Would It Hold Up in Court? John Spagna Puts HBO’s War on Trial

Clayman Rosenberg Kirshner & Linder LLP partner John Spagna joined Lee Bergstein and Jamie Kleidman on the legal podcast Objection! You’re Fiction! to separate legal fact from fiction in HBO’s new drama War. The podcast episode, “The Secrets That Can Destroy a Divorce Case,” breaks down the mediation, legal strategies and ethical dilemmas behind a fictional tech entrepreneur and his film-star wife’s high-profile divorce that unfolds in War.

From financial disclosures and settlement negotiations to questionable NDAs, attorney-client honesty, and the consequences of keeping secrets from your lawyers, the trio separates realistic legal practice from Hollywood fiction. The episode also explores the court of public opinion, the increasingly questionable decisions of both law firms, and what could come next as the divorce battle escalates.

Topics highlights:

  • The sworn statement of net worth required to file a New York divorce case, with backup documentation produced later
  • Why neutral mediators may prefer to work directly with the parties
  • The limits of nondisclosure agreements, which cannot stop a subpoenaed witness from testifying
  • Why New York judges generally give little weight to infidelity unless it involved significant financial waste
  • Why effective representation depends on candor between clients and their lawyers

The full episode is available on Apple Podcasts, Spotify and YouTube, or listen below.

Spagna is a partner at CRKL, where his practice includes regulatory enforcement matters, internal investigations and family law, including custody disputes. He previously served as Special Counsel in the New York Attorney General’s criminal division, where he led its Real Estate Enforcement Unit, and as an assistant district attorney in Manhattan.