VA - Johnny Depp's defamation case against ex Amber Heard, who countersued #2
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Allabouttrial
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Johnny Depp 'suffered lost earnings of approximately $40m'
Forensic accountant Michael Spindler tells the court that for this case he was tasked with looking into Johnny Depp's lost earnings, analysing the period following the publication of Amber Heard's first-person column in the Washington Post, from 18 December 2018 to 31 October 2020.
He has looked at accounting records for the actor as well as contracts, deposition transcripts and trial testimony, the court hears.
"I concluded that Mr Depp suffered lost earnings of approximately $40m," he tells the jury.
He says there are two main components to this - firstly the loss of Depp's role as Captain Jack Sparrow in the upcoming sixth Pirates Of The Caribbean film.
The actor's agent Jack Whigham yesterday told the court a deal for $22.5m had been closed on the role.
Mr Spindler says he calculated the net earnings Depp would have received based on this testimony.
He tells the jury he also looked at other roles - films and endorsements. He says he looked at bookings for the actor 2017, instances where he was hired for a project.
Bookings were "about $17.5m" for the year, Mr Spindler says.
Following the publication of the column through to 31 October 2020, they worked out what Depp should have earned using 2017 as a "typical" year, the accountant says.
The court is now being shown Mr Spindler's analysis.
Losing Pirates 6 equated to lost earnings of $20,250,000, it says - the $22.5m fee minus the agent fee.
Using the $17.5m as a typical rate of earnings for other projects in a year, it was worked out that Depp lost about $20,068,237, the court is told.
So total lost earnings for this period is estimated at $40,318,237, the court is told.
Johnny Depp 'suffered lost earnings of approximately $40m'
Forensic accountant Michael Spindler tells the court that for this case he was tasked with looking into Johnny Depp's lost earnings, analysing the period following the publication of Amber Heard's first-person column in the Washington Post, from 18 December 2018 to 31 October 2020.
He has looked at accounting records for the actor as well as contracts, deposition transcripts and trial testimony, the court hears.
"I concluded that Mr Depp suffered lost earnings of approximately $40m," he tells the jury.
He says there are two main components to this - firstly the loss of Depp's role as Captain Jack Sparrow in the upcoming sixth Pirates Of The Caribbean film.
The actor's agent Jack Whigham yesterday told the court a deal for $22.5m had been closed on the role.
Mr Spindler says he calculated the net earnings Depp would have received based on this testimony.
He tells the jury he also looked at other roles - films and endorsements. He says he looked at bookings for the actor 2017, instances where he was hired for a project.
Bookings were "about $17.5m" for the year, Mr Spindler says.
Following the publication of the column through to 31 October 2020, they worked out what Depp should have earned using 2017 as a "typical" year, the accountant says.
The court is now being shown Mr Spindler's analysis.
Losing Pirates 6 equated to lost earnings of $20,250,000, it says - the $22.5m fee minus the agent fee.
Using the $17.5m as a typical rate of earnings for other projects in a year, it was worked out that Depp lost about $20,068,237, the court is told.
So total lost earnings for this period is estimated at $40,318,237, the court is told.
tlcya
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answer my questions yes or no please (subtext: or I might have to object to your answer to my question) 
Sorry but that was some of the funniest stuff I have ever seen in a courtroom. Him objecting to his own question with "hearsay" will forever live rent free in my head.
Sorry but that was some of the funniest stuff I have ever seen in a courtroom. Him objecting to his own question with "hearsay" will forever live rent free in my head.
tlcya
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here comes the wife beater, Sun, UK trial phase of the day
AH counsel now trying to chip away at the forensic accountant's credibility of the periods being calculated and the data used to reach them.
AH counsel now trying to chip away at the forensic accountant's credibility of the periods being calculated and the data used to reach them.
Allabouttrial
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Sky News
Heard's lawyer questions expert witness
Amber Heard's lawyer Ben Rottenborn is now asking expert witness Michael Spindler questions.
