Last week, indieWIRE ran a provocative piece by Anthony Kaufman about the financial woes of THINKfilm, one of my favorite indie distributors. Kaufman detailed the cash flow problems at THINKfilm, which were causing acrimony between the distrib and many of its filmmakers, who were alleging that the distributor hadn't paid what it owed to them, as well as to advertising companies charged with marketing films under THINKfilm's banner.

Now indieWIRE has a follow-up piece up by Eugene Hernandez, which says that director/producer Alex Gibney, whose film Taxi to the Darkside won the best documentary Oscar this year and was supposed to receive a major theatrical push by THINKfilm following its win, is seeking more than $1 million in damages from the ailing distributor.

While THINKfilm did pay the film's producers the minimums guaranteed by their contract on May 5, Gibney's complaint alleges that THINKfilm failed to disclose that it did not have the financial resources to support the film's theatrical push following its Oscar win, and "jeopardized the success of the film by failing to abide by the terms of contracts it entered into with public relations firms and advisers and failed to pay such firms for work done and expenses incurred."

Riding a wave of near-unanimous praise, Andrew Wagner's Starting Out in the Evening began its box office sojourn at the top, earning an estimated $11,610 per screen at seven theaters, according to Leonard Klady at Movie City News. Wagner previously made the fascinating dysfunctional family comedy drama The Talent Given Us, which starred his own family, but this time performances by non-family members Frank Langella and Lauren Ambrose have been roundly acclaimed. (Check out reviews by Cinematical's James Rocchi and Ryan Stewart.)

Todd Haynes' I'm Not There has received some ecstatic critical response, which translated into "encouraging but less than superlative response," in the words of Mr. Klady. By the numbers, the film made an estimated $5,310 per screen at 130 engagements, which actually sounds pretty good for an unconventional film that even the critics have had difficulty getting a handle on. (Read more: Cinematical reviews by James Rocchi and Jeffrey M. Anderson.)

The third new specialty release, Izuru Narushima's Midnight Eagle, barely opened, earning an estimated $1,630 per screen at two theaters. The action thriller also opened the Tokyo Film Festival but is probably most notable because it's the first time in memory that a Japanese film has opened day and date in Japan and the United States. Sadly, it was slaughtered by the few US critics who saw it, as recorded at Rotten Tomatoes.

Margot at the Wedding expanded from two to 35 theaters and continued to perform well, raking in $11,200 per screen, while No Country for Old Men jumped out into 860 theaters and made an estimated $9,000 per engagement. Mr. Klady pointed to three holdovers: Sean Penn's Into the Wild ($1,920 per screen), Alejandro Monteverde's Bella ($1,970 per screen) and Sidney Lumet's Before the Devil Knows You're Dead ($3,190).

Could it be that Sidney Lumet is back? I'm a cynic, and a snobby '70s movie fan, and I've been hesitant about seeing Before the Devil Knows You're Dead -- I know I'm terrible; the movie is supposedly really, really good; I'm just being lazy -- so I can't offer that statement. Besides, there are people who don't think he was ever gone to begin with. Still, his latest is his best reviewed film in many years. Our own Erik Davis called it "captivating" and pointed out that Lumet took an otherwise forgettable story and made it "exceptional in every way -- from its execution to its acting" (OK, I really need to see this already). Well, it seems that Funky Buddha Group, which financed Devil, is happy enough with Lumet's work on that film; the company has just agreed to collaborate with the filmmaker on two more movies, with an option for a third.

