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2020/07/08

Dear Johnny Depp, Fire Your Lawyers

If there's a single word to describe Johnny Depp's status at the moment, I'd go with zugzwang, which chess aficionados know to be the moment when a player basically gets cornered into making a move that will inevitably lead to an even more inferior position. On Tuesday, the star actor appeared in a London courtroom to take on the U.K. publisher of The Sun for characterizing him as a "wife beater" in the print edition of an April 27, 2018, online article.  Unfortunately for Depp, it seems to be a defamation trial that's a no-win situation.

Depp appears to think that success is achievable at a proceeding that will last several weeks and feature all sorts of inside details about his life plus celebrity friends including Paul Bettany and Winona Ryder. Depp is claiming that during his tumultuous marriage to Amber Heard between 2015 through 2017, he didn't actually throw a phone at her, slap her across the face, and grab her by the hair, as she once testified in a deposition during one of the nastiest divorces in Hollywood history. Perhaps Depp will play audio tapes in an effort to claim his ex-wife was the abusive one in this stormy relationship. It won't matter because there's really no reversing the damage that Depp has incurred these past few years.



That should have become obvious on June 26 when it was revealed that Disney was working on a new Pirates of the Caribbean, this time featuring a female-fronted cast led by Margot Robbie. In other words, at the exact moment when a U.K. judge was deciding on whether to actually proceed with Depp's libel suit after the actor's attorneys breached a court order by failing to turn over a series of text messages concerning the procurement of drugs, Depp may have lost his most lucrative role. A source tells The Hollywood Reporter that Jerry Bruckheimer would like to at least nod to the popularity of the Captain Jack Sparrow character in the coming film if the controversies die down, but at this point, Disney is resistant. Depp is too controversial. (Disney didn’t respond for comment.)

So Depp will pursue a favorable verdict and a nominal damages award from a trial that's playing out under English defamation standards — in other words, where the burden of truth is on the news publisher to establish rather than Depp. Meanwhile, over the next few weeks, amid an international pandemic, Depp will surely incur additional reputational harm from these prying court proceedings, the impetus for which was a column questioning J.K. Rowling's defense of Depp being cast in the adaptation of her book Fantastic Beasts and Where to Find Them. It's hard to sue one's way out of controversy.



Given this situation, it's no wonder Hollywood insiders are increasingly puzzled over Depp's moves. I spoke to several industry attorneys and publicists, all of whom offered some variation on the theme that the public would likely have forgotten Depp's years-old troubles but for court actions that keep reminding everyone.

“One of the things you’re always balancing is, how do you respond to accusation? Do you add more fuel to the fire or let it dissipate?” asks Howard Bragman, a longtime crisis manager in the entertainment industry.

Says Neville Johnson, an attorney who has previously brought suits against tabloids but questions the star plaintiff's wisdom here: “Depp doesn’t need the money [from any damages award] and it is not going to enhance his reputation.”

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