Sunday, June 16, 2013

2015 Lawsuit Update- ADAM BRILLIANT- Excuse Me Sir.. Do You Watch Late Night with Jimmy Fallon on NBC? We will Pay you 50.00..Unless you are Black...

This site is for sale for 100,000 USD

HOLLYWOOD PREVIEWS
RACISM UNCOVERED.
2015 Dateline NBC Update

2015 Story Update  Class Action Lawsuit
The People v Nielsen Ratings, Robert A. Brilliant and Adam Noah Brilliant et.al

As many of you know, our firm has been investigating the firm of Robert Brilliant, a Market Research Firm based in California. After hundreds of hours of interviews, we have determined that there is and was a conspiracy by this firm and its principals Robert Brilliant and Adam Noah Brilliant to provide false and misleading data to NBC Universal Television and Nielsen Ratings based upon a complex scheme to defraud vendors and advertisers on the NBC Network of Channels.  This issue is now the subject of a formal probe by the US Government and the FBI as well as the FCC. This is only a partial statement from one of the witnesses who has been employed by the defendant (see tape 13 at 34b)  

PERSONAL AND CONFIDENTIAL MEMORANDUM FROM A SENIOR MANAGER AT ROBERT A. BRILLIANT's OFFICE (Without supporting Legal Documents for Criminal Case)

Mr. Robert Paisola,

Just a few things. Thank you for your work in exposing this fraud.  I am an employee of Robert A. Brilliant that recently left the company.  I received the Class Action Documents that you sent from your law office.  Please be aware that it was not only Jimmy Kimmel but all the tv pilots, and ad testing came with a 25% max of AA's (African American) (BLACK PEOPLE) allowed per study. For networks like the SyFy Chanel and USA Network (both owned by NBC) it was even smaller and included all ethnicities (hispanic, asians, blacks, others or mixed). We would jokingly refer to them as "whites only" studies.

On a side note. I am not sure if NBC realizes just what they have been paying for over the last 5-7 years to Robert A. Brilliant or if they even care. I would say on in an average testing of a show somewhere in the range of 25% up to 40% of the numbers received are doctored in some way. We would make older people young and younger people old to fit in the demographics needed for NBC. We would change age, gender, race and states in order to get jobs done fast and get them billed.   This was done on a routine basis by Adam Brilliant, My Staff and the Staff of Robert A Brilliant.  This is most likely why I received an FCC Subpoena.  

(Yes, This is why you got the subpoena because the data that was being provided at the Las Vegas and Orlando Sites was bogus data and was obtained in a conspiracy to defraud advertisers) This is why the FBI is now involved.)

Now NBC is paying a lot of money and has an exclusive deal with Robert A. Brilliant Inc. One would think since they have been the last place network for so many years that someone in the executive offices might want to rethink their marketing. We had a whole system set up on how to change things before setting down a tourist to take a survey. We used codes on the paperwork and hand signals among the inside staff.

(This is now MUCH BIGGER THAN A SIMPLE CIVIL RIGHTS MATTER because the advertisers used this data that was DOCTORED to sell Advertising on an INTERNATIONAL BASIS for NBC and its Affiliates)

I also worked for Test America (CRG Global) located inside Planet Hollywood in Las Vegas Nevada. They were just as bad. We would have homeless people take surveys all day long, doing movie trailers for Nielsen Ratings. They would even have the staff do 5 or more surveys in a shift to get work done and bill the client.

(This is now MUCH BIGGER THAN A SIMPLE CIVIL RIGHTS MATTER because the advertisers used this data that was DOCTORED to sell Advertising on an INTERNATIONAL BASIS for Nielsen Ratings and its Affiliates)

Believe me when I tell you it's true. So much bullshit,so many fake and flat out phony surveys that are sold back to the networks and other big name clients for big time money. 

Yes, America, This is only ONE of the people you will meet in our Dateline Special.

Robert A. Brilliant, God Help You, Because YOU AND YOUR SON ADAM NOAH BRILLIANT ARE GOING TO FEDERAL PRISON.

