17596: For WPP, TGIF’d Up.

 

MediaPost reported increasing motion sickness in the WPP whistleblower lawsuit.

Previously, the single White operating company sought to seal all references to an alleged Sony Pictures investigation, insisting the “whistleblower” acquired the information via improper means.

The “whistleblower” countered by claiming Sony Pictures brought the investigation details to his legal team earlier this year—completely unsolicited and sans confidentiality request.

WPP boasts being “The Trusted Growth Partner For The World’s Leading Brands.”

Sony likely questions the “Trusted” claim.

Sony Briefed Foster’s Legal Team On Its WPP Rebate Probe

By Steve McClellan

Last month WPP “whistleblower” Richard Foster submitted evidence in his wrongful termination suit against the company of a previously undisclosed investigation by client Sony that concluded WPP pocketed $350 million in media rebates in China belonging to clients.   

A week later WPP demanded that the New York State Supreme Court judge hearing the case seal all documents related to the Sony probe, alleging that Foster likely acquired documents improperly.  

But according to Foster, that’s not the case. In a court filing yesterday opposing WPP’s demand to seal, Foster said that Sony brought the findings to Foster’s legal team earlier this year, without any prior solicitation or request for confidentiality.  

According to the documents Sony made initial contact with the Foster’s law firm (Brewer Attorney’s & Counselors) in February. In May Sony requested a meeting which took place remotely when company representatives briefed Foster’s legal team on the rebate investigation that Sony undertook. 

“Sony, a sophisticated client, examined the same Rebate and Purchase Risk practices Plaintiff reported, reached the same conclusions about them, and presented those findings to WPP’s two most senior lawyer,” Foster’s motion states.  

“That evidence bears on three contested elements of this case. It supports the objective reasonableness of Plaintiff’s belief, because a disinterested third party with access to the underlying data interpreted the practices the same way Foster did. It bears on Defendants’ knowledge, because the findings went to the officers Defendants say exercised “robust formal internal controls.” And it bears on causation and pretext, because the executives Sony identified are the same executives Plaintiff alleges removed him.” 

Foster also argued that WPP’s demand to seal discussions he had with company attorney Nicola McCormick should be denied. “Defendants presume that because Nicola McCormick is a lawyer, her communications with Plaintiff are privileged. That is not the law,” per the filing.  

“Defendants identify no communication in which she rendered legal advice and submit no affidavit from her. Plaintiff approached her as a business executive, and she answered in that capacity.” 

Foster also argued separately that WPP’s motion for sanctions should be denied, submitting that no orders were violated, that discussions with McCormick were not privileged and that the Sony probe materials were obtained properly, among other reasons.  

In addition to the filings, Brewer attorney William A. Brewer III, issued a comment: “Mr. Foster alleges that on multiple occasions, he reported through appropriate channels what he reasonably believed were systemic problems in WPP’s trading practices, Mr. Foster named names and provided specific, detailed reports of undisclosed profiteering by Defendants in the form of rebates. He believes those reports led to retaliation against him by his former employer — and ultimately resulted in his termination.” 

17591: More Motion Sickness At WPP.

MediaPost reported on motion sickness at WPP, whereby the single White operating company filed more motions to dismiss the whistleblower lawsuit.

The latest filings presented two versions of the motion to dismiss: one version available to the public redacts all mentions of the alleged Sony Pictures investigation, and a second version not available to the public features no redacted material.

At this rate, any future actions will probably involve AI-generated motions.

Given WPP’s fascination with AI, it’s surprising legal duties haven’t been executed by the wondrous technology. WPP certainly has enough data from countless past lawsuits and court proceedings for creating the algorithms to make it happen.

WPP Files Motion To Dismiss Foster Case (You Can Read The Redacted Version)

By Steve McClellan

WPP has filed a motion to dismiss the wrongful termination case brought by former GroupM executive Richard Foster.  

The firm filed two versions of the motion including one that redacts all references to a previously undisclosed investigation by WPP client Sony that Foster brought to light in an amended complaint last month. That version is available to the public. A second version of the motion with no redacted material has been filed with the court but is not available to the public. 

Many of the points made by WPP in the latest motion have been argued by the firm in previous filings. For one, the firm argues that Foster is not a “whistleblower,” who was dismissed in retaliation, as he alleges. Instead, the firm argues he was one of many let go in a reduction in force event that occurred in 2025 and is seeking an outsized payout rarely offered to laid-off employees ($100 million). 

