Jack Whigham — Direct/Cross/Redirect
768 linesTHE COURT: Your next witness.
THE COURT: Okay. All right. Mr. Whigham, can you hear me, sir?
TRAVIS MCGIVERN: Yes, ma'am
THE COURT: Could you do me a favor and just count one to five for me.
TRAVIS MCGIVERN: Sure. One, two, three, four, five.
THE COURT: Thank you, sir.
JACK WHIGHAM: Sure. It's Jack Whigham
JACK WHIGHAM: I live in Los Angeles.
JACK WHIGHAM: I earned a degree in finance from University of Florida.
THE COURT: All right Thank you, sir. Can you raise your right hand. JACK WHIGHAM, Being first duly sworn, was examined and testified as follows: Yeah. Cross-examination.
JACK WHIGHAM: I do. I have a law degree, also from the University of Florida, and graduated in 2002.
JACK WHIGHAM: I'm currently a manager representative for artists.
MR. CHEW: Would you please describe, Mr. Whigham, for the jury, what a manager representative does?
JACK WHIGHAM: So we, you know, represent writers, directors, actors, actresses mostly in their pursuit of artistic endeavors, so I primarily focus on film and television, but, you know, all artistic endeavors.
JACK WHIGHAM: Typically via commission. So industry standard, kind of, 10 percent of whatever the deal is.
MR. CHEW: And, Mr. Whigham, what did you do professionally after you earned your JD at the University of Florida?
JACK WHIGHAM: I was an attorney at a firm called Weil, Gotshal & Manges for approximately three years, and then I segued from there to a talent agency called CAA, Creative Artists Agency.
JACK WHIGHAM: I started there in April of 2004.
JACK WHIGHAM: I started at the bottom in the mail room, sifted mail, and then became an assistant for one of the managing partners. And then in 2007, I believe, I was promoted to agent. And then right around 2014, I think, I began co-running the film and talent department there.
MR. CHEW: And when your responsibilities shifted to becoming an agent at CAA, would you please describe briefly for the jury what that entailed.
JACK WHIGHAM: Sure. We were, you know, also looking out for artistic endeavors on behalf of the client, so writers, directors, actors, actresses, but we were also negotiating deals and really pursuing film and television producing deals on behalf of the client.
JACK WHIGHAM: I did. I left in August of 2020.
JACK WHIGHAM: So I cofounded a management production company called Range Media Partners in August of 2020 and have been working there ever since.
JACK WHIGHAM: It's a management representation production company.
JACK WHIGHAM: I do.
JACK WHIGHAM: I actually met him very briefly on the set of Black Mass, which was probably, I don't know, 2014 or '15, then I met him very briefly at one of his music shows, but more substantively, I sat with him, I believe, in the fall of 2016.
JACK WHIGHAM: Yes.
JACK WHIGHAM: Right around October, I believe, fall of 2016.
JACK WHIGHAM: Yes.
JACK WHIGHAM: I had two partners that I worked with with Johnny. One was Brian Lourd, and the other was Christian Carino.
MR. CHEW: Since starting to work with Mr. Depp as his agent in October of 2016, have you had opportunities to observer him interacting with yourself and others?
JACK WHIGHAM: Yes.
MS. BREDEHOFT: Objection. Relevance.
THE COURT: All right. What's the relevance? s conducts himself professionally, which relates to
THE COURT: He may answer the question. Go ahead.
JACK WHIGHAM: Sure. Johnny was always very nice. We, in fact --you know, artistic, polite, and you know very thoughtful. You know, kind of uniquely thoughtful about "How are you doing? How's your family?" He was just a thoughtful person. He , always has been.
MS. BREDEHOFT: Objection. Leading.
THE COURT: I'll sustain the objection. •,121 Next question.
MS. BREDEHOFT: I'm going to object. How would he know? Speculation.
THE COURT: I'm not sure what objection that is.
MS. BREDEHOFT: It's speculation.
THE COURT: Speculation.
MS. BREDEHOFT: Foundation.
THE COURT: I'll allow it.
THE COURT: Go ahead.
JACK WHIGHAM: Okay. I found Johnny to be authentic, you know, just a genuine kindness.
MR. CHEW: Mr. Whigham, prior to your first becoming Mr. Depp's agent in 2016, October of 2016, who was his agent prior to that?
JACK WHIGHAM: I believe it was Tracey Jacobs at a company called UTA.
MR. CHEW: And before you took over from Tracey Jacobs as Mr. Depp's agent, what, if any, research or due diligence did you do with respect to him?
MS. BREDEHOFT: Objection. Relevance.
THE COURT: What's the relevance?
MS. BREDEHOFT: I think we're going to get into hearsay.
THE COURT: I'll sustain the objection.
THE COURT: Next question.
MR. CHEW: Were you aware of Mr. Depp's professional reputation at the time you became his agent in October 2016?
MS. BREDEHOFT: I would say objection. Leading, and I think it's going to call for hearsay.
THE COURT: I'll overrule at this point. Go ahead.
JACK WHIGHAM: I believe I was.
MR. CHEW: What was your understanding, if any, of Mr. Depp's professional reputation at the time you, I began representing him as his agent in the fall of 2016?
JACK WHIGHAM: Johnny's reputation, in my opinion, was very- he was very well regarded and respected by Is peers in the artistic community.
MS. BREDEHOFT: Your Honor, I'm going to object. First of all, he says in his opinion, which he's not an expert witness. And second, he's going into hearsay.
THE COURT: I'll overrule the objection. l IJ2 Go ahead.
JACK WHIGHAM: Well regarded, respected, extremely talented, artistic.
MR. CHEW: Are you familiar, Mr. Whigham, with the distinction between an independent film and a studio film?
JACK WHIGHAM: I believe I am
MR. CHEW: What, if any, difference is there between an independent film on one hand and a studio film on the other?
JACK WHIGHAM: So in layman terms, I would say that a studio film is a bigger-budgeted film. It has a distributor, a studio in place. So when you think of Disney, Marvel, Universal, these are big companies. They're bigger budgeted and bigger fees, and then independent, like, we call them "indies," typically are smaller budgeted, more ,g artistically minded, smaller fees, and often don't have distribution when they're made.
MR. CHEW: Starting in October 2016, what types of opportunities have you pursued on Mr. Depp's behalf?
JACK WHIGHAM: "Wide variety, you know, primarily I would say focused on film, television, and 11s producing.
MR. CHEW: What, if any, roles did Mr. Depp have in progress as of that time, fall of 2016, going into calendar year 2017?
