Employment contract signing.A lawsuit involving the Public Broadcasting Service and former television host Tavis Smiley is creating the kind of drama that would make the cast of Downton Abbey blush, and that includes Maggie Smith in her role as Violet Crawley, Dowager Countess of Grantham. That is because the litigation centers on an alleged breach of the “morals clause” included in the agreement that gave rise to the Tavis Smiley talk show, which PBS used to air nightly beginning in 2004. While the case is still pending, a recent ruling relating to the interpretation of that morals clause provides some very useful lessons—but first, a bit of background.

Nothing To Smile About

Through his company TS Media, Smiley initially contracted with PBS in 2002 to produce and distribute the program. That agreement was renegotiated and extended each November thereafter, the last time being in 2017, which contemplated production and distribution of the talk show for its 15th season, commencing in 2018. But in late 2017, PBS received an anonymous complaint regarding alleged sexual misconduct by Smiley, triggering an investigation by PBS’s outside legal counsel.

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