So what is Lumet's next project, and will it be a disappointment after the greatness of Devil? (a cynic never stops doubting). According to Variety, it's called Getting Out, and it involves a prison break. Written by Lumet himself (and not adapted from anything this time, either), the script deals with, "a man desperate to regain his freedom while entangled in deadly head games with his prison psychiatrist and the woman he desires." Honestly, it doesn't sound too exciting, or interesting. But then, I like Lumet's The Wiz, so maybe you shouldn't listen to me (don't worry, it's not one of my favorites, like Dog Day Afternoon, 12 Angry Men and especially Network all are). But who should you listen to? People like our own Jeff Anderson, an obvious Lumet fan, who called Devil one of, "the year's best American films," or do you listen to our own Ryan Stewart, who referred to Lumet as a "non-master" and called Devil, "a pointless and annoying timeline-pretzel ... only to arrive at a Greek tragedy climax that has a plot hole so large you could drive a Hummer through it." You can see why I've been hesitant and cynical, now, can't you?

I can't help but think that the huge audiences that flocked to American Gangster this weekend cut into the box office for indie films. it's a big-budget, star-driven, "based on real life" vehicle that has nothing to do with the Iraq War or other Serious Issues, yet it's an adult drama that screams quality. While there were no big break-out numbers posted, though, two docs performed quite respectably, according to estimates compiled by Leonard Klady at Movie City News.

Joe Strummer: The Future is Unwritten averaged $9,450 on two screens in New York for distributor IFC Films. Our own Jeffrey M. Anderson found the doc to be a frustrating experience, chiefly because director Julien Temple "has never figured out how to move past a short attention span. He's constantly worried that we'll lose interest, even in a story as ferocious and passionate as Joe Strummer's." Other reviews were more positive. The film is also available as part of the IFC InTheaters video on demand service nationwide.

Darfur Now "spotlights six individuals," according to Cinematical's Christopher Campbell, "some of whose stories directly inter-weave, who are affected by the tragedy in Darfur and have been successful at making a difference." The film itself did not generate much enthusiasm among critics, but no doubt its subject matter helped the doc to earn $7,800 at three screens in New York and Los Angeles for distrib Warner Independent.

Sidney Lumet's widely-praised Before the Devil Knows You're Dead expanded into 35 theaters and had the highest per-screen average ($9,830) among limited engagements for distributor ThinkFilm, according to Mr. Klady.

Advance word has been positively gushing for Sidney Lumet's Before the Devil Knows You're Dead -- our own Erik Davis called it "a film that's exceptional in every way -- from its execution to its acting" while Jeffrey M. Anderson felt it deserves to be on "the list of the year's best American films" -- and New Yorkers flocked to the two Manhattan locations where it opened on Friday. It earned an average of $34,600, according to estimates compiled by Leonard Klady at Movie City News. ThinkFilm Company will expand it steadily over the next few weeks.

Klady says that "the bloom is definitely off the rose for documentaries," citing the poor returns for Jimmy Carter: Man From Plains and How to Cook Your Life as evidence that "the industry has effectively killed the layer of the golden egg with too many non-fiction movies ... that cannot sustain even a niche crowd at the multiplex." Jimmy Carter pulled in just $1,320 per screen at seven locations for Sony Pictures Classics and How to Cook drew about the same ($1,480 per screen at four locations) for Roadside Attractions, according to Klady. Another doc did good business on just one screen for distrib The Weinstein Co. -- Pete Seeger: The Power of Song earned an estimated $12,500, per Box Office Mojo.

Distributor Roadside Attractions had more pleasant news for a fiction feature, however: Bella, the Audience Award winner at Toronto last year, finally opened on 165 screens and did very nicely, averaging $7,390 per locale, according to Klady's estimates. Other new limited releases struggled to find audiences: Music Within ($2,790 average on 17 screens), Mr. Untouchable ($1,950 per-screen at 26 locations), Rails & Ties ($2,160 average at five locations), Black Irish ($1,650 average on four screens) and Slipstream ($970 at six locations).

