Case 2:11-cv-00652-CW Document 25-1 Filed 12/13/11 Page 1 of 7

Jonathan Turley {Pro Hac) 2000 H St., N.W. Washington, D.C. 20052 (202) 994-7001 jturley@law.gwu.edu Adam Alba, 13128 2167 N . Main St. Centerville, UT 84014 (801) 792-8785 adam.alba@gmail.com Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

K O D Y B R O W N , MERI B R O W N , J A N E L L E B R O W N , CHRISTINE B R O W N , ROBYN SULLIVAN, Plaintiffs,

V.

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DECLARATION OF DAVID TENZER Judge Waddoups Civil No. 2:1 l-cv-00652-CW

G A R Y R. HERBERT, in his official capacity as Governor ofUtah; M A R K SHURTLEFF, in his official capacity as Attorney General of Utah; JEFFREY R. B U H M A N , in his official capacity as County Attorney for Utah County,

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Defendants.

DECLARATION OF DAVID TENZER

I, David Tenzer, do declare: 1. I am a talent manager working with the Brown family, who are the plaintiffs in this action.

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2. I am an entertainment lawyer, talent manager, and business consultant, with extensive experience in many sectors of the media industry, including television packaging, branded entertainment, talent representation, sponsorships and endorsement. 3. I am the Managing Director of the Personalities and Lifestyle Division at Generate, a management, production and marketing company, with offices in Santa Monica, California and New York. 4. I also maintain an entertainment law practice as the Law Office of David Tenzer, P.C., located at 305 South Carmelina Avenue, Los Angeles, CA 90049. 5. I have also been engaged in several prior instances as an expert witness in the area of entertainment law and talent representation. 6. Over roughly 30 years, I have represented artists and companies in all areas of entertainment, including actors, writers, directors, producers, on-camera personalities, lifestyle experts, film and television distributors and digital content providers. 7. This includes 24 years (1982-2006) of work at Creative Artists Agency in Los Angeles, one of the world's leading talent agencies. 8. My time at C A A included work as an executive in Motion Picture Business Affairs before transferring to the Television Division, where I was later named the head of Television Business Affairs. I also worked as a Television Agent, working first in television movies, then covering CAA's projects at CBS. 9. I co-founded and either operated or co-operated CAA's Intemational Television Department, Alternative Programming Department, and later its Lifestyles Department. During my tenure at CAA, I also worked with the agency's New Media, Film Financing and Marketing Departments, handling clients such as eBay, Delta Airlines and Procter &

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Gamble. 10. This is my second year representing the Browns, and I handle the full array of mediarelated business affairs for the family. 11.1 was informed recently by the lead counsel for the Brown family, Jonathan Turley, that the Court had asked for evidence of the costs for the Browns due to their legal status in Utah. 12. I am aware that the family has already submitted three personal declarations detailing their injury from the state law and investigation. 13.1 was initially surprised that the question of injury or standing would be in doubt for a family defmed by the state as a criminal relationship, particularly a family that is featured on television and engaged in other media activities. 14. 1 understand that the Browns are not just defmed as a criminal relationship under Utah law, but have been publicly denounced by the prosecutors as committing crimes every night on their show, and have been the subject of a very public criminal investigation for over one year. 15. As a professional in the entertainment field with three decades of experience, it is clear to me that celebrities who have been publicly defined by state law as criminals, and denounced by prosecutors as de facto criminals, would have a dramatically reduced ability to secure business opportunities and contracts. 16. As an expert in this field, I doubt the Court could find any experienced lawyer or talent agent who did not confirm that the criminal statute in this case has an obvious and direct negative impact on the ability of this family to secure opportunities and contracts.

