• 9 months ago
In this riveting YouTube video, join us as a real lawyer delves into the shocking and disturbing allegations surrounding Ex WWE Chairman & CEO and EX-Executive Chairman TKO Group Holdings (TKO). , Vince McMahon. This legal expert will provide a thorough breakdown of the allegations, offering insights into the potential legal implications and shedding light on the complexities surrounding the case.
https://www.youtube.com/@UCGmlC82kiQslgiUMljCx6Tw breaks down the case
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Transcript
00:00 This is a civil case and these are civil allegations brought in a civil complaint.
00:05 They sound criminal, right? There's something in these allegations that resemble criminal
00:11 sexual assault, sex trafficking and other allegations in that world.
00:24 My name is Dmitry Shakhnovich. I'm a criminal and civil litigation lawyer here in New York City.
00:30 And beyond that, I also run a YouTube channel if you're interested in legal opinions,
00:38 interviews with other folks in the legal space. In terms of the accusations levied against Vince
00:43 McMahon, this is a federal lawsuit brought by somebody who was formerly associated with the
00:50 WWE in some capacity of employment, claiming that Vince McMahon had effectively created an
00:57 environment of sex trafficking and other allegations that involve that kind of conduct
01:06 that is degrading, demeaning and for lack of a better word, horrifying.
01:12 If you look at some of the text messages and the lawsuit involves an NDA that was signed
01:19 by this woman who had not had some of the funds paid out under the NDA and is now suing, claiming
01:28 all of these allegations took place involving Vince McMahon and other folks within the WWE world.
01:36 And the lawsuit had just started. So there is no discovery. There is no evidence really in the case
01:43 that positions have not taken place. Testimony has not taken place. But those are in some
01:49 and substance the allegations. So this is not a criminal case. This is a civil case.
02:01 So in civil cases, there is no sentencing, right? Sentencing only happens in a criminal case upon
02:06 conviction. In civil cases, there is a verdict on liability and then a verdict on damages in some
02:13 form or another. Because in civil cases, you sue for money. You do not sue for anything resembling
02:21 lack of freedom or the taking away of liberty that is in our system of justice, something that's
02:27 reserved for the criminal courts. So if Vince McMahon drafted NDAs, prepared NDAs, had employees
02:44 sign NDAs in violation of his agreement with WWE or any parent companies or other related companies,
02:53 then he could be held potentially liable for that. But that is an issue between him and that entity.
02:59 It is not at least directly related to these allegations. Now, the victim in this case tries
03:07 to bring in one of these parent companies or other companies. And it turns out that they knew nothing
03:12 about this and the NDA had nothing to do with them. They could possibly claim that Vince McMahon was
03:18 an agent acting outside of his authority and therefore their liability is limited. So that's
03:24 a possibility. But that's really further exposure for Vince McMahon if that's the case.
03:29 So an NDA is a contract. Generally, contracts must fit certain parameters in order to be deemed
03:42 enforceable. There has to be consideration going both ways. It has to not be illegal.
03:47 There are a million provisions that dictate enforceability of contracts. And if an NDA
03:53 is in violation of one of those rules of law,
03:56 then it will not be deemed enforceable. And so that is the issue with the NDA.
04:00 So it depends. Again, this is not a criminal case. This isn't a criminal conspiracy.
04:16 So you won't have a position here where one of the co-defendants quote unquote flips and
04:23 cooperates with the government. Right. That doesn't really happen here. That's more for
04:26 a criminal case. In a civil case, if John Laurinaitis is ever found liable for anything,
04:34 then he can bring in Vince McMahon or try to assert that Vince McMahon is partially liable
04:40 for some of those the conduct that is described in those allegations. But this is not a criminal
04:44 case. They can't flip co-defendants. But there can be testimony given by John Laurinaitis
04:50 against Vince McMahon. And of course, if that's the case, that would be her.
04:53 So that's the main question in this case, right? Because while this is a civil case
05:03 and these are civil allegations brought in a civil complaint, they sound criminal,
05:09 right? There's something in these allegations that resemble criminal sexual assault.
05:14 Trafficking and other allegations in that world. And if federal authorities find the need to charge
05:24 Vince McMahon because they see that there is probable cause for a crime that was committed,
05:30 then they will do that. And of course, to file a civil lawsuit, it's not difficult. You have to
05:36 hire a lawyer who you would hope is acting ethically and prepares and files a non-frivolous complaint.
05:42 And that's really all you need. Then there's service and discovery and things of that nature.
05:46 The government is very different. A civilian cannot force the government to file a criminal
05:52 case or to investigate or do anything, really. They can act as witnesses, they can file reports,
05:58 they can make complaints, but that's all they can do. And the government has to decide whether or
06:02 not there is probable cause to arrest somebody for a crime. And in a case like this, the government
06:09 will surely dot its I's and cross its T's because it knows that Vince McMahon will defend himself,
06:15 will hire high-powered lawyers and expensive investigators and things of that nature.
06:19 And so it's possible, but let's not forget that even if Vince McMahon was arrested and
06:26 charged and indicted for a crime, he would still have the presumption of innocence in his favor.
06:31 He is entitled to that presumption. He will rely on that presumption. And in this case,
06:36 he hasn't even been arrested and we don't even know if he's being investigated.
06:40 And it's important for us to keep that in mind.
06:42 So that's possible, right? If more women come forward and file lawsuits, then it's possible
06:56 that the allegations in one lawsuit may be used in another lawsuit. It also may further incentivize
07:03 criminal authorities to pursue Vince McMahon because they may have stronger cases that rely
07:09 on more than one victim. So for sure, it would not be a good thing if further lawsuits are filed.
07:15 Doesn't mean that he would be liable for anything. It's not necessarily something that would lead to
07:23 an automatic determination of wrongdoing, but of course it's not good, particularly if there
07:28 are similarities in the allegations, because then there's a real good argument in the law
07:33 that you can bring in some claims into other lawsuits to bolster them effectively.
07:40 And that would be problematic.
07:42 So it's possible, right? Again, if there can be some showing that he wasn't just an independent
07:59 agent acting effectively in such a way that intentionally victimized people without their
08:06 knowledge entirely, there may be some vicarious liability there. But it's very hard to hold
08:13 vicariously liable an entity for intentional acts, particularly such horrifying intentional
08:21 acts as these, because you would have to show in some way that there was some connection between
08:27 his employment and those acts in such a way that the higher-ups may have known about it.
08:31 But if it was pervasive, if other employees were involved, if other involved parties had taken
08:39 part, then you may have a stronger case. It depends on who they were. It depends on their
08:43 duties in the company. It depends on what the internal processes and procedures are for these
08:50 things. But it's certainly possible that a claim could be made out that a hostile environment was
08:57 created and other folks knew about it. Thank you so much for joining me, everybody. I hope
09:02 some of this information was informative and some of this information helped to have folks digest
09:09 what are very difficult allegations and what are difficult processes in the law to understand.
09:16 Please visit SportskeedaWrestling.com. And if you'd like to find me, again, my YouTube channel
09:21 is youtube.com/dshaklaw. Reach out on social media or through email. Please feel free. I'll
09:27 be happy to talk to anybody.

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