All direct references to the Sony probe are redacted in the latest filing. The motion indirectly refers to it as a set of allegations that are “incendiary...scandalous, prejudicial, and utterly irrelevant,” to Foster’s claims. In earlier filings WPP asked the court to seal all references to the Sony probe. It has also demanded that Foster reveal how he obtained the heretofore undisclosed investigation materials, suggesting that he and his legal team acquired them improperly. 

Foster alleges that Sony’s investigation concluded that WPP pocketed $350 million in rebates belonging to clients in China in 2024. He asserts that the probe supports his own case that he exposed rebate schemes at the company that were inappropriate, which he alleges was the main reason he was let go.  

“Richard Foster’s seventeen-year run at GroupM was marked by his constant self-promotion, often through opportunistic business proposals advocating for greater investment in his division, Motion Content Group (“Motion”), over larger and more profitable divisions of GroupM,” WPP states in its latest motion. 

“In the wake of his ignominious termination—the result of Defendants’ global restructuring and reduction in force (“RIF”)—Plaintiff tried to extract a seven-figure severance from Defendants by threatening to file a messy public lawsuit. Those efforts failed, and this case (the “Action”) is the result.” 

Foster’s amended complaint, WPP adds, “suffers the same inevitable defects as Plaintiff’s original pleading, recasting Plaintiff’s longstanding self-advocacy as “whistleblowing,” construing ordinary workplace disputes as retaliation, and failing to allege any causal connection between Plaintiff’s activities and his termination. Setting aside those shortcomings, the Amended Complaint further piles on sensational and irrelevant accusations [the Sony probe] based largely on information obtained after Plaintiff’s termination.” 

Foster also fails to plead “essential elements” required for a retaliation challenge under both New York and California laws, WPP stated.  

William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel to Foster issued a response to WPP’s latest filing: 

“In the three weeks since Mr. Foster filed his Amended Complaint, WPP has filed a flurry of motions which portray a Defendant panicked by the strength of Mr. Foster’s allegations against them—which include findings of clients that support his claims.”  

Brewer added that, “Mr. Foster alleges that on multiple occasions, he reported through appropriate channels what he reasonably believed was a systemic problem in WPP’s trading practices—naming names and providing specific, detailed reports. He believes those reports led to retaliation against him. Mr. Foster remains confident that he will prevail.”

17570: WPP Media Whistleblower Lawsuit Takes More Blows.

 

Business Insider and Adweek reported on a new filing in the WPP whistleblower lawsuit.

The filing alleges Sony—a major client of the single White operating company—conducted an independent investigation and presented the findings to WPP in 2025.

The analysis from Sony stated WPP operated a “global crime scheme” across numerous markets, including China—where the former head of WPP’s media operation in the country received a life imprisonment sentence for media-related improprieties, and two other executives were also hit with stiff sentences.

Such allegations continue to counter WPP CEO Cindy Rose’s proclamations of the corporation being a trusted growth partner for brands.

Busted growth partner appears to be a more appropriate term.

15173: Tiffany R. Warren R Walkin’…

Advertising Age reported Omnicom Group Senior VP and Chief Diversity Officer Tiffany R. Warren is leaving the White holding company for a similar role with Sony Music Group—which might inspire clever remarks featuring musical chairs and song-and-dance references. For now, visitors will have to settle for whoop-dee-damn-doo.

 

Gee, the earlier departure of restlessly ambitious Wendy Clark—coupled with Warren’s upcoming exit—leaves Omnicom Group Chairman-CEO John Wren as one lonely Pioneer of Diversity. At least he didn’t snap at Warren for deciding to “move on in the middle of a crisis.”

 

The Ad Age report stated Warren would continue her role with ADCOLOR®—which will undoubtedly pick up another corporate sponsor whose name starts with an S and ends with a Y…

 

Tiffany R. Warren To Leave Omnicom For Sony Music

 

By Lindsay Rittenhouse

 

Omnicom Group Senior VP and Chief Diversity Officer Tiffany R. Warren is departing at the end of the month. She is set to take up the new role of executive VP and chief diversity and inclusion officer for Sony Music Group.