Fall 2007 is shaping up to be the season of illogical movies. First there was the much-praised Gone Baby Gone, which has a third act twist that's logically crazy and impossible in practicality, and now there's Before the Devil Knows You're Dead, a film from the aging non-master Sidney Lumet that twists its narrative into a pointless and annoying timeline-pretzel and in doing so drains every ounce of energy and motivation from the piece, only to arrive at a Greek tragedy climax that has a plot hole so large you could drive a Hummer through it. (Don't worry, I won't spoil it, but I'll just say this -- cops?) That both both films contain performances by Amy Ryan may be their saving grace -- Ryan has a lock on Best Supporting Actress this year that's as tight as Ben Foster's lock on Best Supporting Actor, but that's not enough to push Before the Devil over the line. Nor is its high-grade cast, that includes Philip Seymour Hoffman and Ethan Hawke. Even Marisa Tomei's frequently naked breasts don't get it done.

The plot: two brothers scheme to knock over their parents' jewelry store. Mom and pop will get the insurance money, they'll get the loot, and everyone's rent gets paid. Sounds pretty simple, only -- pause for effect -- something goes wrong. What goes wrong is Rosemary Harris, who re-confirms here what she proved in the Spiderman films -- she can't act worth a lick. Harris plays the boys' mother, who unexpectedly stops the thief they send in to rob her with a handgun and also gets herself shot in the process. 'Big emotion' is not something that should ever be required of Harris, and I felt a tinge of relief when she was dispatched early on in the film -- the less screen time she takes up the better. The boys' father, played by the excellent Albert Finney, sets out to make it his mission in life to find the "guy who did this." And so it begins ... or ends ... or something. The timeline in this film is so herky-jerky that for all I know, my interpretation of its events could be completely wrong.

Director Sidney Lumet turned 83 this year, and his debut feature, 12 Angry Men (1957) turned 50. Most film buffs count that film among the great debut films in history, and Lumet has certainly gone on to make many more classic films: Serpico (1973), Dog Day Afternoon (1975), Network (1976), The Verdict (1982) and Running on Empty (1988), among others. However, most film buffs also agree that, despite his notable debut, Lumet is more of a superior craftsman than an artist and that his long filmography -- more than 50 movies and TV shows -- contains just as many clunkers as it does hits. But here's the good news about a craftsman: he usually learns from his mistakes and gets better and better. And Lumet's two most recent films, last year's Find Me Guilty and the new Before the Devil Knows You're Dead, are among his best.

The bad news is that when Hollywood people and moviegoers hear the thing about Lumet being 83 years old, they'll probably stay away from the new film, as they stayed away from Find Me Guilty a year ago. Lumet has also made the commercial mistake of telling a jewel heist story and telling it straight, without any of the jokey, self-referential stuff that drives most post-Tarantino crime movies. Lumet's movie is about people rather than jewels or guns. And, at 83, he knows a thing or two about people.

"May you be in heaven half an hour before the devil knows you're dead."

It comes from an Irish toast, that quote, and it's also the first thing we see as director Sidney Lumet begins his latest film, Before the Devil Knows You're Dead. It's open for interpretation, in the way that it's used here, however Lumet chose to follow up the quote with a graphic opening shot of a barenaked Andy (Philip Seymour Hoffman) on his knees, and a naked Gina (Marisa Tomei) bent over on all fours in front of him. They're having sex. Some of the best sex they've had in years. If only life was always like this for Andy and Gina; unfortunately, it's not. This is vacation sex for a married couple -- away from the hustle and bustle of the big city, where the most important decision of the day revolves around which swanky restaurant to eat dinner at. They're in Brazil; Rio to be exact. And this is heaven. Both enjoy their brief, passionate encounter -- and discuss how great it would be to move to Rio and live out their days on a beach -- but then, eventually, return home to New York City ... where all hell breaks loose.

See, Andy is having money problems. He's got a great job, sure -- as head of payroll for a real estate firm -- and lots of cash to boot, but he's a sneaky crook with an expensive drug habit. Money-wise, his younger brother Hank (Ethan Hawke) is in a similar situation. He's a few months behind on child support payments to his ex-wife, and as much as he loves his daughter -- and would do anything to provide for her -- his drinking problem, a lack of motivation and the fact that he's sleeping with his brother's wife isn't helping put money in the bank. As more and more funds disappear, and as both brothers are forced into a corner they're not sure how to escape from, Andy comes up with a full-proof plan to fill their pockets: rob a Mom & Pop jewelry store. Except, there's one problem -- that Mom & Pop jewelry store is owned and operated by -- you guessed it -- Andy and Hank's own mom and pop.

