Nicki Swift – Rachel Fiset on the Legal Reason Chris Rock Might Be Hesitant to Sue Will Smith

April 18, 2022
Lawyers Explain The Complicated Legal Reason Chris Rock Might Be Hesitant To Sue Will Smith

There has already been a ton of fallout from that time Will Smith slapped Chris Rock in the face on stage at the Oscars (remember that!?). Smith got to keep his Oscar, but was forced to resign from the Academy and was banned from attending any Academy Awards either in person or virtually for ten years, according to Deadline. Smith has also made several public apologies to fans, to the Oscars audience, and to Rock himself. But it might not be over. Could Smith also be facing legal repercussions?

Some people have been considering the possibility that Rock could sue Smith personally for the slap. If Rock is going to get litigious about this, we have to wonder: What’s taking so long? So we decided to take the question to experts: managing partner of the L.A.-based law firm, Zweiback, Fiset & Zalduendo, Rachel Fiset, as well as Christa Ramey of Ramey Law PC, a civil rights and trial attorney based out of Los Angeles. 

So, if Chris Rock did try to sue Will Smith for damages, what might those be? “Rock would need to prove damages he suffered as a result of the slap. This would include any damages to his career such as money lost in various revenue streams resulting from the event and, more likely, any emotional distress damages he has endured,” Rachel Fiset exclusively tells Nicki Swift. If anything, it looks like Smith’s career is the one that’s in the most trouble.

Read More: https://www.nickiswift.com/836067/lawyer-explains-the-complicated-legal-reason-chris-rock-might-be-hesitant-to-sue-will-smith-exclusive/?utm_campaign=clip

Court TV – Rachel Fiset weighs in on Amber Heard’s Accusations of Abuse in Depp Defamation Trial

https://youtu.be/MxY4BppfJqM

April 14, 2022 – Rachel Fiset weighs is on Amber Heard’s accusation of abuse in Depp Defamation Trial. (Part 2 of 2)

 

Spectrum News – Academy Bans Will Smith

April 11, 2022 – Rachel Fiset discusses the details and consequences of the Academy’s actions against Will Smith.

USA Today – Rachel Fiset on What the Academy’s 10-year ban Means for Will Smith and Future Oscar Nominations

https://www.usatoday.com/story/entertainment/movies/2022/04/08/will-smith-banned-academy-what-means-future-oscar-nominations/9516893002/

April 8, 2022 – Maria Puente

Most people not in Hollywood are likely wondering: What does this mean for Smith’s future and his future projects, which could involve hundreds or even thousands of blameless movie workers?

Here’s a look at what this means in terms of practical consequences, with help from some legal experts:

What did the Academy say?

In a Statement released Friday announcing its decision, the Academy said that the 94th Academy Awards show was “overshadowed by the unacceptable and harmful behavior” of Smith. So he’s persona non grata for the next decade, forbidden from attending “any Academy events or programs, in person or virtually, including but not limited to the Academy Awards.”

The Academy also apologized for its own missteps and gave a shout out to Rock for his grace under “extraordinary circumstances.”

“During our telecast, we did not adequately address the situation in the room. For this, we are sorry. This was an opportunity for us to set an example for our guests, viewers and our Academy family around the world, and we fell short — unprepared for the unprecedented.

“We also hope this can begin a time of healing and restoration for all involved and impacted. Thank you.”

Can Smith be nominated and win an Oscar in the next 10 years?

Yes, but the Academy said nothing about that. Cue Rachel Fiset, a former lawyer for the Academy, now a criminal defense lawyer in Los Angeles. 

She says Smith is not banned from being nominated or winning in the future. If he wins, he can’t be there to accept but he can send a representative to accept for him. It’s happened before and more than once.

Smith will not be allowed to vote for awards for the next 10 years, which would have been the case anyway after he resigned from the Academy last week. He also won’t be able to attend the awards show and related events, and next year will miss the pleasure of following a tradition considered a big deal in Hollywood.

“He lost the ability to present the best actress award next year, which is a special moment in and of itself,” says Los Angeles entertainment lawyer Mitra Ahouraian.

Was this punishment the worst the Academy could hand out?

No. The Academy could have expelled him permanently, banned him from being nominated or winning future awards, and/or rescinded his just-awarded Oscar. 

“Their decision is what makes the most sense and what I thought would happen,” says Ahouraian. “He shouldn’t be allowed to attend the Oscars – that makes perfect sense and he lost that privilege by showing he doesn’t know how to act.”

But both Ahouraian and Fiset were surprised at the length of the ban; they expected five years or less. “It had to be a long enough period to feel like punishment,” Ahouraian says.

Fiset called it a “pretty heavy-ish punishment.”

“It may reflect how the industry is thinking of Will Smith at this time,” she says. “It looks like the temperature in Hollywood is angry at him, there is a bad feeling and it’s lingering. (This) shows that the board of governors, which includes producers, actors, writers, directors – a little sliver of every part of the industry – is showing what the movie-making industry feels about him right now.”

Why were the Academy’s options limited?

First, because Smith resigned before the board could act to do worse. 

“He took away their ability to expel or suspend him, so now the punishment options were limited to: Are you allowed back into the Academy Awards?” Fiset says. “They didn’t address whether he could rejoin again (after 10 years)… They were silent on that because it was not the question in front of them. Since he’s no longer a member of the group, they could only choose to let him in or not at the awards.”

Only a handful of members have ever been expelled, including convicted sex offender Harvey Weinstein and director Roman Polanksi, who was expelled in 2018 four decades after he pleaded guilty to statutory rape and then fled the country to avoid a harsh prison sentence.