 

Sony said Warren will work across the company’s global recorded music, publishing and corporate divisions to expand its ongoing equity and inclusion efforts and policies. She will directly report to Sony Music Group Chairman Rob Stringer.

 

“Goodbyes are hard when you love what you are leaving, but it is time,” Warren said in a statement. “Through the innovative work of the remarkable members of the OPEN Leadership Team, Omnicom is strongly positioned to continue leading and innovating in the areas of diversity, equity and inclusion. I am confident of the progress that will be made throughout Omnicom’s networks as OPEN 2.0 continues to guide its DE&I work, including new internal initiatives, client best practices, industry collaboration and work with social justice organizations.”

 

An Omnicom spokesperson said a “search is actively underway” to name Warren’s successor.

 

Warren has served as Omnicom’s chief diversity officer since January 2009. Before that, she was VP, director of multicultural programs and community outreach for Arnold Worldwide.

 

As the leader of Omnicom’s Open Leadership Team, the holding company credited Warren with growing the group to include 25 “diversity champions” across Omnicom’s agencies and networks. She has also assisted with Omnicom-wide efforts to advance and retain diverse talent, according to the agency, which added that Open 2.0—recently created under Warren’s leadership—will continue to be implemented following her departure.

 

Omnicom Group Chairman-CEO John Wren announced the company’s “Open 2.0” action plan, “to achieve our ultimate goal: systemic equity throughout Omnicom,” in July, in tandem with the release of its staff diversity data.

 

“Over a decade ago, Tiffany joined Omnicom in a newly established role that was one of the first in our industry, and since that time, she has demonstrated an unwavering passion and dedication to diversity, equity and inclusion that has underpinned our own core values,” Wren said in a statement on her departure.

 

Warren is also the founder and president of the lauded Adcolor awards, which has long celebrated the achievements of diverse advertising professionals as well as work that promotes diversity and inclusion. She told Ad Age that her role with Adcolor remains unchanged.

 

Warren has called herself a “diversity Pollyanna,” and she’s certainly lived up to the title. She once told Ad Age that she created her first ad (for herself) at age 9 to convince more African-American women to become ballerinas, proving her mission has always been in diversity.

 

She is just the latest diversity, equity and inclusion executive to be poached, amid soaring demand for the role. Most recently, Carl Desir, the former global executive director of equity, diversity and inclusion at R/GA, also went client-side, to Netflix, to join its inclusion strategy team.

 

Contributing: I-Hsien Sherwood

12512: Amy Pascal Is Ignorant.

The New York Times reported soon-to-be-transitioning Sony Chair Amy Pascal admitted she had indeed been fired for her cultural cluelessness—although she technically didn’t acknowledge her ignorance and accountability in the termination. “You should always say exactly what you think directly to people all the time,” said Pascal. “In the moment, the first time.” Um, if Pascal had any integrity, she would have followed her own advice versus insulting President Obama, exposing her closet racism and prompting her own dismissal.

Amy Pascal Says Sony Pushed Her Out of Studio Post

By Michael Cieply

LOS ANGELES — “All I did was get fired,” Amy Pascal said during a public discussion at the Women in the World conference in San Francisco on Wednesday.

With that blunt declaration, Ms. Pascal put to rest behind-the-scenes speculation among those who work closely with her as to how much was push and how much was pull in the weeks leading to the announcement of her exit from Sony Pictures Entertainment last week.

Ms. Pascal now acknowledges there was plenty of push. Her remarks, made on stage during a talk with the writer and media entrepreneur Tina Brown, were framed as a tribute to women honored at the annual meeting, which in the past featured Hillary Rodham Clinton and the International Monetary Fund’s managing director, Christine Lagarde.

“All the women here are doing incredible things in this world,” said Ms. Pascal, in the immediate run-up to her remark about being shoved out of Sony.

Long before Sony was hit by a damaging hacking attack that spread Ms. Pascal’s embarrassing emails around the planet, she had been in deep discussions about a contract renewal, and those obviously had not gone well. In the late summer, it looked as if she might be gone — the victim of a weakening track record and of changing studio economics.

By the fall, however, people close to her signaled that the renewal was settled, though always speaking on condition of anonymity.

