Emily D. Baker
Appearances
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Emily, welcome back to the show. Thank you for having me. I'm glad to be back.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
I know it's been a good holidays. I tried to take a break and then lawyers are filing lawsuits on Christmas Eve. Merry Christmas to everyone but them.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
I mean, it's it's quite a lot between the lively complaint and then the Stephanie Johnson complaint. You've got a lot of receipts in these complaints, which the lawyers clearly took their time to go through celebrate extractions. The. Text messages are formatted like they came from a cell phone extraction, which we later learned that they did.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
But with the Blake Lively complaint, that is not a lawsuit yet. I've seen a lot of confusion about that. It is a complaint filed in California with their civil rights division, which is a necessary step before you can bring a complaint. for workplace harassment. So this is a necessary first step.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
People, I've seen a lot of chatter in my comments, in my DMs, people saying, well, if this had all the receipts, why not just file it as a lawsuit? Well, you can't until it goes through that process because it is a workplace lawsuit. And I think that's really the best place to start is the misunderstanding of well, if it had all these receipts, why not just go ahead and file it?
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Well, because you can't for the type of litigation that it is. And that is a workplace harassment.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So whether they want to file in federal court or in Los Angeles Superior Court, they have to go through this first and either go through an investigation with the California Department of Civil Rights, or they have to go and get a right to sue letter, which means the California Department's not going to investigate. And then they get a letter saying, go ahead and sue.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And then they can go ahead and-
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It's such a great question. Once things are filed in the court system, then they're accessible. And you'll see this in New York where sometimes you'll see a complaint that has a bunch of red text on it saying that it hasn't even been approved by the clerk yet. The public can still search those. This complaint was filed with the Civil Rights Board. That's an administrative action.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Those aren't public and searchable. We have it as a public because the New York Times chose to link the entire lawsuit. So the New York Times had it and they chose to link it. But you can't go to a court website right now and find this because it hasn't been filed in court yet. So no, it's not public. It was given to the New York Times.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Yes, it was. It was incredibly hard to find. And that's because the New York Times had it. And this is not uncommon. We saw this in the Britney Spears conservatorship all the time where TMZ had things before they hit the court website and before opposing counsel even had them. So is this anything new? No, not at all.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
This happens all the time that somebody has it ahead of it hitting the public docket.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
I mean, this is actually pretty fast because a lot of what's being complained of is the PR campaign as the movie was launching in August. So we're not really that far away from what happened during the PR push for this movie. And if you look at all of the text messages, not only does that take time to extract a phone, but it also takes time to dig through sometimes text.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Tens of thousands, if not hundreds of thousands of text messages. And from the subsequent complaint with Jonesworks, the PR company, we learned that that cell phone extraction was from a work phone from a active working publicist. So if that's a work phone, you can only imagine how many text messages we're talking about.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
that they were digging through to make sure that A, they understood everything, and B, they had all the information. So in the scheme of litigation, this is pretty fast. And with Blake Lively's complaint, there was an entire HR process that happened before This movie even released to the public.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So that HR process was going on before the movie resumed filming after the writer's strike and the SAG strike. So there was that entire PR or HR process. And then... They finished filming and then the movie got released and then there were further problems. And then this started getting investigated. So it was complained about in proper channels and in proper course, but not publicly.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It seems that the reason that the lawsuit came about is because the internet was like, hey, it's kind of weird that y'all aren't in pictures together. And then that caused all of this to spiral out, or at least that's what it seems like to me.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
There's a couple options, but since we have the JonesWorks lawsuit that was filed Christmas Eve in New York, we know that they said they were subpoenaed and then gave them over.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
However, if you are employed and you have a work phone, your employer, depending on what your employment contract says, can extract your phone and give those to people, whether or not there's a subpoena, depending on what your employment agreement says and depending on where you live, of course. But that's not your property. That's your employer's property.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
If your employer wants to go through and read all your emails, they can go through and read all your emails. But there are a lot of processes in different courts, and California is one of them, where before there's even a public lawsuit, you can still get legal subpoenas. And we saw the lawyer for Baldoni and others say, well, my clients weren't subpoenaed.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Well, right, because the employer is the one who turned over the text messages and is now also suing, which they can do. Like your work stuff isn't private. Interesting.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Yes. So Jones' work and Stephanie Jones employed Jennifer Abel and then Jennifer Abel brought in that other PR crisis manager.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Right. And so we've got what seems to be Jennifer Abel's phone and probably emails as well, because in the complaint with Blake Lively, it looked like there were some emails pulled as well.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So her employer would have gone through all of that and pulled all of her emails, all of her delete history, all the rest of it, because Jonesworks seems to be a company of enough size that they have an IT department or an IT person that's doing all of that for them.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It happens quite often. I covered the Alec Murdoch case out of South Carolina quite a lot. And when news agencies did a Freedom of Information Act request for the court clerk who is in the middle of all kinds of mess for what she was doing, all of the stuff she was up to was in her publicly available emails because she's a government employee.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So all the stuff she's emailing back and forth and jurors' cell phone numbers and Nancy Grace's cell phone number and all of this other stuff, she's emailing back and forth from an email that can be FOIA requested. It's wild. People don't think that their employers will actually get their emails. They will, and they probably also have AI programs that are tracking keywords too.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So yeah, your work emails aren't private ever. Oh.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
One of the biggest things is people still think that it's a lawsuit. Not all the press is accurate in that and talking about the process, but also not a lot of the press, especially the non-legal coverage of it, doesn't talk about the fact that this is a necessary step before you can sue. Like this isn't a, oh, it'd be nice if this is a, you must do this.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Or if you bring a lawsuit, it'll just get thrown out if you haven't obtained that right to sue letter. And I haven't seen a lot of people talking about what a really an interesting employment lawsuit this is, which I realize saying it out loud is a deeply nerdy thing to say, but employment litigation is incredibly interesting. In California, it's very employee-friendly.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
In this situation, Blake Lively is the employee, and Really, she's suing for workplace retaliation. They cover the allegations of sexual harassment a lot, but this is really at the heart a retaliation lawsuit where Blake Lively went to HR, had HR meetings and said, hey, it's not
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Okay with me if people just walk into my trailer while I'm nursing and hey, it's not okay with me if people are all on set for scenes that are sex scenes or where there's nudity, which is incredibly common that those are closed sets.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Hey, it's not okay with me that people want to be in here while I'm having body makeup put on or removed, you know, really reasonable boundaries that happen on movie sets all the time. But the PR campaign after that is being alleged as workplace retaliation for going to HR.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Absolutely. We're using retaliation in the very legal sense of the term because retaliation is actually the cause of action in California. If you go to HR and say, hey, this is happening in the workplace, and then you turn around and get fired, that's kind of your classic case of workplace retaliation. You complained against something and then you were the one punished for it.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So Blake Lively is alleging she brought up issues in the workplace and then she was the one punished for it, but in a very Hollywood blacklisty kind of a way with a PR smear campaign. It's not a, we're going to fire you from this movie, but we're going to damage your reputation. And it seems to me from the lawsuit, and this is, my opinion, twofold. We're going to damage you so you're untouchable.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So you can't host Saturday Night Live. So you can't go meet with Target about your, you know, brands. And we're going to damage your reputation enough that if you voice these complaints about the work environment on set, no one will believe you, which is really the most nefarious part of all of this. It's not discussed quite a lot is damage her reputation enough that
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
if these allegations ever came forward, she wouldn't be believed because people would be like, yeah, but we hate Blake Lively, which is wild and also seems to have worked.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Yeah, no, and not just the internet, but also traditional media outlets that would normally cover allegations of something going on on set. Social media raised the red flags like, hey, isn't it weird that the author of the book who sold the rights to the book to Jason Baldoni and Wayfarer isn't with him on any of the press? What happened?
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Hey, Blake Lively and the rest of the cast aren't with the producer of the film. And then they really spun that narrative that, oh, well, he doesn't agree with the way they're promoting it. which wasn't their plan, was Sony's plan because Sony was the distributor. Did that plan go well? No. Is that Sony's plan that they were contractually obligated to fulfill? Yes. And that's in the lawsuit too.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So I think the lawsuit from Blake Lively or the complaint, I'm going to use the words interchangeably because my brain is so lawsuit oriented, but the complaint from Blake Lively lays out that this was Sony's marketing plan, which I think was kind of affirmative PR on Lively's side showing, hey,
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
The narrative was Justin Baldoni didn't agree with the way that they were marketing the movie, but that's not even factual because this was the Sony marketing plan. This wasn't rogue or unheard of or unknown to him. This was the marketing plan from the distributor of the film from the get-go. He spun the narrative that, oh, I just, I don't want to be associated.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
They're treating it too lightheartedly, which I do think was a fail on Sony's part, but that's not necessarily the issue of the cast necessarily.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Well, the lawsuit is written to leave a picture. And again, the lawsuit, I always say lawsuits are allegations and shade. And again, complaint interchangeably, I think this will be a lawsuit soon. I think once we are out of the holidays, the California Civil Rights Division is going to be like, you go sue. We want nothing to do with this. Enjoy that.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And I think we'll see this get filed in the new year in the courts in California. But government agencies are on that weird, we don't know what day it is and we're quasi working right now. So that's not going to happen until,
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
the new year but it's written to really say they went after destroying her reputation so she wouldn't be believed about sexual harassment in the workplace like it really is a oh well we think the internet doesn't want to believe women in the first place and let's let's let's double down on that that's our pr strategy let's say that she weaponizes feminism and that she and her husband are incredibly powerful but
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
When we talk about that campaign with Sony, it seems to me, and you guys would probably know better than I would, that he would be in the best position to have input in the marketing plan as the person who owns the rights to the story in the first place and is producing it and is directing it.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It seems that he was in the position to change the direction of marketing vis-a-vis Blake Lively, who, though probably more powerful in Hollywood, I don't know if her input would have been as well taken on that with Sony as his would. So it seemed that he could have had that off at the beginning.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
That everything was in text messages.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
That everything was in text messages. And I don't look, people are going to say the text messages are altered. If they are, it will come out in the wash because all of this is going to get heavily litigated. We're going to see lawyers in the media throwing mud at one another. And we've seen a number of PR professionals and crisis PR professionals thrown into the middle of this.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
None of their clients can be happy that their names are in the news. Like nobody who works with PR, I would imagine, wants their PR to be the story. I imagine PR doesn't want them to be the story.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
In the spotlight, you know?
