Courthouse Steps

CASE CAPTION: Diana Locke v. Endeavor Agency, Sean Perry, Lighthearted Entertainment Inc. and Howard Schultz, L.A. Superior Court # BC316918.

CAUSES OF ACTION: Breach of confidence; interference with prospective economic advantage; conspiracy; unjust enrichment; violation of Calif. Bus. & Prof. Code Secs. 17200 et seq.

COMPLAINT ALLEGATIONS: After writing two books on cosmetic surgery, the plaintiff conceived of the idea of a reality television series that would focus on real-life subjects as they underwent plastic surgery. She presented her concept to the defendants on the condition that it be kept confidential and that they not produce a show without her involvement. The defendants purported to decline to use the idea but instead disclosed the idea to ABC and produced “Extreme Makeover,” a series nearly identical to Locke's concept. The defendants are reaping millions of dollars from the concept, which has sparked a whole genre of reality shows with cosmetic surgery themes. The plaintiff hasn't been compensated. The defendants claimed that the show producer, Howard Schultz, “came up with the idea in the middle of the night.” Schultz owns Lighthearted. Endeavor is a talent agency. Perry is a talent agent with Endeavor. Locke's books are “Nips & Tucks: Everything You Must Know Before Having Cosmetic Surgery” and “The Cosmetic Surgery Bible.” Locke is also a model and actress. She pitched her show to Jeff Margolis, a TV producer. Margolis forwarded the concept to Perry. Margolis decided to cease pursuing development after Perry told him that Locke had “zero credibility” as a producer. Perry then forwarded the concept to Schultz.

RELIEF SOUGHT: $10 million.

PLAINTIFF'S COUNSEL: Dale F. Kinsella, Charles N. Shepard and Gregory P. Korn of Los Angeles' Greenberg Glusker Fields Claman Machtinger & Kinsella (310-553-3610).

CASE CAPTION: Univision Communications Inc., Univision Television Group Inc. and Telefutura Television Group Inc. v. Nielsen Media Research Inc., L.A. Superior Court # BC316833.

CAUSES OF ACTION: Complaint to enjoin unfair, unlawful and deceptive business practices and fraudulent advertising; trade libel.

COMPLAINT ALLEGATIONS: This suit is in regard to a planned revision of Nielsen's television ratings that would allegedly violate California law by use of a flawed and knowingly deceptive new sampling methodology with a switch of Los Angeles rating from diaries to Local People Meters (LPM). This would significantly undercount Hispanic-American and other minority viewers. The new sample is flawed because it contains too few young Hispanic-Americans, too few large Hispanic-American households, and too many Hispanic-American households that speak mostly or only English. The new ratings would materially understate viewing of Spanish-language stations like Univision's affiliates and exaggerate viewing of English-language stations. This under-reporting would limit the information and programming choices available to Hispanic-Americans and harm Hispanic-American businesses, including advertisers, actors and technicians. The deficiencies are compounded by Nielsen weighing its results to compensate for admitted differences between the LPM sample and the actual demographic composition of the population. The method does not account for differences in ethnicity or language use, thus further inflating English-language ratings.

RELIEF SOUGHT: Injunction against using the flawed system that allegedly violates Calif. Bus. & Prof. Code Secs. 17200; damages.

PLAINTIFFS' COUNSEL: Patrick Lynch, Robert C. Vanderet and Michael C. Camunez of Los Angeles' O'Melveny & Myers (213-430-6000); and Elizabeth B. McCallum and John G. Froemming of Washington, DC's Howrey, Simon, Arnold & White (202-783-0800).

CASE CAPTION: Icon Distribution Inc. v. Regal Entertainment Group and Regal Cinemas Inc., L.A. Superior Court #BC316674.

CAUSES OF ACTION: Breach of contract; fraud in the inducement; breach of covenant of good faith and fair dealing; equitable accounting; unjust enrichment; and constructive trust.

COMPLAINT ALLEGATIONS: The plaintiff is the distributor of the film “The Passion of the Christ,” which has a cumulative domestic box office of $369,727,030. The defendants are the nation's largest exhibitor. Icon, owned by Mel Gibson, is the distributor for Icon Productions Inc., which was founded by Gibson and Bruce Davey. Newmarket Films acted as agent for Icon in the U.S. market and struck a deal with Regal to pay Icon/Newmarket “studio terms,” which are a return to the distributor of approximately 55% of the proceeds from the run of the picture. The payments were to be made on account as preliminary box office figures were received. In May 2004, Regal informed Icon and Newmarket that it would not honor the terms of the agreement and would pay only 34% of the aggregate proceeds.

RELIEF SOUGHT: Specific performance of the agreement and an accounting; at least $40 million.

PLAINTIFF'S COUNSEL: George R. Hedges, Jeffery D. McFarland and Tania Krebs of Los Angeles' Quinn Emanuel Urquhart Oliver & Hedges (213-443-3000).