In November came the hacking, which crippled the company’s computer systems and made available reams of data on the company, including personal emails. For a time, it appeared that the attack had perversely changed the internal equation in Ms. Pascal’s favor. People briefed on Sony’s internal workings repeatedly said her career would not be a victim of the attack. Sony executives, and Ms. Pascal, just as repeatedly declined to discuss her renewal.

With last week’s announcement of her resignation, Ms. Pascal was described by some people as having tired of the job, and of the contract renewal process. They said she found the prospect of a fresh career producing movies more alluring than a taxing executive job.

The studio’s official statement about her departure was artfully ambiguous: It said Ms. Pascal would “transition” to a new production venture at the studio, without getting into the particulars of her departure.

Ms. Pascal’s new production deal could pay her as much as $40 million over four years, and involves her with some of Sony’s most valued projects, including the “Spider-Man” and “Da Vinci Code” series. As details of the deal came out, word began to circulate among studio associates, including producers who would now be competing with her, that she had in fact been fired.

On Thursday, a spokeswoman for Sony, where Ms. Pascal remains co-chairwoman until May, declined to comment.

But, as reported by the Recode.net Web news service, Ms. Pascal was mincing no words on Wednesday.

“You should always say exactly what you think directly to people all the time,” she said.

“In the moment, the first time.”

12497: Pascal’s Prestigious Penance.

The New York Times reported soon-to-be-reassigned Sony Chair and closet racist Amy Pascal will be working on the studio’s Spider-Man series. Hey, maybe she’ll support the fans on Twitter calling for a Black Spider-Man.

Amy Pascal to Work on Sony’s Spider-Man Team

By Brooks Barnes and Michael Cieply

LOS ANGELES — Amy Pascal may be giving up the Sony Pictures crown, but she’s keeping the jewels.

In a deal announced late Monday, Ms. Pascal will join the producing team for Sony’s most important film property — the Spider-Man series — when she steps down as the studio’s movie chairwoman in May. Landing the blockbuster franchise ranks her alongside Hollywood’s most prominent producers.

Ms. Pascal will also board the studio’s high-profile “Ghostbusters” remake, according to people briefed on her exit package who spoke on the condition of anonymity to discuss deals that are still private. She is additionally expected to tackle “Cleopatra,” an epic starring Angelina Jolie that has long gestated at Sony.

Sony also said on Monday that Kevin Feige, the president of Marvel Studios, which is owned by the Walt Disney Company, will join Ms. Pascal in producing the next Spider-Man film. As yet untitled, the movie will be released in July 2017. It will not continue the story set out in “The Amazing Spider-Man 2,” which Sony released to mediocre results last year.

Together, the deals with Ms. Pascal and Marvel signify a structural transition at Sony, which was struggling with uneven box office results long before it suffered a devastating cyberattack in November. Like other studios, Sony will become less an operation run by an auteur chief — for the last 18 years, Ms. Pascal — and more a federation of powerful filmmaking arms competing for coveted release dates.

Whoever succeeds Ms. Pascal will have to play broker among the fiefs. Ms. Pascal, lured by the attractive new deal and drained by the pressures of the hacking crisis, announced her departure last week.

Thomas E. Rothman, the former chief executive of Fox Filmed Entertainment, is now in charge of Sony’s rejuvenated TriStar division. Jeff Robinov recently brought his Studio 8, financed by China’s Fosun Group, to Sony after leaving his post as the top movie executive at Warner Bros. Another Sony division dedicated to lower-budget urban comedies and horror films, Screen Gems, is run by Clint Culpepper.

Mr. Rothman and Mr. Robinov have only just started to assemble what are expected to be dozens of films that — alongside the contributions of Ms. Pascal — will shape Sony’s creative signature through much of the next decade. Mr. Rothman and Mr. Robinov will work together on one early film, Ang Lee’s “Billy Lynn’s Long Halftime Walk,” an Iraq war veteran story.

Ms. Pascal’s exit deal, among the richest in Hollywood history, will guarantee her income of between $30 million and $40 million over four years, according to people briefed on its terms. Her package also includes a percentage of profits on movies she produces and roughly $9 million annually for office costs and discretionary acquisition of scripts.

The agreement ranks in opulence with the farewell 20th Century Fox package given to Peter Chernin when he left as president of the News Corporation in 2009. Among the prime Fox properties Mr. Chernin joined as a producer was the reimagined “Planet of the Apes” series, which went on to generate more than $1 billion at the worldwide box office.