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Yeah, right? And it's all very carefully crafted. It's the thumbnail. It's the thumbnail photo. It's the shady thumbnail photo. The media crafted it first. YouTubers just stole it.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Two things can be true. If Blake Lively was rude in interviews or if people interpreted it as rude in interviews and, you know, press junket days and had not great interviews, it doesn't mean she wasn't harassed in the workplace. And you can't harass somebody in the workplace because they've ever been rude.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
I'm sure everybody in the world has been rude at some point in their life, whether that's been on camera or not is different. But we all have less than great days. But that doesn't excuse or forgive what happened. But the internet went that direction with, yeah, but maybe don't be rude.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And the text messages in the lawsuit, it was, yeah, I kind of hate how much the internet just wants to shit on women. And then the last one was, yeah, but maybe don't be a see you next Tuesday, though. And so even the PR company or the PR agents that are being sued were like, yeah, but... It's fine with us because, like, you know, she deserved it was basically what those text messages were saying.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And that's pretty awful. And when we saw the second lawsuit, you saw that even more because the second lawsuit took every opportunity because lawyers are shady AF and we love gossip. Like lawyers love nothing more than gossip. And the second lawsuit from Jones Work PR has all the tea.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
But put in all those text messages of how much the PR agents that are being sued in both lawsuits dislike Justin Baldoni. It's all in there. They don't like him at all and they don't really care. They're like, this is our client. This is our job.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It's hard because the way our court system works is that when you're the one suing or in a criminal case, when you're the one making the complaint or when something happened to you, you are the one it feels like on trial. And we've seen this in any high profile trial you watch, you will see that people are picked apart.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Everything they've ever said, every text message, it is part of how our court system works. And I think the broader society has kind of taken that on in questioning some people and not questioning others. And I think there's a difference between questioning circumstances and discounting what somebody is saying happened. But the court system is so adversarial, it makes it
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
really difficult for people to sort out the two and that two things can be true at once, especially in civil litigation. And that's because in most civil litigation, you have apportioned liability. So if you're looking at a car accident and somebody's going through a yellow and somebody else makes a turn, lawyers are going to be like, this is a terrible analogy, but you can apportion fault.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Like who's 51% more at fault? So our civil litigation system is very much set up to be like, okay, what did you do? What did you do? And how did we get here? But that doesn't always work cleanly in employment litigation when you're dealing with allegations of sexual harassment. It's not, what did you do? What did you do? How did we get here? It's what happened?
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Did you go through the proper forms to complain? And then where are we? So it's difficult because when people come forward, they aren't ever going to be perfect because no one is perfect. How they express themselves in court is going to be what matters the most.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
But at the DA's office in LA, we often talked about with juries, look, if you have a crime that happens in hell, your witnesses aren't angels. Like that was the kind of the core principle. If you have these horrible things happening in these horrible situations, the people who are also there have their own stuff going on. It doesn't mean they didn't see what they saw.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Undertaking civil litigation is not easy for anyone and often the winners are the lawyers because they walk away with the most money. So if like at the most basic question I've seen around the Internet is what if these text messages are fake?
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Well, if lawyers put forth fake text messages in a complaint to the court, they can face substantial action against them because you have a duty of candor to the court under your license. Now, with all the Tom Girardi stuff, we've seen how seriously California may or may not take some of that, but they tell all the peon lawyers that you will be disbarred.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So you can't put fake information into a complaint into court. This complaint is going to the California Department of Civil Rights, but you still can't lie to them. So sometimes you will see lawyers say on information and belief, meaning this is what my client has told me, and we're waiting to verify it. So you will see that language in lawsuits.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
But you have to have, and anyone who's seen Legally Blonde more than once, and haven't we all, it has to have a reasonable belief that there's evidentiary support for the complaint. So you're putting it forward saying, I believe these things to be true. If at the end of the day this gets filed as a lawsuit, which I think it will, then there will be motions to dismiss.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And then the judge will start to evaluate it. And then there will be motions for summary judgment. And those have a lot more information behind them after discovery. But what Blake Lively is opening herself up to by filing this is mutual discovery. So not just...
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
what was going on for Justin Baldoni and potentially with his phone records and emails between all of the co-defendants, the PR company, Wayfarer Studios, but her as well. The discovery goes both ways. She'll be sitting for a deposition. Ryan Reynolds probably will too because he was at that HR meeting.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And everyone else at that meeting, and we saw the 30-point request from that HR meeting, everyone else at that meeting is going to be dragged into depositions as well. So now... Blake Lively and her lawyers would have sat down and said, okay, these are all the people that are going to be deposed.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
The head of Sony Studios, if they were involved in the HR, everyone from Wayfair, everyone on set that was part of this HR meeting and more.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Yes. So if you're not going to have support in the workplace, this lawsuit will make it worse. If you have a lot of support, people are going to say, no, we absolutely support you. Depose me. Let's go. I'm happy to tell them my side. So it really depends on the positioning. And since this lawsuit dropped, so many have come forward in support of Blake Lively.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
I've not seen – and if I'm missing it, it's been the holidays, so please let me know – I've not seen a ton of people coming forward in support of Baldoni. I've seen his podcast co-host leave. I've seen his agency drop him. I've not seen a lot of people say, I don't believe this about him, which when stuff comes up, you will often see people supporting both sides.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And we're at a very much an imbalance here of where the support is leaning from those that were on set and from those that know Blake Lively as well.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Absolutely. And they would have had not only extensive conversations with her about how invasive this process will be. I don't follow. I follow celebrities once they end up in lawsuits, but I don't follow broader celebrity culture as much because the lawsuits have been so busy over the last four years. But Blake Lively and Ryan Reynolds strike me as fairly private Hollywood personalities.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
They don't seem to put a ton of their life on display. It seems that they allow glimpses when they're doing stuff, but kind of keep their kids offline. They're not constantly being photographed by paparazzi. They seem to be protective of their privacy. This is the opposite of that to the extreme. So this is a very invasive process that she has the opportunity to choose.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
go forward and sue or don't she might have felt like she didn't have a choice because otherwise the narrative would just keep running and she wouldn't be able to promote her brands and work but she can choose to sue or not and it's going to get incredibly invasive for all the parties involved what i will say is because this is an employment lawsuit we saw or will be in this complaint we saw the breakdown of that hr meeting there were a ton of people involved
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So that HR meeting that happened before they resumed filming would have been well documented and well attended. And I imagine there are probably emails surrounding what it looks like to resume filming with tons of people. And the lawyers would have reviewed all that saying, yes, you had been raising these red flags. Yes, these other people had been raising these red flags.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
They would have pulled all of that from Blake Lively and anyone who would choose to disclose that. If other members of the cast had made HR complaints, they probably have all that before they even brought this lawsuit. And those things in companies that are very large working on sets are going to be really well documented.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
This is not something you undertake lightly. And Justin's attorney, who is also a pit bull in his own right, definitely leaned into the narrative that's already existing about Blake Lively and just continued to lean into that PR playbook. But Brian Friedman works regularly with Mark Garagas. You've seen his name come up in the Bravo reality reckoning.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
He's involved in a lot of those lawsuits with Rachel Levis in that lawsuit against Tom and Ariana. So he is well-versed with Hollywood, and he is definitely a lawyer that is going to fight in your corner But that's not to say Blake Lively's lawyers aren't. And when we look at Stephanie Jones and the Joneswork lawsuit, she brought in Quinn Emanuel, who as a law firm has absolutely no chill at all.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
They are currently representing Jay-Z in New York and other things. So we're talking about very powerful law firms that are just going to go all out with each other. So thinking that this is going to be easy is not accurate. It's not easy. It's not fun. A lot of people choose not to bring civil lawsuits because of how invasive it is. And even if they have conversations with lawyers,
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
they often decide not to pursue it because it's more worth it to just let it go. It's the same, unfortunately, with criminal prosecutions. A lot of people will sit down with police or prosecutors and talk about what the process is like and say, you know what, at the end of the day, I'd rather just try to move on. And so... This is going to be a very invasive process for everybody.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And I don't think that any side is going to settle because too much is on the table now. There's way too much out there for Baldoni to turn around and want to settle. And I don't know if Blake Lively would want to and has the money to choose not to.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It means that she had tried to resolve this short of having an all-hands HR meeting to me. And they had said, no, it's fine. No, it's fine. No, we're not going to do that. So it seems like she didn't immediately escalate this to a all-hands, I'm not going to resume filming until we have an HR meeting. It seems that she tried to say, hey...
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
and this is, again, my interpretation of what they mean by rebuffed, hey, I don't have a breastfeeding space at work, which also you can't do in California, but I don't have a breastfeeding space at work. That's going to be in my trailer. So when the door is closed in my trailer, nobody can come in. Setting up those basic boundaries, and it seemed that Wayfarer was like,
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Well, you know, we're not doing that. That is my interpretation based on what that says, that she tried to handle it before escalating it, which for all of us that have had jobs, you try to handle things before you escalate it. Nobody wants to escalate it to a full-blown HR meeting. I imagine no one in Hollywood wants to have to have the distribution company, Sony, coming in to mitigate this.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
a workplace that has become untenable because for everyone involved it's just embarrassing you don't want to have to sit there and be like hey we can't talk about your porn addiction in the workplace like why do we even have to say these things out loud and You know, again, California tends to lead the nation in employee-friendly regulations.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And that includes things like safe spaces to nurse that aren't a bathroom. But a lot of employers still don't do that. You would think a private trailer should be private when you are four months postpartum. But I'm particularly flustered by that because it's something that I've dealt with personally, as I'm sure many have. It's just...
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Come on, give people the space that they need when they are going back to work as working parents. Make it easier for everybody.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It's just like, he's like, no, no, don't be uncomfortable. My wife's here. It's like, um, please don't comment on my body at work. That's weird. And he's like, no, you're making it weird. It's not weird. You're making it weird. It is very dismissive and gaslighting. And I think one of the things I took, um, issue with as well in the complaint, and this is just me being me taking issue.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Cause I'm very ADHD and, and it's something I have dealt with with learning disabilities since I was in school, is the plan to blame things on his very recent diagnosis of ADHD. And it's like, look, if we need to get on to like Dr. Amen's podcast so I can talk about the fact that if these things come out, I have an excuse. And I'm like... What?
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
How have we not talked about this?
