Business
'South Park' dispute escalates as creators accuse Paramount's buyers of meddling
The team behind Comedy Central’s “South Park” raised allegations that Skydance Media and its associates overstepped their authority by meddling in Paramount Global’s business before they take control of the storied company.
The Los Angeles Times previously reported that negotiations over a “South Park” streaming deal have stalled amid Paramount’s protracted $8-billion sale to David Ellison’s Skydance Media. Skydance balked at a proposed $2-billion overall deal with “South Park” creators Trey Parker and Matt Stone, sources have said.
Federal securities laws forbid “gun-jumping,” a term that describes a company that exerts too much control over a business it is in the process of buying before the transaction closes. Under the terms of the merger deal, Paramount gave Skydance the ability to approve major deals while the sale is pending.
But this week, Park County — the business entity behind the long-running satirical cartoon — alleged that Ellison’s associates crossed the line by interfering with its negotiations with other companies.
In a series of letters, Park County questioned the conduct of Jeff Shell, a former NBCUniversal chief executive who is part of Ellison’s bidding team. Shell is a senior executive with RedBird Capital Partners, a private equity firm that is helping Skydance finance the Paramount deal.
In a Tuesday letter to RedBird’s general counsel, which was viewed by The Times, Park County’s lawyers accused Shell of committing “intrusive, unauthorized, and gun jumping misconduct” by inserting himself into the auction for “South Park” streaming rights and attempting to depress the show’s value.
The lawyers contended that “not one word” in the 160-page sale agreement between Skydance and Paramount authorized Skydance or Redbird to “intrude” into negotiations over “South Park” streaming deals.
“This misconduct is already causing destruction not only to the business of ‘South Park’… but also the productive decades-long relationship between artists and studio on an iconic show,” the lawyers wrote.
A spokeswoman for Skydance disputed misconduct by Shell, adding, “Any accusation that Jeff Shell tried to lower the price or devalue the franchise in any way is not only nonsensical but patently false.”
“Under the terms of the transaction agreement, Skydance has the right to approve material contracts,” the spokeswoman continued.
The dispute comes as the “South Park” creators work to line up a new streaming deal after its five-year pact with Warner Bros. Discovery’s Max service ended this week. Paramount wants to make the long-running Comedy Central show available on its Paramount+ platform. However, given the high cost of the show, Paramount wants to share the rights to the 333 episodes with another streaming service.
Knowledgeable people have said they expect “South Park” distribution fees to be valued at more than $200 million a year.
But Skydance hasn’t signed off, believing the deals to be too rich, according to multiple sources. Paramount executives think the show is worth the big bucks, given its enduring global popularity and legacy.
Park County has alleged Shell inserted himself into negotiations with two prospective partners: Netflix and Warner Bros. Discovery. Both have expressed interest in licensing the show.
Park County accused Shell of calling executives at those companies to lower their bids for “South Park,” which would deprive Parker, Stone and Paramount of a higher licensing fee.
Paramount owns half of a joint venture called South Park Digital Studios, which controls the streaming rights to the show. Stone and Parker control the other half of the venture that dates back to 2007.
“Mr. Shell’s proposed changes worsen the deal for South Park Digital Studios, and they appear to be designed to cheapen the business of Skydance Media’s acquisition target, Paramount Global,” Park County lawyer Joseph R. Taylor wrote in a Monday letter to Paramount executives.
“This misconduct is already causing destruction not only to the business of South Park through depressing offers for the [Subscription Video On Demand] rights, but also the productive decades-long relationship between artists and studio on an iconic show,” Taylor wrote. “Further misconduct of this nature will naturally force legal action.”
Two sources close to the matter said that Skydance has objected to the 10-year span of the proposed deals with Paramount+ and Max (soon to be renamed HBO Max) as well as the 10-year span for the overall deal with Parker and Stone. Skydance, the sources said, preferred five-year deals due to changes in the market.
Max’s current deal to stream “South Park” ended this week. However, due to the company’s interest in bidding for the rights, the episodes will remain on the service until a new deal can be worked out, said one person close to the company who was not authorized to speak publicly.
