Jenner & Block investigations co-chair to lead movie shooting probe for producers

Brandon D. Fox, who returned to Jenner & Block after serving as chief of the criminal division of the U.S. attorney’s office in Los Angeles, will lead an investigation for the producers of the movie “Rust” into the circumstances surrounding Alec Baldwin’s shooting of a cinematographer and director.

Fox, managing partner of the firm’s Los Angeles office, did not return requests for comment after the firm’s announcement Wednesday. Commenting on the possible defense strategy, Los Angeles plaintiffs’ attorney Kevin Boyle of Panish, Shea, Boyle and Ravipudi LLP, said, “In my experience, when a company hires a law firm to do an internal investigation like this, they know that they have some big problems.”

If a lawsuit were to be filed, it would most likely be under the common law of negligence, Boyle stated. “California Civil Jury Instruction 400 has the simple elements of that cause of action,” Boyle explained. “Based on the recent news about the incident, including prior mishaps on this set and on prior sets involving the same personnel, punitive damages would likely also be sought.”

Fox was a Jenner & Block partner for two years during a break in his two decades with the Department of Justice. When he rejoined Jenner & Block in August, Fox told the Daily Journal he looked forward to supporting the growth of the investigations practice, among other tasks. He is co-chair of the investigations, compliance and defense practice.

At the DOJ, Fox supervised the $3 billion settlement with Wells Fargo & Co. related to charges the bank opened fake accounts for customers and engaged in securities fraud. He negotiated a $25 million settlement with Chipotle Mexican Grill over food poisoning outbreaks. As head of the U.S. attorney’s public corruption unit, Fox led the investigation of the Los Angeles County sheriff’s office that concluded with convictions of sheriff Leroy Baca and 20 other officers for obstruction of justice, corruption and civil rights violations.

In Santa Fe County, New Mexico, where the shooting occurred on a western movie set last week, District Attorney Mary Carmack-Altwies told a news conference, “No one has been ruled out at this point” for possible criminal charges.

“We take the corroborated facts and evidence and connect it to New Mexico law and we are not at that juncture yet,” she added. “If the facts and evidence and law support charges then I will initiate prosecution at that time.”

Sheriff Adan Mendoza confirmed that a bullet was fired by Baldwin from an F.LLI Pietta 1873 single action revolver, also known as a Peacemaker. It fires a .45 caliber Colt bullet, similar to the gun Wyatt Earp carried at the gunfight at the OK Corral in Tombstone, Arizona.

The bullet killed cinematographer Halyna Hutchins and wounded director Joel Souza.

“We believe we have in our possession the firearm that was fired by Mr. Baldwin. This is the firearm we believe discharged the bullet,” said Mendoza. “A lead projectile was removed from the shoulder of Joel Souza. I think the facts are clear. Someone handed a firearm to Mr. Baldwin and it had a live round in it.”

The first person to call 911 was script supervisor Mamie Mitchell, who is being represented by Gloria Allred of Allred, Maroko & Goldberg in Los Angeles.

“Halyna was a friend and close colleague of Mamie,” Allred said in a statement. “We are conducting our own investigation of what happened because there are many unanswered questions. Mamie has been interviewed by the sheriff’s department. She has information and evidence which she believes will be helpful in this investigation.”