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It's interesting to me, and both of you mentioned this, is the searching for an excuse. Not searching for a way to say this didn't happen on set and these complaints never came up and this HR meeting never came up. It was a way to explain the things that were being complained about. Like, this is the explanation. And if that explanation doesn't work, but also Blake Lively is a mean girl.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Like, we're going to get the women on our side by calling her a mean girl because most women have dealt with mean girls before. But we're not in junior high. You can't sexually harass someone in the workplace. And then you can't try to ruin their career, which is what's being alleged here, if they bring it up in the workplace.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
I don't know if this would have become public if he hadn't gone on the offensive when the Internet started asking what I thought were reasonable questions of, hey, y'all aren't being pictured together. That seems strange.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
I'm so interested where that quote came from and how that all came out. There are a few questions that I am left with, and all lawsuits are going to leave me with questions because lawyer, but how they know that and where that came from, who heard it, who related to them. I have so many questions.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It's such a specific thing to say, but they're going to end up spending quite a bit in legal fees because Wayfarer and Baldoni are being sued or are likely to be sued in two jurisdictions because we have the Stephanie Jones Jones work going forward in New York. And then we have the L.A. potential lawsuit when the right to sue letter comes through. And I do think this will get filed.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
I don't imagine that we will see this resolve before it gets filed. And if it does, I imagine there would be a statement explaining that. But you've got people fighting in two different jurisdictions on separate sides of the country. So For the defendants, including Melissa Nathan and Jennifer Abel, it's going to get expensive to mount these lawsuits. And it's going to get expensive quickly.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
I mean, for this type of suit, I imagine most attorneys are starting with a $50,000 retainer at a minimum. And that is a... generously low minimum, if not a $100,000 retainer. So it's going to be expensive fast.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It had some. I think that it was written in a way that it could be read and understood by not just media, but by individuals. And it definitely had a fair few of details. I think including the Sony marketing campaign was necessary, but also had multiple purposes. It was kind of a plus-plus on... hey, he's slamming her for this media campaign.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Of course they did. It's their complaint. Their complaint is advocacy for their client from their perspective. It is their story. It is not there to tell both sides. A filing from a plaintiff is there to paint the plaintiff's side in the light most favorable to them.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
A filing by a defendant is there to paint the story in the light most favorable to them and the light most negative to the plaintiff. So lawsuits are very much an adversarial proceeding. And people forget that too. They're like, this is very one-sided. Yes. At this point, it is very one-sided. But it's why I like to cover court so much because when this gets filed, it will be responded to.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And we've already seen Baldoni's lawyer respond in the media saying this is all Blake trying to salvage her reputation and this is a salacious lawsuit. Show me a lawsuit about celebrities lately that doesn't have salaciousness in it. I mean, all of them do. It is part of the playbook of litigation at this point.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
They are already in it. So they're already likely to be sued. They're already being sued in New York. They can't file a countersuit yet because generally a countersuit, if we're going to be hyper specific and legal is if Blake Lively had filed this in court already, you can counter sue within that same lawsuit. So it's within the same body of that lawsuit. This isn't in filed in court yet.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
They don't have a right to sue letter yet. So he can't counter sue within this lawsuit. They can respond to the California department of civil rights. If that department does an investigation, they can respond there. But I think by counter suit, he means that he might proactively sue because he said he was going to do that this week. which there's no lawsuit docketed yet for Blake Lively.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
So it would have to be their own lawsuit, but Justin Baldoni is already being sued in New York. This complaint is likely to move forward. He's already open to discovery. They already have these text messages. So for them, it's going to be telling their side of the story. And I imagine we will see, Oh gosh, I don't even know what causes of action they'll bring.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Cause I don't know what they have or what they know, but it'll be a counter narrative to this, that this is, not really an employment dispute. And this isn't really intentional infliction of emotional distress. And the things Blake Lively said in the interviews are why the internet did this. And this has nothing to do with his PR campaign.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It'll be interesting to see what causes of action he chooses to bring and whether it involves invasion of privacy. But that lawsuit might be between Justin Baldoni and and Stephanie Jones, the PR firm that released all these text messages. That seems like a cleaner path than to also bring Blake Lively into it.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
But for Baldoni to go after Jones in New York and then drag or attempt to drag Blake Lively into the New York lawsuit, that seems to be the clearer path if they're really going to bring a countersuit, is bringing it in New York and talking about invasion of privacy and the text messages and what have you.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
You're absolutely right.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
I do have one question for all of you before I go, though. Yes. Are you looking forward to seeing kind of the veil pulled back on Hollywood PR campaigns? Because that's one thing I'm really interested in this lawsuit is to see how much of the curtain gets pulled back for the public to look at what being blacklisted in Hollywood truly looks like. Like, what does it really look like to...
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And they don't have to disclose it. If you do a sponsorship, you have to disclose it. If you're promoting something, you and I both have to disclose it. But if a story is placed, that doesn't have to be disclosed. If there's a relationship there, like the author is sisters with the PR agent, that doesn't have to be disclosed at all. So it really brings up this level of Who benefits?
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
These are my questions when I read things.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And I always wonder, as I said, when I look at things, who benefits and then where is the money? And what you brought up, Nick, USA Today actually had a huge reckoning within USA Today because one of their journalists was just making up anonymous sources and they had to retract a ton of articles based on that. I talked to a number of independent journalists.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
who had worked in legacy media, including Mandy Matney, who did the Murda Murda's podcast and covered that. And she was talking about the immense pressure and understaffing to get the clicks that media companies are tracking, how far down a page your eye goes, how much of a story a reader is reading.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And it is driving towards more clicks, more subscriptions, more articles that convert to subscriptions.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
How many subscriptions did New York Times convert based on publishing that lawsuit with people hitting a paywall and going, oh, I'll give you the $1 free trial and then I'm going to forget about it until some app tells me six months later I'm still paying for the New York Times and then I cancel it.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
But the pressure of getting people to read further down the page and to grab those really clicks and views with headlines is driving some of this. And then how understaffed media is, which is why I think new media is
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
in the long form like your podcast is thriving because I think a lot of people are tired of their attention being grabbed in manipulative ways because most of those headlines are emotionally manipulative. They make you feel something first and that feeling is generally anger or disgust. It's a negative or a more negative emotion because those are faster and stronger responses.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
You're like, ew, what?
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E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Oh, my God. That's so uplifting.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Well, if people are reading further down the page on an article that is why Blake Lively is rude, then the publication immediately knows that, says, hey, this article is getting more reads than that article. What we need are more articles like this one. And then people are reading those articles or reading more of them on Instagram or watching reels about them or TikToks about them.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
And then the algorithm is like, oh, you watch this entire TikTok. You'd like one on this same subject. And then it kind of rabbit holes you. down the same subject line because the platforms want you to stay on the platform longer. The New York Times wants you to stay on the New York Times longer. I mean, you and I do long-form content.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
We always want you to hang out longer for the full conversation. So it really does start to drive that. What I love about independent media is You can just be true to your opinion and your audience and say, hey, these are our sponsors. They're not here based on the topic. They're here based on the show. And we're going to talk about what we want.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
It's why people listen, because they want to hear what you have to say about it. And you were well ahead of the curve on this one. And I think the only one talking about this back before any of these lawsuits happened. And that's why people are tuning into your show more than they're tuning into The New York Times.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Yeah, you guys are the best. Thank you. When the next lawsuit drops, you know where to find me. It's not going away anytime soon.
The Viall Files
E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Absolutely. I cover legal cases over on YouTube at the Emily D. Baker. I live stream three days a week starting in 2025. So all of the upcoming trials in 2025 from Karen Reed's retrial to Brian Kober to Corey Richens, which is like the Mormon mom poisoning of her husband. It's wild. That's going to be starting in April. So if you want to stay in the loop with all of that, the Law Nerd app
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E862 - Blake Lively’s Complaint Against Justin Baldoni w/ Emily D Baker
Free on iOS and Android will tell you everything I'm doing and where I am, including this episode when it goes up, because that's going to go out into the app to over 100,000 onwards. So come join the community. Let's talk law. Thank you guys for having me. It's great to be here. I love how you break it down. Thank you all.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Hello.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Oh, it's been too long. The law doesn't stop.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I mean, first, lawyer thoughts were interesting that they're filing this in California. That was my initial thought with this, because now we have the California lawsuit against the New York Times by Baldoni et al. We have the employment law complaint from Blake Lively. Then we have Lively's lawsuit in New York, and then we have the PR company's lawsuit in New York.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So we've got two filed lawsuits in New York, one filed lawsuit in California, and one pending litigation regarding employment in California. So that was the first interesting choice to sue the New York Times in California.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Then it was a, hey, these are screenshots of text messages, not a celebrate extraction of text messages, which is interesting because they're saying things were, you know, left out, things were cherry picked. And of course, in a complaint, things are going to be cherry picked, as I'm sure they've done with theirs.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
But the heart of that is that they are suing the New York Times, saying the New York Times defamed them and said, when you're dealing with public figure defamation, they've got to prove that the New York Times was reckless in misrepresenting the truth. And that's why they've got the false light and the defamation in there.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
But that's why they're leaning so heavily into the text messages saying, look, there was more context here. They used a lot of this defamation suit to fire back at Lively's allegations. I think when you read it, sometimes you can forget that the New York Times is really the target of the lawsuit because it uses a lot of the lawsuit to talk about both Blake Lively and Ryan Reynolds, which is
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Not surprising given the statements that the lawyer made saying they're going to countersue and they just filed their own suit in California that's going to face some jurisdictional hurdles before we even get off the ground.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I mean, all of the lawsuits that we've seen so far serve a public relations purpose as well, right? They are all written with quite a lot of screenshots. You can write a very bare bones complaint, and I've covered cases like that too. These are not bare bones complaints. These are very narrative driven, very much telling a side of the story, but both complaints do that.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
It's not just this complaint's coming and doing that. Everything we've seen has done that. What's interesting is that in the Baldoni against the New York Times lawsuit, they actually filed a notice of errata, which is a very formal legal way of saying, hey, we need to change a few things.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And they took out some of the text messages that were in the original filing saying that they were asked to remove them due to reporter privilege. And I was like, somebody was unhappy with how this got filed and exactly what texts were in there because the legal team immediately followed a or filed not a retraction, but a remedy for some of those in the Los Angeles court, which was interesting.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
It's since been amended by his legal team. And the notice was, hey, some of these things are covered by privilege, and we were asked to remove them. Do we know what those changes were? I can pull it up. It was page 14, 16, and one of the other ones. What was hard to tell was some of these text messages is who they were talking to because they did put in like editor one, editor two.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And so they already redacted some of the information out, but there were several pages that they removed messages on page 14. 14 was one of them, and that is multiple screenshots with somebody named Leslie Sloan. And then there was page 16 and another page as well.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I especially when we're at the complaint stage, lawsuits are allegations in shade. You can't be sued over what you say in a lawsuit for defamation because they are privileged documents. So people are going to lay out their side of the story in the light most favorable to them.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And I always look at it through that lens as does this paint things in the light most favorable to the person telling the story? The number of text messages doesn't persuade me one way or the other because there is so much that we don't know. The reason I think they put in so many is because their argument against the New York Times is they had all this information.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So they skewed the story and they did so recklessly, which when you're talking about public figure defamation, you've got that extra element versus people who are not in the public eye. So they have to show that the New York Times went above and beyond to defame. recklessly disregard the truth. So they're going to put all of that in there to show that the New York Times is disregarding the truth.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
It serves the dual purpose of also responding to what is in Blake Lively's complaint and taking aim at that. And the complaint Blake Lively filed in the not the New York one, but in the California Civil Rights Board that we talked about more thoroughly was that Just showing a base level of what the complaint is to the California board.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
It wasn't, I mean, it also showed the public that because it was given to the New York Times, but we know that there are thousands and thousands of text messages. So there's much that we as the public don't know on either side, but I never total up and be like, well, you put 10 in your complaint, you put 20. Sure.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
That's more because it's everything is going to be cherry picked in the light most favorable to the people who are showing it. And I think both complaints are a good reminder that there are going to be multiple sides to any story in a lawsuit. And this is a long way from done. But Baldoni's team has picked a fight with a very difficult plaintiff.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I wonder if we will see them filing the counterclaim that they had talked about to Blake Lively's New York lawsuit down the road.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Suing the New York Times in California is going to be difficult. They might not even get to discovery on that. New York Times is going to make challenges regarding venue like, hey, you can't sue us in California. This isn't the right spot.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
New York Times is going to make arguments of maybe, hey, this is slap protected, which when you get into anti-slap lawsuits, it's strategic litigation against public participation. Those laws are very strong in California. They run hand in hand with defamation because those lawsuits are to stop someone from speaking. And the New York Times can say, we're just giving appropriate comment.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
You don't even get to go to discovery. So the lawsuit might end before it begins. That can be a year and a half, two years of litigation before the litigation even really starts. of determining either jurisdiction or if it will get thrown out early on in the proceedings. So that lawsuit is a difficult road in California.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
It would be difficult in New York, too, because New York has really strong laws protecting the media and reporters. So The plaintiff being the New York Times is a good vehicle to tell the story about Blake before they file a counterclaim against Blake Lively.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
But I don't know how far it's going to go as to the New York Times, and I don't know if they even want to get to discovery about the New York Times. That's going to be a very expensive and difficult and protracted litigation to fight in California courts.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I don't know if I have to predict too much about what they're going to do next, because even in this complaint against The New York Times, they said this is the first of numerous lawsuits. So when it comes to the lawsuit with the PR team, I think we'll see a counterclaim there for breach of contract, breach of confidentiality, breach of nondisclosure.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
We've already seen hints of that in this lawsuit where Baldoni Wayfarer et al., all of the look, our PR person had a nondisclosure and shouldn't have disclosed these text messages. Was it disclosed to a proper subpoena?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
A lot of NDAs do have a clause that say with proper legal process, you can be forced to turn over certain documents, but you have a duty to protect those as much as you can and not turn them over. So there will be a fight with the PR team in some way, I suspect, whether it's over how those text messages were gotten or...