The Academy did not rescind Smith’s Oscar. Neither Weinstein’s nor Polanski’s Oscars have been rescinded, and Polanski got his in 2003 for directing “The Pianist,” decades after his guilty plea. 

“They couldn’t take back his Oscar when they didn’t take back Harvey Weinstein and Roman Polanski’s without causing a huge uproar in Hollywood and beyond,” Ahouraian says.

Another option, banning Smith’s future films from being eligible for nominations and awards, also would be seen as too extreme and unfair to the hundreds or thousands of people who work on any given movie, Ahouraian says. 

“It wouldn’t be just to disqualify his films from future awards given he’s not the only one creating those films,” she says. “It would in essence end his career in Hollywood since the possibility of an Oscar is always an aspiration, and who would want to rule that out by working with him?

“That decision would be far too extreme and I don’t think Hollywood would back it.”

Why the pressure to punish Smith when other Academy members’ punishments were belated?

Times have changed, and public opinion has changed. Also, a physical attack on TV doesn’t happen every day. 

“There’s a more heightened awareness as to what actors and superstars can get away with – we’re living in a more enlightened world and the Academy is waking up, albeit slowly, to that,” says Fiset. “It’s hard for them to promote kindness and a non-violent society and at the same time have someone get slapped on their stage in front of millions of viewers. 

“The public was outraged so the Academy is just being in some ways reactive of public opinion,” she says. “It reflects the image of a newer society, one in which you don’t beat up a guy who insults your wife – you talk about it.”

NewsNation – Rachel Fiset on Will Smith’s 10-Year Ban from Academy Awards

April 8, 2022 – The board of governors for the Academy of Motion Picture Arts and Sciences banned actor Will Smith from any academy events for 10 years after the actor assaulted comedian Chris Rock at the Oscars.

 

Bloomberg Law – Rachel Fiset on Will Smith’s Assault of Chris Rock at the Academy Awards

April 2, 2022 – Rachel Fiset, Managing Partner of Zweiback, Fiset & Zalduendo, discusses the continuing fallout for actor Will Smith after he slapped comedian Chris Rock at the Oscars. June Grasso hosts.

NewsNation – Michael Zweiback on Plot to Kidnap Gretchen Whitmer

 

April 1, 2022 – Jurors began deliberating in the case of the alleged plot to kidnap Michigan Governor Gretchen Whitmer. Michael Zweiback, a former Assistant U.S. Attorney in the Central District of California, joins NewsNation Prime to offer his analysis of the case.

NewsNation – Rachel Fiset on the Latest Developments in “Slap Gate”

March 29, 2022 – The Academy of Motion Picture Arts and Sciences will meet on Wednesday to decide what, if any, sanctions it will levy on Will Smith for slapping Chris Rock at the Oscars. Rachel Fiset, an attorney who previously worked for the Academy, joins NewsNation Prime to offer her analysis of the choices before the Academy.

Bloomberg Law – Rachel Fiset On Potential Consequences For Will Smith Over Oscar Slap

March 30, 2022 – Rachel Fiset, Managing Partner of Zweiback, Fiset & Zalduendo, discusses the legal and professional consequences for actor Will Smith after he slapped comedian Chris Rock at the Oscars.

KNX News Radio Live – Rachel Fiset on Will Smith’s Oscars Slap

March 28, 2022 – It was the slap heard and seen around the world. Now the Academy has condemned Will Smith’s actions against Chris Rock and has started a formal review into what happened. We go In Depth into Will Smith, Chris Rock and the Oscars.

USA Today – Rachel Fiset on Academy’s Formal Review of Will Smith Slap to Chris Rock

https://www.usatoday.com/story/entertainment/celebrities/2022/03/28/oscars-chris-rock-will-smith-police/7189129001/

March 28, 2022 by Maria Puente and Marina Pitofsky

Chris Rock declined to file a police report Sunday after Will Smith slapped him onstage at the Academy Awards, Los Angeles police appeared to confirm.   

But now the Academy says it will investigate on its own, releasing a statement Monday afternoon: “The Academy condemns the actions of Mr. Smith at last night’s show. We have officially started a formal review around the incident and will explore further action and consequences in accordance with our Bylaws, Standards of Conduct and California law.”

This goes one step further than what the Academy said just after Sunday night’s show, which was basically that it didn’t condone violence. 

The moment that shocked Hollywood and millions of viewers came after Rock made a joke about a “G.I. Jane” sequel, referencing Jada Pinkett Smith’s bald head. (Actress Demi Moore appeared in the 1997 movie with a shaved head.)

Smith appeared to laugh at first, before walking up to the stage, slapping Rock, returning to his seat and yelling, “Keep my wife’s name out of your (expletive) mouth.”

Pinkett Smith was seen rolling her eyes after Rock’s joke at the awards show. 

In 2018, she confirmed that she was diagnosed with alopecia, an autoimmune skin disease that can cause hair loss on the scalp and on other parts of the body. 

Has this ever happened at the Oscars before?

Not as far as Rachel Fiset knows. She’s a former lawyer for the Academy (now a criminal defense lawyer in Los Angeles) who used to be among the team of lawyers who, with city lawyers, would work the Oscars before the show, making sure people without tickets didn’t sneak in, and having them removed if they did. Then they’d get to go inside and enjoy the ceremony themselves. 

“(The Oscars show) is so warm and so friendly and so fun, and everyone is so excited – so this was really out of the norm,” she says. Nevertheless, what happened was “a crime, a misdemeanor, and it could absolutely be charged if the city attorney wanted to pursue it, but I have a hunch they won’t without Chris Rock’s cooperation.”