JACK WHIGHAM: So we inherited some deals. There was two films, as I remember, that were going to go back to back. One was City of Lies, the Notorious B-I-G film, and the other was Murder on the Orient Express, so those were filmed almost at the same time. And then they had preexisting deals that we serviced.
JACK WHIGHAM: And then he had Fantastic Beasts, Crimes of Grindelwald as well, and then we were in the process -- we ended up finishing the sixth film negotiation on Pirates of the Caribbean.
JACK WHIGHAM: To the best of my memory, it was shot right, you know, at the area, mostly the beginning of 2017.
JACK WHIGHAM: I believe it was $8 million.
JACK WHIGHAM: So it was shot at almost the same time. I actually can't remember which one went first. They were both shot predominantly, call it January to April of 2017. I remember I was having to work out dates. But they were -- the beginning of
JACK WHIGHAM: If memory serves me, I think it was $10 million.
JACK WHIGHAM: It was a studio film. It was Fox.
MR. CHEW: Mr. Whigham, you also mentioned IO Fantastic Beasts 2: Crimes of Grindelwald. When was that film shot?
JACK WHIGHAM: I believe that film was shot in the fall of 2017.
JACK WHIGHAM: Again, that deal predated us. I think it was 13.5 million, if I remember correctly.
JACK WHIGHAM: It was studio, and it was Warner Brothers.
MR. CHEW: And backing up a bit, Mr. Whigham, what was the first business opportunity you were able to secure for Mr. Depp after he came to you and CAA in the fall of 2016?
JACK WHIGHAM: So I believe it was - 2017 was Is really- it was busy. We had a slot that summer, and he wanted to do a smaller film and it was The Professor, I believe.
MR. CHEW: How much compensation, if any, did he receive for performing in that smaller film, The Professor?
JACK WHIGHAM: That deal was three and a half million. I p2
JACK WHIGHAM: It was independent.
MR. CHEW: And, Mr. Whigham, how, if at all, was CAA compensated for closing the deal on The Professor?
JACK WHIGHAM: So it would have been the normal 10 percent of the deal. So the deal was three and a half million; the commission would be $350,000 to the agency.
MR. CHEW: Mr. Whigham, was 2017 a typical year for Mr. Depp in terms of the workload for an actor of his caliber and track record?
MS. BREDEHOFT: Objection. Leading.
THE COURT: Overruled. I'll allow it. Is Go ahead.
JACK WHIGHAM: Yes.
MR. CHEW: What other roles, if any, were you able s to secure for Mr. Depp during your tenure at CAA before you went to the new company?
JACK WHIGHAM: Film called Waiting for the Barbarians and a film called Minamata.
JACK WHIGHAM: Waiting for the Barbarians was fall of 1152018.
JACK WHIGHAM: We had a very specific plan for that year because 2017 was busy and he had done three studio films. And I remember him wanting to take time off to rest and be with his kids for the first half of the year, and then he wanted to go on the music tour, which always just made him really happy. And so that was the summer of 2018. And then - and then we had the slot for the fall of 2018, and that's where we spent a lot of time thinking about what that movie was going to be, and Waiting for the Barbarians was kind of a little gift because it was based on the JM Coetzee novel, and Johnny's very well read and knew the literature, the underlying book; and Mark Rylance was in the film It was just, like, a dream actor that he always wanted to work with.
JACK WHIGHAM: One million dollars.
MR. CHEW: And I apologize if you've already said this. So is Waiting for the Barbarians an independent film or studio film?
JACK WHIGHAM: It was an indie, independent.
JACK WHIGHAM: That was the very beginning of 2019, so I think January start.
JACK WHIGHAM: It was independent.
JACK WHIGHAM: So his fee became - it was $3 million.
JACK WHIGHAM: He played Captain Jack Sparrow.
JACK WHIGHAM: Technically, it was before my tenure, so - but, yes, I would assume he was.
MR. CHEW: Mr. Whigham, would you please explain for the jury what are residual or back-end rights?
JACK WHIGHAM: I think the easiest way to explain a back-end is it's an ownership stake on behalf of the artist in the success of the movie and typically is only granted to stars of certain stature.
MR. CHEW: And in addition to the fee Mr. Depp -- the up-front fee that Mr. Depp was paid for Fantastic Beasts 5, which I !mow preceded you, what, if any, understanding do you have of whether Mr. Depp had any back-end rights for Pirates 5?
MS. BREDEHOFT: Objection, Your Honor. Foundation. He said that deal was at the other agency and he doesn't -- he wasn't --
THE COURT: I'll allow it if he knows it. That's fine.
THE COURT: Go ahead.
JACK WHIGHAM: So you initially said Fantastic Beasts. I think you meant Pirates 5.
MR. CHEW: Oh, I apologize. I did mean for Pirates 5, what, if any, back-end did Mr. Depp have for Pirates 5?
JACK WHIGHAM: I don't know what it was. I know that he had one.
JACK WHIGHAM: So when we started representing him, I remember Brian Lourd and myself finishing a deal I that had started at the previous agency.
MS. BREDEHOFT: Objection, Your Honor. May we approach?
THE COURT: Okay. Hold on a minute, Is sir.
MS. BREDEHOFT: Your Honor, there's absolutely no agreement, no written agreement, on Pirates 6. He admitted that it was negotiated at UTA.
THE COURT: Okay.
MS. BREDEHOFT: In his deposition, he said he thought that there might have been a deal finished. Then he testified that he had talked to -- and this is all going to be hearsay, so he's not going to be able to talk to Sean Bailey --
THE COURT: But there's no --
MS. BREDEHOFT: No, there isn't. There's never been a contract.
MR. CHEW: She can cross-examine him His testimony is there's a deal He worked on the deal He finalized the deal She can cross-examine him
THE COURT: I understand.
MS. BREDEHOFT: There's nothing in writing. There's no contract. At best it's hearsay.
MR. CHEW: It's not hearsay. It's his direct knowledge that he negotiated the deal. He finalized the deal. She can cross him on that.
MS. BREDEHOFT: It's hearsay, Your Honor. And foundation. There's no document whatsoever.
THE COURT: I'll overrule the objection.
MR. CHEW: Apologies for the interruption, Mr. Whigham. Her Honor says you may answer the question, which I believe is To what extent, if any, did Mr. Depp have ever have a deal to perform in Pirates 6?
JACK WHIGHAM: So we finished the deal, and we closed the deal at 22 1/2 million for that film is my memory.
JACK WHIGHAM: So that was Disney.
JACK WHIGHAM: Yes.
MS. BREDEHOFT: Objection. Calls for speculation.