Part of me loves attending the New York Film Festival every year, and part of me doesn't. Since it's a pain in the ass to get from Queens to Lincoln Center on the Upper West Side of Manhattan, the part of me that hates to use up five hours of my time to see one film is always nagging in my ear: "Skip it this year, man. It takes up too much time. And you're lazy." Then again, when on your first day of screenings you get to watch an exceptional new film from Sidney Lumet, Before the Devil Knows You're Dead, and then get to stick around for a Q&A with the legendary director, the part of me that loves attending NYFF ultimately wins out.

Since I've only seen one film so far (mainly because, this year, time just doesn't allow me to snort up every little piece of filmmaking), instead of writing a dispatch I thought I'd place my initial thoughts here. NYFF is a strange festival, because the press screenings begin a good week before the fest officially opens, and they're fairly spread out across four weeks. Since the fest also takes place within the confines of, say, a block or so, that summer camp, community aspect is not really there. You see a press screening, stick around to chat with another NYC-based writer about Marisa Tomei naked (more on that in a bit), and then you go home to write about it. That pretty much sums it up. All the NYC regulars are there, there's always some old smelly guy sitting either next to me, in front of me or behind me, and no matter when I go to the bathroom, I always wind up standing next to someone I know at the urinal. Last year it was actor Patrick Wilson, and this year it was Andrew Grant (aka Filmbrain). Thus, I'm thinking about starting a urinal interview series for folks I run into -- if, ya know, they don't think that's awkward.

I miss many things about living in New York -- the people, the restaurants and bars, Central Park, the smell of baked ass that overtakes the city this time of year (OK, not that last one). But what I miss the most has got to be the film "scene." Getting a coffee and taking the subway to a movie on a Sunday morning always filled me with happiness. NYC also puts on one of the best film festivals in the country -- the cleverly named New York Film Festival. Showcasing 28 films, the fest will be held this year at Frederick P. Rose Hall in the Time Warner Center. Screenings are set for September 28 through October 14th, and this year's lineup is a real doozy. It includes new films from Sidney Lumet (Before the Devil Knows You're Dead, with Ethan Hawke and Philip Seymour Hoffman), Catherine Breillat (The Last Mistress, just grabbed by IFC), Todd Haynes (I'm Not There, his Bob Dylan movie), Abel Ferrara (the promisingly titled Go-Go Tales, starring Willem Dafoe), Noah Baumbach (following up the excellent Squid and the Whale with Margot at the Wedding), the ascotted Peter Bogdanovich (profiling one of my favorite bands with Tom Petty and the Heartbreakers: Runnin' Down a Dream), and Brian DePalma (an Iraq war drama called Redacted).

Wes Anderson's new film (can't wait!) The Darjeeling Limited will open the NYFF. The Coen Brothers' new one No Country for Old Men (really really can't wait!) will be the "centerpiece" of the festival. And Cannes '07 jury prize-winner Persepolis, an "animated coming-of-age" story directed by Marjane Satrapi and Vincent Paronnaud, will close the fest. Also showcased will be Cannes favorites like Gus Van Sant's Paranoid Park, Julian Schnabel's French-language The Diving Bell and the Butterfly, and Palme d'Or winner 4 Months, 3 Weeks and 2 Days. In addition, there will be five classic films screened, including John Ford's first major film -- The Iron Horse. Probably the most anticipated of that bunch is Ridley Scott's "definitive cut" of Blade Runner, in honor of that film's 25th anniversary. An evening called "The Technicolor Show" should be a major attraction, as it's introduced by Martin Scorsese. Head over to Yahoo Movies for the full roster.