Ivy Kagan Bierman

The substantial uptick in work related to sexual harassment that Bierman’s been handling indicates two things, she said: That the problem is real, and that the industry is taking it seriously.

As a major figure at the intersection of entertainment and labor law for decades, it’s no surprise that Bierman’s an entertainment industry “go-to” consultant with respect to high-profile sexual harassment complaints that have littered headlines over the last few months.

Bierman was involved in the investigation into sexual harassment allegations against actor Jeffrey Tambor, representing “Transparent” director Jill Soloway and her company Topple Productions. Bierman also consulted with The Academy regarding the sexual harassment allegations against its president, John Bailey.

Some of her other matters involve well-known figures, Bierman said, but they’ve managed to stay out of the public eye.

She also regularly consults with clients regarding harassment policies and how they’re enforced and provides entertainment industry specific harassment and discrimination prevention training. While there’s a popular notion that industries in and around Hollywood have only recently started addressing institutionalized sexual harassment, Bierman said it’s something her clients have been concerned about for some time.

“Many companies have been working very hard over the years to prevent harassment and discrimination. What I think is new is there’s an urgency,” Bierman said.

The #MeToo movement and other recent developments have prompted companies who have already been working with Bierman on the issue for years to reach out and ask what they could do to better address the problem.

Bierman is a member of the Legal, Legislative and Policy Committee on Sexual Harassment and Gender Parity for Time’s Up, and also serves as an outside adviser for The Commission on Eliminating Sexual Harassment and Advancing Equality in the Workplace, chaired by Anita Hill.

About 30 percent of her practice these days is dedicated to sexual harassment issues, Bierman estimated, while the rest is the union and other labor work that her entertainment and advertisement industry clients rely on her for. Many clients report they’re producing more and more content these days before knowing exactly how it would be distributed, which causes some confusion, as it’s not exactly clear which guild agreements should apply.

Clients say, “This might be a two-hour movie, or it could be cut into 12 webisodes,” Bierman said. “The guilds haven’t caught up with where the industry is with respect to how content is developed and produced.”

Some think the guilds should move away from guild agreements specific to distribution platforms, Bierman said, but “that’s not where we are yet.”

— Steven Crighton