THE COURT: I'll allow it.
MS. BREDEHOFT: And hearsay.
THE COURT: I'll allow it.
JACK WHIGHAM: Captain Jack Sparrow.
JACK WHIGHAM: Disney.
JACK WHIGHAM: It would be paid when he shoots principal photography, so when the film shoots.
JACK WHIGHAM: Jerry Bruckheimer.
JACK WHIGHAM: No.
MR. CHEW: In 2017, to what extent, if any, was Mr. Bruckheimer supportive of Mr. Depp remaining in the Pirates franchise?
MS. BREDEHOFT: Objection, Your Honor. Calls for hearsay.
THE COURT: I'll sustain the objection.
MR. CHEW: Putting aside his role in the Pirates films, did Mr. Depp have any other affiliations with Disney in June 2017?
JACK WHIGHAM: Yes.
JACK WHIGHAM: He if I remember in the spring you know he went down to Disneyland and put on the Captain Jack Sparrow outfit and wardrobe and went into the ride He and Disney had worked out a fun little thing where he was going to take the place of the automated you know Captain Jack Sparrow on the Pirates ride so he would kind of surprise people as they were going along there So I remember he did that And then in May of 2017 he went to Disney Shanghai to help open the Pirates of the Caribbean ride there
MR. CHEW: What, if any, did those affiliations signify about the status of Mr. Depp's relationship with Disney as of that time?
MS. BREDEHOFT: Objection, Your Honor. Hearsay.
THE COURT: I'll sustain the objection. Next question.
MR. CHEW: To what extent, if any, did Mr. Depp socialize with anyone at Disney in 2017, to the extent you know?
MS. BREDEHOFT: Objection, Your Honor.
THE COURT: I'll allow it to the extent he knows.
MS. BREDEHOFT: Objection, Your Honor. Foundation and hearsay.
JACK WHIGHAM: I do.
THE COURT: If you can, lay a foundation to how he knows.
JACK WHIGHAM: Because I was there.
MR. CHEW: Who -- would you please describe for the jury what you mean when you said you were there when Mr. Depp socialized with Disney?
JACK WHIGHAM: We had a dinner in spring of 2017 with myself; Jerry Bruckheimer; Johnny; and Sean Bailey, who was running film, you know, was running - was president of Disney.
JACK WHIGHAM: Great. I mean, very nice. It was a great dinner.
MR. CHEW: As of early December 2018, so we're now in December of 2018, what, if anything, was your understanding of the status of whether Mr. Depp would actually appear in Pirates 6?
MS. BREDEHOFT: Objection, Your Honor. Calls for hearsay.
THE COURT: Okay. I'll sustain the objection.
THE COURT: Next question.
MR. CHEW: Mr. Whigham, did there come a time when you saw an op-ed purportedly written by Amber Heard that appeared in The Washington Post?
JACK WHIGHAM: Yes.
MR. CHEW: Mr. Whigham, I would like to show you, please, what was entered previously into evidence as Plaintiffs Exhibit 1.
MR. CHEW: And, Your Honor, may we please publish this to the jury, as it's been previously -- oh, it is. Thank you.
JACK WHIGHAM: Yes.
JACK WHIGHAM: I believe it's the opinionated op-ed in Is The Washington Post that Ms. Heard wrote.
JACK WHIGHAM: It would have been right i contemporaneous to when it came out.
MR. CHEW: And, Tom, if you would, I please move ahead to the second page in Plaintiffs Exhibit I.
MR. CHEW: And draw your attention specifically to the third paragraph of the op-ed, Ms. Heard writes, "Two years ago I became a public figure representing domestic abuse, and I felt the full force of our culture's wrath for women who speak out." What if anything -- what, if any, understanding do you have of that reference?
JACK WHIGHAM: That it was regarding Johnny and their I relationship.
MR. CHEW: Tom, if we could, just move back up to the first page of Exhibit 1. Directing your attention to the title of the article, "Amber Heard: I spoke up against sexual violence."
MS. BREDEHOFT: Objection, Your Honor. It's irrelevant what his understanding is.
THE COURT: I'll allow it. 1 12
JACK WHIGHAM: That was rather shocking, I remember, because it was the first time I'd heard an allegation of sexual abuse.
MS. BREDEHOFT: Objection, Your Honor. How would he know?
THE COURT: I'll sustain the objection.
THE COURT: Next question.
MR. CHEW: Mr. Whigham, directing your attention to the fifth paragraph of Plaintiffs Exhibit I, Ms. Heard writes, "I had the rare vantage point of seeing in real time how institutions protect men accused of abuse.
MS. BREDEHOFT: Objection, Your Honor. How would he know?
THE COURT: I'll sustain the objection.
THE COURT: Next question.
MR. CHEW: Mr. Whigham, how, if at all, was Ms. Heard's op-ed different from other articles about the couple's relationship?
MS. BREDEHOFT: Objection, Your Honor. Calls for hearsay, foundation.
THE COURT: All right.
MS. BREDEHOFT: Other articles.
MR. CHEW: Mr. Whigham, have you seen other articles in the course of your duties as Mr. Depp's agent about Amber Heard and Johnny Depp?
JACK WHIGHAM: Yes.
MS. BREDEHOFT: Objection, Your Honor. Calls for hearsay and foundation.
THE COURT: I'll allow it.
MR. CHEW: How, if at all, was the op-ed different from other articles you had read about the Johnny Depp/ Amber Heard relationship?
JACK WHIGHAM: You know, it was a first-person account, I mean, from the victim. It's extremely IO impactful.
JACK WHIGHAM: You know, with respect to Johnny, it was catastrophic because it was coming from, you know, a first-person account. It was not from a journalist. It was not from someone observing. It was from someone saying, "This happened to me."
MR. CHEW: Mr. Whigham, between December 18, 2018, the date of the op-ed, and October 2020, did Mr. Depp perform in any studio films?
JACK WHIGHAM: Sorry. Could you just repeat the dates?
MR. CHEW: Between December 18th, 2018, which is the date that Ms. Heard's op-ed appeared, and October 2020, to what extent, if any, did Mr. Depp perform in any studio films?
JACK WHIGHAM: Zero. No studio film,.
MR. CHEW: How, if at all, did Ms. Heard's op-ed impact Mr. Depp's ability to land roles in studio films between December 2018 and October 2020?
MS. BREDEHOFT: Objection, Your Honor. Calls for hearsay, foundation, and expert I testimony.
THE COURT: I'll sustain that objection. Are you near the end, Mr. Chew? I just want to make sure because it's --
THE COURT: For the morning break. Okay.