He tells the court that Mr Spindler has worked for Depp once before.
Mr Rottenborn says this is the first case in which Mr Spindler has testified in relation to economic damages suffered by an actor, which he says is correct.
Mr Spindler is asked if he understands that this case is only about Heard's Washington Post article and nothing else she has said and done. "I believe that's correct."
He is testifying about "alleged damages" and not offering opinion on whether the damages were caused by the column, he agrees.
Mr Rottenborn says Mr Spindler was not looking into whether anything else in Depp's life caused the damages - including publicity around his UK libel lawsuit and the trial, the actor's drug and alcohol use, or worsening box office performance.
The accountant says this is correct but isn't "acknowledging any of this being accurate, I'm just saying that that wasn't part of my calculations".
Mr Rottenborn asks Mr Spindler about his calculations of damages over Depp losing Pirates 6, as this was based on the actor's agent's testimony yesterday.
Mr Spindler says it is correct that he did not see a contract - the court heard yesterday that there was no contract.
Heard's lawyer questions expert witness
Amber Heard's lawyer Ben Rottenborn is now asking expert witness Michael Spindler questions.
He tells the court that Mr Spindler has worked for Depp once before.
Mr Rottenborn says this is the first case in which Mr Spindler has testified in relation to economic damages suffered by an actor, which he says is correct.
Mr Spindler is asked if he understands that this case is only about Heard's Washington Post article and nothing else she has said and done. "I believe that's correct."
He is testifying about "alleged damages" and not offering opinion on whether the damages were caused by the column, he agrees.
Mr Rottenborn says Mr Spindler was not looking into whether anything else in Depp's life caused the damages - including publicity around his UK libel lawsuit and the trial, the actor's drug and alcohol use, or worsening box office performance.
The accountant says this is correct but isn't "acknowledging any of this being accurate, I'm just saying that that wasn't part of my calculations".
Mr Rottenborn asks Mr Spindler about his calculations of damages over Depp losing Pirates 6, as this was based on the actor's agent's testimony yesterday.
Mr Spindler says it is correct that he did not see a contract - the court heard yesterday that there was no contract.
LaborDayRN
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Ouch! I'm so sorry @squareandrabbet That really hurts!
squareandrabbet
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thank you! I’m such a klutz, lol. The bottom half of the toe is black and blue, but I can at least touch it to the ground long enough for it to support me doing emergency chores, which is at least 50% better than yesterday.
squareandrabbet
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I feel I should include as I was thinking about it yesterday, I wanted to be a screenwriter as a teen and would read a lot of industry papers and blogs… I don’t know if the jury will believe it based upon testimony they have had. but verbal agreements without backing paper contracts are wholly common in Hollywood and lots of projects ‘in development’ have hung around for decades without making it out of development, until finally they go moribund. Sometimes you see a script concept you’ve forgotten about that’s been being gossiped about for 15 or so years, suddenly makes it to film.
fred&edna
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If this is what we have to look forward to with her testimony this week .. I may be the one needing anti anxiety meds.
Same!! Instead of watching her testimony, I may just spend my time revisiting a few of my favorite Johnny Depp movies. Y'all take notes and I'll read about her afterwards.
Allabouttrial
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Sky News
Unpicking the 'clean' year
Amber Heard's lawyer Ben Rottenborn now questions forensic accountant Michael Spindler on his calculations on Johnny Depp's earnings.
Between 2009 to 2019, Depp made about $459m, the court hears, as Mr Rottenborn presents a chart of earnings by year.
The two highest-earning years in this period were 2010 and 2011, the third was 2014. The chart shows Depp's annual income decreasing after 2014.
Mr Rottenborn puts it to Mr Spindler that he cannot identify a specific film - other than potentially Pirates 6 - TV show or other advertising or marketing opportunity that Depp lost because of Heard's op-ed. The accountant says this is correct but this wasn't the nature of his investigation.
He is "assuming" any opportunities were lost because of the column, Mr Rottenborn says. Mr Spindler says this is correct.
