Interviews
View Interviews By
Advertisement
Interview
Brett Paul, Exec. Vice President, Warner Bros. TV
by Bitter Success
11/04/08
Interview
Barry Landsberg, Partner, Manatt Phelps
by Bitter Success
10/08/08
Social
Bitter Lawyer is also on:
Twitter
Facebook
RSS
Sign Up For Bitter Lawyer Updates!
Questions? Feedback? info@bitterlawyer.com
recent tweets
Oh dear - it seems that the username and password you provided were not correct. Twitter says they are not valid. (Error 401)|
|
Clyde DeWitt, Adult Entertainment Attorney
by Bitter Success
12:50 AM, November 14, 2008
“Adult entertainment businesses are run by regular people.”
Current title and employer?
Owner, Law Offices of Clyde DeWitt
Years in practice: 35
Law school? Education background?
JD, University of Houston Law Center (1973)
Masters of Science in Accountancy, University of Houston Graduate School of Business (1976)
Bachelor of Science in Electrical Engineering, Milwaukee School of Engineering (1970)
How did you get into porn?
“Porn” implies media, and I represent gentlemen’s clubs as well. I identify my area of concentration as “adult entertainment,” which is more accurate for the additional reason that much of what I do includes challenges that do not relate to the fact that the material involved is “porn”—a term I don’t particularly like. For example, you don’t need to be in an adult media business to have issues of business structure, employment, copyrights, trademarks, business contracts, business disputes, leases and so on. Where my practice is different from general media or entertainment businesses arises when there is a battle with government where my ally is the First Amendment.
Aside from that, the way I found myself involved in it is kind of funny. I spent the first seven years of my legal career in the District Attorney’s Office in Houston, Texas (1973-1980). During my last couple years there, I was general counsel for the district attorney—a fancy name for the guy who defends the district attorney and his then 175 assistants when they get sued, which they do, believe it or not. In 1979, Texas enacted tangible amendments to its obscenity statutes, and 28 adult-business plaintiffs sued 43 governmental defendants, challenging the constitutionality of some of the new provisions. My boss drafted me to defend the case. Even though it was part of my job description, I did so reluctantly. To make it worse, the federal judge handling the case was an adjunct professor at the University of Houston’s law school. He remembered me from a class he taught and designated me “lead counsel.”
In any event, one of the legion of attorneys for the adult business was John Weston. Over the course of the case, he and I became friends. I won (regrettably!), so ultimately, when I left the DA’s office, I became associated with his firm. The association lasted 27 years (I was an equity partner the last 17), culminating early this year.
Okay, be honest, why did you really get into porn law?
I love constitutional law. It is incredibly intellectually challenging—a melting of politics and law. When I was in the DA’s office, I spent three years in the appellate division, and I loved doing the cases with constitutional issues. So, I jumped at the chance to focus on it.
What is a typical day like for you?
Putting aside days in court, taking depositions, settlement conferences and meetings with clients and others (all of which happen with some regularity), I stare into a computer monitor. I receive close to 100 emails a day (excluding duplicates and spam) to which I am required to respond; and generally I am on the phone quite a bit. That is because I am constantly answering client inquiries as to how to respond to particular legal problems—although sometimes the analysis is as much business as legal. Much of my litigation practice is motion-oriented, so I am called upon to accomplish mountains of writing.
In porn, everyone’s a star, but have you represented any clients that are, well, household names?
Yes, quite a few, but I can’t name them.
Have you ever dated one of your clients? Do you get asked that a lot?
No and yes.
What’s the one thing about the porn business that most “regular” people wouldn’t know?
That the businesses are run by regular people.
This struck me a year or two ago when I went to a birthday party thrown by one of the central figures in the San Fernando Valley adult video industry. It was for his one-year-old daughter. Present were principals in probably a majority of the major adult video companies; all of which you would recognize if you had any familiarity with the industry. I observed to one of them who is an long-time friend, although I don’t represent him, that nobody outside the industry who observed this scene (maybe 60 people) would believe that the guests collectively controlled a majority of the adult video output in America. They were just regular people; couples with children, wearing casual clothes, eating barbeque, drinking iced tea, wine and beer. It could have been a hardware convention.
These are just regular business people. They, for the most part, are not weirdoes, swingers or otherwise eccentric.
Do you feel respected?
By whom? The adult industry? I think so. The Christian Right? No way!
What advice would you give a lawyer who wanted to do what you do?
To be an adult entertainment lawyer, you need adult entertainment clients. Not many adult entertainment business owners are going to want to retain an attorney knowing that this is his/her first adult entertainment client. The only way to break in is to become connected with a law firm that is heavily involved in this area of practice and grow with the firm.
But the stronger advice I would give is, “Don’t do it!”—unless you just fall into it, as I did. The legal challenges in the industry are less frequent because it is becoming more accepted, and the video industry is shrinking due to rampant piracy. Successful attorneys become successful because they go to work for good law firms, find good mentors and follow the lead.
What was the most surreal moment in your practice?