THE COURT: That's good. Go ahead.
MR. CHEW: What effect, if any, did the op-ed have on the release of Minamata, the indie film you mentioned earlier?
MS. BREDEHOFT: Objection, Your Honor. Calls for hearsay, speculation.
THE COURT: Do you want to approach for a moment?
THE COURT: Mr. Chew, I think he can testify to what happened after the op-ed. I don't think he can say the op-ed is actually the thing I that caused it.
THE COURT: Take out the op-ed.
THE COURT: That will be fine.
MS. BREDEHOFT: And, Your Honor, I just want to renew. I think he's opened the door for --
THE COURT: I'll overrule that objection.
MS. BREDEHOFT: Okay.
THE COURT: Okay.
MR. CHEW: What happened, Mr. Whigham, after the op-ed, but before October 2020, with respect to Minamata?
JACK WHIGHAM: So the op-ed came out in December, and it was right as we were going on Christmas break. And Minamata was supposed to start in January, and I remember it was very, very difficult to keep Minamata together. The financing became shaky. The budget had to come down. Johnny's fee came down in order to save the movie.
MR. CHEW: This is an email chain with the subject line "Johnny Depp's Jack Sparrow Won't Return" --
MS. BREDEHOFT: I object to him reading even from that --
THE COURT: All right.
MS. BREDEHOFT: To the jury.
THE COURT: Okay. Move on.
JACK WHIGHAM: Yes, now that I'm looking at it.
JACK WHIGHAM: I think it's December 20th.
JACK WHIGHAM: December 20th of 2018.
MR. CHEW: Mr. Whigham, directing your attention to the middle email message on Plaintiffs Exhibit 584, did you receive this message from Christian Carino in or about December 20th, 2018 at 3:30:00 p.m.?
MS. BREDEHOFT: Your Honor, I'm going to object because it's a hearsay document. He's asking questions from the hearsay document.
THE COURT: I'll allow that question. Let's see where we go.
JACK WHIGHAM: Yes. I see, you know, what he's asking me.
MS. BREDEHOFT: Objection, Your Honor. Hearsay. Hearsay. He's asking him to essentially say --
THE COURT: Do you want to approach for d a moment?
THE COURT: Are you refreshing his 115 recollection of this? Or are you just --
THE COURT: Planning to read from the email?
MS. BREDEHOFT: If you look at that document, Your Honor, he's saying, "Were we told this information by Disney?" He's not even refreshing his recollection. is?
THE COURT: I'll sustain as to hearsay.
THE COURT: What is the CC line?
THE COURT: No. I'll sustain the objection. Thank you.
MR. CHEW: Mr. Whigham, did there come a time after Ms. Heard's publication of the op-ed on December 18, 2018, but before October 2020, that you learned more about Disney's plans about whether it would cast Mr. Depp in Pirates 6?
MS. BREDEHOFT: Objection. Hearsay.
THE COURT: All right.
THE COURT: Okay. I'll allow that.
JACK WHIGHAM: Yes.
JACK WHIGHAM: In 2019.
MS. BREDEHOFT: Your Honor.
THE COURT: Next question.
MR. CHEW: What happened in 2019 with respect to Disney -- your learning about Disney's plans whether to use Mr. Depp in Pirates 6?
MS. BREDEHOFT: Objection. Hearsay.
THE COURT: What happened?
THE COURT: I'll allow what happened.
THE COURT: Go ahead.
JACK WHIGHAM: It became clear they were going in a different direction.
MR. CHEW: When did you learn that Disney was going in a different direction and no longer planned to use Mr. Depp in Pirates 6?
JACK WHIGHAM: Early 2019.
JACK WHIGHAM: She's a fantastic actress. She's a client for CAA
MR. CHEW: What, if anything, did you learn about the role Margot Robbie would be playing in Pirates 6?
MS. BREDEHOFT: I think that calls for hearsay again, Your Honor. I'm going to object.
THE COURT: I'll overrule the objection.
JACK WHIGHAM: I learned that they were developing a Pirates project for her to star in.
MR. CHEW: After you learned that Disney was going in a different direction in early 2019 and no longer planned to use Mr. Depp, did you -- to what extent did you reach out to Jerry Bruckheimer or Sean Bailey?
MS. BREDEHOFT: Objection, Your Honor. Calls for hearsay.
THE COURT: Overruled. I'll allow it.
JACK WHIGHAM: Lot.
JACK WHIGHAM: Separately.
MS. BREDEHOFT: Objection. Still calls for hearsay, Your Honor.
THE COURT: Calls for hearsay, Mr. Chew.
MS. BREDEHOFT: It's still based on his communications with them
THE COURT: All right. I'll sustain the objection.
THE COURT: Next question.
MS. BREDEHOFT: Objection. Leading.
THE COURT: I'll allow it.
JACK WHIGHAM: No. I successfully made contact with them, but I was not successful in rescuing Pirates for Johnny.
MR. CHEW: When was the last time you discussed Mr. Depp's role in Pirates 6 with Jerry Bruckheimer, Sean Bailey, or anyone else at Disney?
MS. BREDEHOFT: I'm going to object, Your Honor, on hearsay.
THE COURT: Overruled.
JACK WHIGHAM: 2019, I believe.
MS. BREDEHOFT: Objection.
THE COURT: I'll sustain the objection.
MR. CHEW: In addition to Pirates 6, did Mr. Depp lose any other films between December 2018 and October --
MS. BREDEHOFT: Objection, Your Honor. First of all, I don't think he testified that he lost Pirates 6. Second, of all --
MS. BREDEHOFT: He asked the question.
THE COURT: Both of you, overruled. Let's go. Go ahead. Answer the question.
JACK WHIGHAM: Yes. After the op-ed, it was impossible to get him a studio film, which is what we normally would have been focused on in that time period.
MR. CHEW: To what extent, if any, did COVID impact Mr. Depp's opportunities prior to October 2020?
JACK WHIGHAM: I think it had an effect on Johnny, like other actors, to some degree. But we were still doing business, especially on behalf of, you know, bigger stars that green-lit films, and so what was happening is we were closing deals or put together a movie and then just set a start date for when people could get together and actually shoot the movie.
MS. BREDEHOFT: Objection, Your Honor. It's leading.
THE COURT: I'll sustain as to leading.
MR. CHEW: In your many interactions with Mr. Depp, to what extent, if any, have you ever O seen him lose his temper?
JACK WHIGHAM: I never have, actually.
JACK WHIGHAM: He never has.
JACK WHIGHAM: Never.
