Will Amber Heard move on with her life or will she appeal the jury's decision that she defamed Johnny Depp?
If she does appeal will she be able to stay Johnny Depp's ability to collect the $8.5 million the jury awarded him or will she have to start paying?
On the Today Show, Elaine Bredehoft explained that Amber Heard wanted to appeal the jury’s verdict. Under Virginia law, if she wants to file an appeal and prevent Johnny Depp from moving the collect the verdict Amber Heard will need to secure an $8.35M (plus interest and attorney fees) appeal bond by June 29th.
Unfortunately, Elaine has already announced that her client does NOT have the money to pay the judgment so by definition it would be impossible for Amber to secure a bond without collateral - she would need a third party with deep pockets like Elon Musk to guarantee the bond and enable her to continue her neverending war with Johnny. Of course, she could pursue her appeal while Johnny Depp begins seizing her assets and garnishing her wages.
THE JUDGEMENT
If Amber fails to post bond before July Johnny Depp would be able to collect 25%7 of her movie and product endorsement earnings for the next 30 years. Amber has two movies set to come out including Run Away with Me8 (she plays a model turned criminal) and In the Fire9 (she plays a psychiatrist with a disturbed client).10
With certain limitations, Depp will also be able to seize Amber’s investment and bank accounts. He may have a harder time seizing her Yucca Valley11 home as Amber purchased the home using a private trust in the name of her accountant. So how much money does Amber have?
Amber Heard collected $6.8M from Johnny Depp by 2018 and was earning $2M per year from acting and endorsements (approximately $10M after taxes). Where did the money go? Amber now claims she’s only earning $10,000 per month while spending $28,100 per month on the following (according to a court filing by the actress):
$10,000 per month on rent on her LA residence.
$5,000 per month on vacations.
$4,100 per month on gifts.
$2,000 per month on clothing.
$2,000 per month on groceries.
$2,000 per month eating out.
$3,000 per month on plastic surgery and other medical expenses.
FWIW during her marriage to Johnny Depp, Amber spent at least $10,000 per month on just wine - she did not include her wine budget in the court filing…12
BANKRUPTCY?
Elaine Bredehoft claims that her client is basically broke and unable to pay any part of the judgment which has caused some observers to suggest Amber Heard might file bankruptcy. Most legal experts cite 11 U.S.C. § 523(a)(6) which prevents a debtor from discharging a debt “for willful and malicious injury by the debtor to another entity or to the property of another entity. . .”13 While others suggest that she may be able to discharge the compensatory judgment ($10M) but not the punitive judgment ($350K).14
VICTORY?
At the end of the day, Pamela Johnson enabled Elaine Bredehoft to do the unthinkable - winning Amber’s defamation case against Johnny Depp. Taken alone a $2 million defamation judgment is unheard of in the United States - it is a huge accomplishment and for that Pamela and Elaine should be proud. Of course, taken in context with losing Johnny’s defamation case the victory isn’t so sweet…
Andrea Burkhart has a pretty good Q&A on the possibility of Appeal (she’s an appellate lawyer):
Ever wonder who paid for Amber’s legal expenses?
Meet Pamela Johnson, the Beauty, Brains, and Money behind Amber Heard's Legal Dream Team. The Travelers Companies Inc. reportedly recruited, managed, and paid for Amber's legal team enabling the actress to win her defamation claim against her ex-husband.
THE TRAVELERS COMPANIES INC
According to the New York Post, Amber Heard’s legal bills combined with her lavish spending forced her to ditch her original legal team and rely on her Travelers homeowner’s insurance policy for much of her legal expenses.1 It is presumed that Pamela Johnson2 recruited and assembled Amber’s legal team including local attorney Benjamin Rottenborn and Elaine Bredehoft3. It is not clear when Mrs. Johnson took the reins over Amber’s legal troubles but she has been seen with Amber and her team throughout the Virginia trial.
Pamela attended Austin College and received her J.D. from the University of Minnesota Law School in 1992. She spent eight years as a lawyer in Denver at Isaacson Rosenbaum ultimately becoming a partner in the firm. By 2005 Pamela had gone in-house at Travelers handling defamation claims for entertainment conglomerates and individual celebrities and with just a brief break has been with the company ever since. Pamela attends the Unitarian Universalist Church and is active in various women’s charities and causes.
Little is known about Amber’s homeowner’s policy limits or coverage4, but insurance experts suggest that the jury might have let Travelers Companies off the hook by ruling that Amber committed defamation with ‘malice’ as most insurance companies don’t cover ‘intentional wrongdoing’. It is unlikely that Travelers will continue to fund Amber’s legal expenses as she pursues an appeal and policies almost never cover judgments regardless.