Why wasn’t Smith removed from his seat after the slap? It was possible to do so, Fiset says, but the lawyers are scattered throughout the audience and probably didn’t have time to come together to decide.

More to the point, she says, the show’s producers and lawyers doubtlessly “knew he was going to win” and taking him out would not have been a good look for anybody, especially the Academy. 

“The Academy is very conservative and I think not doing anything last night was a conservative approach,” she says. “On balance, the Academy made a fair decision in leaving him in the audience to win his Oscar, and then dealing with it today.”

She was impressed with Rock’s low-key reaction. The “joke” he told might have been mean but it wasn’t a crime. “He handled it perfectly,” she says. “Will Smith looks very angry, and did himself a lot of reputational harm.”

He will likely get Oscar’s slap-on-the-wrist punishment, she predicts.

Read more at https://www.usatoday.com/story/entertainment/celebrities/2022/03/28/oscars-chris-rock-will-smith-police/7189129001/

Newsy – Rachel Fiset on Racial Discrimination Lawsuit Against Wells Fargo

March 21, 2022 – A homebuyer has filed a class action suit against Wells Fargo, claiming the bank discriminated against African American borrowers through its mortgage origination and underwriting practices. Christopher Williams filed the suit in the U.S. District Court for the Northern District of California against Wells Fargo, which is headquartered in San Francisco. The complaint seeks unspecified damages for four counts of race discrimination and violation of the Equal Credit Opportunity Act.

Spectrum News – Michael Zweiback on the impact of U.S. Economic Sanctions on Russia

Good Morning Britain – Rachel Fiset on Prince Andrew’s Settlement in Sexual Assault Case

Feb 16, 2022 — Prince Andrew has settled the sexual abuse lawsuit with Virginia Giuffre after he agreed an undisclosed deal said to be worth £7.5million. With no admission of guilt Prince Andrew acknowledged Virginia Giuffre has been a victim of abuse and unfair public attacks. He also expressed regrets for his association with Jeffrey Epstein and pledged to support the fight against sex trafficking. Rachel Fiset comments on what the Duke of York’s out-of-court settlement means for the royal family.

Yahoo Finance – Michael Zweiback on Key Role of Cyberattacks in Russia’s Strategy in the Ukraine.

February 24, 2022 – Michael Zweiback weighs in on the key role of cyberattacks in Russia’s war strategy in the Ukraine. What is the impact on Ukraine civilians? Could these strategies redefine cyber warfare?

 

Court TV – Rachel Fiset on Ahmaud Arbery Federal Hate Crimes Trial

February 16, 2022- Rachel Fiset talks with Michael Ayala on Court TV as testimony continues in federal hate crimes trial in the killing of Ahmaud Arbery.

Court TV – Rachel Fiset comments on Release of Animation of Deadly Set Shooting of Halyna Hutchins

February 22, 2022 – Trial Attorney, Rachel Fiset, comments on the release of animated reenactment of Halyna Hutchins death detailing the ongoing safety breaches on the production set of “Rust”.

CGTN – Rachel Fiset on Sandy Hook Mass Shooting Settlement and its Impact on Gun Makers

 

February 19, 2022 – Families who lost loved ones in the Sandy Hook mass shooting were awarded 72 million dollars this week by insurers of the company that made the gun used in the attack. Gun control advocates say the landmark case could act as a blueprint for other cases. Federal law largely shields gunmakers from any liability relating to shootings, however they can be sued for violating Federal and state laws relating to how they market their products. Rachel Fiset says this case is a game changer, “This will provide a blue print for other plaintiffs to go after gunmakers under deceptive practices.”

NewsNation – Rachel Fiset on Alec Baldwin sued by family of Halyna Hutchins

https://www.newsnationnow.com/video/alec-baldwin-sued-by-family-of-halyna-hutchins-newsnation-prime/7450151/

Court TV – Rachel Fiset on “Stand Your Ground” laws and Recent Road Rage Shooting Caught on Video

https://www.youtube.com/watch?v=y4_1vHRE-z8

NewsNation Now – TX teens accused of killing stepfather of alleged abuse of sister

https://www.newsnationnow.com/video/tx-teens-accused-of-killing-stepfather-of-alleged-abuse-of-sister-newsnation-prime/7404092/

Good Morning Britain – Prince Andrew Demands Jury Trial

January 27, 2022 – Rachel Fiset discusses Prince Andrew’s demand for a jury trial in the Virginia Giuffre sexual assault case. In a letter to Judge Lewis Kaplan on Wednesday, Andrew’s attorney Andrew Brettler set out a detailed response to Ms Giuffre’s allegations.

Black News Channel (BNC) – Rachel Fiset on the No Surprises Act

NewsNation – Rachel Fiset weighs in on Felony Charges in fatal Tesla autopilot crash

https://www.newsnationnow.com/video/felony-charges-are-1st-in-a-fatal-crash-involving-autopilot-newsnation-prime/7317789/

 

 

Good Morning Britain – Rachel Fiset Reacts to Developments in Prince Andrew’s Sexual Abuse Case

January 13, 2022 – Good Morning Britain

Rachel Fiset discusses Prince Andrew’s sexual abuse lawsuit after a judge in New York rejected his efforts to dismiss the case brought by Virginia Giuffre. Prince Andrew’s legal team had argued that Giuffre’s 2009 settlement with Epstein protected the duke from her lawsuit.

