Will uses his knowledge of Alicia's weaknesses against her in court and Eli tries to avoid another Peter-related scandal 

By Breia Brissey
March 02, 2015 at 08:00 PM EST
David M. Russell/CBS
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I keep waiting for a bad episode of The Good Wife this season. I mean, it just seems statistically probable that we’d have at least one real clunker by now. But “Goliath and David” is not it. The writers delivered plenty of laugh-out-loud moments with the case of the week, and the ep ended with a dark twist that I don’t think anyone was expecting…at least not yet. So let’s get to recapping!

“Goliath and David” picked up where “The Decision Tree” left off: Eli’s spit take heard ’round the world. He was unsurprisingly shocked — not the mention concerned — when Marilyn revealed that she was naming her baby Peter, after the father. Marilyn tried to reassure him that Peter Florrick is not her baby’s daddy, but Eli wanted some extra reassurance. He hired Kalinda (at the not-so-affordable rate of $500 an hour) to investigate. More on this later.

The case of the week also evolved from the Florrick/Agos holiday party. The band on hand for the shenanigans had a legal situation they wanted Alicia & Co. to tackle. The band, Rowby and Marshall (played by guest stars Matthew Lillard and Christopher Fitzgerald, respectively), had covered Rebel Kane’s version of “Thicky Trick.” After they released their version, the TV show Drama Camp (which is essentially a fictional version of Glee) released its own version of the Rowby/Marshall cover. The Drama Camp song subsequently became the best-selling song on iTunes. So Rowby and Marshall sought Alicia’s help to get a cut of the profits. But going up against a huge television network would be no easy feat. (Hence the episode’s title, “Goliath and David.”)

Rowby and Marshall’s manager — who operates out of a bowling alley — secured a compulsory license for their cover, but failed to get a derivative copyright. The compulsory license allowed them to cover the song, but only the derivative rights would protect them if they wanted to make changes to the song. In order to go forward with the lawsuit, they’d have to get the derivative rights.

NEXT: Will joins the case and battles Alicia in court….So who would Florrick/Agos be facing in court? Welcome back, Burl Preston (F. Murray Abraham). Mr. Preston didn’t know Alicia had moved on from Lockhart/Gardner, so he mistakenly went to visit her there. But he did end up talking to Will, who wanted to join in on the suit just to battle Alicia. He had a pretty convincing sell: He knows how Alicia works. He knows her weaknesses. And he knows how to beat her. Still, Burl said no.

Burl: “I don’t like you.”

Will: “I don’t like you either. What’s that got to do with it?”

Nothing! Welcome to the case, Will!

Alicia & Co. paid Rebel Kane (who just so happened to serve time with Peter Florrick) a visit. Kane agreed to sell Rowby and Marshall the derivative rights for $5. It all seemed too good to be true. And it was. When Alicia went back to Florrick/Agos for a presumed settlement talk, she got the news that not only would Will be joining Burl on the case, but that they would be counter-suing for $800,000 and punitive damages.

In court, Florrick/Agos tried to get a declaratory judgment of non-infringement. But Will wasn’t making it easy. True to his word to Mr. Preston, he kept interrupting Alicia to throw her off her rhythm. It worked. Alicia was pissed, but also inspired. She returned to court in a new outfit to distract Will. Her tactics also worked, and led to this fabulous exchange:

Will: “So you decided to change?”

Alicia: “Yup. Into what I wore the night you banged me the first time.”

Will: “That’s pretty low of you.”

Alicia: “I know. I wasn’t so discriminating back then.”

Oh, snap!!

The case continued the traditional back-and-forth trajectory. And eventually, Judge Marx (Dominic Chianese) made a decision: Mr. Tiller had acquired the derivative work created by Rowby, but it didn’t matter. Rowby’s song was an unauthorized derivative artwork, and therefore not protected. Their motion for a declaratory judgment of non-infringement was denied. But by coming after Alicia, Will had inadvertently lit a fire under her. Alicia refused to lose to Will.

NEXT: Robyn digs up something for the case and Kalinda digs up information about Marilyn….They decided to take a new angle and argue that Rowby’s version of “Thicky Trick” was a satire, and thus transformative artwork. (His goal was to make it funny, like Rick Astley rapping!) And the new argument gave them some room to maneuver. But Preston and Will hit back with a testimony from Rebel Kane, himself. He intended the original song to be a satire, meaning their satire argument was quickly falling apart. Alicia put Robyn on the case, hoping she could find anything online about Rowby’s version being a satire.