Ms. Pascal’s presence on so many films will inevitably crowd producers who might otherwise have had her slot. Notably, Avi Arad and Matthew Tolmach, both of whom were producers of the last two Spider-Man films, will transition to lesser roles on the next Spider-Man movie.

Spider-Man is a Marvel character, but Marvel sold Sony the movie rights in 1999 and has had almost no involvement since. As part of the agreement with Marvel announced Monday, Marvel can include the Spider-Man character in its own movies — starting, perhaps, with “Captain America: Civil War,” which will arrive in May 2016.

Sony will continue to finance, distribute, own and have final creative control of the stand-alone Spider-Man films.

The Spider-Man series came to Sony when Ms. Pascal helped connect the project with Laura Ziskin, a friend who resigned as president of Fox 2000 in 2009 and quickly set up shop as a producer at Sony. With the immense success of “Spider-Man,” which had about $822 million in worldwide ticket sales after its release in 2002, Ms. Ziskin helped reinvigorate the studio. (She died of breast cancer in 2011.)

Two more sequels, both starring Tobey Maguire as the title character, delivered mammoth ticket sales. But Sony’s last outing with Spider-Man — its original deal with Marvel requires the films to keep coming — did not perform as well as its predecessors, taking in about $706 million at the global box office in 2014.

While Sony has struggled to keep Spider-Man vibrant, Mr. Feige has delivered hits like “Guardians of the Galaxy” and “Captain America: The Winter Soldier.” “We always want to collaborate with the best and most successful filmmakers to grow our franchises,” Michael Lynton, Sony’s chief executive, said in a statement.

12484: Pascal Pushed To Production.

The New York Daily News reported Sony Chair Amy Pascal has been politely pushed out of her position to pursue a “major new production venture at the studio.” If there were any justice in the world, Pascal would be forced to produce for Tyler Perry, Kevin Hart and Angelina Jolie. A source stated, “The word is she was allowed to back out instead of just being fired.” Hey, it only shows that White women in Hollywood are doing as well as White women in adland. Indeed, Madison Avenue still offers a back-up plan for Pascal, as culturally clueless White women are always in demand.

Amy Pascal allowed to resign as Sony Pictures boss after email leaks, but Scott Rubin avoids penalty

Sources told Confidenti@l that Rubin faces no penalty beyond a few dings to his reputation, even though he and Pascal were caught exchanging racist emails about President Obama’s supposed movie tastes and trashing Angelina Jolie. Pascal, however, has been allowed to resign rather than be fired. ‘Even though Scott is an equal player and disliked by many, he is still a man and it’s unfortunate. Even in Hollywood the woman is always viewed differently,’ sources said.

By Marianne Garvey , Brian Niemietz , Corky Siemaszko | NEW YORK DAILY NEWS

Two Hollywood heavyweights were caught exchanging racist emails about President Obama’s supposed movie tastes and trashing Angelina Jolie — but only the woman is taking a fall.

Sony Pictures Entertainment boss Amy Pascal has been eased out of her post as chairman for what the company on Thursday called a “major new production venture at the studio.”

Meanwhile, Pascal’s partner in slime, superproducer Scott Rudin, faces no penalty beyond a few dings to his reputation.

“The word is she was allowed to back out instead of just being fired,” sources told Confidential.

“Even though Scott is an equal player and disliked by many, he is still a man and it’s unfortunate.”

“Even in Hollywood, the woman is always viewed differently.”

There was no immediate comment from Sony or Rudin, who runs his own production company, the engine behind “No Country for Old Men” and “The Grand Budapest Hotel,” among others.

But Pascal’s exit comes three months after hackers unloaded a deluge of embarrassing company emails in which she and Rudin traded the malevolent messages prior to an Obama fund-raiser at Dreamworks chief Jeffery Katzenberg’s house in November 2013.

Neither Pascal nor Sony mentioned the scandal in their sunny statement about her departure from the corner office.

“I have always wanted to be a producer,” Pascal insisted, saying this “transition” had been in the works “for quite some time.”

“I have spent almost my entire professional life at Sony Pictures and I am energized to be starting this new chapter based at the company I call home,” she said.

Pascal said she has a four-year deal with Sony and will “retain all distribution rights worldwide to films financed.” And she’s not going far — her new offices will be located on Sony’s Culver City lot.