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
whether it is a breach of conduct, breach of contract, breach of NDA with them. Will he file a counterclaim against Blake Lively? It's possible, especially with the allegations that these meetings didn't take place the way that Blake Lively said they did and that Justin Baldoni said he felt attacked and harassed by Ryan Reynolds.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I don't know if he'll try to bring that in as a intentional infliction of emotional distress type of a claim or whether it will come in as breach of contract claims saying that Lively tried to take over the production, and that was a breach of contract. So him and the production studios will countersue her in New York, which we could see as well.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I don't think we're done with things being filed, and we are going to be probably in these lawsuits for a number of years. I'd be surprised if we weren't. The New York Times is going to fight like hell over Discovery because they don't want to turn over all of their conversations.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I imagine on the lively side, they are also going to fight over discovery and there's going to be a big fight with PR on how all those text messages got turned over.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Again, I think it highlights that you don't know how a different people perceive different things, but not everything said in Blake's lawsuit is portrayed differently in Baldoni's lawsuit. Some of those text messages are portrayed the same way.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So when you're trying to sue the New York Times saying you skewed it, the New York Times is going to come back and say, well, there's two interpretations of anything. They're trying to say, oh, there's a emoji missing. It's like, well, normally in celebrate distractions with an emoji, you would see like a square box or a placeholder, but that depends on
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
what version of celebrate you're using and what version of the ios the cell phone has like is that the gotcha moment of the world um no it's probably explained by the way that the celebrate extraction happens and what is it for for the people who don't know what that is what is that because i didn't you know when i'm reading this i was wondering is that a big deal that these emojis are missing they certainly wanted to make it seem like it was but then i was asking you know
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
The messages in Blake Lively's complaint that we have seen come from a data extraction tool from those cell phones. So the cell phone from the PR company was digitally extracted with an extraction, forensic extraction tool that we see in all kinds of cases that I cover, criminal cases, civil cases, what have you.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Those are thought to be more secure, but sometimes there are quirks in the way things download. And those are normally explained by the person who downloaded them saying it's a known issue that emojis download as a square box or not at all, depending on the version of Celebrite and the version of the iOS, because iOS is update all the time and the software takes a little bit more time to update.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So that's why the ones in Blake's suit look different. You can always tell with the Celebrite because it has additional information. It doesn't look like a screenshot. Where the Baldoni text messages are clearly screenshots of text messages put into the lawsuit. They are not a forensic digital extraction at this point, though I'm sure they'll get one.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
But screenshots can also be changed because you can... go onto your phone and delete or unsend messages and then take a screenshot of it. So can things be manipulated both ways? Yes. The only way to really answer that is to have the physical phone and the extraction and compare them all together, which will happen in discovery very far down the road.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Well, they're serving different purposes. So I really treat the two separately. Yes, in the court of public opinion, they are both trying to serve a narrative. And again, complaints are written to paint the picture that is filing the complaint for the person filing it in the light most favorable. They are also trying to show specific instances of where the New York Times got it wrong.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So they're not going to point out the things that are a closer call or the things that don't help them. They're going to say, hey... You said we did this and we're planning all these stories. And here's a text message saying we weren't. And New York Times, you had those and you disregarded the truth in this and painted this false narrative. So it has to serve for Baldoni.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
It has to serve that purpose of supporting the law.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
lawsuit that they're filing but they also put in a lot of see our story in the media is true Blake did take over production Blake did cut Justin out of these things there were tensions that aren't explained by the harassment and the alleged retaliation in the lawsuit all of those things aren't true and the New York Times disregarded all the things that proved that they weren't true and
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And the New York Times is going to come in and say exactly what you're saying, Nick. Well, there's two ways to interpret that. Just because you were invited into a trailer once while somebody's pumping doesn't mean that you also didn't walk in when you weren't invited at another time when someone was breastfeeding. Those are different things. And this is why these things are going to take
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
quite a while to parse out. But when you look at lively suit, the HR stuff is the most interesting really to me on that should be well documented. Lots of people were at these meetings. The Baldoni suit seems to say, no, we felt strong armed. And so we had to agree to these things that we don't really agree with.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And that back and forth, I think is going to play out across several lawsuits if they file a counter lawsuit. blame in the New York suit. So how do I see all of it? We're just at the tip of the iceberg with all these parties pointing the finger at the other one. That's where we're at.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
It's interesting the way they edited some of the texts in that they tried to track who was having the conversation so we don't see the names. And it might be that those were phone numbers and they redacted out phone numbers by covering over them with black boxes and telling you who it is. Those are all things that are going to have to be brought to the court. Screenshots aren't going to do it.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
They're going to have to be digital extractions, and those will have the dates in there. But yeah, some of those texts are very vague as to time when they are. But the purpose of those being in here is... See, the New York Times said they had it because in the article, the New York Times said we reviewed thousands of text messages. And this complaint is saying, well, did you review this one?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And if you reviewed this one, don't you know that what you're printing isn't true because this exists? So they're trying to point out those instances of, well, if you reviewed this, how do you come to that conclusion? And I think the other side of that after reading the other complaints is, well, we don't know when that is. And then there's questions to be asked afterwards.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
of all of the lawsuits really is how did all the parties perceive what was going on? And that's why civil lawsuits can get very ugly, very fast, especially in the court of public opinion, because you read Blake's suit first or the complaint that was released by the New York Times first, and then you read Baldoni's. So it's easier to say, well, what about this? What about this? What about this?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Where if those had dropped in different order, then you would be looking at Blake's suit vis-a-vis Baldoni's narrative. So when the first one drops, it's easy to kind of check the first one against the second one instead of the other way around because of the timing of which they dropped, which the first person to sue definitely has an advantage. And that is a strategic choice.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Baldoni's lawsuit's not wrong when they said these weren't public documents and they were given to the New York Times. They absolutely were. It's just by who we know for what purpose. And Blake's team is going to say, well, right, because you've been running amok on social media with a campaign destroying her reputation. So we had to do something.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And his team is going to say we were just acting responsibly. Of course, we had to do something. So the truth is going to be somewhere in the middle. I think somebody should just release all of the text messages. I'll go through them. I mean, you know, if any of the attorneys want independent review of the text messages, just release them all.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
There's a lot we don't know. And with hr process on a film set there's clearly hr process on a film set but this is why things have to go to court because you have the text messages for example in baldoni's lawsuit saying oh yeah you know the editors felt this way or that way well
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
They can say one thing to Baldoni in text messages because they still would like to work with him in the future, though that might not be what they say if they're testifying in a deposition or in court. So that's why these things have process to go through court, because just because you say it in a text message doesn't mean it's necessarily 100 percent true or it's what you're thinking.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And that's what Baldoni's suit was trying to point out. Hey, saying, you know, this was a great piece with the upside down emoji. That means sarcasm. I don't know. Does it?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Does it not mean sarcasm? Does it mean like, look at us, we've turned the world upside down? Who knows? But that's why this is the jumping off point before people go to court. And that's why our court process works in questions because then it's asking the editor. So did you say this because you want to still work with Wayfair? Did you say this because you want to work on the next movie?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Did you say this because this is how you felt? Did you say it because you would like to work with Ryan Reynolds down the road or Blake Lively? Like, why did you say these things? And also the things people will say in text message they think are never going to be seen. is very different than what they might say under oath.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Absolutely, and the timing of that, that's where the timing of the text becomes important because what we saw in the Jones work lawsuit is that that relationship was deteriorating. So were those text messages happening as that work relationship was deteriorating and they thought their boss was disagreeing with how they were doing things?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
There's layers of that question too, knowing that there was also the Jones work part of it with a work relationship with the PR agents that was deteriorating and the allegations of... Some of the publicists planting a negative story about Jones work and then Jones work saying they were stealing clients.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So if you know that your boss can see your text messages and your boss doesn't agree with what you're doing, are those also maybe not for public cover, but for work cover?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And you just don't know without A, the timing of all of it and B, the entire story, which we clearly don't have because there are multiple sides to any story, which is why when you cover the law, you've got to look at the initial allegations and go, what are the questions here and will they be answered down the road? And that's how I approach it. All of the lawsuits.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
What questions am I left with from Blake's complaint? What and lawsuit now in New York? What questions am I left with from Baldoni's and what's not being answered? And I think, you know, you guys ask some great questions. What's the timing of these text messages? Who are these two? What phone was Abel using for these? Was it the work one? Was it the new number? When did this all start to go down?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And was this after Blake had raised the red flags about being concerned about what was going on with the other PR team? What was going on in the media at that time? And you can't know without the dates on those things.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I think Brian Friedman is a very media savvy attorney, so I'm not surprised that he is going to continue to support the things that we have seen. Here's where you see the good and the bad with media savvy attorneys. Brian Friedman's statements have been 100% consistent across the board. His initial statement is mirrored in this lawsuit. His statements in the media are mirrored in this lawsuit.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
He is very good at staying on message, and he has done that incredibly well. So Am I surprised that he said that? No. Is that going to come back to really impact him? Not really, because he's advocating for his client in something that's very public.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And he's going to continue to say, yeah, but they made it public first by disclosing an administrative complaint that never would have seen the light of day to The New York Times. So I'm not surprised by that at all. They are on. the legal slash PR fight with this because of that New York Times article, which I don't doubt was damaging.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
