Law360: HBO Slams Jackson Estate’s Push for ‘Neverland’ Arbitration

May 03, 2019

Following HBO’s release of the “Leaving Neverland” documentary, Michael Jackson’s estate claimed that HBO broke an agreement permitting it to use footage from Jackson’s Dangerous World Tour including a promise not to “disparage” the late singer. The estate has now asked a California federal judge to order HBO to arbitrate the breach of contract claims. HBO calls the estate’s most recent move “as poorly conceived as the claims themselves.”

“There are no remaining rights to enforce under the expired 1992 agreement,” said HBO. “[E]ven if any enforceable rights still exist in that agreement, the claims petitions attempt to make here are not arbitrable, and enforcing the agreement as petitioners seek to do in this situation would violate HBO’s constitutional rights and numerous public policies.”

O’Melveny partners Daniel M. Petrocelli and Drew E. Breuder represent HBO.