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MIGHTY GLEN KULIK by
Jennie Louise Frankel Published in
the Motion Picture and Television
Industry Magazine (January 2000)
|
| Last year, the
California Supreme Court upheld a 7.3
million dollar award in entertainment
attorney Glen L. Kulik's "Northern
Exposure" case. With interest,
the case brought Kulik's client close
to ten million dollars. |
When in the presence of "Mighty Glen
Kulik", powerhouse entertainment litigator,
defender of the rights of those talented,
creative types who have been victimized by
the system, one cannot help but be struck
by his unassuming, humble demeanor. A studio-giant
back breaker, Kulik is a man who is known
to be a quiet observer as he assesses and
plans his mega million dollar cases. His lawsuits
are the kind talked about in boardrooms of
major studios and industry haunts (as well
as presented as case law prototypes to be
studied in law school for now and years to
come.) These cases, where Kulik "rights
the wrongs" perpetrated against often
ordinary people - who mostly don't stand a
"chance in hell" against the big
giants of a industry notorious for having
been built upon by something known as "creative
rape" - have made history in the legal
arena.
More comfortable talking about his famous
director father, Buzz Kulik, than he is about
blowing his own horn, Kulik has been quietly
responsible for taking on, settling, and winning
lawsuits from some of the biggest "suits"
in the industry. We're talking about a pocket
full of the largest companies in Hollywood.
In a town where many attorneys take the easier
road, defending the "big boys",
Glen is known for choosing his clients carefully,
historically erring on the side of those who
have been "done wrong".
Glen
smiles from behind his desk at his offices
at Kulik, Gottesman and Mouton in Century
City. "I am often asked why I don't represent
the other side, the studios. The truth is.
I haven't been asked. But I am available.
Maybe."
The law firm of Kulik, Gottesman and Mouton,
with fourteen attorneys and thirty-five employees,
is what might in this town be considered a
boutique law firm. The atmosphere in the marble
and glass contemporary office, that takes
up a good part of the eleventh floor in the
1880 Century Park East building in Century
City, is one of an extended family. "For
me, the best part is I get to work with my
two best friends, Don Gottesman and Kent Mouton."
When a case goes to trial, everyone is keenly
aware and helps out when needed. Their carefully
selected family, attorneys and employees,
genuinely care about each other and the firm's
cases. And like an Ivy League College rooting
for their team, word spreads fast of victories
and challenges.
"It's an amazing experience to be in
that office during these emotionally charged
times when a case goes to trial," says
one client who has been with Glen for years.
"Those people seem to really care about
you."
ON THE JOB
Kulik began his career at O'Melveny & Myers,
one of California's largest and most prestigious
firms. However, "For me, it started pretty
seriously in 1986, when I represented a client
who'd claimed he'd written a teleplay that
was the real basis of a new television series.
It was a hard fought trial that settled in
the middle of trial." Kulik doesn't expand
for he simply doesn't know how to brag. Since
his reputation precedes him, perhaps this
is enough for the man with penetrating green
eyes that seem to gaze into one's soul as
he sizes you up - an occupational hazard.
Another case involved a woman in the production
department at Columbia Pictures. She was terminated
for approving vouchers for producers and executives
who allegedly sought reimbursement for their
personal expenses, which they instructed her
to charge to their films. While she was fired,
the big shots had not been. "I'm sure,
in those days, Columbia Pictures figured I
was a young man and wouldn't put up too much
of a fight." In as close to a brag as
you'll get from Kulik, he continued, "I
held my own."
Then there was the woman who was in a lawsuit
with Disney and whose lawyers wanted out of
the case because they didn't think it could
be won. Kulik took over the case and ultimately
convinced a jury to award 4.5 million dollars.