Instead, she found something even better. A Swedish version of the Drama Camp song had been posted online. And a the 1:23 mark, she discovered an interesting sound: bowling pins falling. Rowby and Marshal recorded their song in their manager’s bowling alley. It was the proof they needed that actual theft had occurred. Robyn saved the day case. Hugs all around. Even you, awkward Marshall!

So back to Kalinda’s investigation of Marilyn: At first, she was pretty hesitant to help Eli, and by association Peter. But Eli managed to sway her when he gave his impassioned “do it for Alicia!” speech. Kalinda started her investigation by pretending to be pregnant and waiting in Marilyn’s doctor’s office. But Jenna (Jordana Spiro) interrupted the charade, likely because she’s still thick as thieves with Damian. Kalinda was not happy. But that didn’t stop the ladies from enjoying some dinner and some, ahem, dessert later. But their bliss was short-lived. Kalinda couldn’t deal with Jenna and Damian’s close-knit relationship, and she ended things with Jenna.

Some deeper digging turned up Marilyn’s former high school flame, conveniently named Peter. Marilyn had been with him at her high school reunion during the conception window, but she didn’t sleep with him. But this Peter did share some pretty damning information: Marilyn left the reunion early to meet with another Peter in Springfield. Peter Florrick, this is not looking good.

NEXT: Who’s your daddy? Probably not who you think…. 

Eli about had a heart attack when he learned of Marilyn’s late-night hotel rendezvous in Springfield. Especially when he confirmed that Peter Florrick was in town that night. Kalinda had searched the hotel security footage, but that day’s digital disc was noticeably missing. With his red flags raised, Eli confronted Marilyn again. And again, she told him to stay out of it.

In the throwaway story line of the episode, Will and Diane still weren’t seeing eye to eye on how to run the firm. Will was ready to expand LG to L.A., and Diane wanted a two-month delay on soliciting new clients. Damian’s presence was of no help, either. But eventually, Will and Diane had their come-to-Jesus moment and Diane agreed to support him while he took his chance leading the firm. And Will promised that all of his erratic behavior is not about Alicia. (Sorry, Will, we don’t believe you.)

But I’ve really buried the lede here: Eli received a call from Anne Stevens, a reporter at the Tribune, searching for a comment about a video she had. The assumption was that she had acquired the missing security footage from the night Marilyn’s baby was conceived. But it’s worse! It’s video of election fraud. Search your mind grapes and recall the season 4 finale. Jim Moody committed voter fraud, and it’s finally catching up with Peter and his campaign. We don’t know yet how much Eli and Peter know, but either way, this is not good for Peter’s political career. We’re talking way worse than fathering a child with another woman.

Oh, and the father of Marilyn’s child? It’s not Peter Florrick. It’s Peter Bogdanovich!! Brilliant.

The other best lines and moments from “Goliath and David”:

++ “I hate it when they look at each other like that.” —Rowby, about a shared look between Alicia and Cary

++ “Can I get a new chair, mine squeaks?” —Rowby in court (full of one-liners)

++ An exchange worth mentioning again

Will: “So you decided to change?”

Alicia: “Yup. Into what I wore the night you banged me the first time.”

Will: “That’s pretty low of you.”

Alicia: “I know. I wasn’t so discriminating back then.”

++ Kalinda not knowing who Katy Perry is

++ Can I just say that I love this stuff? I mean, I don’t understand a word you guys are saying. But this is awesome.” —Rowby, about the “legal jazz” in the courtroom

++ Marshall’s awkward hug/touch with Cary when they won the case

Fun facts from The Good Wife writers’ twitter account:

++ “Thicky Trick (rap version) is by DJ Troy$e. It’s part of a music library, not published through a record label”

++ “The folk and pop versions of #ThickyTrick were produced specifically for this episode of #thegoodwife. Great job with the music everybody!

What did you think of “Goliath and David”? Were you surprised by Marilyn’s baby daddy? And what do you think about the voter fraud finally coming back in to play? Sound off with all your thoughts in the comments! And try — just try — to get “Thicky Trick” out of your head.

 

Episode Recaps

Julianna Margulies, Josh Charles, and Chris Noth star in the legal/family drama.
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