I don’t know that I can identify one. In dealing with censorship, which I do quite a bit, I am mystified by how politicians can get so exercised about adult entertainment. They have no clue the extent to which the voting public at large doesn’t much care about the topic one way or another.
Who are your role models?
My mentor, the late Bill Burge, was the first boss I had in the DA’s office. Unfortunately, he lost a battle with cancer about 10 years ago. Long after I left Houston, I kept in touch with him. We regularly brainstormed issues each of us was facing. Sorry that it isn’t some celebrity.
Why does the adult lawyer specialty seem to be dominated by men?
It does? Back when I was in Houston, Marian Rosen was as good an adult entertainment lawyer as there was in the whole state. Cathy Crosson, in Indiana, who works with me, has done spectacular work in the field for decades. Jennifer Kinsley in Ohio is clearly a rising star of the profession, which Corey Begner in Atlanta has been for decades. Nanci Clarence and Kate Dyer in San Francisco have done outstanding work over the years in this area. I apologize to any who didn’t come to mind.
I will agree with you that in terms of numerosity, men do dominate the roster of adult entertainment attorneys. I think the reason is that most of the attorneys who are heavily involved in this are from my generation (I am 60). When I was in law school, I think we had less than ten women in a class of almost 350, and that was the norm. So, the bulk of the attorneys in the adult entertainment arena are from a generation of lawyers in which the entire profession is dominated by males. And the amount of litigation has dwindled, so there hasn’t been the need to absorb new attorneys.
Are Gucci bags fashionable and comfortable or unfeminine and ugly? Regardless of how much you may or may not like discount gucci handbags, this is a trend that does not seem to be going away any time soon. This is becoming more and more obvious in the fashion meccas of the world and the clientele that gucci outlet has been attracting in the last few years.There really are a lot of reasons to love gucci handbags and I suppose just as many not to as well. Personally I am of the mind that gucci bags sale are cute and I proudly wear mine frequently. What do you think? Are you pro or con designer gucci handbags?
tfretreWe need walk, exercise or jog every day, if wear a pair of mbt shoeswe may be a little on edge. So we must choose a kind of mbt shoes sale, the best choice is MBT shoes which will be helpful for your health. Womens mbt shoes is definitely comfortable and convenient. It is one of the best MBT Shoes online store on the market. It has a unique designed sole that is curved and multilayered. Because Anti Shoes has the special sole that it can mimic walking on the uneven ground. Discount MBT Shoes can be beneficial to your body by activating the ignored muscles in the feet. MBT shoes recreate the feeling of waking on the soft sandy beach or a mossy surface
reytryhtuhyLV handbags exit of traditional technology export fashionable avant-courier, under the premise of luxurious dermal LV handbags has focused on the quality of commercial LV handbags, more than five popular. Enjoy free transport desigenr lv bags, in a guatantee. LV handbags sales by 2010.
huang101Coach outlet export the store manager luxurious lifestyle export handbag. To find the best choice and coach bags outlet here! We provide the best collection of coach handbags and best price, including a handbag. Welcome to enjoy coach sunglasses, cheap and discount wholesale and retail channels, coach online outlet, much less ones coach outlet store. Discount sales manager.
huang101 You will see many people wear MBT shoes when you walk down the street, it is the trend this year. MBT womens shoes really over skates world in a relatively short period of time, from obscurity, almost overnight fame. If you are looking for MBT mens shoes, streamlined? In the second MBT Sneaker? In curing outsole. This kind of unique design, brand positioning is an alternative fashion, art, fashion, substitution, Skytop in combination of the slide MBT womens shoes, it has become a popular culture brand. The original packaging and new and high quality. Rapid provide free delivery. huang101 In 2009-2010, a multi-function transparent RTW runway chanel bags, can accommodate perfume, cosmetics, sunglass, chanel outlet etc., are more and more brilliant, and won the reputation of the designer. If you happen to have a transparent plastic bags, just a chanel 2.55 is your best choice. From chanel wall-socket. This man, his guitar black and white version, chanel handbags 2010 summer 2009 collection in the spring. For chanel bag, welcome to our chanel online store huang101 Herve Leger provides our customers with various kinds of fantastic, Herve Leger Dress which are appealing to their refined tastes. In our online Herve Leger 2010 shop, You can chase after every kind of Herve Leger Dress you want.We provide first class customer service with secure ordering online and off-line. We have been trading online since the year 2005 and our experienced team is always ready to answer any Herve Leger sale Dresses questions. Buy it now! huang101 The coach did not confirm what will happen. Obviously he is afraid of the middle class consumer spending follies last decade reluctance to cheaper brands for much of their travel purchases. Meanwhile, the collection of the most famous hopes to maintain its position as a premium luxury. The coach bags is a little embarrassed.coach handbags Parker Butterfly Print Tote is the product in those conditions. The colors of the butterfly jewelry and dazzling graphics seems to seduce young girls in the middle class. The enormous scale that, for the development of luxury fashion brands, sophisticated fashion. The coach purses has done everything possible to fight the economic downturn. And it worked. However, the persistent question of whether the trend in retail stores less and less brand keep consumers buying the latest Coach outlet come to the market.drtuyr