Yahoo Finance – Rachel Fiset on Elizabeth Holmes, Likely to Face ‘Double-Digit Sentence’

Watch the entire story here: https://finance.yahoo.com/news/elizabeth-holmes-theranos-prison-sentence-220302258.html

January 4, 2022 – Criminal law experts expect Theranos founder Elizabeth Holmes to be sentenced to more than a decade in prison after a jury found her guilty of defrauding investors in her blood-testing startup of millions of dollars.

“I could easily see the judge impose a double-digit sentence here,” former federal prosecutor Jacob Frenkel told Yahoo Finance Live on Tuesday, the day after the jury’s mixed verdict came down.

After a nearly four-month trial, a federal jury convicted Holmes, 37, on three counts of criminal wire fraud and one count of conspiracy to commit wire fraud. The jury deadlocked on three counts of wire fraud, leading to a mistrial on those counts. She was found not guilty on four counts of defrauding customers of Theranos, which Holmes had suggested could perform numerous diagnostic tests from a finger prick of blood.

Each of the counts carry a possible prison sentence of 20 years, along with a $250,000 fine and full restitution. However, judges rarely impose consecutive, or stacked, prison terms on white collar defendants like Holmes, who could in theory face 80 years in prison on the four convictions, given the judge’s leeway in sentencing. Still, experts say that the amount of money involved in the fraud could lead to a multi-year prison sentence for Holmes.

“For these white collar cases, that’s where they get you. The loss amount is just so critical,” says Andrew George, a white collar criminal defense attorney at Baker Botts.

The jury’s four guilty verdicts stemmed from three investments made by wire transfers in 2014: $38.3 million from experienced healthcare investor Brian Grossman; roughly $100 million by former U.S. Education Secretary Betsy DeVos; and $6 million by prominent estate lawyer Daniel Mosley, who was perhaps more influential than any other investor in steering wealthy clients to Theranos.

That roughly $144 million in victim losses, added to the conspiracy conviction that alleged no particular dollar figure, could carry heavier consequences than if Holmes were convicted of defrauding victims out of less significant amounts.

“I think the jury’s verdict was probably the best possible verdict for the government,” Frenkel says. “And the reason I say that is because the conviction was on the fraud counts — the total well over $100 million — which really sets up the judge to impose a high sentence.”

Still, George expects the judge to impose a more lenient sentence than the guideline range that he calculates to around 210 to 262 months, or 17.5 years to nearly 22 years. Judges are allowed to deviate from those guidelines.

“Because I think that’s a very severe sentence, and I don’t think he’ll go that hard,” George said, referring to Judge Edward Davila, who presided over the case. “But I would expect no less than five years, and quite possibly more than 10.”

Holmes was 19 when she dropped out of Stanford to launch Theranos, which aimed to revolutionize blood diagnostics technology. The startup, which boasted luminaries like Henry Kissinger and the late Secretary of State George Shultz as board members, imploded in 2018 after regulators halted some of its operations, and after a Wall Street Journal investigation revealed serious flaws in the technology.

Holmes’ onetime boyfriend and former Theranos COO Ramesh “Sunny” Balwani was indicted on the same counts as Holmes and is scheduled to face trial this year. During testimony in her own defense, Holmes said that Balwani verbally and sexually abused her while she was leading the company.

Holmes still has a challenging argument to make to mitigate her sentence given that she was the CEO, according to Rachel Fiset, managing partner of Zweiback Fiset & Coleman.

“After the judge considers all factors, I think it is likely she receives a sentence between 12 and 15 years in prison, a $1 million fine and restitution in the amount of loss,” Fiset predicts.

The prosecution will ask the judge to consider Holmes’ role in the criminal enterprise, the number of victims, and the amount those victims lost, to increase her sentence as much as possible, according to Fiset. In turn, Holmes, who gave birth in August while she waited this trial, will try to lessen that sentence.

“She will argue that she was young and did not understand the gravity of her actions, is a first time offender, has lost her livelihood and all semblance of a normal life, was not convicted of multiple counts, and that she is a new mother who wants a chance to see her child grow up,” Fiset said.

The jury’s decision was based on testimony from more than 30 witnesses as well as arguments from each party’s lawyers, and more than 900 exhibits introduced over the trial’s 15 weeks. Holmes is expected to appeal the decision.

Alexis Keenan is a legal reporter for Yahoo Finance. Follow Alexis on Twitter @alexiskweed.

NewsNation – Rachel Fiset on Elizabeth Holme’s Conviction

https://www.newsnationnow.com/video/elizabeth-holmes-guilty-of-fraud-conspiracy-newsnation-prime/7275249/

January 3, 2022- Rachel Fiset comments on Elizabeth Home’s conviction.

NewsNation Rush Hour – Criminal lawyer Rachel Fiset on the Ghislaine Maxwell verdict

Ghislaine Maxwell convicted in Epstein sex abuse case

December 29, 2021 –

The British socialite Ghislaine Maxwell was convicted Wednesday of luring teenage girls to be sexually abused by the American millionaire Jeffrey Epstein.

The verdict capped a monthlong trial featuring sordid accounts of the sexual exploitation of girls as young as 14, told by four women who described being abused as teens in the 1990s and early 2000s at Epstein’s palatial homes in Florida, New York and New Mexico.

Jurors deliberated for five full days before finding Maxwell guilty on five of six counts. Maxwell was found not guilty of enticing a minor to travel to engage in illegal sex acts.

With the maximum prison terms for each charge ranging from five to 40 years in prison, Maxwell faces the likelihood of years behind bars — an outcome long sought by women who spent years fighting in civil courts to hold her accountable for her role in recruiting and grooming Epstein’s teenage victims and sometimes joining in the sexual abuse.

Criminal defense attorney, Rachel Fiset, comments on the verdict.