MR. CHEW: Mr. Whigham, other than Ms. Heard, are you aware of any other woman who has ever accused Mr. Depp of physical abuse?
MS. BREDEHOFT: Objection. Leading. Foundation and hearsay.
THE COURT: I'll sustain the objection to leading.
THE COURT: All right.
THE COURT: Mr. Whigham, we'll do cross-examination in about 15 minutes.
JACK WHIGHAM: Okay.
THE COURT: All right. Ladies and gentlemen, we're going to take our morning recess. Do not discuss the case with anybody, and don't do any outside research, okay? Mr. Whigham, what I'll do is I'll put you in the lobby, and you won't see anything for about 15 minutes, and we'll be right back, okay?
JACK WHIGHAM: Okay. Thank you.
THE COURT: All right. At this point, I we'll just come back at noon, okay?
COURT BAILIFF: All rise.
COURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: All right. Are we ready for the jury?
MS. BREDEHOFT: Yes.
THE COURT: Okay.
THE COURT: All right. Mr. Whigham, 7 can you hear me okay?
JACK WHIGHAM: Yes, ma'am
THE COURT: All right. As soon as you ask your first question, he should pop up there.
MS. BREDEHOFT: Oh, he'll pop up?
MS. BREDEHOFT: Thank you, Your Honor.
MR. CHEW: Mr. Whigham, you testified that you closed a deal for Mr. Depp for Pirates 6 with his acting as Jack Sparrow.
JACK WHIGHAM: Yes.
THE COURT: Mr. Whigham, could you do me a favor and just count one to five for me so I can get you on my big screens here.
JACK WHIGHAM: Sure. One, two, three, four, five.
THE COURT: Not getting him There he is. Okay.
MS. BREDEHOFT: There you go.
THE COURT: Thank you, sir. I appreciate it.
MS. BREDEHOFT: But, in fact, Mr. Whigham, it's not true that Mr. Depp ever had a contract with Disney I for Pirates 6; isn't that correct?
JACK WHIGHAM: Can you e'Plain that question or that position?
MS. BREDEHOFT: Have you ever seen a contract that provides for Mr. Depp to play Pirates 6?
JACK WHIGHAM: To the best of my knowledge, my memory, myself and my partner closed an optional picture deal for the amount of money of what that picture would be for Johnny.
MS. BREDEHOFT: And you would make sure to have that in writing, wouldn't you?
JACK WHIGHAM: You know, that would normally go through legal counsel in terms of the codification of it.
MS. BREDEHOFT: Do you have any explanation for why there exists nothing, no piece of paper, nothing suggesting that Mr. Depp ever had a deal with Disney for Pirates 6?
THE COURT: I'll allow it.
JACK WHIGHAM: So I often closed - when I was an agent, we would work on many deals where I actually wouldn't see the contracts. They were verbal in nature, and then, you know, especially on optional pictures, just so there was an understanding of what the money would be.
MS. BREDEHOFT: So do you have an explanation why there is not even a piece of paper, not an email, not a text, not a piece, not a document, nothing that suggests that Mr. Depp is going to be in Pirates 6 as Jack Sparrow?
MS. BREDEHOFT: I don't believe it was.
THE COURT: Overruled. I'll allow it.
JACK WHIGHAM: I mean, if you're asking my opinion, it wouldn't necessarily be alarming because that would be a conversation usually to understand Disney's going to want to know are we on the same - are we on the same page about what the money's going to be. And most of that conversation, if I remember correctly, was also with one of Johnny's lawyers at the time.
MS. BREDEHOFT: Okay. And so you had -- so Johnny's lawyer was discussing this, but there's no document.
MS. BREDEHOFT: Do you have an explanation for that?
JACK WHIGHAM: Well, you may know better than me if there is a document. That was Jake Bloom, you know, at the time, I believe, if memory serves me l correct.
MS. BREDEHOFT: All right. But would it be fair to say that you have never seen a document that provides I that Mr. Depp was going to be in Pirates 6?
JACK WHIGHAM: It would be fair to say that it was consistent with a lot of the conversations that I would have on behalf of big stars where it was verbal and there was an understanding of what the deal was going to be.
MS. BREDEHOFT: Mr. Whigham, if you could, please answer my question.
THE COURT: I'll allow it. You want to ask your question? Go ahead.
MS. BREDEHOFT: Thank you.
JACK WHIGHAM: Could you repeat the question?
THE COURT: Judy, can you read that back. Thank you.
JACK WHIGHAM: It would be fair to say that I have not seen a document on Pirates.
JACK WHIGHAM: Now, just so you know-
MS. BREDEHOFT: Mr. Whigham, Mr. Whigham, I don't need you to give me extra. I just want you to answer mine. I just want to know, have you ever seen a document that says Mr. Depp is going to be in Pirates 6?
JACK WHIGHAM: I think - to fully answer the question, though, I think there's some context. It would-
MS. BREDEHOFT: That's an easy yes or no. Have you y y y seen a document?
JACK WHIGHAM: Technically, I perhaps have because it connects to all the other Pirates films. It's just a modification of a new document. So I have not seen 22.5 million written on a page; you're correct about that.
MS. BREDEHOFT: Okay. Now, you, in fact, had discussions back in 2016 and 2017 with Mr. Bailey, Sean Bailey. You talked about him a little bit ago, right?
JACK WHIGHAM: Yeah.
MS. BREDEHOFT: And you also had discussions with Jerry Bruckheimer in 2016 and 2017, correct?
JACK WHIGHAM: Yes.
MS. BREDEHOFT: About Mr. Depp potentially being in Pirates 6, correct?
JACK WHIGHAM: Yes.
MS. BREDEHOFT: And then you had discussions in 2018 with Mr. Bailey, and he was quite noncommittal about whether Mr. Depp would be in Pirates 6, correct?
JACK WHIGHAM: That's correct.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: To --
MS. BREDEHOFT: Given that he was able
THE COURT: I'll sustain as to hearsay. It is hearsay. All right.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: So you determined, Mr. Whigham, that by the fall of 2018, it was very likely that Mr. Depp I was not going to be in Pirates 6; is that correct?
JACK WHIGHAM: It's a two-pronged answer from my perspective. Because there was really two individuals involved in that decision. I would say Jerry Bruckheimer and Sean Bailey. Jerry Bruckheimer, in the fall of 2018, really wanted Johnny in that next film, and Sean was noncommittal, as you said.
MS. BREDEHOFT: And Mr. Bruckheimer made it clear to you that Mr. Bailey was the one who gets to decide because he's Disney, right?