Heard's lawyer now questions why 2017 was used as a base year for what Depp should have earned in 2019 and 2020.
In 2017, Depp made about $45m, but in 2016 he made just "a shade over $20m". This was similar to 2018 and 2019, and in 2020 he "made about $22-23m or so", Mr Rottenborn says.
Mr Spindler says this is correct but wants to elaborate - he doesn't get the opportunity to do so.
Later, he explains that Depp took vacation time for the first half of 2018 and was also touring with his band Hollywood Vampires that year.
The year 2017 is a "much better" and "cleaner" year to use as a typical year than 2018, Mr Spindler says.
But Mr Rottenborn reminds him - and the court - of other things that made 2018 not a "clean" year for Depp, including The Sun's "wife beater" article and the actor's subsequent filing of his lawsuit against the newspaper's publishers.
Unpicking the 'clean' year
Amber Heard's lawyer Ben Rottenborn now questions forensic accountant Michael Spindler on his calculations on Johnny Depp's earnings.
Between 2009 to 2019, Depp made about $459m, the court hears, as Mr Rottenborn presents a chart of earnings by year.
The two highest-earning years in this period were 2010 and 2011, the third was 2014. The chart shows Depp's annual income decreasing after 2014.
Mr Rottenborn puts it to Mr Spindler that he cannot identify a specific film - other than potentially Pirates 6 - TV show or other advertising or marketing opportunity that Depp lost because of Heard's op-ed. The accountant says this is correct but this wasn't the nature of his investigation.
He is "assuming" any opportunities were lost because of the column, Mr Rottenborn says. Mr Spindler says this is correct.
Heard's lawyer now questions why 2017 was used as a base year for what Depp should have earned in 2019 and 2020.
In 2017, Depp made about $45m, but in 2016 he made just "a shade over $20m". This was similar to 2018 and 2019, and in 2020 he "made about $22-23m or so", Mr Rottenborn says.
Mr Spindler says this is correct but wants to elaborate - he doesn't get the opportunity to do so.
Later, he explains that Depp took vacation time for the first half of 2018 and was also touring with his band Hollywood Vampires that year.
The year 2017 is a "much better" and "cleaner" year to use as a typical year than 2018, Mr Spindler says.
But Mr Rottenborn reminds him - and the court - of other things that made 2018 not a "clean" year for Depp, including The Sun's "wife beater" article and the actor's subsequent filing of his lawsuit against the newspaper's publishers.
Allabouttrial
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I personally want to hear the other side. Otherwise I can't see the point of watching the trial.
Allabouttrial
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fred&edna
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Owww that hurts sooo bad!! I once thought I'd jammed my toe but actually broke it (bone split vertically)... at least I have my own personal rain/storm warning sensor since then.
'Sending speedy recovery wishes to you!
Allabouttrial
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Sky News
Amber Heard's lawyer makes a motion to strike
Amber Heard's layer Ben Rottenborn says there is "ample evidence" that Johnny Depp physically abused the actress, although admits this is disputed.
He says non-physical abuse is not disputed.
Mr Rottenborn says that if Depp abused Heard "even one time, then she wins. It's that simple".
He is making a motion to strike - which means requesting to the judge that part or all of a party's pleading or a piece of evidence be removed from the record.
Mr Rottenborn is asking for the court to "strike the plaintiff's evidence and award summary judgment to Ms Heard".
Amber Heard's lawyer makes a motion to strike
Amber Heard's layer Ben Rottenborn says there is "ample evidence" that Johnny Depp physically abused the actress, although admits this is disputed.
He says non-physical abuse is not disputed.
Mr Rottenborn says that if Depp abused Heard "even one time, then she wins. It's that simple".
He is making a motion to strike - which means requesting to the judge that part or all of a party's pleading or a piece of evidence be removed from the record.
Mr Rottenborn is asking for the court to "strike the plaintiff's evidence and award summary judgment to Ms Heard".
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