BBC World News – Rachel Fiset on the Ghislaine Maxwell guilty verdict

December 29, 2021 – A jury convicts British socialite, Ghislaine Maxwell, for grooming underage girls for sex.

NewsNation Prime – Criminal lawyer Rachel Fiset on the Kim Potter verdict

https://www.youtube.com/watch?v=8YfhFNCmapE

December 23, 2021 – Jurors on Thursday convicted a suburban Minneapolis police officer of two manslaughter charges in the killing of Daunte Wright, a Black motorist she shot during a traffic stop after she said she confused her gun for her Taser. The second-degree manslaughter charge required prosecutors to prove that Potter caused Wright’s death “by her culpable negligence,” meaning she “caused an unreasonable risk and consciously took a chance of causing death or great bodily harm” to Wright while using or possessing a firearm. NewsNation’s Mari Hughes speaks with criminal attorney Rachel Fiset about the verdict of the Kim Potter trial, and the complex implications of this verdict on the use of deadly force by the police.

Forbes – Michael Zweiback on OSHA’s Launch of Criminal Investigation Into Amazon Warehouse Hit By Tornado

December 21, 2021 by Edward Segal

It’s often a matter of time after a disaster or other crisis when an investigation is launched to find out what happened, how, why and the lessons to be learned. In the wake of a historic crisis, the investigation is likely to happen sooner rather than later.

On Monday, OSHA began a probe into Friday’s deadly collapse of the Amazon warehouse in Edwardsville, Illinois that was destroyed by one of the 60 tornadoes that hit nine states Friday and Saturday.

It did not take long for the investigative process to start. OSHA inspectors arrived at the site of the Amazon fulfillment center on Saturday, according to the Washington Post. In a 10-word statement, Amazon spokesperson Kelly Nantel summarized the agency’s mission and the retailer’s role in their probe this way: “OSHA investigates all workplace fatalities and we are supporting them.”

When And How Results Will Be Known

CNBC reported that, “OSHA has six months to complete its probe, issue citations and propose monetary penalties if violations of workplace safety and/or health regulations are found, OSHA spokesperson Scott Allen told CNBC in a statement.”

Harry Nelson is the founder and managing partner of the Nelson Hardiman law firm. He observed that, “While most OSHA violations receive little public attention, in cases like the Amazon disaster, media attention will mean that the report findings and penalties will be known immediately, and the public will know as soon as the report is filed.

“OSHA maintains enforcement oversight to verify that any corrective action is taken to remediate any problems,” according to Nelson.

Additional Investigations Possible

Michael Zweiback is a partner at the law firm of Zweiback Fiset & Coleman. He noted that, “On occasion, where an OSHA investigator believes the incident of workplace safety could rise to a level of criminal negligence, the case may be referred to the local district attorney who may also have law enforcement investigate the incident to determine if there should be a criminal prosecution. 

“In this instance, OSHA and law enforcement investigations may continue on parallel tracks but the criminal prosecution and penalties becomes the main focus of all investigatory efforts,” he said.

Storm Shelter Requirements In Illinois

Clifford Oliver is a recently retired former FEMA senior official and now the principal at Nanticoke Global Strategies. He said, “It is worth noting that all of Illinois is in the highest tornado risk area in the International Code Council’s Standard for the Design and Construction of Storm Shelters that is referenced in the International Building Code (IBC). 

“When located in the highest tornado risk area, the IBC requires storm shelters in 911 call stations, emergency operations centers, fire, rescue, and ambulance stations, police stations, and K-12 school buildings with a capacity of 50 or more occupants. The IBC does not require businesses to provide a safe room for its workers, so it is up to each employer to make a decision,” Oliver observed.

About OSHA Investigations

Process

Legal analyst, commentator and investigations expert Tracy Pearson observed that, “Investigations are initially fact-finding endeavors. OSHA investigators will interview surviving employees, collect evidence from other sources, such as 9-1-1 calls, and try to piece together what happened and when. 

“They will apply those facts to current regulations to make findings. In areas where [there] are gaps in protections for employees, they will collaborate to promulgate new rules. In cases where there are more than three fatalities you will be able to review the incident file on the OSHA website under Catastrophes and Fatalities or Accident Reports, depending on the issue classification,” she said.

Review Of Emergency Action Plan

Oliver said OSHA investigators “will be reviewing the facilities Emergency Action Plan (EAP) that is required under federal regulations. They will be reviewing the written plan itself and reviewing how Amazon executed the plan as each employer is responsible for the safety and health of its workers and for providing a safe and healthful workplace for its workers.”

‘One Area Of Contention’

He noted that, “Employers are required to protect workers from the anticipated hazards associated with the response and recovery operations that workers are likely to conduct. An EAP must address emergencies that the employer may reasonably expect in the workplace.

“One area of contention will be the ‘reasonably expect’ provision and whether Amazon took sufficient action to protect their employees from the threat of tornadoes in the area where the facility is located,” according to Oliver.

Determining The Scope Of The Investigation

Kristen Panella is a workplace safety expert with Summit Safety & Efficiency Solutions, a safety and industrial engineering firm. He noted that OSHA investigators, “are appropriately trained and experienced compliance officers assigned by the area director [who] determines the scope of the fatality/catastrophe investigation.

“OSHA encourages the use of videotaping as a method of documentation and gathering evidence, according to Panella. “Inspections following fatalities or catastrophes typically include videotaping when appropriate. The OSHA inspectors will interview all persons with first-hand knowledge of the incident, including employees, first responders, police officers, medical responders, and management.