JACK WHIGHAM: Ultimately. And I also wanted to be the tip of the spear to really kind of convince Sean.
MS. BREDEHOFT: Okay. Now, do you recall --
MS. BREDEHOFT: Your Honor, if I may I approach.
THE COURT: Thank you.
MS. BREDEHOFT: Do you recall having your deposition taken on January 20, 2021?
JACK WHIGHAM: Yes, ma'am. With you. •JO
MS. BREDEHOFT: Okay. Can you pull that up, Michelle, please? Thank you.
MS. BREDEHOFT: I'm going to ask you to turn to page 44. And, Mr. Whigham, you were under oath at the time of this deposition, correct? Correct?
JACK WHIGHAM: Yes, yes, ma'am.
MS. BREDEHOFT: Line 10, this is page 44, line 10, the question: "Do you recall approximately when in 2018 you inferred from your discussion with Mr. Bailey that the likelihood of Mr. Depp being in Pirates 6 was not high or was going away?" And your answer at that time was "If memory serves me, the latter part of 2018, maybe.
MS. BREDEHOFT: "QUESTION: When you say 'latter,' is that any time from August to December? Or what are you thinking?
MS. BREDEHOFT: "ANSWER: I would say fall, you !mow, maybe, you !mow, October, November, December, in that area."
MS. BREDEHOFT: Do you recall giving that testimony under oath at that time?
JACK WHIGHAM: I do now that I see it, yes.
MS. BREDEHOFT: Okay. And, in fact, there were quite a few things going on earlier in 2018 that might have had a bit of an impact on Mr. Depp's reputation.
MS. BREDEHOFT: Would you agree?
JACK WHIGHAM: If you - it might help if you -
MS. BREDEHOFT: Refresh your recollection? Sure. Sure.
MS. BREDEHOFT: Before I go there, though, I think you said that the reason it was so catastrophic for Mr. Depp for the op-ed was because it was a first-person account of Johnny, right? Do you remember saying that?
JACK WHIGHAM: Yes.
MS. BREDEHOFT: Okay. Wasn't it a first-person account when Ms. Heard filed for the TRO in 2016?
JACK WHIGHAM: So that would have predated any relationship I had to Johnny. So I had no knowledge of that.
MS. BREDEHOFT: Okay. So you don't know whether it was catastrophic then?
JACK WHIGHAM: You're asking me my opinion on something I don't know. I can form an opinion right now. It's a court document and probably a little different than an op-ed in The Washington Post. But I would agree it's not a - now that I'm forming an opinion, that it's not a great headline, sure.
MS. BREDEHOFT: When you read the op-ed, did you read it online? Or did you read it in the actual Post paper?
JACK WHIGHAM: I don't remember.
MS. BREDEHOFT: Well, let's pull up Plaintiffs Exhibit 2.
MS. BREDEHOFT: Does this refresh your recollection?
JACK WHIGHAM: Very hard for me to see. Is that just the paper?
MS. BREDEHOFT: We're going to try to scroll in a little bit more.
JACK WHIGHAM: Again, just if you can help me, is that ! 18 the paper -
MS. BREDEHOFT: Yes.
JACK WHIGHAM: With the article?
MS. BREDEHOFT: Yes. That's The Washington Post.
JACK WHIGHAM: So what's the question? Sorry.
MS. BREDEHOFT: Do you -- does this help refresh your recollection of whether you saw it in print or whether you saw it online?
JACK WHIGHAM: It does not. And I'll tell you that I I did not typically pick up The Washington Post, you know.
MS. BREDEHOFT: Okay. And so while we're sitting here, if you can, just for a second, you're saying that then two years ago I became -- oops, I better not do that. Let's clear that one. Two years ago, I y g 1 ::: a public figure representing domestic ,3 That's this first-person from Ms. Heard that's catastrophic for Mr. Depp; is that your testimony?
JACK WHIGHAM: My testimony is that it reads like a victim statement from someone involved and the recipient, and it became a, yes, a bit of a death knell, catastrophic thing for Mr. Depp in the Hollywood community.
MS. BREDEHOFT: All right. Well, let's go to -- let's 1112 pull up Defendant's Exhibit 99.
MS. BREDEHOFT: Now, there was, in fact, an article published in The Sun newspaper by Dan Wootton, the editor-in-chief, on April 27, 2018. Do you recall that?
JACK WHIGHAM: Now that I'm looking at it.
MS. BREDEHOFT: That refreshes your recollection?
JACK WHIGHAM: Yes.
MS. BREDEHOFT: And, in fact, this article calls Mr. Depp a wife beater; does it not?
THE COURT: I'll allow it.
JACK WHIGHAM: You know what? I can't see the print, even with these glasses. But -
MS. BREDEHOFT: All right. Well, we'll --
JACK WHIGHAM: I'll take your word for it.
MS. BREDEHOFT: Well, the title here is "How can JK Rowling be genuinely happy casting wife beater Johnny Depp in the new Fantastic Beasts film?"
MS. BREDEHOFT: Do you see that?
THE COURT: I'll allow it.
JACK WHIGHAM: Yes.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: Your Honor, I would like to move the admission of this exhibit. I think at this point, it's not offered to prove the matter asserted, but it's going to offer -- he's testified to in comparison to the other articles. He's testifying to the impact of the op-ed. I think in fairness, we should be able to put this in and be able to make a comparison.
THE COURT: I'll sustain the objection.
MS. BREDEHOFT: Not offered for to prove the case of the matter asserted, Your Honor.
THE COURT: I'll sustain the objection.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: Well, let's go to the third page -- no, let's go to the fourth page. So it has A5 I think O is what I'm trying to get to, so it says "Paragraph 7."
MS. BREDEHOFT: So do you recall that it says in here --
THE COURT: Come here.
THE COURT: I allowed the title just like I did for the other one for impeachment purposes. You said it was op-ed impeachment. I get that. We're not getting into the actual guts of the articles just like on the other ones just like on theirs. is in.
MS. BREDEHOFT: Your Honor, the op-ed He's testified, Your Honor --
THE COURT: Right.
MS. BREDEHOFT: That compared to all the others, this is much more serious. This one is much more serious and much more detailed, and then it's responsive. And then -- we have to be able to open the door. They completely opened the door.
THE COURT: No, it is not. Right.
MS. BREDEHOFT: I have to be able to open the -- the door has been completely opened, and it's manifestly unfair.
THE COURT: No, it has not, and I'll sustain the objection. I'm not allowing it into 'I evidence, and you're not to read from it. Title is for impeachment purposes.