That's the one thing that I don't think is going to be hard in this lawsuit with the New York Times is to show there's been some reputational damage. The New York Times will turn around and say, you did it to yourself the same way That Baldoni is turning around looking at Blake Lively saying, well, you did it to yourself.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So it's going to be a lot of finger pointing and we will see what shakes out. What juries find persuasive oftentimes is the third parties. So what's going to matter in these lawsuits the most is what the other people on set had to say, what the reps from Sony had to say, what people a little more removed said.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Had to say that's really what's going to turn the tide on this if it ever sees the light of a trial. But even in depositions, those will be the critical voices in this lawsuit.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And we've seen publicly quite a lot of support. for lively though. Baldoni's team made a point of putting in text messages that were incredibly supportive of him. And I don't think we've seen, again, we've been on break.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I don't think we've seen anyone in the media coming out and saying, yeah, those text messages were supportive because this is what's going on on set unless I missed it, which is entirely possible. Whatever happened on this set, it wasn't great. And I think that that much is clear that this movie didn't go down the way anybody thought that it would when they undertook the filming of this movie.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So it'll be interesting to see how that moves forward with a sequel.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
It's so interesting because I was recently watching a TED Talk with a study that was done, I think, at Columbia where business students, master's level business students, were given a brief on a company. And it was a female CEO and they had changed the name. Half the class got the female CEO's name and half the class got a male version of the CEO's name.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And then they asked for perception on how the company was run. And then they asked questions of likability. Would you work for this person? How effective are they in the role? And The exact same case file when it had a female indicating name was, this isn't somebody I want to work with. This is somebody who's too aggressive. This is somebody that pushes too hard.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And when it had a more male name, it was, this is somebody who's a strong leader. This is somebody who I would want to work for. This is somebody who does what needs to get done in business. So there are a lot of really... societal undercurrents when women step out of a more traditional role and aren't maybe as soft public facing and show up a bit stronger.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And I don't think Blake Lively is not soft public facing, but when women do, they tend to be chastised for it a lot more than men when they exhibit the same behavior because the expectations of women are different. So saying a woman is difficult, people are like, yeah, she must be real difficult. And it might be that
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
She just asked for her workplace to be an appropriate workplace, which isn't a difficult request, but I don't know how many of y'all in the room have been called difficult because you've set a reasonable boundary or just asked somebody to not do something that was inappropriate. Yeah.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Also, are there A-list celebrities that aren't a little bit difficult? And is it difficult or is it just I've got boundaries to do the work that I need to do? I don't know. I don't work on film sets. I work for myself, but I just have questions.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
He's saying that he did. And so that's where that push-pull is. He's saying, no, this... There wasn't harassment. There's not retaliation that this is her scheming really to take over the project. And that's the underlying of their thing. Look at what she's reaching for. She wants the producer guild designation. She's she's plotting with her and her husband.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And they're saying in their complaint, and this is, again, going off of their complaint, they're saying that there was only one other complaint. So that's what they said in their suit against the New York Times, that there was one unverified if it went to HR or not, but one complaint of ageism by a crew member. They said that's the only complaint they have.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
that's going to be pretty easy to prove whether there were, or if they, there weren't, that's going to be something that's not difficult to bring to light.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And there will likely be process and, and emails and conversations and people who can come forward and say, yes, I did make this complaint. I think where that's really difficult in Hollywood is that when the industry can be so incredibly small, especially for crew that coming forward to complain about, in a deposition with your name attached can be difficult down the road to look for work.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And I think people are very mindful of that. Everything that went wrong on the set, it seems is going to play out in court and we're going to have to wait and see what happens. But yes, not everything in Blake's complaint is addressed here, but again, they have to respond to what the New York times knew and did not to what Blake is saying in the employment lawsuit.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
But who knows? I could we might be wrong. I'm going to be interested to see. I mean, one of the things I talk about with lawsuits is to follow the money. Where is the benefit to Blake Lively? And they've dragged Ryan Reynolds into it, too, by saying that he, you know, went off on Justin Baldoni in a meeting. But where is the benefit to them? Like, does Blake Lively need a producer?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
It'll be interesting to see what happens with the California civil rights complaint. We now know that Blake Lively's filed in New York. We've got the PR filing in New York, which is going to be a very intricate legal mess. And then we've got this filing against the New York Times. And the New York Times is going to spare no expense to fight this either.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So I imagine we will see an unearthing of more information. And we're going to really have to wait and see. But I always, you know, who benefits and how, where is the money and why, and trying to parse the middle of this somewhere. And two things can be true at once. If Blake was setting boundaries on the set that they found difficult, then maybe they found it difficult.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
But does that mean that Justin Baldoni came into her trailer at times uninvited? Maybe. Does that mean there were other times when he was invited? Maybe. Does that mean that the New York Times lied about all of this? Maybe not, because when you sue the New York Times, if they say there's two interpretations, is that defamation or is that opinion?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And I mean, as to the New York Times, it's going to be, is it defamatory or are there reasonable interpretations, which is why defamation is going to be so difficult in this particular case. But yes, it is going to be a well, if you're preparing for a birth scene on a movie set, is it normal to review other people giving birth?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Or do you look at a woman who was a few months postpartum and be like, oh, you've done this four times. We trust you. Like, do you just let it let it go? Or do you? Does somebody say, hey, what's the inspiration behind this scene? So it's, again, what's normal in a real life workplace and what's normal on a movie set is going to differ wildly, too.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And that's going to come down to what's industry normal. And we saw that in the Rust litigation. What is normal on a set and what's not normal on a set? And is this appropriate for this particular workplace? And Blake says no. And Justin says yes. And not knowing the rest of the context of the video, we don't know.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
For me, it just seems odd that you would need her to see a video of birth that she didn't ask to see after just giving birth for the fourth time, I feel like.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
You'll find an expert who will come in and say that. You will find an expert that will be paid by one team that will 100% come in and say that that is needed to do stunts. However... I would imagine that the solution on set would be, well, then we need a stunt double. Though what we've seen in Lively's complaint is that there wasn't a scene in the movie that called for that.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So then it's, is there a scene in the script that calls for that? Is there not? So you know who they'll bring in? They'll bring in the script supervisor to a deposition that'll last two and a half days to talk about what is and is not in the script. And why couldn't you bring in a stunt double?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
No, there's a thing about mental health. Do you know what they do? They send you to a therapist hired by the other side, and then that therapist gets to give an opinion, and then your side hires a therapist. And then your therapist gets to give an opinion. But only if you put your mental health at issue in a lawsuit by claiming that you have suffered emotional distress.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
And that is why the process is so difficult, because it then goes to forensic psychology. And we saw days and days of battling experts in the Depp-Herd trial with forensic psychologists. Because if you put that in issue in a civil suit, then yes, the other side gets to pick who you're evaluated by, and then you get to pay for it. Wow.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
There will be more. I say with everything, keep an open mind. Ask the questions. Just when you evaluate lawsuits, just keep asking questions of all of the lawsuits. What questions does this leave me with? And will those questions be answered? And then work from there. That's how I work through lawsuits. And I think it generally serves you well.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
If you want to ask all the questions, ask all the questions of all the sides and it'll shake somewhere in the middle.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
But were the subpoenas lawful subpoenas or did the PR agent from Jones work just be like, sure, here's a cell phone. How did how does Blake's team know the statement that was allegedly made at the premiere about I'll pay a hundred million dollars? Who heard that and how that all came to light?
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Also, the rest of the context of these text messages, because, again, they say the text messages are missing context. Well, I've got one page of a screenshot. What happened? Four screenshots before it and four screenshots after it. And we're just going to have to see.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So we will definitely see, but not anytime soon. People are going to want a resolution on this one by, like, February. And this is years of litigation, unfortunately, that's just beginning to unfold.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
That's a great question. In California, the California lawsuit won't have a trial date till 2027 or later. But there will be a lot of pre litigation or early stage litigation with The New York Times and Baldoni in California. So stuff will move forward in that with a trial date 2027, 2028. In New York, it won't wait on what's going on in California at all because it's been filed separately.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Again, the choice for Lively to file the employment suit in California, then file the lawsuit in New York is interesting to me. And we might see a countersuit filed by Baldoni in that New York lawsuit and in the Jones Work New York lawsuit. And then those will all go through separate court processes because Lively's is filed in federal court in New York, which will probably move the fastest.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Jones work is filed in state court in New York, which will go slower, but not as slow as California. Baldoni's is filed in state court in California, and then Lively's in California is still in the administrative proceedings. So there are four different things in four different courts, and they're not going to hinge on each other.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
They might allow them to coordinate discovery for like depositions, but we're maybe a year away from those things being even scheduled.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Absolutely. The Lonard app at lonardapp.com is probably the best way to stay in the loop with everything I'm covering. I am on YouTube streaming Tuesday, Wednesday, Thursday, unless there's court like this week where I will be streaming the Supreme Court hearing regarding TikTok on Friday.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
So if you're interested if TikTok is getting banned or not and what questions the Supreme Court, none of who probably use TikTok, who had to ask like their grandchildren what TikTok is and what questions they have, that will be on Friday. So YouTube at the Emily D. Baker is going to keep you all up to speed.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
I will let you know what the questions are from the Supreme Court. Lots, lots of lots of things happening in the law sphere with this break. I thought everybody would take a break over Christmas. They're like Christmas Eve lawsuit, New Year's Eve lawsuit.
The Viall Files
E864 - Justin Baldoni’s Lawsuit w/ Emily D Baker, Heather McMahan, Golden Globes, RHOSLC & Walmart Birkins
Bye, guys.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I would have worn workout shorts if I knew we were stretching like we were in a gym. I thought this was a massage the whole time. There's like not one second of silence. And I think it's because we were both so uncomfortable.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And I've never been more scarred in my entire life. And I think she was also scarred. And it was just a nightmare of a situation. And it was like too many leg movements. And she was just right. She was right there. You know, it almost grabbed a hold of her. And it could have been real bad. We could have lost her. She was in the forest. She was in the forest. She was looking through the trees.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
No, for sure. So.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Definitely would have worn a full workout outfit if I knew we were stretching, but I thought it was a nice massage, you know, face down.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Dead ass. I was like, I wish she would have been like, oh, just like shorts are fine. Oh, amazing. I'll be right back. This is my house. But like...