(End of Excerpt) 


AN EXCLUSIVE LOOK AT JUST HOW YOU ARE VIEWED BY NBC TELEVISION, JIMMY FALLON, HOLLYWOOD PREVIEWS, ROBERT A. BRILLIANT and ADAM NOAH BRILLIANT


"adam brilliant" los angeles tv research
Effective January 26, 2014 this blog will be in Syndication.  Additional images will be added, new information is coming and this will be on over 1000 blogs worldwide.  (No.. We can NOT be bought)  ALL IMAGES THAT WERE DELETED FROM THIS SITE ARE BEING RE-ACTIVATED WITH MANY MANY MORE.  (We have a team to detect this kind of illegal activity that is happening- So now this blog is going WORLDWIDE. Great Job Adam Noah Brilliant!

(LAS VEGAS AP, WCM)   Welcome to www.JimmyFallonFacts.com. This is a site that is dedicated to Hollywood, Market Research and what goes on behind the scenes inside the world of Network Television, and racial discrimination that you NEVER SEE.







First of all, let me introduce myself. My name is Robert Paisola and I am the CEO and President of Western Capital Multimedia. We are a media firm located in Las Vegas.

Before we start, let me tell you that many of you are not going to like what you read, see and hear. Everything that we say is backed up and can be verified.  You are about to enter the secretive world of market research and the data that is kept on you, it is a very timely article, as the NSA Document Leak has just occurred and people around the world are reeling from the violations of their privacy. This was reported by our company, Western Capital Multimedia, because We have offices in Utah and this is where the secretive National Security Agency Utah Data Security Center Exists.

Let me be clear. The information you see has been gathered first hand. In other words, I was there. I was the one doing the talking, the qualifying and listening to the orders as they we delivered by management of a company called Robert Brilliant Market Research, Inc.  How did I do this... I went to work for the company to see if it was possible to "Peel back the layers of the onion" and learn about how Market Research is done from the inside out.  Lets watch a short video that will give you an idea of just how I did that

Looks pretty simple right? You find people that are "people friendly" , dynamic and outgoing and then you let them loose in a place like Las Vegas, on the Las Vegas Strip and offer people money to "watch a short TV Show"

Now from watching this video and looking at the signs, it would seem that all you had to do is "Step up to the red carpet, watch some TV. and get paid"  To A Black Couple from Oakland"  Uhhhh... Sir, I'm sorry, your demographic is closed, you will need to check back later.  To a white couple from Iowa, "Sure let me ask you a few questions, and we will get you inside our studios inside BALLYS HOTEL AND RESORT.

Lets look at one of those sheets that you see people carrying around. This was photographed today.

Now, here is what you do not know.  As you walk by we profile you. In other words, we only talk to you if we want to and we think you can get qualified to get paid.   On the Jimmy Fallon Survey Yesterday that is pictured above, the owners of Hollywood Previews, Robert A. Brilliant and his son Adam Brilliant had their employees pass out this sheet
So, Do you see how it works. As the boxes fill up, thats it. No More.

Now lets see what the managers said in addition to the data posted above



These are the exclusions
1.  MEN 18-34 DO NOT GET PAID
2.  WOMEN 18-34 MUST WATCH LATE NIGHT WITH JIMMY FALLON ONLY OCCASIONALLY UNLESS THEY ARE BLACK
3.  MEN 35-49 who are NOT BLACK get paid
NOW...

IF YOU ARE BLACK, AFRICAN AMERICAN OR HOWEVER YOU WANT TO PUT IT... GO TO HELL... BECAUSE THE BOYS AT NBC TELEVISION, LATE NIGHT AT JIMMY FALLON, Robert Brilliant Market Research, Inc and the boys in front of BALLY'S HOTEL want nothing to do with you... "because we have met our quota"

I wonder if Jimmy Fallon Knows about this?  It sure seems that there are some big dogs at NBC Television who know, and they paid a man named Robert Brilliant and his kid ADAM to gather this data.  Now lets look at who Robert Brilliant is:

(From The LA Times) For years, poets and accountants have had us believing that April is the cruelest month. Maybe in the real world that's true, but in the life-and-death world of television, cruel can be any month that ends with a cancellation.
Here we are a few weeks into the new season and several new series have been scuttled or relocated while others seem to flourish. The sometimes-science of market research is one tool used by networks in determining the life or death of much of what we see.
How much do we really know about this research and how it's done and how it influences what so many of us watch?
In the offices of Robert A. Brilliant Inc., a one-of-a-kind operation little-known outside a close circle of television friends, we can begin to get some idea of the process used in judging broadcast shows.
All television networks have research departments and outside consultants to gather numbers on what people like and dislike. But Brilliant, a 20-year CBS veteran, has an exclusive deal with his former network to do market research, analyze audience reactions and suggest first-aid for troubled entertainment shows. He does the same for independent television and film producers. A conversation with him is like taking a first course in the Art of Television Decision Making, without revealing any proprietary secrets, of course.
Brilliant's technique: He counts the beans, then tries to find what the beans mean. Regularly, Brilliant's operatives gather representative samples of the American population and place them in front of screens. Research tells them who to look for, how many women, how many men, how many professionals, etc. The audiences also have a set of buttons to indicate their reactions. Red is a "don't like," green is a favorable vote.
From there, the collection of responses go through computers for compilation. Then all the numbers are dropped on Brilliant's desk for him and his staff of television veterans to evaluate.
It's not just a matter of counting how many people don't like a certain character. More importantly, what they are looking for is what to do to make that character lovable or plausible or acceptable. From there, extensive reports are put together interpreting and analyzing the data, information that goes to the CBS executives for their final decisions.
For CBS this season, some of their program strategies seem to be working favorably. The network is like the two World Series teams it covered: going so far from worst to first.
A small sample of how the network process works: The one-hour show was a mid-season replacement and its ratings were as weak as its future. Researchers determined that the characters and the stories seemed undefined, a sort of video gray mass. What to do? Keep the show on, but make the bad guys unarguably bad and turn one into a role model for b-a-d, but spelled J.R.
Network research into what audiences like or don't like predates commercial television. It started more than 50 years ago when the head of CBS Radio, Frank Stanton, ordered up some studies of the network's audience.
Applied later to network television with its once exclusive and large audiences, research became a major tool in determining what the American viewing public would watch. The task took on new meaning in the late '80s as the three networks saw newcomers moving into their exclusive club: a new network, cable companies, home videos, satellite dishes. At the same time, the cost of making television shows zoomed and failure became just another way to reach bankruptcy court.
--
So, this is what you are told by the media.  Do you believe it? Have you ever wondered just how much money SONY CORPORATION pays to place an ad during the Jimmy Fallon Show.... Well this is how its done.
Here is the question that I must answer. Rob, Do you believe in this process?  Does it work?  Well coming soon we are going to be posting EXCLUSIVE INTERVIEWS with current and former employees of Robert Brilliant and his HOLLYWOOD PREVIEW OPERATION located in the Ballys Hotel.  We are going to show you many more examples of fraud and deceit.  You are going behind the scenes rarely covered, or seen by ANYONE.
1. Who is Robert Brilliant
2. Who is Adam Brilliant
3. Who Tabulates the data
4. How is Caesars Entertainment Involved In This
5.Who the hell is Robert Paisola  www.RobertPaisola.com
Stay tuned... and if you are African American, Send us a message at blackman@jimmyfallonfacts.com
This is The Drummer for Late Night with Jimmy Fallon... NOPE  He would not get paid today. Met the quota!

Do you think President Obama would Get paid to Check out the show.... NOPE.. "Sorry Mr. President, We at Hollywood Previews in Las Vegas and The Robert A Brilliant Orginazation regret to inform you that we have met out quota of Black People... Come Back in a few hours and we will see if there is a new study that you may qualify for"


MUCH MUCH MORE TO COME FROM LAS VEGAS AND ORLANDO FLORIDA VIA THE WESTERN CAPITAL MULTIMEDIA NETWORK , A Special Response from NBC, A Response from Caesars Entertainment, A Response from a Producer at the Jimmy Fallon Show and MUCH MORE.