MS. BREDEHOFT: Before you go, I plan J l
MR. CHEW: Thank you, Your Honor. J on, now, asking him also about the lawsuit and the trial and all of that information, the publicity surrounding it --
THE COURT: Right. The lawsuit, that was in the U.K. trial?
THE COURT: I'll sustain the objection.
MS. BREDEHOFT: Mr. Whigham, the article also had pictures, did it not?
JACK WHIGHAM: I don't recall.
MS. BREDEHOFT: Do you recall whether it had a picture of Ms. Heard?
THE COURT: I'll allow that.
MS. BREDEHOFT: Do you recall --
JACK WHIGHAM: I don't recall.
MS. BREDEHOFT: Can we go to the eighth page.
MS. BREDEHOFT: I'm showing you the picture right now. Does that refresh your recollection?
THE COURT: I'll allow it.
JACK WHIGHAM: It doesn't speak to my impression of when I read it or how I read it, but I see the photo, yes, ma'am
MS. BREDEHOFT: All right. And in fact it shows bruises on it, doesn't it, on Ms. Beard's face?
THE COURT: Overruled.
JACK WHIGHAM: That would be what I see, yes.
MS. BREDEHOFT: Okay. Now, Mr. Depp filed a lawsuit against the Sun newspaper and against Dan Wootton for this article, correct?
JACK WHIGHAM: I believe so.
MS. BREDEHOFT: June 13, 2018?
MS. BREDEHOFT: Let's pull up 1599, Defendant's 1599.
MS. BREDEHOFT: Does this refresh your recollection?
THE COURT: Just for refreshing recollection, I allow.
JACK WHIGHAM: Just so I understand the question, you're asking does it refresh a memory that Johnny filed a suit against the Sun?
MS. BREDEHOFT: Yes, and Dan Wootton, on June 13, 2018.
JACK WHIGHAM: Sure.
MS. BREDEHOFT: Okay.
JACK WHIGHAM: Now that I'm looking at it.
MS. BREDEHOFT: All right. And he did so in the U.K., in the high court of justice, correct?
JACK WHIGHAM: I believe so. You would know better than I.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: And if we can, just turn to page 9.
MS. BREDEHOFT: And do you recall that Mr. Depp alleged that that article had caused him serious harm to his personal and professional reputation?
THE COURT: I'll allow the question.
MS. BREDEHOFT: Thank you.
JACK WHIGHAM: No, I don't recall.
MS. BREDEHOFT: I'm going to ask you to take a look at paragraph 11.
JACK WHIGHAM: I need new glasses. I'm sorry.
JACK WHIGHAM: Your Honor, is there a way to even make that screen bigger on mine? I wish I was -- bad better glasses or was more technologically savvy.
THE COURT: They can make it a little bigger, but I think that's about as far as it goes.
MS. BREDEHOFT: I'm going to try to highlight it here so that that might help you a little bit. Let me switch the color. So do you recall that Mr. Depp alleged that the article in the Sun newspaper by Dan Wootton had caused serious harm to the claimant's personal and professional reputation?
JACK WHIGHAM: If you're asking me - I don't recall it. I was not involved in that case at all. I'm able to read what's in front of me. :,
MS. BREDEHOFT: But you don't recall it, and you don't recall if that had any impact on Disney in 2018?
THE COURT: I'll sustain the objection. Next question.
MS. BREDEHOFT: All right.
MS. BREDEHOFT: Do you recall that Mr. Depp also alleged that he was caused significant distress
MS. BREDEHOFT: And embarrassment by the publication of that article?
JACK WHIGHAM: No, I don't recall that.is
MS. BREDEHOFT: Okay.
JACK WHIGHAM: I see that, but I just was not involved I in that case.
MS. BREDEHOFT: All right.
JACK WHIGHAM: My memory of that was it was a tabloid, so and that the lawyers were in it.
MS. BREDEHOFT: All right. Michelle, you can take that down. Thank you.
MS. BREDEHOFT: Now, there was a trial in the U.K., was there not, on Mr. Depp's claims of libel against Dan Wootton and the Sun?
JACK WHIGHAM: I believe so.
MS. BREDEHOFT: And it was in July of 2020; was it not?
JACK WHIGHAM: I don't remember the date, actually.
MS. BREDEHOFT: All right. And it lasted three weeks?
MS. BREDEHOFT: Do you recall that?
JACK WHIGHAM: I don't, but I'll take your word for it.
MS. BREDEHOFT: Do you recall there being an enormous amount of publicity surrounding that trial?
MS. BREDEHOFT: He said he did. Thank you.
THE COURT: Overruled.
MS. BREDEHOFT: I'm sorry, Mr. Whigham, you said you did recall that?
THE COURT: I'll allow it.
JACK WHIGHAM: I remember there being press around it, yes, ma'am
MS. BREDEHOFT: Okay. And, in fact, do you recall that Mr. Depp gave testimony for four days?
JACK WHIGHAM: Not specifically, I don't.
MS. BREDEHOFT: Do you recall that Ms. Heard gave testimony for four days?
JACK WHIGHAM: I don't recall any specific memory of who testified, for how long, or any details within the case.
MS. BREDEHOFT: Do you recall there being many, many witnesses testifying at that case -- on that case?
JACK WHIGHAM: I think I'd revert to my answer just now.
MS. BREDEHOFT: Okay. And the press that surrounded that case, do you recall it being focusing on things like Mr. Depp's drug and alcohol use?
JACK WHIGHAM: Same answer.
MS. BREDEHOFT: Do you recall there being the video, the kitchen video, being shown repeatedly?
THE COURT: Sure.
THE COURT: PLANE
THE COURT: I understand, but it's
MS. BREDEHOFT: I just have a few more 110 on this, yes?
THE COURT: Not get anywhere near the judgment, if that's the concern.
MS. BREDEHOFT: We're not going into the judgment. I understand.
THE COURT: I'm not sure where you're going, but, yes, we're staying away from the judgment, all right?
MS. BREDEHOFT: Right. Okay.
MS. BREDEHOFT: I think my last question was "Do you ,3 recall there being a lot of publicity surrounding Mr. Depp's alcohol and drug use?"
JACK WHIGHAM: I think I answered that.
MS. BREDEHOFT: That's right. That was on the video, the kitchen video. Do you recall there being the -- the kitchen video being played pretty repeatedly in the press?
JACK WHIGHAM: No, I don't.
MS. BREDEHOFT: Do you recall a lot of pictures of Ms. Heard reflecting bruises, cuts, injuries?