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Because we care about people.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Also, she would have been like, and if underwear, no bush, please. I would have been like, I'll be right back.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I hope to God it was her because I don't know if she'll ever come back. The way she just kept saying, just relax. Just relax. Loosen up this leg. Yeah.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Which is so iconic because she used to make TikToks being like, you called the paparazzi, I'm leaving this store. And it'd be like her filming herself calling the paparazzi. And now... They don't have to call the paparazzi.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And your friends. I mean, there was like this kind of trend going around for a while that was like, if your friends aren't liking your posts, like they're not your friends. Like that's a bare minimum of just like support your friends and have their backs. And it's like, you can't even do that.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Did this stem from social media? Like, was this some fan who was like, oh, I think nice pulls about. And then they were like.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
We do. They have a lineup of 20 unique mattresses. We personally use the Moonlight mattress, if you want to know, obviously, what we rave about. You go online, you take a quick quiz, and you're paired with the right mattress for you. Something that I love about them is that they have mattresses designed for every single type of person out there, how you sleep. They have big and tall sleepers.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
She's committed. I will give her that. She is committed. I don't know. I mean, she stepped out with Brandon Sklenar, who was in It Ends With Us.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And is now in Seven Husbands of Evelyn Hugo. They're filming that or just finished filming it or whatever. I don't know who he is in it, but he's in it. Sidney Sweeney is in it. And they have been photographed together. Now they're just walking. They're just going somewhere. It's definitely not as juicy as the Glenn Powell of it all.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Do you think? Or are they just walking together? You hate photos. You always say this. You're like, photos say nothing.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
They're literally just walking. They're not holding hands. They're not close together. They're not hooked with arms. They're just walking on a street.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
They're also with another girl. It's a group of people walking. It's not even the two of them walking.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Very secure man. Well, I think he's a producer. I think he helps. He's on set. Yeah, he's on set with these films. And so he definitely is. I guess. He knows what's going on. They're just walking.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But they did give their Montecito house to a lot of people who were evacuating fires. They've been nonstop at the donation centers.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Maybe. You can't hate her because it's that woman who's spreading all the hate around Blake Lively's also in charge of the Meghan Markle stuff. So like, are you on women's side or not?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Did y'all see that Brad Pitt has an imposter and he catfished this imposter? Catfished a woman out of $800,000. And honestly, this man looks more like Brad Pitt.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
So how did she meet this fellow? Did she say that? Did he like message her on WhatsApp or Kik or ask me anything?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I mean, it happened to Nick. That woman showed up on our front door.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Someone was pretending to be me. And this woman showed up on our front doorstep and he was like, I'm in the house. And he was like, I have a girlfriend. She's like, you told me she was fake and only for Instagram. I'm like, I'll wait a damn fucking minute. I'll open this door and beat this bitch up.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But this is this moment right here. She was like, I flew in from Canada.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yeah, because Nick told her to quarantine before they saw each other. And then they sent your address?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Okay.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But also, like, I know people who are younger than that, who are great on social media, who are also getting catfished. Exactly. It can happen to anybody. You've just got to, like, if you're not FaceTiming this person and seeing their face or meeting them in real life, like, you can't do it for money.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But here's a selfie from the red carpet.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yeah, that is crazy.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yeah. I know. And then the photo showed two pictures of Brad Pitt. And I was like, well, god damn, that's good. Well, listen, Nick and I were fooled, okay?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It said imposter. Who is the woman who looks just like Taylor Swift or just like Ariana Grande?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It's scary.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I don't really think she looks that much like her, but she really tries. And then she'll get, she does TikTok lives or she's like singing Taylor Swift songs. Like girl.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I'm like, the light's on because there's a car in your blind spot. And he's like, going over. All right, we're good.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But if she goes out in public and she has her quote unquote security and she's wearing, like people definitely think it's her.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Wait, what happened?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Oh, no. Yeah. Well, it was only because they had the same car as you. Right. The hair was the same. And I was like, oh, my God, there's Justin.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
What? I don't remember but we almost did roll down the window and then we were like it was like it could have been me it was your exact car and the same haircut from the back I was like is that Justin sue me he could be at the airport Justin has sued over Les that is true
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Oh, my God. It highlights what lane you should be in. I have no idea. The Apple Maps. Highlights the lane you should be in. Yes. It'll be far right because we've got to exit. He's in far left. Like... Do you know your left from right? You've got to get over.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I wish I could go back. It was probably you like painting shirtless or something.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Skate dancing shirtless.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It's confusing. I'm saying it's confusing.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yeah, and he needed to grow up.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It's the most it's the easiest thing to read. It's when you barely know it existed. They made it for a kindergartner.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
He's down to earth. I'm like, that's his show.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I feel like it's a commercial. I think it's a pilot.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Or what if it's a crossover from like Beverly Hills Housewives and they're filming in something about her and Katie and Ariana are like serving them up sandwiches.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
On a walk.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
That was so fucking nasty of them to do that.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Quickly, do y'all remember Nick loving Dorit's hat in the first episode? The one that was like... The disc. Did I? Yeah, because last night he was like, stupid fucking hat. And I was like, that's not what you said publicly. Publicly, you were like, oh God, so great.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And I was like, I have to switch up.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
For sure. Yeah. Anyways, Molly's here, so we should get to Molly.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Grammar. Grammar. It's so important, yet it's so easy to mess up. True. Coming from the grammar mess up king himself.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Grammarly is an AI writing tool that provides you with real-time suggestions as you write. You can stay focused and get through your work faster with Grammarly. You can get more done without sacrificing quality. Grammarly helps with any writing from brainstorming to sounding more confident and persuasive at work.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
90% of professionals say Grammarly has saved them time writing and editing their work. Four out of five professionals say Grammarly helped them gain buy-in and action through their communication.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
2025 is here and Mint Mobile has a resolution for you to save some serious cash by making the switch to Mint Mobile. And right now you can get half off their three-month unlimited plan. It's time to leave your overpriced wireless plans, jaw-dropping monthly bills, unexpected overages, and all of their other BS in 2024.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
You can even bring your current phone and your phone number. Ditch overpriced wireless with Mint Mobile's deals and get three months of premium wireless service for 15 bucks a month.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Speed slower above 40 gigabytes on unlimited plan. Additional taxes, fees, and restrictions apply. See Mint Mobile for details.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
So he calls me. He's like, hey, ran out of gas. I'm like, oh, my God. He's like, yeah, could you bring we have a gas can in the backyard for like the power washer. He's like, I think there's some gas in it. Like, can you bring that? It should be enough to just like get me to the closest gas station. I'm with River.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
That is my biggest fear in life, is that I'm living with black mold. How did you find out?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Have you been sick a lot recently?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It was like an or like if you wanted to, you could go. And I was like, you know what?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
They have Helix Kids mattresses, which are designed for growing bodies, and they're actually endorsed by child sleep experts. I didn't know that was a thing. If I knew that was a thing, I would have applied to be one when I was a child. They also give you a 100-night trial and a 10- to 15-year warranty to trial your new Helix mattress.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I heard or. So then I was like, OK, well, I do have River with me. So like this, the fastest thing is to like just get this gas can to him. She was like needed to take a nap, was like cranky, crying, not happy River. So I pull up, I give him the gas and I'm sitting there and I'm like, like, can we go or are you good? He's like, yeah, yeah, yeah, go. I'm like, OK. So I drive off.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
That was a different era back then. Yeah, toxic.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I get to the light at the end. He calls me. He's like, not enough. Car's not starting. I was like, are you fucking kidding me?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Do you keep in contact with any of the women who are on your season?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
He just said, can you get me some more gas? So I was like, sure. So I go to the gas station. Come to find out I'm also low on gas at this point. So thank God I do go to the gas station. I fill up myself and then I have to go inside to get the gas can. Well, I have to take River out of the car. Can't leave her in the car. That's a whole production.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Take River out of the car, bring her inside the gas station, get the gas can, pay for the gas can, come out, put River back in her car seat. She's absolutely livid. She's screaming. She's crying. Everyone's staring at me. I'm filling up the gas can. I put it, I'm like, oh, if I got it here. So I'm like, I think it's, I think it's on. And I put it in the passenger floorboard seat.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I'm like, why are you sending people? Yeah, maybe let's not go back to him.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Hmm.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Well, going back to, to Southern charm, you talked about going on a few dates with Whitney. What in, in God's name, uh, attracted you to Whitney?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I'm driving, I'm driving, I'm driving, I'm driving, I'm driving, I'm driving. There's Nick. I have to make a U-turn to get to him. U-turn, gas can, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall, fall
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
We don't ever shut up about it.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
If there's anything wrong with me ever in life, it's because I had to breathe in all of those gas fumes. See, you're high as shit right now.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
If you don't mind me asking, what had you so down? Why were you so depressed?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I'm so sorry you went through all that. And it's, I mean, like I went through an EMDR therapy, which is, yes, it's incredible. I mean, it's, it's, yeah, it's a lot of trauma-based stuff
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
as well it really makes you like be able to access your trauma and then watch it back as if it's a movie and not like relive it every time you think of it which is very helpful in a lot of cases and so I relate to going through something that changes your life I've heard so many good things about that a lot of people have suggested that to me so I'm really glad you found that because it's
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
That's so nice.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It was the least I could do. He clearly was stronger than Nick to get to the side.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
June's Journey is a free to download mobile game where you have to find objects hidden in beautiful, colorful scenes. You play as June Parker, a detective in the 1920s on a case to discover a scandalous family secret after the murder of her sister. You're not just going to love the gameplay of June's Journey. You're going to be all in on the story.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I'm telling you, after a little bit of playing, you're going to be invested. There's always something happening in the game. You progress through the story and discover new chapters. You can also take part in events to earn additional in-game prizes.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Whether you're playing alone or in a club, participating in special competitions, or even customizing, remodeling, and fixing your mansion in Garden Island, you're always going to love playing along. And remember, this game is free to play. If you love detective stories, puzzles, and challenging yourself, you are going to love playing June's Journey. I love June's Journey.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It is so fun and so mysterious. Download June's Journey for free from the link in the description or by scanning our QR code. June's Journey is available on iOS and Android mobile devices as well on PC.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
You know, Nick is on his health journey right now, and he is shooting them Symbiotica little packets like it's nobody's business. What's so cool about Symbiotica is the quality of their products. They're free from seed oils, preservatives, toxins, or artificial additives usually found in supplements. You're only getting the good stuff your body craves.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
One of our favorites is the Magnesium L-Threonate. It tastes like vanilla. Supports brain health, increases focus, improves memory, and balances mood.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Emphasis on way. You know what makes it even easier to stay consistent? Their convenient monthly subscription service helps you never run out of health boosting essentials. Help establish a healthier you in 2025 with this awesome deal we have for you.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Well, we've always not cared about it.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
He spent maybe an hour power washing the mat. And I was like, well, you know, you could just get a new one on Amazon.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I spent so much time power washing that mat.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I did. A male woman. This is your calling. Yeah.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
No, we're going to do this. No, no, no. It was like, this has to be thrown away.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
In the 30s, good.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
All right. Gasoline soaked. So then we... Well, it smelled like gas.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Hello.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I think the elephant in the room is what will TikTok look like even if it is here Monday? So the Supreme Court had a very large document that they released on Monday at the beginning of their term. They said nothing about TikTok. I think people were maybe overly optimistic that the Supreme Court would do something on Monday.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
That when you want the Supreme Court to do something, they're kind of like a toddler and they're like, yeah, no, we're not going to do that on your day. on your timeline, I was surprised that they took this up. People keep calling it a TikTok ban. That's not to be a legal nerd about it. That's not technically accurate. But Congress passed a law.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