UPDATE:
Effective June 16, 2013 The Name "Hollywood Previews" is NOT a registered Trademark, Business Name, Corporation or Entity in the State of Nevada.

Because of this issue, our company Western Capital International has Registered the Name and has been Allocated to Our Company along with all trademarks and we will defend this ownership position in Court.
@JimmyFallon #JimmyFallon www.JimmyFallonFacts.com Discrimination in the United States, US Television Networks, Robert Paisola ADAM BRILLIANT, Robert A. Brilliant, @PeopleMagazine @LasVegasNews @WorldNewsZone @VegasNightsLive @Racism, Racism in America, Las Vegas News


ROBERT A BRILLIANT INC

13245 RIVERSIDE DR
SHERMAN OAKS,  CA  91423-5625  |  view map
(818) 386-6600

IT JUST KEEPS GETTING BIGGER AND BIGGER.. LISTEN TO THE MANAGERS!
   NEW YORK, April 18 /PRNewswire/ -- The CBS Television Network today
 announced the opening of the most comprehensive and ambitious research center
 in the television industry. TELEVISION CITY, at the MGM Grand in Las Vegas, is
 a state-of-the-art facility that offers visitors an entertaining destination
 in one of the nation's most vital tourist marketplaces, while at the same time
 providing CBS with a source of continual interaction with its television
 viewing audience.
     The launch of the media center was announced by David Poltrack, Executive
 Vice President, Research and Planning, CBS Television, who designed the center
 and will be responsible for its operation.
     "With TELEVISION CITY, we are establishing a valuable dialogue with our
 audience, one that adds significant enjoyment of the entertainment product and
 services provided to them by CBS and all of the other Viacom networks," said
 Mr. Poltrack.  "I look forward to working with our partners -- the MGM Grand,
 SonyStyle and ACNielsen Entertainment -- as well as our clients, to realize
 the full potential of this venture."
     Operating under CBS's direction, TELEVISION CITY will also be available to
 all Viacom properties for focus groups, tracking of public opinion on
 programming, and other research and development needs.  The Center's
 centerpiece Promotional Display includes material from all of Viacom's
 television programming entities, including CBS, MTV, VH1, Nickelodeon, UPN,
 King World, Paramount Television, Showtime, TNN and CMT, among others.  In
 addition, Viacom's Paramount Parks will manage the center for CBS.
     "The media landscape is more competitive today than ever before," said
 Leslie Moonves, President and Chief Executive Officer, CBS Television. "Only
 by staying in close touch with our audience can we continue to succeed and
 grow. This center, drawing on a Las Vegas tourist base of 37 million annual
 visitors, will give us a significant competitive advantage as we develop the
 programming of the future. I am particularly pleased that the entire family of
 Viacom television companies will take part in and benefit from this innovative
 project.  I'd like to thank and congratulate David Poltrack for getting it off
 the ground."
 
     The new TELEVISION CITY consists of the following elements:
     -- A Promotional Display featuring 46 Sony video display units including a
        3'x3' video cube, a 3'x3' video wall, a state-of-the-art digital
        projection wall and a Home Theater with HDTV.
     -- Two Screening Rooms for Program Testing, powered by ACNeilsen
        Entertainment's ReelResearch system. Each seat is equipped with a
        SeePoint Touch Screen computer linked to the Internet, allowing CBS and
        its partners to author questionnaires and track viewer response from
        New York and Los Angeles.
     -- Two Focus Group rooms with video conferencing capabilities for Program
        Testing.
     -- Interactive computer kiosks (also employing ReelResearch) providing
        high speed access to all of the Viacom Television related Web sites.
     -- A retail outlet, operated by the MGM Grand, offering a variety of
        merchandise tied to Viacom' s television networks and programming.
 