“Because cases involving a fatality may result in civil or criminal enforcement actions, the area director is responsible for reviewing all fatality and catastrophe investigation case files to ensure that the case has been properly developed and documented in accordance with the procedures outlined in this instruction,” he said.

Analysis

A Reminder

Michel Anteby is a professor of management and organizations at Boston University’s Questrom School of Business. He said that, “… the Amazon warehouse collapse reminds us that most contemporary workplaces are not conducive to fostering a culture of safety. Decades of research on team dynamics highlights that rotating people in and out of teams is often counter-productive in terms of safety outcomes.

One Factor To Consider

“While we don’t know the specifics of Amazon’s staffing policy, we can only imagine that the night shift was probably not the most popular one. Those working that shift maybe stayed on for the extra earnings or because their schedules did not allow them to pick up work during the day. It would therefore not be surprising that people’s tenure on that shift was lower than on others, and that the constant cycling of people in and out might have contributed to the loss of lives,” Anteby commented.

One Possible Outcome

“Like in the 1911 New York City Triangle Factory Fire event, it’s both saddening and humbling to see that it might take a tragedy for better and safer working conditions to be implemented. The Edwardsville Amazon warehouse collapse will go down in history as one of the worst natural disasters to hit the region in decades. But it might also go down in history as the moment new safety standards finally get discussed and enforced,” he concluded.

 

 

Good Morning Britain – Rachel Fiset on Alec Baldwin’s On-Camera Interview Following Tragic Death

December 2, 2021 – Good Morning Britain

“… He’s clearly devastated… and he feels like he has to defend himself. He was clearly coached by an attorney where he was cleared to say ‘someone is to blame for this and it is not me’. That admission in and of itself could be problematic in that he is a producer of the movie.”

NewsNation Prime – Rachel Fiset cautions against speaking publicly during an active investigation

December 2, 2021 – NewsNation Prime

Alec Baldwin said he feels incredible sadness and regret over the shooting that killed a cinematographer on a New Mexico film set, but not guilt.

“Someone is responsible for what happened, and I can’t say who that is, but it’s not me,” Baldwin said in an ABC interview with George Stephanopoulos that aired Thursday night, the first time the actor has spoken in depth on screen about the Oct. 21 shooting on the set of the western “Rust.” “Honest to God, if I felt I was responsible, I might have killed myself.”

Baldwin said it is essential for investigators to find out who put the bullet in the gun he fired, which was supposed to be empty, that killed cinematographer Halyna Hutchins and injured director Joel Souza.

“There’s only one question to be resolved, and that’s where did the live round come from?” Baldwin said.

Baldwin said in a clip from the interview released a day earlier that “I didn’t pull the trigger. I would never point a gun at anyone and pull the trigger at them. Never.”

He said it was Hutchins herself who asked him to point the gun just off camera and toward her armpit before it went off.

Baldwin said at Hutchins’ direction, he pulled the hammer back.

“I let go of the hammer and ‘bang,’ the gun goes off,” he said.

…

Rachel Fiset says, “I think that Alex Baldwin is clearly devastated by the event that’s happened… When you are in an active criminal investigation… your words can absolutely come back to bite you!”

Watch the entire clip at https://www.youtube.com/watch?v=vep0vVlU7N8

Forbes – Rachel Fiset on Why Employees Don’t Trust HR Staff and What Can Be Done About It

https://www.forbes.com/sites/edwardsegal/2021/11/28/why-employees-dont-trust-hr-staff-and-what-can-be-done-about-it/?sh=145f48bc179f

November 28, 2021 –

Some crisis situations burst on the scene and are in plain view for the world to see. Others can simmer for months or years out of sight, out of mind and under the radar of corporate executives.

The lack of trust that employees have in their company’s HR staff is an example of a simmering internal crisis that can boil over and scald the image, reputation and credibility of organizations and their leaders.

‘A Natural Distrust’

Rachel Fiset is the managing partner of law firm Zweiback, Fiset & Zalduendo. She said, ‘’Employees have traditionally had a natural distrust for human resources because the department generally prioritizes the company over the employee.

‘’Human resources will often field complaints by employees — but the actual response to the complaints may look like the company is only working to ensure its own legal compliance in a given situation and not to improve the employee’s working conditions,’’ she noted.

Read or listen to the entire article here: https://www.forbes.com/sites/edwardsegal/2021/11/28/why-employees-dont-trust-hr-staff-and-what-can-be-done-about-it/?sh=145f48bc179f

Yahoo Entertainment – Rachel Fiset on Travis Scott and Kylie Jenner’s Brands Impacted by Astroworld Tragedy

 

CBS Los Angeles – Rachel Fiset Breaks Down The Verdicts In Trial Against Men Convicted Of Killing Ahmaud Arbery

November 24, 2021 – CBS Los Angeles

Pat Harvey and Jeff Vaughn speak with Criminal Defense Attorney Rachel Fiset about the specific list of charges against the men convicted of killing Ahmaud Arbery. Watch the entire interview at CBS Los Angeles

 

 

Spectrum News – Rachel Fiset on Jury Deliberation in Rittenhouse Trial

November 19, 2021

Rachel Fiset on Spectrum News discussing Rittenhouse trial hours before he was found not-guilty. Watch the news clip here.

Spectrum News – Rachel Fiset comments on Rittenhouse verdict

November 19, 2021 – Spectrum News

Rachel Fiset discusses Rittenhouse verdict. Watch the segment at https://youtu.be/DoSYHhCNzi4.

 

BBC News – Rachel Fiset on the Rittenhouse verdict

November 19, 2021 – BBC News

Rachel Fiset reacts to the acquittal of Kyle Rittenhouse.