Paramount leaders want to lock down “South Park” streaming rights in the U.S. and abroad and were interested in extending Paramount’s $900-million overall deal with the “South Park” creators to guarantee the production of new episodes. But that deal doesn’t expire for another two years, and Skydance executives don’t want to extend that deal before they take control of Paramount, according to sources.
New episodes run first on Paramount’s basic cable network Comedy Central.
“South Park” is one of Paramount’s most important TV franchises. Along with “The Daily Show” with Jon Stewart, the four boys from the fictional Colorado hamlet of South Park put Comedy Central on the map for basic cable viewers.
During a May earnings call, Paramount co-Chief Executive Chris McCarthy — who runs Paramount’s media networks as well as Showtime and MTV Entertainment Studios — told investors that “South Park” episodes would begin streaming on Paramount+ in July, although that deal has not been nailed down.
Business
Orange County real estate investor pleads not guilty in $100 million bank fraud case
An Orange County real estate investor accused of criminally defrauding an Arizona bank of nearly $100 million pleaded not guilty Monday and remains in custody.
Mahender Makhijani, 44, of Corona del Mar — who also was ordered by an arbitrator to pay $1.34 billion in a separate civil fraud case — was arraigned in Santa Ana federal court on two charges.
He is accused of bank fraud and making a false statement to a bank in a June 8 case involving a $100 million real estate loan made by Phoenix-based Western Alliance Bank. He was taken into custody on June 10.
Makhijani is accused of providing bogus collateral for the October 2024 loan now in default. In a civil lawsuit, Western Alliance said the outstanding balance as nearly $99 million.
Prosecutors say he falsified title insurance policies that showed the bank would have a first lien on the underlying collateral if the loan went bad, when in fact it did not.
A trial was set for August 11 before U.S. District Judge David O. Carter in Santa Ana.
Michael Schachter, his criminal defense attorney, did not respond to messages seeking comment.
In the civil case, an arbitrator in May ordered Makhijani to pay Laguna Beach real estate mogul Mohammad Honarkar $1.34 billion after ruling he had fraudulently induced him into a 2021 joint venture — and then wrested control and lost to creditors more than two dozen properties Honarkar had owned.
Makhijani has not been criminally charged in that case, but prosecutors alleged in an affidavit in support of the bank fraud charges that he used “force and threats” in his dealings with Honarkar and others — including taking over the landmark Hotel Laguna in 2023 that Honarkar was renovating.
Prosecutors sought to hold Makhijani without bail after his arrest.
The affidavit noted he is a legal Indian immigrant with a home and bank accounts in that country, has access to private jets and threatened to “run away” if caught in a difficult situation.
The request was denied and he was granted $500,000 bail.
However, Makhijani remains in custody after a hearing sought by prosecutors last month before Magistrate Judge Autumn Spaeth.
The judge declined to accept a $450,000 cashier’s check submitted by a Makhijani associate for the bail, finding insufficient proof the source of the funds was legitimate, according to court records.
Makhijani is not prominent outside Orange County real estate circles, but he established a thriving distressed-assets business over the last decade that attracted prominent Southern California real estate investors.
Prosecutors said it paid for a lifestyle that included two multimillion-dollar homes in Corona del Mar, a luxury apartment in Newport Beach and various luxury vehicles.
As of last month, prosecutors had not fully traced his assets, which they believe are not held in his name and some of which may be in India.
The businessman employed an array of shell companies and strawmen to sign documents on his behalf, and to stand in for him as operators of his companies, according to the affidavit.
Makhijani told an associate he took extra precautions because wanted to insulate himself from litigation and that “they were sharks in the distressed world who took advantage of people,” the affidavit stated.
Business
Many indie festival films struggle to get distribution. Alamo Drafthouse is trying to change that
Dine-in movie theater chain Alamo Drafthouse Cinema is launching a new initiative to show unreleased independent films that had successful festival runs, a move that comes as specialty films have struggled to gain distribution.
The Alamo Exclusives program, announced Wednesday, will give limited theatrical runs to films that showed at festivals including Sundance, the Toronto International Film Festival, Tribeca Festival and South by Southwest festival, as well as Alamo’s own Fantastic Fest.