     In addition to Paramount Parks and the MGM Grand, CBS will have several
 other key partners in the operation of TELEVISION CITY. ACNielsen
 Entertainment will manage the TELEVISION CITY Entertainment Panel and the on-
 site, online surveys. Sony Electronics Inc., and SonyStyle have built the
 audio-visual infrastructure of the center and will continue to furnish the
 Home Theater display. Robert A. Brilliant, Inc., the long-term provider of
 program testing for CBS, will continue in that role at TELEVISION CITY, and
 FocusVision will provide its state-of-the-art video conferencing system that
 will allow executives to view research sessions conducted at the center from
 their offices in New York and Los Angeles, and on their computers via the
 Internet.
     Ongoing data obtained at TELEVISION CITY will provide CBS and its partners
 with both daily and long-term reports. On a daily basis, Program Screenings
 and Focus Groups will monitor viewer reaction to specific programming and
 promotional content.  At the same time, the TELEVISION CITY Entertainment
 Panel will offer longer-term consumer feedback. Visitors accepting an
 invitation to join the Entertainment Panel will be surveyed periodically about
 a range of Viacom entertainment products and services either through a
 dedicated Web site or via telephone.  Over time, the Panel will provide
 valuable longitudinal measurement of major trends in the entertainment
 marketplace and track the progress of specific Viacom branded products and
 services.
     In addition to program testing, CBS will also offer its clients and
 partners the opportunity to conduct their own research to help develop and
 execute television advertising campaigns.
 
     CBS Television is comprised of the CBS Television Network -- with more
 than 200 owned and affiliated stations reaching virtually every television
 home in the United States; the Network's programming arms CBS Entertainment,
 CBS News and CBS Sports; and CBS Enterprises, a global leader in distribution.
 
 

SOURCE  CBS Television

RELATED LINKS
http://www.cbs.com



2015 Story Update  Class Action Lawsuit
The People v Nielsen Ratings, Robert A. Brilliant, Hotbox Event Marketing and Adam Noah Brilliant et.al



As many of you know, our firm has been investigating the firm of Robert Brilliant, a Market Research Firm based in California. After hundreds of hours of interviews, we have determined that there is and was a conspiracy by this firm and its principals Robert Brilliant and Adam Noah Brilliant to provide false and misleading data to NBC Universal Television and Nielsen Ratings based upon a complex scheme to defraud vendors and advertisers on the NBC Network of Channels.  This issue is now the subject of a formal probe by the US Government and the FBI as well as the FCC. This is only a partial statement from one of the witnesses who has been employed by the defendant(s)
 (see tape 13 at 34b)  

PERSONAL AND CONFIDENTIAL MEMORANDUM FROM A SENIOR MANAGER AT ROBERT A. BRILLIANT's OFFICE (Without supporting Legal Documents for Criminal Case)

Mr. Robert Paisola,

Just a few things. Thank you for your work in exposing this fraud.  I am an employee of Robert A. Brilliant that recently left the company.  I received the Class Action Documents that you sent from your law office.  Please be aware that it was not only Jimmy Kimmel but all the tv pilots, and ad testing came with a 25% max of AA's (African American) (BLACK PEOPLE) allowed per study. For networks like the SyFy Chanel and USA Network (both owned by NBC) it was even smaller and included all ethnicities (hispanic, asians, blacks, others or mixed)We would jokingly refer to them as "whites only" studies.

On a side note. I am not sure if NBC realizes just what they have been paying for over the last 5-7 years to Robert A. Brilliant or if they even care. I would say on in an average testing of a show somewhere in the range of 25% up to 40% of the numbers received are doctored in some way. We would make older people young and younger people old to fit in the demographics needed for NBC. We would change age, gender, race and states in order to get jobs done fast and get them billed.   This was done on a routine basis by Adam Brilliant, My Staff and the Staff of Robert A Brilliant.  This is most likely why I received an FCC Subpoena.  

(Yes, This is why you got the subpoena because the data that was being provided at the Las Vegas and Orlando Sites was bogus data and was obtained in a conspiracy to defraud advertisers) This is why the FBI is now involved.)

