In the works = irrelevant.
Common sense would tell me if Lambert had any exclusive clause that extended passed the expiration of his actual contract, he wouldn't have appeared in this ad. Also there is the fact tat Sony is arguing in the complaint that commercials often take months to plan and shoot. That also tells me that no, their exclusive agreement did not extend out past the actual contract itself. Otherwise how long it would take to shoot the commercial would be irrelevant.
So basically they are arguing that yes, his exclusive contract was over by the time the commercial actually aired, but it was done before the contract ended, and that Kevin Butler is in the ad itself.