That law got challenged by TikTok and TikTok creators. It went through the court system. The courts held the law constitutional. It seems that the Supreme Court is also going to hold that law constitutional. That law has a deadline as of January 19th. And that means that not only does TikTok have to separate from ByteDance, but the TikTok US can't use the ByteDance algorithm.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Ellis Marine detailing if you're in the Savannah area. If you're in the Savannah area. Boats get smelly.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
The repercussion for that is if companies continue to support TikTok with ByteDance attached to it, ByteDance being the company in China or partly owned in China that operates TikTok, if that doesn't happen by the 19th, which is not going to happen by the 19th, it can't be offered in the App Store and other companies, and everyone keeps forgetting to talk about this, but other companies supporting the app
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
can be penalized and fined for supporting it, including Cisco, who hosts all the TikTok servers in Virginia. So if you don't have a server, you don't have an app, regardless of the app store. If TikTok divests from ByteDance, they will be allowed to be back in operation in the US. The lawyer for TikTok said that TikTok will not divest from ByteDance,
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
and the algorithm it's not just who owns the app it's the algorithm of the app so if tick tock is going to operate going forward in the us they will have to use a different algorithm they cannot use the algorithm they use now which everyone who used tick tock says but it's the best algorithm it shows me what i want to see the algorithm knows me And the U.S.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
government is saying, right, that's the problem. It's not just that it won't be in the app store. It might not have servers. It will inevitably have security issues. And TikTok has said, we want to use the algorithm that we want to use. And the U.S. government has said, you can't do that.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
without reading off the name the summary of the name is the protecting americans from foreign adversary owned applications and something something something app it's like pfaa fa something but essentially protecting americans from foreign adversary owned applications is the the core of the app the first app that's being targeted under this is tick tock
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
could we see other apps targeted at the supreme court they were asking about xian and timu that came up quite a lot but both of those apps from my look it seems that those apps are not owned and held in china or have any part of chinese ownership though they are apps that come out of the economy in China, it seems that some of those are held offshore in the Cayman Islands and elsewhere.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
So those apps are a little bit more nuanced of a discussion. But could this impact other apps down the road? Yes. But it is the foreign adversary owned that is the key of the issue there.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It gave gas. I'll tell you how.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
He was like, you need to get the ozone mask.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yes. Come this weekend, TikTok will forever be different because the algorithm is the issue. And the justices were asking, look, can't you use a different algorithm? And the TikTok lawyer said, we don't want to. And I don't mean TikTok lawyer is a pejorative because people use that. They look at me and they're like, oh, that YouTube lawyer. I'm like,
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
well no if google was paying me it'd be a whole different thing but i don't mean it pejoratively the lawyer for tick tock at the supreme court said we have the right to operate our business the way we want to and the justices jumped on that and said look we have a long history of antitrust law where we make companies sell off parts of companies we tell companies they can't operate in a certain way we divest monopolies we approve sales we disapprove sales we tell op businesses how to run often
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
machine or whatever and it's for it's usually for when people like smoke cigarettes in their house and like it's a rental or whatever and they have to so they have to like ozone a house to like get the cigarette smell out and so you can he like ozoned my car this guy Logan his name's Logan he's in the Sherman Oaks area we got we got a guy you got a guy if anyone knows Logan's auto detailing and coding
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And they do in the world of antitrust. We haven't seen it in an app like this. And most people I would imagine who use TikTok casually, especially the younger audiences, have no perception of antitrust law in the US because why would you? They're not interested in whether railroads ran monopolies and how the government forced breakups of telecoms.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Like it's not on the radar and they're not teaching it in school. But yes, the government can control how you do business. And cynically, when people say, well, Meta has a bunch of our data, YouTube has a bunch of our data, right, well, the government can leverage some amount of control over Google, over Meta. We've seen Zuckerberg dragged in before Congress and questioned.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
They can't drag ByteDance into Congress and question them. So does the government care about data privacy? Do they care about ownership? Do they care about control? I think that's open for conversation, but There are some big concerns with security with TikTok.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And I'm not just a TikTok hater, but when large TikTok creators use it on a phone that is completely clean, that has no other apps on it, that doesn't connect to their home Wi-Fi, there's a reason. When most industry won't allow TikTok on work phones, there's a reason. There's a bunch of lawsuits about what TikTok logs.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
If you tell TikTok not to grab your contacts, there's a lot of evidence that it still does. If you tell TikTok that you don't want to sell your data, it still discloses it. So there's a lot there.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And lawsuits have alleged for quite a while that TikTok keystroke logs your phone, meaning that if you're texting your mom, that there are allegations that the TikTok app can gather that data, even if the app's not open, if it's on your phone. So there are some data privacy concerns here. The what about is really the argument I've seen on the Internet. Well, what about Facebook? What about Google?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
What about what about? Well, this law is not about them. So we're focused on the one.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
the lawyers at the supreme court said in their briefing that china has disallowed by dance from selling so they've been told no and the government lawyer interestingly said we are now at a game of chicken literally said that in front of the supreme court we're at a game of chicken They have had more than 270 days notice that this was going into effect.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
This has come up pre-2020 because this wandered through the Ninth Circuit courts in California. This has been discussed before this law was passed at Congress for over three years. where they were trying to deal with the data security issues and the keystroke logging and data getting sent back to servers in China to make the algorithm work and to have your information.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
So for over three years, Congress was going back and forth on this in hearings, trying to come up with a remedy. And there was no cooperation there based on the briefings. And so this law was kind of the last resort. And the government has said, we've tried to do this for over four years. We've given them 270 days. They've not done it.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
We need to let the deadline fall because maybe they'll blink after the deadline comes. Maybe they won't. We've been working on this for years. This is not sudden. This is not out of the blue. And that's true. The government's been going after TikTok since before 2020. I think this started in 2018 is when we first started getting rumblings of this in Congress. So they said, time is time.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And I was waiting for her to say, fuck around and find out. But that was never going to happen.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yes.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I think the government will start playing whack-a-mole with it and start going app after app because this app, this law allows for them to go after different apps. And I think that they will probably do that. What I'm incredibly frustrated about in all of this is I feel that Congress has not been transparent with all of what their concerns are.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And I wish that they would take the approach of let's tell people exactly what's going on here and what the concerns are for data security, safety and privacy keeping it mostly secret. A lot of stuff submitted to the court was redacted and private and is above all of our security clearances. But I wish that they would spend a little time sharing all of the concerns on a more broad scale versus
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
This is really helpful info. But he also when I was on the phone with him, I'm like, hey, so like this is what happened. And he was like, well, you could just buy this ozone machine off Amazon. And I was like, I'm not in the business of running this machine myself. I'd like to bring it to you. And he was like, actually, funny story. I spilled gasoline in my sister's trunk two days ago.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Just saying, oh, well, we're going to shut this down and people are downloading another app that is truly from a data security standpoint more concerning. I was surprised. I pay pretty close attention to data security issues, data privacy issues, because they come up in lawsuits. And I'm a nerd and I'm fascinated by it.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But I was pretty surprised by some of the things that the government brought up in their brief that wasn't redacted of things that had happened with TikTok, including U.S. journalists being tracked by the Chinese government with data location through the TikTok app because ByteDance gave that information over.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
because the government was trying to figure out not our government but the chinese government was trying to figure out who was talking to these journalists and to shut down those conversations i paid pretty close attention and i was still like wait what so
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
i'm not surprised people aren't allowed to have it on their work phones i have been one of those parents that does not allow tick tock on my kids phones i don't use tick tock regularly i don't i also have it on a clean phone i do not allow it to attach to my ip address and my wi-fi at home it's on a completely separate
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
phone number completely separate account um i also have emily i feel like i've been changing in front of my neighbors with the doors open for the past three years right now i had no idea if i delete it right now do they still have access to my information
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
if it's off my phone going absolutely it should not going forward it should not um when i took tick tock off my main phone i did get a new phone but i'm also crazy in that way but it should not still have access to your phone i think most data privacy experts would say a hard reset is probably what's um what's needed but a lot of us aren't the target according to the government
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
The government's concern is not for all of us. The government's concern are about truly your kids and my kids. If my 12 year old had the TikTok app, which he doesn't, and was texting me from my home address, if he ever became a member of government or military, China would know who his friends are, who his parents are, where his parents live.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
All the information that when people go into higher levels of government and military can get scrubbed wouldn't be scrubbed because they collected that data when he was a kid so they know where his childhood home is, what schools he went to, what videos he liked, what DMs he sent, what text messages he sent to me, who I am, where I live.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
What I do, so the bigger concern the government has stated is tracking information on those that will become members of our armed forces and our government and how much information they will have on them before they were aware that that was information to keep private. And especially with the keystroke logging, could TikTok see your DMs on Instagram? They allege yes.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And I was like, oh, my God. He's like, I'm taking the ozone machine over there right now to run this bitch. I'm like, damn, let me know how it worked. We were connected.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Could TikTok see your text messages? They allege yes. And are they keeping large maps of who we're all connected to?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
yes that's what the government says whether people believe the government or not i wish the government would be more transparent about it but i also think the government's trying to um limit what they know that we know that they know that we know so that makes it hard assuming well because it sounds like this is moving forward who benefits and what in just in your opinion who you know where do you think users will start turning to
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I worry for all the creators and so many creators that grew during the pandemic on TikTok and have found it harder to grow on other platforms. I understand it. Having a massive following on TikTok doesn't mean you'll have a massive following on YouTube.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I'm not surprised that both YouTube, much to my regular complaint, and Instagram have leaned into their shorter form vertical video content because I think both companies are hoping that the TikTokers will migrate there and that everyone that's large on TikTok will be like, hey, go follow my YouTube.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But I think we'll see disbursement between threaded apps like Thread's Blue Sky Twitter, and Twitter is... paying people for video, whether they want to be there or not. But I also think we'll see people going to platforms like YouTube, which algorithm is very different to Instagram.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Oh, it smells great. I mean, it's like the smell of ozone, but way better than gas. What is the smell of ozone? It's not gas. Yeah, it's fine. What's ozone?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And I'm sure something else will spring up or TikTok will eventually sell and create a new algorithm for the US market. And it will be a completely different app. But people will use that. So I also have concerns for everyone that's built their business and their following on TikTok and is now somewhat panicked about where to go. These rumblings have been there.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And we won't.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I think people thought the government really wouldn't do it. And I'm not surprised that Americans are like, wait, our government does stuff like that doesn't shock me that that's the overarching feeling that our government gets nothing done until it's getting rid of TikTok. Right. I understand why people feel that way.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
oh you're gonna you're gonna love this have you seen the ditty filed motions yesterday to undo some of the protective orders over videos of his victims yes something can you educate our audience i've seen something to the effect but i've yeah so currently there's a protective order in the sean combs criminal case with the us and we are just talking about the criminal case not everything going on in all the civil cases
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
there's a protective order regarding the evidence in this case including videos that the government says are videos of the quote-unquote freak-offs that have been described by the government in detail as being part of the trafficking scheme that he is being charged with in cases where there are sensitive video whether that video involves minors or not
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
it's not unusual that prosecutors will not have that video on their work computers nor will they turn it over to the defense that's normally held by law enforcement and if you want to review the video you have to go to the wherever the station is sit down with law enforcement and review the video on those computers with law enforcement there those videos are not just handed out like other discovery they're not put in discovery portals
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
diddy's lawyers are arguing that these videos show these are these are diddy's lawyers arguments
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
these videos show consensual encounters that they show that victim one is uh in charge and enjoying herself they put that in their motion and that because these videos are consensual encounters and are reading material that the government should be required to turn those over to the defense because the defense wants to
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
digitally enhance the audio digitally enhance the video examine the metadata have experts review the videos have witnesses review the videos and diddy's lawyers said that the government's failing to turn over these videos shows that the government is sexist their words, paternalistic and puritant. So did Diddy's lawyers argue that the government was kink shaming him? Yes, they did.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Did they argue that the government is being sexist because the government does not realize that these videos are of a empowered woman who has agency? Yes, they did. So they argued that Diddy's a feminist at the end of the day and that women have agency. That's crazy.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