Now NBC is paying a lot of money and has an exclusive deal with Robert A. Brilliant Inc. One would think since they have been the last place network for so many years that someone in the executive offices might want to rethink their marketing. We had a whole system set up on how to change things before setting down a tourist to take a survey. We used codes on the paperwork and hand signals among the inside staff.

(This is now MUCH BIGGER THAN A SIMPLE CIVIL RIGHTS MATTER because the advertisers used this data that was DOCTORED to sell Advertising on an INTERNATIONAL BASIS for NBC and its Affiliates)

I also worked for Test America (CRG Global) located inside Planet Hollywood in Las Vegas Nevada. They were just as bad. We would have homeless people take surveys all day long, doing movie trailers for Nielsen Ratings. They would even have the staff do 5 or more surveys in a shift to get work done and bill the client.

(This is now MUCH BIGGER THAN A SIMPLE CIVIL RIGHTS MATTER because the advertisers used this data that was DOCTORED to sell Advertising on an INTERNATIONAL BASIS for Nielsen Ratings and its Affiliates)

Believe me when I tell you it's true. So much bullshit,so many fake and flat out phony surveys that are sold back to the networks and other big name clients for big time money. 

Yes, America, This is only ONE of the people you will meet in our Dateline Special.

Robert A. Brilliant, God Help You, Because YOU AND YOUR SON ADAM NOAH BRILLIANT ARE GOING TO FEDERAL PRISON.

(End of Excerpt)

The case is New Delhi Television Ltd. v. Nielsen Holdings NV et al., case number 652589/2012, in the Appellate Division of the Supreme Court of the State of New York, First Judicial Department.

Robert Paisola Investigative Journalist
@RobertPaisola
robert.paisola@mofolaw.com

Sources:
NBC.COM
FCC.GOV
FBI.GOV
Caesars Entertainment Company (CZR)
Ballys Hotel and Resort in Las Vegas
MOFO.COM
RobertPaisola.com  
The Hollywood Reporter

MUMBAI, India — A leading Indian television network has sued the Nielsen Company, accusing its Indian joint venture of providing “false, fabricated and manipulated data” on TV ratings for almost a decade.

The Indian network, New Delhi Television, or NDTV, says the manipulated data cost it nearly a billion dollars in advertising revenue, and the suit is seeking several billion dollars in damages.
The company filed the suit late last week in New York State Supreme Court against Nielsen; its Indian joint venture, TAM Media Research; and Kantar Media Research, which owns a 50 percent stake in the Indian business.
NDTV, which is best known for broadcasting a 24-hour English-language news station, accuses employees of TAM of manipulating ratings in exchange for kickbacks from other TV networks. It further says that Nielsen, TAM and Kantar executives did not move to address the problems when NDTV presented “evidence of corruption and manipulation” to them earlier this year in several meetings, some of which were attended by senior Nielsen and Kantar executives.
TAM declined to comment on the case. A spokeswoman for NDTV, Renee Chandola, also declined to comment.
India’s TV business has boomed in the 20 years since the government allowed private companies into broadcasting, with dozens of channels offering news, entertainment and sports programming. But many Indian TV networks, some of which are owned by politicians and corporate tycoons, earn little or no profit, analysts say, because of fierce competition among them.
NDTV, which competes with more than a dozen big news channels, lost 260 million rupees ($4.7 million) in the three months that ended June 30, more than the 179 million rupees it lost in the same period a year earlier. The company’s stock closed at 53.20 rupees (about 96 cents) on Tuesday, down from a record high of 499 rupees in early 2008.
TAM, which was created from the 1998 merger of two competing ratings firms owned by Nielsen and Kantar, has been accused of providing incorrect ratings data in the past by an Indian newsmagazine, Outlook, and one of the country’s biggest TV networks, Zee. Still, it remains the definitive source of ratings in the country and its data is used by Indian advertisers and networks to price airtime.
In its suit, NDTV accuses the defendants of fraud, negligence, misrepresentation, conspiracy and other offenses. The company argues that TAM ratings were easily manipulated because the company collected data only on the TV watching habits of 8,150 homes equipped with electronic monitoring devices. By comparison, NDTV argues the sample size for TV ratings in China, a country of comparable size to India, is 55,000 homes. NDTV said it asked TAM to collect data from at least 30,000 homes, but was rebuffed because the ratings firm said that would be too expensive.
NDTV said two field employees of TAM met its executives at a Mumbai Ramada hotel in April and offered to help the channel lift its ratings if it agreed to pay them $250 to $500 for each home that they got to watch NDTV’s channels. NDTV said it had a security firm photograph that meeting. It recorded another “sting operation” on video, which it later showed to a Nielsen security executive visiting from the United States, Robert Messemer. It also introduced Nielsen executives to a consultant who said he was a go-between for TV channels in their dealings with TAM employees.
The Hollywood Reporter reported on the NDTV lawsuit on Monday.