 

Spectrum News – Rachel Fiset on “Rust” Lawsuits

November 13, 2021 – Spectrum News

Rachel Fiset on Spectrum news discussing lawsuits filed in connection with shooting on “Rust” production. Watch the interview here.

Bloomberg Law – Rachel Fiset on Possible Criminal Charges in Deadly Houston Concert

Court TV Live- Rachel Fiset discusses the trial of Ahmaud Arbery

November 12, 2021 – Court TV Live

Rachel Fiset comments as the State of Georgia lays out its case against the three men accused of killing Ahmaud Arbery. Watch the story here.

Reuters – Rachel Fiset Discusses Mounting Lawsuits After Deadly Crush at Travis Scott Concert

November 9, 2011 – Reuters

Partner, Rachel Fiset, and Houston litigators discuss where liability may fall in the aftermath of Friday’s tragedy at Scott’s Astroworld Festival, where 8 people died and hundreds more were injured. Watch the interview here.

Fox Business – Rachel Fiset on Potential Liability and Financial Implications in the Travis Scott Concert Deaths

Travis Scott’s Astroworld: Experts talk potential financial implications for rapper, Live Nation

 

November 8, 2021 – Fox Business

At the Houston, Texas performance, eight people died in what authorities are calling a “mass casualty incident,” which saw more injured after a crowd surge while Scott was on stage. Scott has been forward about his intention to pay for funeral costs for those who died, but questions remain about what other financial liabilities he could face, as well as event promoter Live Nation.

“The venue could absolutely be on the hook for the most money if what is shown is negligence in securing and managing the venue without other willful or major contributing factors,” Rachel Fiset, managing partner of Zweiback, Fiset & Zalduendo who is not involved in the case, told FOX Business. “A lot will depend on the police investigation and what facts come out regarding any type of intentional acts by Scott, or anyone else.”

She added that if it’s found that Scott was acting “intentionally” to prompt the surge or if he’s found to have “committed a felony relating to security breaches and encouraging the crowd,” he would likely be the most responsible party under Texas law.

Read more at: https://www.foxbusiness.com/lifestyle/travis-scott-astroword-experts-financial-implications-live-nation

 

Yahoo News – Rachel Fiset on Alec Baldwin’s Video

November 5, 2021 – Yahoo News

https://www.yahoo.com/entertainment/rust-shooting-alec-baldwin-statement-crisis-pr-expert-230832457.html

It’s been two weeks since Halyna Hutchins was killed on the set of Rust, and there are still questions about how such a tragedy occurred. Alec Baldwin, star and producer of the Western indie film, fired a gun during rehearsal that contained a live round. The actor initially issued a statement saying that he had “no words to convey my shock and sadness” about the accident. Baldwin’s remarks about the tragedy have been sparse, but telling, since Oct. 21, the day of the events.

According to crisis and PR expert Eric Schiffer, Baldwin “broke the essential rules of managing a crisis: don’t do any further damage.”

…One legal expert agrees that Baldwin is not helping himself by “trying to control the narrative of this case.”

“While it is very difficult to sit back while involved in an active investigation, he would be best served to stop speaking directly about it and stop reposting,” says white collar criminal defense attorney Rachel Fiset, managing partner of LA-based law firm Zweiback, Fiset & Zalduendo. “It does not help his case and it makes any helpful message he reposts look biased towards him or planned, which makes potentially helpful information less credible to law enforcement.”

Read the entire article here.

CBS Mornings – Rachel Fiset reacts to Alec Baldwin’s comments on death of Halyna Hutchins

November 1, 2021 – CBS Mornings

Rachel Fiset reacts to Alec Baldwin’s on-camera appearance where he speaks for the first time on the deadly shooting of cinematographer Halyna Hutchins, calling it a “one-in-a-trillion” event. He said he is in close contact with her husband and nine-year-old son.

BBC World News – Rachel Fiset discusses potential for criminal charges against Alec Baldwin

October 27, 2021 – Rachel Fiset weighs in on the potential for criminal charges against Alec Baldwin.  “I don’t think Alec Baldwin will have charges brought against him in his capacity as the shooter. I think there are no facts to suggest that he had any intent to kill Ms. Hutchins, or that he thought the gun was loaded in any way. What could happen, which could implicate Alec Baldwin, is that it be shown that there were so many safety protocols breached on the set… that it rises to the level of criminal negligence. Watch the BBC World News story here.

Newsy – Rachel Fiset discusses the investigation of the shooting death of Halyna Hutchins

October 27, 2021 – Rachel Fiset talks with Newsy regarding the investigation of the shooting death of Halyna Hutchins. Watch the entire story here.

CNN Newsroom – Rachel Fiset discusses potential criminal charges for the fatal shooting on the set of “Rust”

October 27, 2021 – CNN Newsroom

The Santa Fe County district attorney said on Tuesday that she was not ruling out criminal charges in last week’s fatal shooting on a film set. Rachel Fiset weighs in on the D.A.’s statement and potential for criminal charges. Watch the entire story here.

NewsNation Prime – Rachel Fiset on Possible Criminal Charges in Deadly ‘Rust’ Movie Shooting

October 27, 2021- News Nation Prime

Investigators said Wednesday that there was “some complacency” in how weapons were handled on the movie set where Alec Baldwin accidentally shot and killed a cinematographer and wounded another person, but it’s too soon to determine whether charges will be filed.

Rachel Fiset joins NewsNation Prime to discuss what charges could be filed.