“I am delighted that Amy will be continuing her association with SPE through this new venture, which capitalizes on her extraordinary talents,” Sony Entertainment CEO Michael Lynton said in his statement.

Pascal, the prime mover behind critical and commercial hits like “American Hustle,” “The Social Network” and “Skyfall,” was undone by the Guardians of Peace, a hacker collective believed by the FBI to be associated with the North Korean government.

The group had been demanding that Sony shelve its James Franco-Seth Rogen comedy “The Interview,” in which the Communist regime’s supreme leader Kim Jong Un is assassinated.

Pascal and Rudin later apologized for insensitive jokes about the President’s favorite movies — a list comprised entirely of flicks about African-American lives.

“Should I ask him if he liked DJANGO?” Pascal asks in one email, to which Rudin replies, “12 YEARS” — a reference to two slavery dramas, “Django Unchained” and “12 Years a Slave.”

The exchanges also included a jab at Jolie, who Rudin slammed as “seriously out of her mind” and “a minimally talented spoiled brat.”

Under Pascal, Sony Pictures raked in more than $46 billion in box-office revenue worldwide and garnered 315 Oscar nominations.

Movies that Pascal helped get on screen were the last three James Bond films, along with “Moneyball,” “Adaptation,” “The Da Vinci Code,” “Eat Pray Love,” “The Girl With the Dragon Tattoo” and “Zero Dark Thirty.”

12310: Culturally Clueless In Hollywood.

The New York Times reported Sony Pictures Chair Amy Pascal and film producer Scott Rudin issued the obligatory apologies for their culturally clueless email exchange first revealed by BuzzFeed. Not sure why Pascal still has a job, as her emails would be grounds for termination by most professional fields in these racially-sensitive times. On the other hand, Rudin is a notorious asshole, so no one should be surprised by his commentary. The executives’ conversation certainly underscores what Chris Rock recently said about Hollywood—a viewpoint that was further supported via the ignorance displayed by media mogul Rupert Murdoch and film director Ridley Scott.

Meanwhile, The New York Daily News reported Sony put the brakes on a press junket to promote the latest movie starring Kevin Hart, who received unflattering criticism in another email exchange between Pascal and Sony executives. If Pascal authorized halting Hart’s promo tour, she should definitely be canned. Another report from The New York Daily News claimed a source is saying Pascal will soon be fired. Pull the trigger already, Sony.

Finally, Pascal and Rudin should be banned from any upcoming awards ceremonies.

Sony Film Executives Apologize for Racially Tinged Emails About Obama

By Brooks Barnes and Michael Cieply

LOS ANGELES — Embarrassing, racially tinged emails about President Obama’s imagined movie tastes, posted online by hackers and reported by news sites, prompted public apologies on Thursday from Sony Pictures Entertainment’s movie chief and one of its top producers.

“To anybody I’ve offended, I’m profoundly and deeply sorry, and I regret and apologize for any injury they might have caused,” the film producer Scott Rudin said in a statement after the disclosure of his private email banter with Amy Pascal, Sony’s co-chairwoman, about Mr. Obama and black-themed films. “I made a series of remarks that were meant only to be funny, but in the cold light of day, they are in fact thoughtless and insensitive — and not funny at all.”

Ms. Pascal said in her own statement: “The content of my emails to Scott were insensitive and inappropriate but are not an accurate reflection of who I am. Although this was a private communication that was stolen, I accept full responsibility for what I wrote and apologize to everyone who was offended.”

The email exchange in question, reported by BuzzFeed, took place before Ms. Pascal attended a breakfast for Mr. Obama that was organized by Jeffrey Katzenberg, chief executive of DreamWorks Animation.

“What should I ask the president at this stupid Jeffrey breakfast?” Ms. Pascal asked Mr. Rudin in an opening query. She then speculated that she might ask if Mr. Obama liked “Django Unchained,” about a former slave. Mr. Rudin countered with a suggestion about “12 Years a Slave,” while Ms. Pascal suggested other films involving African-Americans.

Finally, Mr. Rudin wrote: “Ride-along. I bet he likes Kevin Hart.” The email referred to a broad comedy, from Universal Pictures, that starred Mr. Hart and Ice Cube.

