Let’s cut to the chase. Attorney Gary Edinger, a veteran in the adult nightclub legal trenches, puts it bluntly:
“Get your head out of your ass. Big or small, East or West, if you own a club, you will eventually be sued.”
In the high-stakes world of adult entertainment, a lawsuit isn’t a matter of *if*, but *when*. And when that day comes, one of the most critical moments—the one that can make or break your entire business—is your deposition. It’s where opposing counsel, an expert in tripping people up, gets to question you under oath. One wrong answer, one poorly phrased sentence, and you could be handing them the keys to a multi-million-dollar judgment against you.
This is exactly why the legendary “Club Operator On Trial” panel is making its return to the EXPO in Las Vegas. Forget dry, boring lectures. This is a live-fire exercise designed to show you precisely how you’d hold up under legal pressure.
The Mock Courtroom That Could Save Your Club
Created years ago by attorney Brad Shafer, this panel is famous for being as entertaining as it is essential. The concept is simple but brilliant: stage mock depositions on the most pressing legal threats facing club owners today. It’s a front-row seat to the grilling you’ll inevitably face.
“I’ve found that the best way to get the attention of club owners…is to let them see what a deposition cross-examination is like, and have them consider: ‘How would I answer that question?’” says Shafer. “Often, they may have no good answer.”
The goal isn’t to scare you; it’s to prepare you. The panel aims to make learning these crucial lessons engaging, because as Edinger notes, “an entertaining presentation often reinforces lessons better than a traditional lecture. Learning can be fun—and that’s our goal.”
This year’s panel features a powerhouse legal team ready to put club operators in the hot seat: Barry Covert, Gary Edinger, Will King, and Brad Shafer, with moderation by ED Magazine’s own Larry Kaplan.
Barry Covert
Will King
Gary Edinger
Brad Shafer
Three Nightmares on the Docket
The session will tackle three critical areas where clubs are most vulnerable:
1. When the Party Ends in a Lawsuit (Dram Shop Laws)
Every club that serves alcohol is sitting on a legal landmine known as “dram shop liability.” These laws hold you responsible for the actions of intoxicated patrons you’ve overserved. The adult club atmosphere, designed for a good time, naturally increases this risk. And the consequences are staggering. Recently, an Illinois judge hit a club with a $37.5 million award after an overserved patron caused a fatal accident. In Ohio, a court ordered an $8 million payment in a similar case. This panel will show you how to avoid becoming the next headline by implementing responsible service and ejection protocols.
2. The High Cost of Getting Physical (Use of Force)
From unruly customers to payment disputes, things can get heated. When security or staff steps in, their actions are put under a microscope. A single instance of improper or excessive force can lead to crippling lawsuits, sky-high insurance premiums, and a damaged reputation that scares away customers. Web searches and legal reports show a steady stream of these cases nationwide, proving that a well-trained staff that can de-escalate conflict is no longer a luxury—it’s a necessity for survival.
3. The Million-Dollar Question (Labor Laws & Tip Outs)
This is the big one. The debate over whether entertainers are independent contractors or employees continues to fuel devastating lawsuits across the country. Courts are digging deep into club operations, and if they decide you exert too much “control,” you could be on the hook for retroactive minimum wage, overtime, and massive penalties.
Shafer warns against a common but costly mistake: ignoring how tax laws intersect with labor laws. He also points out the massive risks involved in tip-pooling arrangements.
“Even if your club truly operates where no one is required to tip out, that may not be enough to save you from a big money judgment,” Shafer explains. “You need appropriate documentation and procedures in place to protect you and your club from these ‘tip confiscation’ claims.”
Your Best Defense is a Good Offense
The legal landscape is more treacherous than ever. As Edinger warns, “A club owner who is unprepared to defend against these claims is an owner who may soon be without a club.”
Waiting until you’re served with a lawsuit is too late. The time to build your defense—with proper paperwork, clear procedures, and expert legal guidance—is now. This panel isn’t just an item on the EXPO agenda; it’s an investment in your future.
Don’t miss the “Club Operator on Trial” legal session with panelists Barry Covert, Gary Edinger, Will King, Brad Shafer, and moderator Larry Kaplan. It takes place from 1-2:30 p.m. on Monday, August 25, at the ED EXPO.
* Photo from exoticdancer.com
