AAN News

More on the Bay Guardian/VVM Verdict

"There's more to the Bay Guardian-VVM fight than ill will and purple prose," writes Boston Phoenix media reporter Adam Reilly. "The two sides have predictably divergent takes on the merits of the outcome. But they agree that its legal ramifications go far beyond the Bay Area and the alt-weekly universe." Guardian publisher and editor Bruce Brugmann tells the Phoenix that the suit sets an example for small businesses everywhere. "Everyone can use our suit as a model and template for any big chain that's coming in and trying to predatory-price them," he says. But SF Weekly attorney Jim Wagstaffe thinks that if the judge grants the Guardian's request for an injunction for the Weekly to stop all below-cost sales as the case winds its way through the courts, "the result here could dramatically harm consumers. If every one of [a publication's] ad sales is scrutinized to make sure it's not, quote-unquote, too low, then what'll happen is, publications will raise their prices to avoid getting sued." The Guardian notes that interest will accrue on the judgment at a rate of 10 percent a year. "That means the Weekly and VVM will be paying $4,000 a day in interest for as long as they seek to dispute and appeal the jury decision," the Guardian reports.
Boston Phoenix | San Francisco Bay Guardian  |  03-12-2008  8:35 am  |  Industry News

Reaction Pours in to Verdict in Bay Guardian/VVM Trial

A number of stories and blog posts have come out since a jury ruled in favor of the Bay Guardian in its predatory pricing suit against SF Weekly and Village Voice Media yesterday. Here are some:
AAN  |  03-06-2008  9:47 am  |  Industry News

Jury Rules in Favor of Bay Guardian in Suit Against VVM

The jurors handed down their decision in the Guardian's predatory pricing suit against SF Weekly and Village Voice Media today, awarding the Guardian more than $6.39 million in damages. Under California law, part of that verdict is subject to treble damages, bringing the total award to $15.6 million. The Weekly has indicated that it will appeal the decision. Read VVM's statement on the verdict here. The Guardian has a story on the verdict here.
SF Weekly | San Francisco Bay Guardian  |  03-05-2008  5:30 pm  |  Industry News

Jury Still Deliberating in Bay Guardian/VVM Trial

The 12 jurors will reconvene to consider the case this morning. For more, check the most recent blog posts from the SF Weekly and the Bay Guardian.
SF Weekly | San Francisco Bay Guardian  |  03-04-2008  8:28 am  |  Industry News

Bay Guardian/VVM Trial Goes to the Jurynew

The jury began deliberations on Friday and will resume this morning. Both the SF Weekly and the San Francisco Bay Guardian need nine of the 12 jurors to take their side in order to win the case. "Much like two candidates in the final days before an election, attacks from both sides are getting increasingly personal as a verdict nears," the San Francisco Chronicle reports. The daily says the trial has brought to light financial data that call into question whether the city can support two alt-weeklies at "a time when newspapers are consolidating to stay alive." Local blogger Randy Shaw agrees. "Maybe the San Francisco market can't support two alternative weeklies," he says. "It's likely, after the outcome of this court case, there might only be one left standing." For the most recent coverage, check out the trial blogs from the Guardian and the Weekly.
San Francisco Chronicle | SF Bay Guardian | SF Weekly  |  03-03-2008  8:26 am  |  Industry News

Closing Arguments in Bay Guardian/VVM Trial Set for Thursday

The last three witnesses took the stand yesterday in the Guardian's predatory pricing trial against SF Weekly and Village Voice Media. Guardian publisher and editor Bruce Brugmann and associate publisher Jean Dibble were brought back to the stand, this time by the Weekly's attorneys; they were followed by Bay Area publisher Bill Johnson, whose papers include AAN members the Palo Alto Weekly and Pacific Sun. The trial takes a day off today, and closing arguments begin Thursday morning. For more details, read the latest from the Weekly and the Bay Guardian.
SF Weekly | San Francisco Bay Guardian  |  02-27-2008  9:05 am  |  Industry News

Bay Guardian/VVM Trial Will Likely Go to the Jury This Week

The predatory pricing trial is winding down and it is now expected that the case will go to the jury either Tuesday or Wednesday (the trial takes a day off today). On Friday, the SF Weekly's expert CPA, Everett P. Harry, continued his testimony and Jeff Mars, Village Voice Media's vice president for financial operations, also took the stand. The Guardian says the Weekly's witnesses "make the Guardian's case," while the Weekly says the Guardian's lawyers were focusing on "imaginary evidence." Meanwhile, Editor & Publisher columnist Mark Fitzgerald checks in on the trial, and on the daily blog dispatches from each side, and finds that "the Guardian and SF Weekly are covering the trial with reports that are gleefully unconcerned about appearing objective, and recall the great newspaper feuds of yesteryear."
San Francisco Bay Guardian | SF Weekly | Editor & Publisher  |  02-25-2008  9:33 am  |  Industry News