Good Morning Britain – Rachel Fiset on Prince Andrew’s Sexual Assault Lawsuit

October 26, 2021 – Good Morning Britian

A U.S. district judge on Monday ruled that Prince Andrew, Duke of York, must make himself available for questioning by July 14, 2022 in a civil lawsuit brought against him by an alleged victim of Jeffrey Epstein. Rachel Fiset, managing partner of Zweiback, Fiset & Zalduendo, discusses what this means for the Prince. Watch the story here.

Fox News – Rachel Fiset weighs in on charges Alec Baldwin and ‘Rust’ crew members could face over accidental shooting

October 26, 2021 – Fox News

The death of Halyna Hutchins on the set of “Rust” may have been an accident, but it’s possible those involved with the incident could still face civil or legal ramifications.

Following the release of a search warrant executed by the Santa Fe County Sheriff’s office, detectives uncovered that there were three key people who handled the firearm that eventually went off and resulted in the death of Hutchins.

Armorer Hanna Gutierrez Reed placed the prop gun outside of the church set location on a cart with other prop guns due to coronavirus restrictions. The next person to handle it was assistant director Dave Halls, who handed it off to Baldwin, announcing that it was a “cold gun,” a term used to indicate to those on-set that the firearm was not loaded and therefore safe to handle.

“It seems unlikely from what we know that Alec Baldwin either intentionally or recklessly fired a gun thinking he could kill another person,” said white-collar criminal defense attorney Rachel Fiset in a statement to Fox News. “The facts coming out thus far may suggest, however, that there was a lack of adherence to safety protocols on the set and that Ms. Hutchins’ death was caused ‘without due caution and circumspection’ under the New Mexico Penal Code.”

Read the entire Fox News article here.

NewsNation Prime – Rachel Fiset on the Potential Legal Fallout for Halyna Hutchins’ Death

October 25, 2021 – NewsNation Now

What kind of charges could come from the tragic death of cinematographer Halyna Hutchins? Rachel Fiset, managing partner at Zweiback, Fiset & Zalduendo LLP, analyzes the facts we have so far, and whether Alec Baldwin could face charges. Watch the entire NewsNation clip here.

New York Post – Rachel Fiset on Alec Baldwin’s Possible Liability in Tragic on-set Shooting of Halyna Hutchins

October 23, 2021 – “The facts have yet to come out but as to potential criminal charges, they will look to his possible negligence,” Rachel Fiset, a criminal lawyer with the LA firm of Zweiback, Fiset & Zalduendo, told The Post. “His problems don’t lie in what he did as an actor. It will certainly come out that he thought he was firing a blank. The real issue is his role as a producer and the safety protocols — or lack thereof — on the set. If real negligence is proven, that could result in criminal charges.” You can read the entire article here.

USA Today – Rachel Fiset on the Potential Criminal and Civil Liabilities for Alec Baldwin and the Producers of “Rust”

October 23, 2021 – Tragedy struck the film set of “Rust” last week when star Alec Baldwin discharged a prop gun in an accident that left the movie’s cinematographer dead and the director injured. Rachel Fiset discusses this tragic event and the potential criminal and civil legal ramifications. You can read the USAToday article here.

Court TV – Rachel Fiset on the Brian Laundrie Investigation and Robert Durst

October 23, 2021 – Court TV

Rachel Fiset discusses the latest developments in the Brian Laundrie investigation and the new charges against Robert Durst.

 

 

 

 

 

Spectrum News – Rachel Fiset on the Trial of Elizabeth Holmes and “Silicon Valley Gone Wrong”

October 13, 2010 – The much-anticipated trial of Elizabeth Holmes, the founder of blood-testing startup Theranos, began last month. Charged with 12 counts of wire fraud and conspiracy to commit wire fraud, Elizabeth could face 20 years in prison. Rachel Fiset discusses the significance of this high-profile white-collar case and the potential fallout for Silicon Valley. Click here to watch the full interview.

 

Reuters – Rachel Fiset on Clint Eastwood’s $6.1M Default Judgment

October 4, 2021 – A U.S. district judge’s $6.1 million default judgment in a lawsuit brought by Clint Eastwood against a CBD company is being heralded as a sign that U.S. courts will uphold the rights of celebrities when their images and likenesses are used without authorization to sell products online. Managing Partner, Rachel Fiset, weighs in on why celebs like Client Eastwood fiercely protect their names, image, and likeness. Watch the entire Reuters interview here.

Zweiback, Fiset & Zalduendo Welcomes Seasoned Litigator, Dawn Utsumi

April 29, 2021 – Zweiback, Fiset & Zalduendo is pleased to announce that Dawn Utsumi has joined their litigation team. Dawn Utsumi has successfully prosecuted and defended high-stakes business disputes across a variety of areas, including business torts, contracts, class actions, securities fraud, trade secrets, insurance, government investigations, and employment matters.  Dawn consistently achieves successful outcomes for her clients both before and at trial and has extensive experience in all stages of litigation.  Dawn was a key member of a trial team that successfully litigated a four-week federal jury trial in Minnesota in an RMBS-related action, resulting in a $27.8 million verdict for the client.  This trial was one of dozens of separate actions that resulted in recoveries of over $1 billion for the Trust.  She has also represented various individuals and entities—including a national financial services company, and a luxury hotel chain—in connection with DOJ investigations.   Recently, Dawn achieved early dismissal of a class action suit filed in the Northern District of Illinois alleging consumer protection violations.  Her national practice includes litigation at the trial and appellate level in both federal and state courts as well as arbitration.

Prior to joining ZFZ, Dawn was an associate at Quinn Emanuel Urquhart & Sullivan and clerked for the Honorable Philip S. Gutierrez of the Central District of California.