This time in a decision by Judge Veronica Barisich (Nev. Dist. Ct. Clark County), handed down in February but just posted on Westlaw; an excerpt:
[16.] There are only few factual disputes. Plaintiff [Malcolm Lavergne] is a Nevada attorney who has represented O.J. Simpson since 2009 regarding his robbery-related convictions, appeal, and Mr. Simpson's 2017 parole hearing. Plaintiff was not involved in the infamous O.J. Simpson 1995 criminal murder trial in California or the 1997 wrongful death civil trial in California. Defendant Kimberly Goldman is the sister of late Ronald Goldman, one of the victims in Mr. Simpson's criminal and civil trials, and she produced and co-hosted a podcast entitled "Confronting: O.J. Simpson." … Defendants Glass Entertainment Group, LLC and SQRL Media, LLC are the media production companies that produce the podcast. Defendant Nancy Glass is a producer, the principal of Glass Entertainment Group and SQRL Media, and co-host of the podcast. Defendant Wondery, Inc. is the podcast distributor.
[17.] Since late 2018, Defendants requested O.J. Simpson's participation in a documentary, which O.J. Simpson rejected. On June 17, 2019, after the podcast was launched, Ms. Glass directly contacted Plaintiff to solicit O.J. Simpson and Plaintiff to appear on the podcast, which Plaintiff also rejected. Ms. Glass recorded their phone conversation, and Plaintiff purportedly did so as well. The very beginning of the recorded call includes the following back and forth between Plaintiff and Ms. Glass:
Nancy Glass: "Hi Malcolm, this is Nancy Glass, I'm the Executive Producer of Kim Goldman's podcast… I'm wondering if you would be willing to appear on the podcast, to call into the podcast… well, first of all, can I record this call?
Plaintiff: "Yeah, I'm going to record it too."
Although Plaintiff has suggested that he did not consent to the recording of the telephone call, this allegation is contradicted by the evidence presented, and Plaintiff failed to cogently challenge the authenticity of the recording.