Mr. Rudin, who has been a producer of films like “Captain Phillips” and “The Social Network” for Sony, added in his apology, first posted on Deadline.com, that “private emails between friends and colleagues written in haste and without much thought or sensitivity, even when the content of them is meant to be in jest, can result in offense where none was intended.”

The emails were disclosed as part of a continuing dump of documents by hackers who attacked Sony’s computer systems, beginning in late November.

In a separate email exchange, also disclosed online, another Sony executive, Clint Culpepper, used harsh language in suggesting that the studio rebuff a salary demand from Mr. Hart, who has starred in several films for the company’s Screen Gems unit, including a coming movie, “The Wedding Ringer.”

“I’m not saying he’s a whore, but he’s a whore,” Mr. Culpepper wrote.

Representatives of the studio did not comment on Mr. Culpepper’s remarks. A spokeswoman for Mr. Hart directed a reporter seeking comment to an assertive post on his Instagram account. “I will never allow myself to be taken advantage of,” Mr. Hart wrote. “I refuse to be broken.”

Also on Thursday, the Rev. Al Sharpton, in a statement, condemned the exchange between Ms. Pascal and Mr. Rudin as “offensive, insulting” and took further aim at Ms. Pascal, saying her comments reflected a “troubling” lack of diversity at her studio and others.

People familiar with Sony’s response to the attack, who spoke on the condition of anonymity because they were not authorized to comment publicly, have said they expect to face further unauthorized disclosures in the days ahead.

12258: Deutsch LA Tweets BS.

Advertising Age reported the FTC spanked Sony and Deutsch LA for deceptive messages delivered via tweets—marking the first time an advertiser and its White advertising agency have faced charges over Twitter misbehavior.

A press release from the FTC stated that Deutsch LA “misled consumers by urging its employees to create awareness and excitement about the PS Vita on Twitter, without instructing employees to disclose their connection to the advertising agency or its then-client Sony.” The complaint also revealed “about a month before the gaming console was launched, one of Deutsch LA’s assistant account executives sent a company-wide email to staff asking them to help with the ad campaign by posting comments about the PS Vita on Twitter…”

The parties ultimately reached a settlement, with Deutsch LA presenting its own legalese-filled remarks: “Deutsch LA is pleased to have concluded negotiations with the FTC regarding 2012 advertising for the Sony Vita. In the proposed Order, Deutsch LA, Inc. did not admit to any violation of the law and sought to resolve all open issues to avoid protracted legal proceedings. Deutsch LA appreciates the FTC’s staff’s cooperation in bringing this matter to resolution.”

Wow. The only thing missing from Deutsch LA’s statement is having it read aloud with Joe Isuzu as voiceover.

Does anyone think for a millisecond that Deutsch LA is not guilty of everything the FTC charged? It goes to the digital ignorance of traditional White advertising agencies, as well as such firms’ tactics designed to boost response rates and data. Heaven forbid a shop could produce content that might inspire legitimate consumer enthusiasm. Instead, ad agencies routinely instruct staffers to view YouTube videos, like Facebook pages, tweet 140-character compliments, vote promotional support, etc.—and even recruit their personal social networks in the false festivities. Oh, and digital agencies do the same damn things.

For Deutsch LA to insist it “did not admit to any violation of the law” is creative copywriting at its finest. The agency’s statement is about as honest as this yelp review of the shop’s office.

FTC Calls Out Sony—and Deutsch LA—for Deceptive Advertising

First Time FTC Has Charged An Agency Or Company Regarding Twitter Behavior

By Maureen Morrison

The Federal Trade Commission doesn’t think that Sony’s claims that its PlayStation Vita handheld device was game changing, was game-changing at all.

Sony Computer Entertainment America has agreed to settle Federal Trade Commission charges that it deceived consumers with false advertising claims about the “game changing” technological features of Vita during its U.S. launch campaign in late 2011 and early 2012. The commission also targeted ad agency Deutsch, Los Angeles, for both its traditional advertising and a social-media effort. In fact, the FTC said this is the first its charged any agency or company with deceptive conduct related to Twitter posts.

According to a FTC statement, Sony claimed that the handheld console would revolutionize gaming mobility by enabling consumers to play their PlayStation 3 games via “remote play,” and that they could engage in “cross platform” play by starting a game on a PS3 and then continuing it on the Vita, right where they left off. The FTC alleged that each of these claims was misleading.