The idea is to help showcase films that received critical acclaim, but did not secure distribution or acquisition deals. The chain will not acquire these films, but instead will enter into agreements with filmmakers to exhibit their films on Alamo Drafthouse screens. By showing these films to audiences on the big screen, these films could get the momentum they need for further opportunities.
The program’s first film will be the documentary “Butthole Surfers: The Hole Truth and Nothing Butt,” which debuted last year at South by Southwest and chronicles the history of the punk rock band.
The film will be shown in Alamo Drafthouse theaters for a limited time later this summer.
The Austin-based chain, which is owned by Sony Pictures, has a long history of curating indie films for its audiences, giving Alamo Drafthouse confidence that its viewers want to see these kinds of movies, company chief executive Michael Kustermann said in a statement.
“Time and again, they’ve shown they’ll come out to support bold, original films when given the opportunity,” he said. The new Alamo Exclusives “gives us another way to champion filmmaker-driven films that deserve to be discovered and connect them with the wider Alamo Drafthouse audience.”
The initiative comes at a difficult time for indie films. Since the pandemic upended the movie business, traditional studios and distributors have had less appetite for risk, including betting on smaller indie films out of festivals.
And as the 2023 dual writers’ and actors’ strikes thinned out theatrical lineups, that aversion to uncertainty became a push for reliable and profitable hits.
“Too many incredible films premiere at festivals and then never receive the theatrical life they deserve,” Lisa Dreyer, director of Fantastic Fest and film innovation at Alamo, said in a statement. “We are actively searching for films across all genres, from horror to comedy, to everything in-between, to champion in this new, exciting way.”
Business
FDA escalates recall of Utz brand potato chips before July Fourth holiday
The recall of a popular chip brand over salmonella concerns was recently upgraded to the U.S. Food and Drug Administration’s highest level, just ahead of the Fourth of July holiday and countless backyard barbecues.
On June 24, the FDA designated the recall of several varieties of Zapp’s and Dirty brand potato chips as Class I, meaning it’s “a situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death.”
FDA has classified the following items as Class I:
Zapp’s
- 1.5-ounce Zapp’s Bayou Blackened Ranch Kettle Chips
- 2.5- and 8-ounce Zapp’s Bayou Blackened Ranch Potato Chips
- 1.5- and 8-ounce Zapp’s Big Cheezy Potato Chips
Dirty
- 1.5- and 2-ounce Dirty Brand Salt and Vinegar Potato Chips
- 2-ounce Dirty Maui Onion Chips
- 2-ounce Dirty Sour Cream and Onion Potato Chips
The chips are produced by Utz Quality Foods, LLC, which on April 28 issued a recall after learning “that a seasoning containing dry milk powder, sourced from California Dairies, Inc. and supplied by a third-party supplier, may contain the presence of Salmonella.”
Salmonella can lead to sometimes deadly infections in elderly people, young children and those with weakened immune systems, according to the FDA.
More than 680,000 bags are included in the recall.
Anyone who has these products should not eat them and should discard them immediately.
What to look for
Salmonella is a foodborne illness that can be fatal to young children, pregnant women, older adults and people with weakened immune systems, according to the National Institutes of Health.
Symptoms may develop 12 to 72 hours after infection, according to the FDA.
The FDA said that people with strong immune systems infected with salmonella may experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. The illness can last four to seven days.
In rare cases, the infection may produce more severe illnesses such as arterial infections, endocarditis and arthritis, the agency added.
What to do if infected
If you contract salmonella, the Centers for Disease Control and Prevention recommends drinking plenty of fluids to prevent dehydration.
The CDC advises consulting a doctor before taking antidiarrheal medicine or antibiotics. If severe symptoms continue after two days, seek medical help, the agency says.
Because those with diarrhea can spread salmonella to others, it’s also recommended to avoid sharing food or preparing meals for others, sexual contact and swimming in public pools, and to stay home while sick.
Times staff writer Jasmine Mendez contributed to this report.
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