How can insurance save a company from bankruptcy? How does litigation funding work? Why did a lawsuit about a famous wrestler’s sex tape become a warning to journalists everywhere about the power of Silicon Valley?

Welcome to the Insurance vs History Podcast! In this episode, I talk about a case called Bollea v Gawker, which involved Hulk Hogan’s sex tape, and Gawker, one of the first big online news organizations. It also involved tech mogul Peter Theil and a vendetta that resulted in Gawker’s demise. This is the story of how insurance could have saved Gawker, but didn’t—and the very real issues brought up by the trial, namely, the issue of litigation funding, bad deposition preparation, hubris, the rising power of Silicon Valley, and how much privacy public figures are entitled to today. What’s covered by insurance? Where did Gawker go wrong regarding insurance coverage? What does their bankruptcy mean for journalism today? Join me to find out!

Selected Sources and Links:

1.       https://jacobin.com/2016/08/gawker-peter-thiel-bollea-torts-lawsuit/

2.       https://www.nytimes.com/2016/03/18/business/media/hulk-hogan-v-gawker-a-guide-to-the-trial-for-the-perplexed.html

3.       https://lawandcrime.com/high-profile/might-an-anti-gawker-benefactor-be-covering-hulk-hogans-legal-bills/

4.       https://www.nbcnews.com/business/business-news/peter-thiel-vs-gawker-case-highlights-world-litigation-funding-n581726

5.       https://www.forbes.com/sites/mattdrange/2018/01/05/five-things-i-learned-after-meeting-donald-trumps-new-lawyer/

6.       https://www.newsweek.com/charles-harder-gawker-melania-trump-roger-ailes-people-magazine-509926

7.       https://www.salon.com/2023/03/27/what-does-peter-thiel-want-hes-building-the-right-wing-future-piece-by-piece/

8.       https://variety.com/2018/digital/news/gawker-acquired-bustle-bryan-goldberg-1202871999/

9.       https://www.newyorker.com/magazine/2016/12/19/gawkers-demise-and-the-trump-era-threat-to-the-first-amendment

10.   https://finance.yahoo.com/news/thiel-founders-fund-withdrew-millions-005223787.html?guccounter=1

11.   https://www.irmi.com/articles/expert-commentary/when-does-liability-coverage-exist-for-mental-anguish-without-bodily-injury

12.   “Hulk Hogan and the Demise of Gawker Media: wrestling with the problems of celebrity voyeurism, newsworthiness, and tabloidization, Andrew K Antoniou and Dimitris Akrivos, Journal of Media Law 2016, Volume 8, No. 2, 153-172

13.   “Eat Your Vitamins and Say Your Prayers: Bollea v Gawker, Revenge Litigation Funding, and the Fate of the Fourth Estate” Nicole K. Chipi, University of Miami Law Review, Vol 72: 269

14.   The Gawker Stalker, Jason Zengerle, GQ, Vol 86, Issue 12

15.   The Evolution of Mr. Theil, The Economist, Vol 419, Issue 8992

16.   Vigilante Justice: The Implications of Revenge Suits for Third-Party Litigation Funding, Ann-Marie Elvin, The Georgetown Journal of Legal Ethics, Vol 30:719

17.   “Sex, Videos, and Insurance: How Gawker Could Have Avoided Financial Responsibility For the $140 Million Hulk Hogan Sex Tape Verdict” Christopher C. French, Southern California Law Review, 6.20.16

Sources with Paywall:

1.       https://www.law360.com/articles/562091/gawker-not-covered-for-hogan-sex-tape-row-insurer-says

2.       Bringing Down a Media Empire - The New York Times (nytimes.com)

Books:

1.       Conspiracy: Peter Thiel, Hulk Hogan, Gawker, and the Anatomy of Intrigue: Holiday, Ryan: 9780735217645: Amazon.com: Books

2.       Traffic: Genius, Rivalry, and Delusion in the Billion-Dollar Race to Go Viral: Smith, Ben: 9780593299753: Amazon.com: Books

Music Credits:

·       Boulangerie by Jeremy Sherman, courtesy of NeoSounds: Boulangerie, LynneMusic | NeoSounds music library

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