India TV Network Wants Nielsen To Face Corruption Suit In NY

Law360, New York (October 17, 2013, 5:24 PM ET) -- A New York court should decide if Nielsen Holdings NV should answer for the pervasive corruption and monopolistic behavior at the Indian joint venture that implemented its ratings process, an Indian television news network's attorney told a state appeals court Thursday.
Thomas Souther of Pepper Hamilton LLP, who represents New Delhi Television Ltd., told an appeals court panel in Manhattan that a trial court judge was wrong to rule there wasn't enough of a connection to New York to keep the allegations — that Nielsen's affiliates in India had demanded bribes in exchange for ratings, tried to monopolize the ratings market in India and corrupted the Nielsen television ratings process — in the Big Apple.

Souther said that when NDTV told Nielsen about its concerns with the ratings company in India — TAM Media Ventures Private Ltd., a joint venture of Nielsen and U.K.-based WPP PLC subsidiary Kantar Group Ltd. — Nielsen's headquarters in New York dispatched high-level investigators to India and even hauled evidence and computers back to New York to review.

"This is a case about promises and made and broken by Nielsen, a New York company," Souther told the five-judge panel during a hearing in Manhattan.

But a lower court judge, O. Peter Sherwood, had dismissed the case in March because he said it belonged in India, where TAM is based and where he said the majority of the alleged conduct occurred.

Souther told the panel Thursday that Judge Sherwood's finding was based on "a fundamental disconnect" that the case was about TAM, when in fact the claims that the NDTV had brought against Nielsen could only be brought in New York because there's no jurisdiction in India against the American entities.

But Aidan Synnott of Paul Weiss Rifkind Wharton & Garrison LLP, who represents Nielsen, said virtually everything about the case tied it to India and that NDTV should be suing TAM.

TAM, an Indian company, was the one that implemented the Nielsen ratings process and sold the ratings data to an Indian television network; nearly all of the relevant witnesses and evidence are with TAM; the investigation was done in India; and only one New York-based employee was dispatched to the subcontinent, he said.

"TAM is clearly a necessary party. Tam is clearly, if there is a bad party here, the bad party," Synott told the five-judge panel.

He said that experts in the case didn't have enough information to say definitively if Nielsen could be hauled into the courts in India. He also noted that NDTIV had dropped Kantar, which Judge Sherwood had dismissed, on the appeal.

Justices Helen E. Freedman, Richard T. Andrias, Peter Tom, David Friedman and Darcel D. Clark sat on the state appeals court panel.

ND TV is represented by Thomas Souther of Pepper Hamilton LLP.

Nielsen is represented by Aidan Synnott of Paul Weiss Rifkind Wharton & Garrison LLP.

The case is New Delhi Television Ltd. v. Nielsen Holdings NV et al., case number 652589/2012, in the Appellate Division of the Supreme Court of the State of New York, First Judicial Department.

--Editing by Rebecca Flanagan.

2 comments:

  1. Great job, Robert! If the networks paid as much attention to creating the best programs for the public as they do in trying to decieve us, they would all be on top. Thanks for keeping us informed.

    ReplyDelete
  2. Thank you so much. There is so much more that will come out.
    Rob

    ReplyDelete