if a lot of people are talking about

this as much as they should because the idea here is namely this is according to Lively that Justin baldoni had plotted this smear campaign to get back at her uh or protect himself for exposing him for the alleged misconduct on set so baldoni hires this crisis manager Melissa Nathan who worked alongside this PR representative of his Jennifer Abel and arguably the texts that were presented in Lively's complaint could be bad for baldoni for instance baldoni appeared to initially Express concerns that he didn't feel protected enough as evidenced when he said according to Lively's complaint quote

not in love with the document they sent not sure I'm feeling the protection I felt on the call a text from Jennifer Abel his publicist read he wants to feel like she can be buried with Nathan remarking in part we can't write that we will destroy her imagine if a document saying all the things he wants ends up in the wrong hands you know that we can bury anyone but I can't write that to him now Lively says that all of this negative press the Articles the social media comments against her from last summer was

a result of the work that baldoni and his team were doing behind the scenes for example when a critical article came out about Blake Lively in the Daily Mail Abel allegedly wrote Nathan wow you really outdid yourself with this piece to which Nathan allegedly replied that's why you're hired me right I'm the best and there's also this one Abel had texted Nathan at one point I'm having Reckless thoughts of wanting to plant pieces this week about how horrible Blake is to work with just to get ahead of it she's putting us through hell so Brian

is this that was the most that was the most damning thing I read I will tell you in all of this yeah that piece right there and the retaliation piece right there I think are the strongest Arguments for lively chronologically it sets up perfectly for me and the if I'm a juror that this was all orchestrated in a way to get ahead of the biggest problem he had which was the sexual allegations that I I that's a great argument the counterargument to that could be well listen I I wasn't deliberately trying to this is baldoni

what he could say I wasn't deliberately trying to smear her I'm protecting myself because Lively is coming at me with allegations about me on set that aren't true uh she was trying to take control over the film from script writing to editing I'm protecting myself I'm not trying to hide a a misconduct on set what do you make of that counterargument cuz I agree before he came out with his lawsuit and his defense when I read those messages I'm like this is game over right this is really bad stuff but he said I'm protecting myself

from somebody who was bullying me yeah I mean they they flipped the script beautifully in that in that complaint and I I I give them kudos for it but um I think if you do a timeline on it and you look at specifically when and where he's making these comments um he's going to have a hard time explaining that to a jury that that was simply him protecting himself you know there are words you can say to protect yourself there are things you can do to protect yourself you're protected by the truth you know you're

protected by facts those statements that that were highlighted just now by you and and and that that caught my attention and the complaint are his biggest problem moving forward although I will tell you it's going to be fascinating and interesting because um there was a brilliant retort in this complaint they did they did it right in terms of trying to even the playing field with some really bad facts how important is it for him to prove that Blake Lively was taking control over the film what I mean by that is there are messages that he

provides in his in his complaint with editors and others where you can argue she was getting her way right with the script with the Wardrobe with editing is it she was leveraging false allegations to do what she wants or is she leveraging real allegations against him to get what she wants and also I also have to say if she is so powerful and she's able to take control of the film set she's married to Ryan Reynolds friends with Taylor Swift A-list actress I don't know if this is fair to say but she could would it

be shouldn't if she really was being harassed and bullied on set shouldn't she have the ability to speak up stop production if she wants if she was being harassed I mean again I I I think that's another complicating Factor so let me break that down to two parts if he can prove that she was you know getting control of the set and she was getting control over the production and the film and the the script and the editing how important is that to the case and I guess it couples into you know what power she

had versus what power he had well you know you just put you just put it the right way where was power here because if if he's able to convince a jury that power always vested with with her that she was the actress that was going to make this movie period successful or not that she had power completely over everything every decision that was made in this case she's going to have a real hard time playing uh the person who was victimized in this case I don't know how he's going to be able to do that

um if he can do it I think he's going to be successful if he can't do it I think he loses because the one thing is for sure um at the end of the day he's going to have to answer why on Earth he is trying to come up with ways to destroy her long before there are any accusations made there are any lawsuits filed what was what was he doing there um it doesn't sound to me like it's going to be an easy case for him once he's confronted with those specific um comments that

he made I I have to tell you well the fact that he presented images in his complaint of him and his family and friends in the basement of the movie theater during the premiere not with the rest of the cast that he was relegated to the basement his narrative is Lively banished me I wasn't even allowed to go to the premiere but she eventually allowed me but I had to go to the basement now on one hand he could say look I'm the victim of Blake Lively on the other hand if he really was engaged

