Disney sued by partner for allegedly defrauding them of millions.
Film Financier TSG Sues Disney for Withholding Profits
Film financier TSG is taking legal action against Disney, accusing the entertainment giant of using deceptive accounting practices to withhold millions in profits. TSG, which has invested a staggering $3.3 billion in 140 projects at Fox, claims that Disney employed “nearly every trick in the Hollywood accounting book” to cheat them out of their rightful earnings.
Some of the notable projects financed by TSG include “The Banshees of Inisherin,” “Avatar: The Way of Water,” “Bohemian Rhapsody,” “Deadpool,” “The Grand Budapest Hotel,” and “The Shape of Water.”
Shifting Distribution Standards and Financial Losses
One of the key issues in the lawsuit revolves around the changing landscape of film distribution. With the rise of streaming services and the impact of COVID-19 lockdowns, distribution strategies have undergone significant transformations.
The lawsuit argues that collapsing distribution windows, a practice aimed at maximizing profits, has resulted in missed revenue opportunities for studios and investors like TSG. Disney allegedly forced 20th Century Film Studio to renegotiate its output deal, sacrificing a substantial portion of guaranteed HBO license fees in exchange for streaming rights on Disney+ and Hulu. While this move proved lucrative for Disney and its shareholders, TSG claims it cost them millions.
The financial setback caused by this arrangement also hindered TSG’s ability to invest in future projects, including the highly anticipated “Avatar: The Way of Water.”
Allegations of Unfair Deals and Manipulation
TSG further alleges that 20th Century Film Studio violated a standing agreement with FX Networks by brokering a secret side deal that undervalued the films. The lawsuit accuses Disney and its executives, including CEO Bob Iger, of prioritizing their own interests over those of TSG and other profit participants.
Attorney John Berlinski, who represents TSG, describes this practice as “Hollywood accounting,” a way for studios to cheat investors out of their rightful share of profits. Berlinski previously represented Scarlett Johansson in her lawsuit against Disney over her compensation for “Black Widow.”
Financial Losses and CEO Admission
Auditors estimate that TSG’s earnings were reduced by at least $54.5 million due to Electronic Sell-Through distribution. The lawsuit also highlights comments made by Disney CEO Bob Iger during an earnings call, where he admitted that the company pursued its streaming strategy without proper consideration for pricing.
Disney has yet to publicly comment on the lawsuit.
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