"I
handle a large number of Copyright and Idea
Submission cases. Everybody in the world thinks
their idea has been ripped off. Sometimes
it's true, sometimes it's not true. Sometimes
it's true and can't be proven. Some have merit
but there isn't enough money involved to make
it worth 'going to war.' That's overly dramatic
I suppose, but only slightly so." A man
of ethics and high moral standards, Kulik's
self imposed prime grade benchmark practices
are ironically born by way of an endowment
from the industry. "Because I grew up
in the entertainment business, I'm not interested
in embarrassing people or harming them�so
I try to take these cases on merit. I try
never to file a case without writing a letter
to the adversary first to give him a chance
to explain, or show us we're wrong. I'm not
trying to extort or harm anybody, and from
time to time, when it is demonstrated to my
satisfaction a case has no merit, I will insist
that my client dismiss the case."
LANDMARK CASE: NORTHERN EXPOSURE
"The Northern Exposure case went
to trial, and my client, Sandy Veith, won.
The jury returned a verdict for 7.3 million
dollars. The verdict was appealed all the
way to the California Supreme Court. By the
time the case was resolved, with interest,
the payment was close to 10 million dollars.
"Sandy was a young writer/producer who
had worked on several Norman Lear hits in
the 1970s, such as All in the Family
and The Jeffersons. He entered into
a development deal with Universal in 1981
and wrote a pilot for a series called Colletta.
Universal optioned Colletta in succession
to NBC and ABC, both of whom ultimately passed
on the project. At Universal's request, Veith
signed a series of letter agreements extending
Universal's right to sell the series through
the end of 1987. At that point, when the series
had not sold, we argued the rights reverted
to Veith. About a year later, Universal sold
the Northern Exposure series to CBS.
"Both Colletta and Northern Exposure
were about a young New Yorker, fresh out of
medical school, whose education had been financed
by a small rural community that needed a doctor.
He young man was contractually bound to repay
the debt by working in this small community
for five years. Both projects began with the
young doctor en route to his new life, only
to discover the setting and conditions were
not as anticipated, and he would be surrounded
by quirky characters whom he could not escape.
The same Universal executives who had championed
Colletta were the persons who sold Northern
Exposure to CBS.
"Veith
prevailed against long odds. At the hearing
on the post trial motions, Universal was represented
by four sets of lawyers, including labor law
specialists, appellate specialists, and Writers
Guild lawyers, who were arguing for and supporting
Universal rather than for WGA member, Veith.
The appeals, including a petition to the California
Supreme Court, lasted longer than the original
trial court proceedings. The opinion of the
Court of Appeal was 65 pages long and upheld,
among other forms of damage, 4.5 million dollars
as the value of the lost screen credit on
Veith's future career.
"Including appeals, the case lasted five
years, and until the very end, Universal had
never even made a settlement offer. Universal
made me go to the studio to pick up the check
- I didn't mind one bit."
HOLLYWOOD HERITAGE
You might say success in the entertainment
industry is Glen Kulik's birthright; it is
in his bloodline. Glen's father, Buzz Kulik
(who passed away in January of 1999), is known
for his major contributions to television
and movies as a prodigious director and producer.
Though Glen is the personification of professionalism,
if there is anything that causes him to be
animated, it's talking about his father. "Wherever
I go, when people hear my name, they ask if
I'm related to Buzz Kulik. People often tell
me how my dad touched their lives. I was always
very proud of my dad. He was better than most
at what he did and had an ability to separate
work from his family life."
Glen is proud that his father was at the forefront,
a pioneer in the television industry. He explains.
"My dad was working in the mailroom at
J. Walter Thompson in New York, and there
was a message posted on the board about this
new industry called television. If anyone
was interested in becoming a director, please
sign up. My dad signed up.
"During his career, dad received an estimated
200 directing and producing credits starting
in live television (Playhouse 90), eventually
graduating to work on some of the television's
most beloved series, including Twilight Zone,
Gunsmoke, Perry Mason, Dr. Kildare, and The
Defenders. Later, he directed such landmark
television films as Brian's Song, and A Storm
in Summer. In 1969, he directed what is often
credited as television's first mini-series,
Vanished. He went on to direct some of television's
most renowned mini-series, such as The Lindbergh
Kidnapping, for which newcomer, Anthony Hopkins,
won an Emmy. Natalie Wood and Kim Basinger
were dad's directees on the television version
of From Here To Eternity. He also directed
Jacqueline Suzanne's Rage of Angels, Kane
and Abel with Peter Strauss, and George Washington
with Jaclyn Smith, as well as the mini-series,
Around the World in 80 Days, for PGA producer,
Rene Valente."