CASE CAPTION: Diana Locke v. Endeavor Agency, Sean Perry, Lighthearted Entertainment Inc. and Howard Schultz, L.A. Superior Court # BC316918.

CAUSES OF ACTION: Breach of confidence; interference with prospective economic advantage; conspiracy; unjust enrichment; violation of Calif. Bus. & Prof. Code Secs. 17200 et seq.

COMPLAINT ALLEGATIONS: After writing two books on cosmetic surgery, the plaintiff conceived of the idea of a reality television series that would focus on real-life subjects as they underwent plastic surgery. She presented her concept to the defendants on the condition that it be kept confidential and that they not produce a show without her involvement. The defendants purported to decline to use the idea but instead disclosed the idea to ABC and produced “Extreme Makeover,” a series nearly identical to Locke's concept. The defendants are reaping millions of dollars from the concept, which has sparked a whole genre of reality shows with cosmetic surgery themes. The plaintiff hasn't been compensated. The defendants claimed that the show producer, Howard Schultz, “came up with the idea in the middle of the night.” Schultz owns Lighthearted. Endeavor is a talent agency. Perry is a talent agent with Endeavor. Locke's books are “Nips & Tucks: Everything You Must Know Before Having Cosmetic Surgery” and “The Cosmetic Surgery Bible.” Locke is also a model and actress. She pitched her show to Jeff Margolis, a TV producer. Margolis forwarded the concept to Perry. Margolis decided to cease pursuing development after Perry told him that Locke had “zero credibility” as a producer. Perry then forwarded the concept to Schultz.

RELIEF SOUGHT: $10 million.

PLAINTIFF'S COUNSEL: Dale F. Kinsella, Charles N. Shepard and Gregory P. Korn of Los Angeles' Greenberg Glusker Fields Claman Machtinger & Kinsella (310-553-3610).

CASE CAPTION: Univision Communications Inc., Univision Television Group Inc. and Telefutura Television Group Inc. v. Nielsen Media Research Inc., L.A. Superior Court # BC316833.

CAUSES OF ACTION: Complaint to enjoin unfair, unlawful and deceptive business practices and fraudulent advertising; trade libel.

COMPLAINT ALLEGATIONS: This suit is in regard to a planned revision of Nielsen's television ratings that would allegedly violate California law by use of a flawed and knowingly deceptive new sampling methodology with a switch of Los Angeles rating from diaries to Local People Meters (LPM). This would significantly undercount Hispanic-American and other minority viewers. The new sample is flawed because it contains too few young Hispanic-Americans, too few large Hispanic-American households, and too many Hispanic-American households that speak mostly or only English. The new ratings would materially understate viewing of Spanish-language stations like Univision's affiliates and exaggerate viewing of English-language stations. This under-reporting would limit the information and programming choices available to Hispanic-Americans and harm Hispanic-American businesses, including advertisers, actors and technicians. The deficiencies are compounded by Nielsen weighing its results to compensate for admitted differences between the LPM sample and the actual demographic composition of the population. The method does not account for differences in ethnicity or language use, thus further inflating English-language ratings.

RELIEF SOUGHT: Injunction against using the flawed system that allegedly violates Calif. Bus. & Prof. Code Secs. 17200; damages.

PLAINTIFFS' COUNSEL: Patrick Lynch, Robert C. Vanderet and Michael C. Camunez of Los Angeles' O'Melveny & Myers (213-430-6000); and Elizabeth B. McCallum and John G. Froemming of Washington, DC's Howrey, Simon, Arnold & White (202-783-0800).

CASE CAPTION: Icon Distribution Inc. v. Regal Entertainment Group and Regal Cinemas Inc., L.A. Superior Court #BC316674.

CAUSES OF ACTION: Breach of contract; fraud in the inducement; breach of covenant of good faith and fair dealing; equitable accounting; unjust enrichment; and constructive trust.

COMPLAINT ALLEGATIONS: The plaintiff is the distributor of the film “The Passion of the Christ,” which has a cumulative domestic box office of $369,727,030. The defendants are the nation's largest exhibitor. Icon, owned by Mel Gibson, is the distributor for Icon Productions Inc., which was founded by Gibson and Bruce Davey. Newmarket Films acted as agent for Icon in the U.S. market and struck a deal with Regal to pay Icon/Newmarket “studio terms,” which are a return to the distributor of approximately 55% of the proceeds from the run of the picture. The payments were to be made on account as preliminary box office figures were received. In May 2004, Regal informed Icon and Newmarket that it would not honor the terms of the agreement and would pay only 34% of the aggregate proceeds.

RELIEF SOUGHT: Specific performance of the agreement and an accounting; at least $40 million.

PLAINTIFF'S COUNSEL: George R. Hedges, Jeffery D. McFarland and Tania Krebs of Los Angeles' Quinn Emanuel Urquhart Oliver & Hedges (213-443-3000).