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The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal

By Scott Hervey & Tara Sattler on November 14, 2025
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After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.

In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss:

  • The background behind the ER “freeze clause”
  • Warner Bros.’ First Amendment arguments under California’s anti-SLAPP statute
  • The battle over what “derivative work” really means
  • How the trial court handled the Katz declaration
  • The broader implications for creative freedom and legacy IP

Watch this episode on YouTube or listen to this podcast episode here.

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Photo of Scott Hervey Scott Hervey

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving…

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving complex acquisitions, licensing, financings, and other transactions. He also assists clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. He discusses IP Law topics on the weekly video series The Briefing.

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Photo of Tara Sattler Tara Sattler

Tara Sattler is a shareholder in the Firm’s Entertainment group and serves as an ex-officio member of the Firm’s Managing Board.  Tara represents Oscar, Emmy, and Grammy Award winning clients. Her practice is focused on representing production companies, producers, financiers, and content creators…

Tara Sattler is a shareholder in the Firm’s Entertainment group and serves as an ex-officio member of the Firm’s Managing Board.  Tara represents Oscar, Emmy, and Grammy Award winning clients. Her practice is focused on representing production companies, producers, financiers, and content creators across various media, including film, television, audio, and digital spaces. Her expertise encompasses all of the phases of development, financing, production, and distribution of scripted and non-scripted content for all budget levels. Tara emphasizes providing advice to her clients in every stage of their entertainment industry endeavors, which includes comprehensive representation on groundbreaking partnerships, arrangements, experiences, and agreements.

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  • Posted in:
    Intellectual Property
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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