You are articulating it very well. The lawyers are lawyering, which is their job. And it is hard for me in the Diddy case sometimes to separate my own feelings about the case with the lawyers are lawyering because sometimes the arguments are so wild. You're just like, oh, I got to take a deep breath on that one. But with the. preservation notice. This is incredibly common.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It happens in a lot of cases. Hey, we think there might be something there. You're on notice to preserve all this stuff. I call it colloquially when I stream about this, the don't delete your shit notice. It's, hey, we might be subpoenaing you or we might sue you. Delete any of this shit relating to all of this. Hold on to it. Preservation notices are a regular and common practice. The fact that it
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
seems to have been given to Variety is interesting because Variety reviewed it. Somebody gave it to Variety. I cynically don't think it was Disney that did it. But it's always funny to me when you see lawyers saying, how dare you give this complaint that would not be public to The New York Times?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
to go ahead and give this demand letter to variety it's it's same same so are the lawyers lawyering yes does this mean disney's going to get sued not necessarily do lawyers often go after the deepest pockets they can find yes that's where the money is these right now are all so the remedy in civil is money we're not talking about like the diddy case a criminal case
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
so could disney get looped into all of this we'll see but that becomes very expensive if you if you are on the baldoni wayfarer side strategizing this fighting the pr team is one thing fighting blake lively if they sue her directly as another fighting the new york times is another you start bringing disney into it you're now fighting a war on like five fronts
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
and that can exhaust your resources incredibly quickly all of this is multi-million dollars of litigation so strategically does leaking the demand letter put pressure maybe on disney Who knows? Are they trying to roundabout pressure Sony? Who knows? But demand letters are common. It doesn't mean Disney will get sued. We'll see. Would suing Disney at this point benefit them?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I don't I don't think so. But they think that what nice fool was making fun of Justin Baldoni because he identifies as a feminist. Well, I guess Diddy does, too, now.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
So it was making fun of Diddy. It wasn't Justin. It was Diddy.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And they would, I think, to double's advocate with you for a minute, I think they would say that
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
blake lively did that first by giving the complaint to the new york times so i think the lawyers on baldoni's side would say we're responding to what you did and we have to respond and so we're going to respond in court and out of court but lawyers um that often deal with the media are going to do things on both fronts on all sides like everyone's team is going to do that
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
wow emily this is a ton of information you gave us uh we really appreciate you uh just setting the record straight so it's so fun to pick your brain yeah it's always great to talk to you guys and i think there's a lot there's a lot underneath all of these things that the headlines don't always capture well and i think there's also a lot of um especially with regard to tick tock i've seen a lot of stress in the unknown of
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
what's going to happen so i always remind everybody look follow your favorites on multiple platforms no matter what it helps everybody to grow and there is a lot of stress around tick tock but i don't think there's going to be a reprieve on this one i think it is a um when that deadline hits there's not much that can happen and people have asked if it's going to get undone the next day with an incoming administration
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And it's not easy for a president to change an act of Congress because this was a bipartisan bill passed by members of Congress. So if it's going to get undone, it's generally going to have to be Congress that undoes it. But if TikTok sells, they can be back in operation.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It looks like it is going to happen. So I think prepare for it to not happen or prepare for it to happen. And then if it doesn't, we'll all be surprised. But we've learned a lot more about TikTok than we knew before all of this. And I think that might also inform how people choose to use the app.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
On the left or the right. Honestly.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I wish we had more transparency in all of it, really, at the end of the day, with all of our apps. And maybe if that's what comes out of this, it will be for the better. I think we all should understand a bit better what our apps are doing, and we should be told that.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It would be very kind. Yeah, it would be. It would be generous.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yep. And that's a whole conversation for another day, too, because some of the worst places for that are Roblox, which are things that parents of kids in the eight and nine-year-old range know. But Roblox has a really open chat feature that allows people to access your kids. It's wild.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Thank you. Thanks so much. Thanks, everybody. Also, I'm loving Traders so much. I loved your episode on Traders. I'm obsessed with Traders. I love nothing more than Traders.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Oh, let me know. Look, I'm a huge fan of Dolores, but I know her and I love her. I love Traders so much.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
god i love boston rob but i think he's got a target on his back um i i love dolores like as a human so i'm always rooting for her and i think she's incredibly smart the gentleman from the reality show that i do not know who's already kind of clocked bob the drag queen brother dylan yeah yes he's my front runner You can watch him learning to play the game in real time.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And I'm really excited to see how that plays out because I love watching him learn the game where the people who do the game type shows already know. So I'm really excited to see more from him. But I will say the Law Nerds have been fantasy footballing their Dream Traders cast, and you have come up from every single one for Dream Traders cast.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Every single Law Nerd is like, Nick, Dream Traders cast, get Nick on the list.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Hello.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
They only film for like a week, isn't it? No, it's like three or four weeks.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
In Scotland. Cue the comments being like, absolutely not. We can't have Natalie.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Me and River won't survive.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
That's a very fair point.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Lunch for breakfast. What the fuck is this? I'll be hungry.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I hope it's not. I don't know.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Bye.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I definitely would rather have the U.S. have my information than China.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
If I could delete this up, I would be very happy. Let Zuck sell your soul.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
All right. Remember when we were all scared to do the fingerprint ID on the iPhones when they had that? Because everyone was like, you're giving the government your DNA or whatever, your fingerprint. And now it's like face ID, your eye, you know? They got my eyeballs.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
There's some...
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
That was crazy of her to be like, it's just memes. It's just jokes and be like, OK, fine, guys, I'll read you the message. And then being like, I won't ever share anything you tell me. It will always stay between.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I've never shared. Either way, it's worse. And we can just keep it memes and jokes. It's like, sorry, you left out a huge part of that conversation.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Veins popping out.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
You're going too hard. You're lying about whatever it is you're trying to say you didn't do.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Dirty of Kyle to bring up the meme photo that you don't care about.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Our goal in life is to have every person in the world sleeping on a Helix mattress.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Showing up? Out of everybody? Okay. I guess.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Why everyone has an issue with taking their shoes off is beyond me. These are all some nasty ass bitches. They want to walk through this woman's house with their dirty shoes on?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
No, when I enter someone's house, I'm like, do you want me to take my shoes off? It's a question.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
We're doing waist up shots.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I don't either. Nobody does. I don't care. Just give it up at this point. Who gives a fuck?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But also Sutton sitting after tennis and being like- The infidelity. The infidelity. Well, you had infidelity. No.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Huh? Like the silence at that table that was like so awkward and Sutton being like, things just slip out of my mouth. I don't know how that happened.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Of course. I'll always love Kyle. She's an OG. I don't know.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yeah, no, it was definitely like, I think it's Kyle just playing in and being a housewife. And I think she was trying to accuse Dorit of doing that by being like, you know this relationship and now you're just all of a sudden trying to like be mad at me to like have this storyline and to make these other women turn against me.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
When in reality, I think it's like, well, no, now me and PK are separating. Now I'm not comfortable with you texting my ex. Especially while we're not on good terms. Carry on.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And telling him that you will never share, you have never, you will never share what is spoken between the two of you.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It's also just like the elevator doesn't go all the way to the top.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But at least she has like lasting footage of what she created.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
You could at some point be like, oh, look, this was my house.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I'm not against a full bush in a bikini. Like, I'm not against full bush at all. I mean, I obviously was like pregnant. There's not a lot you can do when you're pregnant. You know, it's like, I don't need Nick, who has only ever shaved his face and his balls to shave my cooch. So I was like, well, I'll just remain how I am. And thank God I was still able to push a baby through it.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
She had fibroids removed, right? 10 or 11.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
We have not.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Oh, wow.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Should we jump ship to Southern Hospitality? Because what the fuck is going on with Emmy? Is she okay? Pulse check. Speaking of veins. That was the most performing. Oh my God.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yeah, that is exactly. That was the most performing performance I've ever seen in my entire life.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I won't allow you to defend Will. This man is so fucking terrible.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
No, he was on episode one.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Let alone your girlfriend. Living girlfriend.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But also, like, Siobhan, the girl who brought this, like...
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
issue up with me being like this is what the rest of the girls think what a bizarre thing to just think of anyone being like she said she had store credit and then we're like giving her money for the like you think she's that was just like a weird assumption anyways you know to make up about someone is like she posted about having store credit or mentioned she had store credit at a store like if i'm being like hey everyone i'm gonna buy us t-shirts
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
from this store like send me your money and I bought a bunch of t-shirts from this store and then the store is like oh my god girl we loved like we loved seeing like here's some store credit you think I'm gonna continue buying stuff for other people and then pocket like that's just a weird way to go around things so you believe her or no
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I believe that that's probably something she did not do. Although her reaction was so bizarre that it was like, this is a nothing. I mean, like you would just be like, no, I'm not stealing.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
So your sister was the type.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
The commission.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I honestly think Emmy had to have been more upset about Will in front of Siobhan and Michaels being like, well, are you pocketing the money? If there's an issue and Nick isn't like, she would never do that. If he's like, wait, well, did you? Like, what? You're going to ask me that? Like, ask me at home later tonight if you think I really did it.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But in front of all these people, have my back and be like, absolutely not.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yeah, that was her being like, he's my mentor. I'm like, girl, pick a new one.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But since having baby, you know, I shave their balls.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
The Grace Lilly bit was hard to watch, I'll be honest. Didn't love the song. No. Maybe with the beat behind it.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
It's an auto-tune. It could be fun, but love the confidence. The men in the room were kind of like, all right, I think we're done here.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
The one sitting on the couch barefoot was that...
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
She does give Kaler.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But also for them to be like, she was talking to all these NFL players and she's like, NBA players, first of all. It is a distinction.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yeah.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
She's like, and what's my background? Who's on my background? It's Will. So, never cheated.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I told y'all I don't like him from the start. He gives me bad vibes.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
TJ.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
All right, well, we'll keep watching.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
But I typically.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Yeah. That's not normal.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Do you think I straighten mine?
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Thankfully, I am married to a man who's like, is that hair? I don't really give a fuck. Same along with like period. It's like, is that blood? I don't really give a fuck, you know, because he's an adult. Thank God. And old as fuck. Thank God. And so, you know, I like I'm busy. I don't have a lot of time to be in the shower and be shaving my whole body. Right.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Like and I definitely cannot shave my legs and my cooch in one go. Like it's just not it's not going to work. It's a lot. So it's you know, it's like. Fine. So yesterday, Nick is like, hey, I booked us massages. And I'm like, oh, my God, that's so nice.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Well, he didn't tell me that.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
So he told me, hey, massage is coming at three.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
I'm like oh great okay so she's setting up in the playroom you know away from the dogs Nick's got River Nick's like why don't you go first I'm like cool I'll go first so I wear my little boy short panties like I always do for a massage put the robe on and I walk in there and she's like hey I'm like hey she's like so do you want to start with like stretching or lymphatic or stretching and lymphatic or and I was like waiting for her to say regular massage and I was like
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
Uh, I guess stretching and lymphatic. She's like, okay. So it was like waiting for me to get on the table. Usually like, you know, they leave the room, let you get under the blanket, whatever. So I was like, what do you want me to wear for this? Because I'm wearing like just underwear. And she was like, oh, underwear is fine. And I was like, and my boobs are good to be out.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
And she's like, I've seen boobs, but if you're more comfortable, you can. And I was like, okay. So she's like, lay on top. And I'm like, on top of the blanket. Okay, so I drop my robe in front of her and I get on the table. She's like, so we'll start with some stretching. And I'm like, okay. And she grabs my leg and she pulls it to the side.
The Viall Files
E868 - TikTok Ban w/ Emily D Baker, Southern Charm w/ Molly, Diddy Updates, RHOBH & the Brad Pitt Catfish
oh fuck so you're topless i'm oh boobs are just out incredible thankfully she was like oh here i can grab i can put this towel over you i know this is your house and like your husband but like if you want and i was like yeah that would be great so she does cover my boobs eventually leg is open and then leg goes up and then other leg goes out and i she's like you need to relax try to relax and i'm like my bush is in your face i can't relax like i