Dueling CPAs Take the Stand at the Bay Guardian/VVM Trial

Bay Guardian expert CPA Clifford Kupperberg continued his testimony yesterday in the paper's predatory pricing trial against SF Weekly and Village Voice Media. The next witness was the Weekly's expert CPA, Everett P. Harry, who argued that Kupperberg's testimony was flawed. For more on the trial, check out these blog posts from the Weekly and the Bay Guardian and this week's editor's note from the Guardian. The trial resumes today.
SF Weekly | San Francisco Bay Guardian  |  02-22-2008  2:27 pm  |  Industry News

Michael Lacey Discusses Impending Lawsuitnew

As we reported yesterday, Lacey's Phoenix New Times is charging Maricopa County officials with violating his and Jim Larkin's constitutional rights, and with malicious prosecution, racketeering and conspiracy in conjunction with their October arrest for publishing the contents of a grand jury subpoena. "The critical question is: How do they get to the point where they believe that they have the right to arrest journalists in the middle of the night and subpoena the identity of the people that read our newspaper? They didn't get there overnight," the New Times founder and Village Voice Media executive editor tells the Arizona Republic. "They began by abusing prisoners, and there was a staircase escalation where they were never stopped."
The Arizona Republic  |  02-22-2008  10:05 am  |  Industry News

Bay Guardian Expert Testifies in VVM Trial

Damages expert Clifford Kupperberg continued his testimony on Wednesday in the Guardian's predatory pricing trial against SF Weekly and Village Voice Media. He put forth six "damage models," which estimated the financial toll on the Guardian by the Weekly's alleged below-cost sales at anywhere between $4 million to $11.8 million. For more details, check out the reports from the Bay Guardian and from the Weekly. The trial resumes today with continued cross-examination of Kupperberg.
San Francisco Bay Guardian | SF Weekly  |  02-21-2008  12:14 pm  |  Industry News

Phoenix New Times Files Prelude to Lawsuit in Grand Jury Probe Fiasconew

The paper yesterday filed a formal Notice of Claim against the officials responsible for the October blowup which ended with the paper's founders in jail. The notice, which is required by Arizona law to be filed before government officials can be sued, accuses the defendants of violating Michael Lacey's and Jim Larkin's constitutional rights, with malicious prosecution, racketeering and conspiracy. The paper is asking for $15 million in damages if the matter is settled before April 15. "If New Times is required to pursue litigation, the settlement demand will increase," the notice warns. "This is not a decision undertaken lightly," says Lacey. "But I feel like if we don't do something, it's an invitation for this kind of behavior to continue." The County Attorney's office, which is named in the claim, dismisses the legal maneuver as "frivolous," with a spokesman telling the Arizona Republic: "We are confident that it will be exposed as the bunk it is."
Phoenix New Times | The Arizona Republic  |  02-21-2008  8:20 am  |  Industry News

Two More Witnesses Testify in Bay Guardian/VVM Trial

SF Weekly publisher Josh Fromson took the stand on Friday and remained there until Tuesday (there was a day off on Monday for President's Day), and Bay Guardian expert witness Clifford Kupperberg also appeared before the court Tuesday. For more details, check out the reports from the Weekly, which says Kupperberg talked about "imaginary profits and damages," and the Guardian, which says Fromson "dodge[d] the facts."
SF Weekly | San Francisco Bay Guardian  |  02-20-2008  1:55 pm  |  Industry News

SF Weekly Expert Witnesses Testify in Bay Guardian/VVM Trial

Harvard Univ. economics professor Dr. Joseph Kalt and newspaper analyst John Morton testified on Village Voice Media's behalf on Thursday. Former SF Weekly publisher Troy Larkin also took the stand. SF Weekly reports on the testimony of Kalt, Morton and Larkin, while SFBG sticks with Kalt and Morton for now. The trial resumes today with the cross-examination of Larkin.
San Francisco Bay Guardian | SF Weekly  |  02-15-2008  1:31 pm  |  Industry News

Witnesses Continue Testimony in Bay Guardian/VVM Trial

The predatory pricing trial resumed yesterday after taking Tuesday off. Village Voice Media chief financial officer Keating finished his testimony, and three more witnesses were called: Jennifer Vernon from Live Nation (formerly Clear Channel Concerts); James Higginbotham of International Demographics, the company that runs Media Audit; and the SF Weekly's expert witness, economics professor Joseph P. Kalt. For more details, check out reports from the Guardian and the Weekly.
San Francisco Bay Guardian | SF Weekly  |  02-14-2008  2:00 pm  |  Industry News

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