Well, I’m not in the reality show business, so I’m not necessarily in a position to know the full calculus of A&E going into this. Messy is a nice threat to hang over someone’s head, but actual follow through is another matter. No one really likes messy except for the attorneys. A&E may value their generally progressive brand enough to “protect” it from contamination by reality show cast members, but they may also value getting past this as quickly as possible. Reality show “controversy” is good as long as it fits the product and brand models. Otherwise, it may simply be a detriment with no upside. In which case settlement becomes the best choice.
One more thing. I’ve seen a few of these reality show contracts online, and they can be nasty nasty contracts, full of provisions that no sane person would agree to. I’m not researched up on the specific case law, but I’m betting a number of those provisions would have a tough time if tested in court, might be tossed as unconscionable. There are some things you cannot contract away. I would think A&E’s longer term interests would be better served by not having the validity of their reality show contracts vetted by an unfriendly judge.
Sounds like a lot of wisdom - both from profession and experience.
Thanks!