The son adds, "Success never went to
dad's head. He would tell me, 'When you're
young, you want to set the world on fire,
and at some point, you realize it's just a
job.' He loved the work, however but not the
glitz. "Dad always kept his sense of
humor. One funny incident occurred ten years
ago. My father went into a hardware store,
and when he wrote a check, the man looked
up at my dad and said, 'Didn't you work on
Twilight Zone?' 'Yes, I did,' my father replied
with a smile, expecting to be asked for an
autograph. 'I thought all you guys were dead.'"
Glen attributes so much of his success to
the support and love of his family. He speaks
glowingly of his wife, Deborah, and how she
stuck with him through the ups and downs of
the profession, often, in the early years,
working right by his side.
The Kuliks have three daughters. "Kimberly,
18 just finished her first year at UCLA as
a business/economics major; Sarah, 15, attends
El Camino High School in Woodland Hills, and
Hannah, 3, whose aspirations are to get as
many Barbies as she can for her birthday."
Buzz Kulik left behind his wife of 53 years,
Lorraine, and Glen's sister, Jennifer Perez,
who was an actress for a number of years and
later became controller for literary agent,
Lew Weitzman. She is married to Raul Perez,
an executive in the music department of Sony.
They have two children, Hilary, 17, and Juliana,
10.
Glen's entire family is close knit. He explains,
"A page in my life has been written,
and yes, I've accomplished things, but by
and large, you realize you're still mortal
and life goes on. Family is really where it
starts and where it ends."
We asked Glen to share his opinion about the
number one concern of the PGA - proliferation
of credits. We bristle at the number of unjustified
credits being given so freely - but what about
those whose credits are unjustly taken away
or overlooked altogether? They turn to champions
like Kulik, who explains.
"There is no way to adequately compensate
a person for the loss of his or credit. I
believe people should get credit for the service
they perform. If you were to look at the Writers
Guild literature, it says credits are the
'life blood' of the industry. When a client
comes to me, I make it clear, 'All I can get
for you is the money; I can't get the credit.'
In the Northern Exposure case, the jury awarded
4.5 million dollars for the writer's loss
of credit."
"And what does it take to be a good entertainment
attorney?" we asked Kulik.
"Make sure you understand you're not
there to be an entertainer. You're there to
perform a service for the person who hires
you. You shouldn't be seduced by the glitz
and the glamour. You should do the job you
do... make the best negotiations, and by all
means, get the deal done before your client
starts.
"I've been around the entertainment business
my whole life. I don't know why, but I've
never seen the industry as being that glamorous.
If you've seen a show being filmed, it isn't
glamorous. It's very hard work with long hours.
That's the side of the business that I always
saw. When I think of this business, I think
of the hard work. I see the effort more than
the premier and the applause. I didn't go
to the parties growing up. So, because of
that, my view may be skewed a little bit because
I know of the hard work, the blood, and the
sweat that goes into making these things."
"If you don't do a good job for the client,
there are a thousand people ready to take
your place. You have to prove yourself every
time. No matter what success you've had, you
have to start all over and prove yourself
again. In the entertainment business, you
can have one hit and once off that reputation
for the rest of your life. In the legal business,
you don't have that. In the legal business,
you have to get the job done."
"Mighty Glen Kulik" continues to
get the job done and is currently representing
clients against such major institutions as
FOX, Disney, Universal, and NBC."
Jennie Louise Frankel
is a New York Times best selling author, playwright,
and columnist. Jennie is a Blue Ribbon Panel
Judge for the Academy of Television, Arts,
and Sciences and is on the Board of Governors
of Donna Lee's Scriptwriting Institute, featured
in Marquis Who's Who in The World 2000, Millennium
Edition as well as Marquis Who's Who in American
Women.
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