Viacom Replaces Celebrity Lawyer on Eve of YouTube Appeal

Getty ImagesTed Olson The 2nd Circuit Court of Appeals on Tuesday heard Viacom's arguments whya judge wrongfully overlooked its billion-dollar copyright breach suit against YouTube. The federal government courthouse was filled with Viacom employees, Google lawyers while others in pricey suits who had proven around witness a hearing that could shape the way ahead for the net. STORY:Viacom, Google Get Ready For Fight in Appeals Court Over YouTube Copyright Issues But there's one person not attending: Ted Olson, the celebrity attorney from Gibson Dunn & Crutcher who Viacom had hired with much fanfare to cope with its appeal before a 3-judge circuit panel. Round the eve in the hearing, Olson happen to be transformed since the lead litigator by Paul Cruz, chair in the appellate practice at Jenner & Block and your partner within the Viacom team. Why? The Hollywood Reporter attended the hearing Tuesday and spoke with several people inside the viewer's gallery that are connected to the situation. Here's whatever they mentioned: EXCLUSIVE: Google Solutions Viacom in YouTube Appeal Inside the days just before the problem, both sides completed mock proceedings to organize with this particular important appeal. Google's team expressed confidence after watching the meticulous preparation of the lead litigator, Quinn Emanuel's Andrew Schapiro. Meanwhile, while several folks apparently connected with Viacom expressed their unique belief inside the situation, the big talk ornamented Olson, who, according to one individual who mentioned to own known the rehearsals, happen to be transformed due to not adequately prepared to discuss an important problem: how YouTube had derived "direct financial benefit" from hosting copyrighted material on its servers -- one of the prongs in creating vicarious liability beneath the Digital Millennium Copyright Act. THR showed up at to Viacom, Olson as well as the Gibson firm to explain his absence from Tuesday's hearing and to resolve the chatter inside the gallery. ANALYSIS: Viacom's Appeal inside the YouTube Situation Gibson declined to comment. Viacom's general counsel Michael Fricklas notifies THR in the statement: "Ted Olson and also the team are actually and it's still an important part of our appellate strategy. I used to be fortunate to own two great appellate lawyers that could argue the problem, and made a decision that Paul Cruz, who was simply mixed up in earliest occasions of the suit, appears for Viacom today." Olson, the first sort solicitor general from the united states . States, is amongst the prominent lawyers within the u . s . states. His choice of cases involve winning Rose rose bush v. Gore, the landmark Top Court decision that put an finish to recounts inside the 2000 presidential election, and finding some success in Perry v. Schwarzenegger, the problem that challenged the constitutionality from the California ballot proposition barring same-sex close ties. STORY: Viacom Pals Back Advantage of YouTube Decision Viacom highlights that although Olson did not attend the hearing, among his fellow Gibson co-employees was there. However the organization doesn't dispute the conscious decision is built to possess someone aside from Olson handle dental arguments Tuesday. "Viacom is fortunate being represented by exceptional counsel including experienced lawyers from Gibson Dunn, Jenner & Block and Shearman & Sterling," the business states in the statement. "Paul Cruz was selected to supply Viacom's arguments today because of his outstanding experience on these complaints and also the qualifications just like a highly respected appellate lawyer." E-mail: eriqgardner@yahoo.com Twitter: @eriqgardner Viacom YouTube