in misconduct on set that wouldn't it be appropriate for him to not be with everybody else those pictures which are a big factor in the complaint how do you see it well you know I I think I think quite frankly if she had been victimized she'd have every reason to put him in the basement um she'd have every reason to make sure he was nowhere near her in any way and that's why I say look to what these individuals are doing in real time after the after the incidents of misconduct and what they move do

moving forward you know they put a lot of text messages in into their complaint um the second complaint that is in in the federal lawsuit um that that tried to show a a a good relationship between the parties a rather casual relationship between the parties um when did that stop yeah when did it become apparent that she was no longer dialoguing with him as a friend or as a colleague um that timeline's going to be crucial I see her putting her him in the basement uh as really a nonevent in terms of of um uh

providing a problem to her lawsuit that's exactly what one would do you wouldn't want him within a million miles of that from here you wouldn't want him within a million miles of her flip it though what are we seeing in terms of text messages in terms of dialogue on the scene during the set in the set you know um during relevant times where she's saying she's being sexually exploited where she's being injured in the workplace um that will determine this case not what they they say you know on a on a witness stand you saw

with Johnny Depp what cross-examination can do to both sides in a case like this um the devil's always going to be in the details looked at the text messages looked at the Timeline looked at whether she made complaints in real time and I think you'll see who's going to win this thing I want I want to end with this um the Ryan Reynolds Taylor Swift of it all um so obviously we could talk more about the claims and there's also a claim that she was you know engaging extortion you either go to my demands or

I'm not going to promote the film I won't be able to get into everything but I want to now finish with Ryan Reynolds who again codefendant in this action Taylor Swift uh to who appears to be involved but not a party to this action she not a plan if she's not a defendant but baldoni asserts that Ryan Reynolds confronted him at one point chastised him for allegedly asking about his wife Blake Lively's weight he apparently was her representative in a meeting before production resume where they addressed all these alleged issues of misconduct unset and then

there's this so there's a text from Lively to baldon that addressed when or seemingly addressed when Ryan Reynolds and Swift allegely told baloni how much they loved Lively's version of a scene because she rewrote a scene baldoni claims he felt pressured by these you know these Mega stars to accept her revisions so Lively writes in this message or seems to write they again assuming it's Ryan Reynolds and Taylor Swift also no I'm not always good at making sure I'm seen and utilized for fear of threatening egos or fear of affecting the ease of the process

they don't give a bleep about that and because of that everyone listens to them with immense respect and enthusiasm so I guess I have to stop worrying about people liking me I don't know uh emoji face now Brian as we're talking about Witnesses here what role if any do you think Taylor Swift plays in this and what do you make of the claims against Ryan Reynolds because baldon also claims that Reynolds had tried to get his talent agency to drop him yeah I mean I'll separate them I I I I didn't see the Taylor Swift

um move quite frankly as making much sense um bringing her in this who is a dear friend of hers who seems to have um a pretty decent reputation to say it mildly um I I didn't I didn't see I I wouldn't I wouldn't have made her part of this party let me just let me just say that clarify if he doesn't actually identify her by name but what ends up happening is her name is mentioned in a text message so it's not you know yeah I get it I get it but I wouldn't want her

within 100 miles of this courtroom of yeah you know if if if I'm uh on the defense side of this um the husband's a different subject um I don't know that they had a choice but to bring him in if they were going to answer this in the way they've answered it why if they have evidence that he in some way tried to destroy his carer after the fact it's helpful um what I'm going to be interested in hearing is what is Ryan Reynold saying about what was happening in real time with him what is

he being told by his Welsh what is she saying to him about problems on the set about allegations of sexual impropriety if he builds a you know a coherent timeline in terms of when she's making these complaints that's a second witness that's a prompt complaint and so I'm not so sure that they had you know bone had any choice but to try and make him an enemy because quite frankly if he's going to testify to what I would expect him to test if as a husband who's receiving these complaints he could be a compelling and

devastating witness another guy with a preeminent reputation yeah should be an interesting few weeks few months maybe years to go Brian mcmonagle really enjoyed this conversation with you I I I'm glad we had the opportunity and had the time to go through these different points one of my favorites thank you so much for coming on Sir Jesse thank you for having me all right everybody that's all we have for you right now here on sidebar thank you so much for joining us and as always please subscribe on YouTube Apple podcast Spotify wherever you get your

podcast I'm Jesse Weber I'll speak to you next time [Music]