JACK WHIGHAM: I think just to be clear, I don't recall anything that was going on within the case. I was always consumed with next film and TV opportunities, and that was being handled by the lawyers.
MS. BREDEHOFT: Do you --
JACK WHIGHAM: That's my memory.
MS. BREDEHOFT: Do you recall Do you recall there being allegations of at least 14 incidents of domestic violence against Ms. Heard in that trial.
JACK WHIGHAM: I do not with specificity, same answer.
MS. BREDEHOFT: Could we bring up exhibit number 1 again, plaintiffs.
MS. BREDEHOFT: Now, Mr. Whigham, do you know who wrote "Amber Heard: I spoke up against sexual violence and faced our culture's wrath. This has to change"?
JACK WHIGHAM: You're talking about the title?
MS. BREDEHOFT: Yes.
JACK WHIGHAM: I wouldn't say that - to me, I would have assumed it was Ms. Heard.
MS. BREDEHOFT: You assume, but you don't know, do you?
JACK WHIGHAM: I do not.
MS. BREDEHOFT: Okay. And were you aware that there were also three pleaded incidents of sexual violence in the U.K. trial against Ms. Heard by Mr. Depp?
JACK WHIGHAM: No, ma'am
MS. BREDEHOFT: Okay. Now, your testimony is --
MS. BREDEHOFT: You can take that down now. Thank you.
MS. BREDEHOFT: Your testimony is that since some point in 2020, Mr. Depp has not had any more movie opportunities; is that correct?
JACK WHIGHAM: Since - sorry. Repeat the date.
MS. BREDEHOFT: When is the last time Mr. Depp had a movie opportunity?
JACK WHIGHAM: The last film that he shot was Mina ma ta, to the best of my memory.
MS. BREDEHOFT: All right. And, in fact, do you know whether the article that was in the U.K., the ensuing lawsuit that was brought by Mr. Depp, and the ensuing trial and all the publicity, do you know whether that had any impact on Mr. Depp's career?
THE COURT: All right. I'll sustain the objection.
MS. BREDEHOFT: Do you know whether the collection of all of those items I just listed had an impact on Mr. Depp's career?
JACK WHIGHAM: Remind me the dates that you're asking about • 3
MS. BREDEHOFT: So the answer, I take it, is no, you don't know, correct?
JACK WHIGHAM: I'm just trying to make sure I give you a correct answer so I understand the question.
JACK WHIGHAM: You referenced after 2020?
MS. BREDEHOFT: Okay.
JACK WHIGHAM: Is that what you're saying?
MS. BREDEHOFT: The article was April of 2018. The lawsuit was June of 2018. The trial was July of 2020. What opportunities has Mr. Depp had since July 2020?
JACK WHIGHAM: Since July 2020, he has not done a film.
MS. BREDEHOFT: Thank you I have no further questions.
THE COURT: All right. Redirect.
MR. CHEW: Do you recall Ms. Bredehoft asked you questions about whether you ever actually saw a document containing the 22 and a half million dollar deal for Mr. Depp concerning Pirates 6? Do you recall that?
JACK WHIGHAM: I do.
MR. CHEW: And do you recall when you were trying ! IO to answer her question, you said you needed a I little more context? Do you recall that?
JACK WHIGHAM: Yes.
MR. CHEW: And would you please, now, provide the jury that context so they can have a fuller understanding of what your testimony is?
JACK WHIGHAM: Often on a franchise movie, when you're dealing with big stars and you're talking about future optional pictures, you engage at the high level, meaning the president or the top of the studio, to get an understanding of what that deal is going to be. They then get papered, typically -- when I say "papered," amended, because it's based on the same contract, usually, that's been in existence, and it would get -- sometimes we don't see paperwork or get paperwork until the film is happening.
JACK WHIGHAM: Not all the time.
MR. CHEW: Mr. Whigham, on a similar line, Ms. Bredehoft asked you some questions about whether after this deal was done, it was starting to trend badly with respect to Disney and not so -- and still well with respect to Mr. Bruckheimer in the fall of 2018.
JACK WHIGHAM: I do.
MR. CHEW: When was it that Disney made the final decision as to whether Mr. Depp would be in Pirates 6?
MS. BREDEHOFT: Objection. Calls for hearsay.
THE COURT: I'll sustain the objection.
THE COURT: I'll sustain the objection. Next question.
MR. CHEW: Mr. Whigham, it may have trending badly as of that time, but Disney had not gone in the other direction, correct?
MS. BREDEHOFT: Objection.
THE COURT: Overruled. I'll allow it.
JACK WHIGHAM: The email you showed me earlier was two days after the op-ed, and I was saying that Disney had never -
MS. BREDEHOFT: Objection.
JACK WHIGHAM: Said that Johnny would not be -
MS. BREDEHOFT: Hearsay.
JACK WHIGHAM: In the film as of that date.
THE COURT: Overruled.
JACK WHIGHAM: And it was - my testimony is the exact same as in the deposition, which is it was trending badly in the late fall on behalf of Disney, but I was - but Jerry Bruckheimer and I were lobbying to make it happen. And so we had hoped, and it became clear to me in early 2019 that it was over.
THE COURT: All right. Thank you. Is this witness subject to recall?
THE COURT: All right. Mr. Whigham, since you're subject to recall, you're still subject to the rule of witnesses. So you cannot discuss your testimony with anybody, and you cannot watch any of the trial; okay, sir?
JACK WHIGHAM: Okay.
THE COURT: All right. But you're free for today. Thank you.
JACK WHIGHAM: All right. Thank you.
THE COURT: Thank you.
THE COURT: All right. Your next witness.
MS. LECAROZ: Your Honor, before we call the next witness, may we approach briefly for a moment?
THE COURT: Okay. Sure.
THE COURT: Do we have another remote I witness today?
MS. LECAROZ: We do not.
THE COURT: Okay. That's fine. I want to make sure. It gets a little crazy to try to get back into it. Okay. I'm sorry. Yes.
MS. LECAROZ: Just understanding earlier from this morning, Your Honor, and that we are not going backwards -- i 9
THE COURT: Okay. Good.
MS. LECAROZ: I just want to be clear that, you know, plaintiff's position is the experts are entitled to express opinions or conclusions as to any matter of fact, even if they're the ultimate issue. And we have our case, Chevrolet v Hayden, 253 Va. 50, on that.
THE COURT: Okay.
MS. LECAROZ: So I wanted to make an offer of proof that had he been permitted to do so, Mr. Marks would have testified that Mr. Depp lost Pirates 6 as a result of the op-ed.
THE COURT: Okay. All right. Thank you.
THE COURT: Thank you.