But the FTC went farther. In a separate action, it stated that Deutsch Los Angeles, the agency handling the Vita launch, “knew or should have known that the advertisements it produced contained misleading claims about the console’s cross-platform and 3G capabilities.”

It also said that Deutsch LA “misled consumers by urging its employees to create awareness and excitement about the PS Vita on Twitter, without instructing employees to disclose their connection to the advertising agency or its then-client Sony,” said a FTC press release.

The agency used the #gamechanger hashtag in its ads to direct consumers to Twitter to talk about Vita. But, “about a month before the gaming console was launched, one of Deutsch LA’s assistant account executives sent a company-wide email to staff asking them to help with the ad campaign by posting comments about the PS Vita on Twitter and using the same ‘#gamechanger’ hashtag,” according to the complaint.

The participating employees, however, did not clearly state that they worked for Sony’s agency. In other words, the FTC said, agency employees could be mistaken for regular consumers.

“Deutsch LA is pleased to have concluded negotiations with the FTC regarding 2012 advertising for the Sony Vita,” said the agency in a statement. “In the proposed Order, Deutsch LA, Inc. did not admit to any violation of the law and sought to resolve all open issues to avoid protracted legal proceedings. Deutsch LA appreciates the FTC’s staff’s cooperation in bringing this matter to resolution.”

In all, the proposed settlement orders prohibit both Sony and Deutsch LA from making similar claims in the future when promoting the features or capabilities of handheld gaming consoles. The proposed order against Deutsch LA also bars it from “misrepresenting that an endorser of any game console product or video game product is an independent user or ordinary consumer of the product.” In addition, the proposed order requires Deutsch LA to disclose a material connection between any endorser of a game console product or video game product and Deutsch LA. These requirements are in line with the FTC’s Endorsement Guides, said the FTC.

As part of its settlement with the FTC, Sony will provide consumers who bought a Vita before June 1, 2012, either a $25 cash or credit refund, or a $50 merchandise voucher for select video games or services. Sony will provide notice via email to consumers who are eligible for the voucher after the settlement is finalized by the FTC.

Though it’s rare for the FTC to file a complaint against an ad agency, this isn’t the first time. For example, back in 2002, the FTC filed a complaint stating that Wonder Bread and its ad agency Campbell Mithun made unsubstantiated claims that Wonder Bread’s “added calcium could improve children’s brain function and memory were unsubstantiated and violated federal law.”

10892: Save Trees—Kill Print Ads.

Anyone else think Sony is silly to point out how e-books can save trees—via a print campaign?

From Ads of the World.

9225: White People Take Over Foreign Land.

Wow, watch how the White family with its wondrous device mesmerizes the natives in this Sony Handycam commercial.

6563: Wrapping The News.

News digestion in a MultiCultClassics Monologue…

• Two all-beef patties special sauce lettuce cheese pickles onions in a soft flour tortilla. Mickey D’s has unleashed the Snack Wrap Mac—the innards of a Big Mac rolled into a tortilla—in Canadian test markets. Can’t help but think the McR&D folks are inherently lazy. Every “innovation” seems to essentially involve adding a patty or repurposing the existing grill debris. Why not just dump everything into a blender for McPuree?

• President Barack Obama apologized for a joke he made on The Tonight Show with Jay Leno. While discussing bowling, Obama quipped his skills were “like Special Olympics or something.” He later called Special Olympics Chairman Tim Shriver to offer his regrets. Obama probably meant to say his skills were like McR&D workers or something.

• Sony will impose a one-year salary freeze for its full-time Japanese employees. The workers will probably set up PrayStations to hope PlayStations lead to PayStations.

• Ex-New York Governor Eliot Spitzer was interviewed for CNN, saying he worked the past 12 months repairing his marriage and family life. Spitzer remarked, “I have spent a year with my family—with my wonderful and amazing and forgiving wife and three daughters —and we’ll rebuild those relationships, and hope to do that as time goes on.” His wife probably imposed a freeze on high-priced hookers.

• Walmart is paying out bonuses to its workers, as the retailer enjoyed a profitable year. Let’s hope the employees stimulate the economy by spending the extra loot on Snack Wrap Macs, PlayStations and Prostitutes.