Behind-The-Scenes Footage Could Haunt Blake Lively As Deposition Gets Underway

Yahoo

5 days ago

's long-awaited deposition in her lawsuit against is officially underway, and legal experts say it could be a turning point in the high-profile battle between the "Gossip Girl" alum and her "It Ends With Us" co-star.
The actress first filed her complaint in December, alleging sexual harassment, retaliation, intentional infliction of emotional distress, negligence, and more against Baldoni and film producer Jamey Heath.
Blake Lively's case, originally submitted to the California Civil Rights Department, has since moved to federal court.
Justin Baldoni's Team Ready To Grill Blake Lively Over Harassment Allegations
According to Fox News Digital, Baldoni's legal team plans to zero in on behind-the-scenes footage showing Lively 'flirting' and 'joking' with Baldoni during filming. Attorneys suggest the clips could be used to undermine her accusations that she felt uncomfortable and harassed on set.
'Baldoni's team wants to get admissions from her about the weaknesses in her case and information to support Baldoni's defenses,' employment and defamation attorney Camron Dowlatshahi explained.
'For example, they will likely do a deep dive into the videos of her joking and flirting with Baldoni and get her to admit that she was doing so, instead of purportedly feeling uncomfortable, as her representation has claimed," he added.
Why The Deposition Matters
Lively's testimony is considered Baldoni's 'one opportunity' to lock in her account under oath.
'This is Baldoni's one opportunity to ask Ms. Lively questions under oath, to lock in her testimony, get her to admit things that are helpful to his case and challenge testimony that helps her case,' entertainment lawyer Tre Lovell told Fox News Digital. 'It's also an opportunity to get her to authenticate and lay a foundation for documents and information that Baldoni wishes to introduce at trial.'
At the same time, Lively's deposition could help her bolster her claims by offering specific examples of Baldoni's alleged misconduct or identifying witnesses who may corroborate her version of events.
Blake Lively Wins Protective Order To Control Deposition Setting In Harassment Lawsuit
Judge Lewis Liman granted Lively a protective order earlier this month, allowing her to choose the deposition location and limiting Baldoni's team's ability to turn the proceedings into a media spectacle.
Lively's legal team maintained that the protections were necessary to ensure a fair process and to prevent the deposition from turning into a media circus amid the widespread public scrutiny of the case.
The deposition was initially scheduled for July 17 but was postponed at the last minute, eventually being rescheduled for July 31.
Former Prosecutor Says Baldoni's Team Will Target 'Inconsistencies' In Lively's Testimony
Former federal prosecutor Neama Rahmani noted that Baldoni's lawyers will likely scrutinize Lively's testimony for any 'inconsistencies' with her written complaint.
'Depositions can generally reveal inconsistencies, create impeachment evidence for testimony at trial, and uncover facts that support Baldoni's arguments in the lawsuit,' Rahmani said. 'In this case specifically, Baldoni's lawyers want admissions from Lively about decision-making authority under their agreement and who has creative control or communications with third parties that may undermine her sexual harassment claims."
He added, "Lively's text messages and prior statements may be used to attack her argument that Baldoni created a sexually charged workplace and hostile work environment.'
Blake Lively Braced With Rigorous Training From Her Lawyers Before High-Stakes Deposition
According to legal experts, Lively's team almost certainly put her through rigorous prep sessions before facing questioning.
Dowlatshahi told the news outlet that "they will explain to her the typical objections lodged by the other side, such as privilege, vagueness, ambiguity and speculation and how those objections can cue her responses."
Meaning, by the time she is placed under oath, she will have "likely gone through hours of mock questioning from her lawyers," though, even with the preparation, "the pressure from competent counsel can be difficult for any deponent."
"The most important rule in depositions is to answer the question truthfully, but only the question and nothing more," Rahmani told Fox News Digital.
With both sides prepared for a grueling legal battle, today's deposition marks a pivotal moment, one that could define how the case plays out in court and in the public eye.
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