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17. As a personal representative for the Brown family, I can attest to the fact that the impact of this presumed criminal status has been prejudicial to the Browns. 18.1 have handled various business and entertainment matters arising from or related to the Browns' reality show, Sister Wives. The fact that the family is defmed as a criminal relationship under state law has, in my opinion, reduced the number of opportunities from companies, which would not be comfortable associating with them in light of their legal status. 19.1 have spoken with other talent representatives, executives and entertainment lawyers who have confirmed that the public identification of the Browns under statute (and expressly by prosecutors) as de facto criminals creates a significant barrier for most companies and organizations. 20. One executive confirmed to me that the existence of a statute defining the family as a criminal relafionship would be a "non-starter" for a potential corporate sponsor. 21. With prosecutors saying that they both believe the Brown family to be committing crimes every night on television as well as reserving the right to prosecute the family for such alleged crimes, such companies would not want to risk association with the family when it could be tied later to an arrest or criminal case. 22. Any expert in this field (including myself) can confirm how the threat of prosecution has resulted in the loss of existing contracts and the deterrence of contracts for a wide array of celebrities accused of possible crimes. 23. As the success of the television program attests, I believe that many viewers have changed their view of plural families in watching Sister Wives and the family members remain popular personalities with many people.

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24. However, few companies feel comfortable associating with a family that has been declared by prosecutors as committing felonies on their program and defmed as criminals under state law. 25. Indeed, most endorsement contracts have clauses that allow for termination due to the commission of a crime - whether such a crime is actually charged or not. 26. Thus, the Utah law places the Browns immediately in breach of standard contracts by being defmed as a criminal association or relationship. 27. The statements of prosecutors regarding the television program seemed perfectly tailored to chill any opportunities for the Browns in this regard: by saying that the Browns commit crimes each night on their television programs, the prosecutors have created a threshold barrier for a standard contract in this industry for the family. 28. When these comments and the very public criminal investigation are combined with the state statute, it creates an obvious chilling effect on the ability of the family to secure business opportunities and contracts. 29.1 have also been personally aware of the costs to the family in living under the constant threat of arrest under the Utah law. 30.1 understand that the family exhausted much of its savings to move to Nevada to protect their children from the constant uncertainty and stress of the criminal investigation. 31.1 understand that the move was not suggested by the network or the production company. Rather, it was done entirely in consultation with counsel and revealed later to the network as necessary to protect the family. 32. Indeed, it is my understanding that this entire lawsuit was filed without any prior warning to the network, which was unaware of the filing until it was reported in the media.

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33.1 understand that the move to Nevada cost the family thousands of dollars but complicated the production significantly. 34. After the move to Nevada, I understand that the prosecutors again made public statements that served to "poison the well" with respect to future opportunities for the family, by stating that the move would not deter them from prosecuting the family, if they decided to do so. Since the prosecutors previously stated that they saw the show as conclusive evidence of crimes, these statements seemed designed to continue the public labeling of the family as criminals in the eyes of the state. 35. In arranging speaking engagements and other events for the family, I have had to curtail their availability to avoid situations that could be used by prosecutors to justify an arrest. Since the prosecutors have expressly retained the discretion to prosecute the Browns, we have had to avoid some public appearances in Utah, to protect them. 36. In my career, I have never before represented clients who have experienced a substantial reduction in earnings due to public statements and actions by state officials, including but not limited to the state law itself 37. Absent their status as presumed felons under state law, the Browns would, in my professional opinion, have greater professional and career opportunities, given their national popularity. 38. The business opportunities lost as a result of the state law and public statements of prosecutors could potentially be worth hundreds of thousands of dollars. For those companies who would be interested in the Browns, most would be deterred by the existence of a statute defining their family as criminal or the potential for arrest at the discretion of the prosecution.

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39. If the law were declared unconstitutional, it would remove this barrier to the Browns in contracting and speaking in the future. 40. The foregoing statements have been based on my review of prior records related to the Brown family as well as personal conversations that I have had with peers in the entertaiimient field.

Executed on this.

day of December 2011 in Los Angeles, California,

Los Angeles, CA 90049