Courthouse Steps

CASE CAPTION: John Cassese, Mark Wolfe, Maria Lamagra and Brian Nelson v. Martin Erlichman Associates Inc., Fox Broadcasting Co., Dick Clark Productions and 19 Entertainment Inc., L.A. Superior Court # BC353893.

CAUSES OF ACTION: Breach of contract; conversion; intentional inter-ference with economic relationship; negligent interference with economic relationship; breach of fiduciary duty; and unfair competition.

COMPLAINT ALLEGATIONS: The plaintiffs created the concept for a reality TV series entitled, 'So You Think You Can Dance.' In July 2003, they met with Martin Erlichman, principal of Erlichman Associates, to discuss the concept. Erlichman agreed to present it to Creative Artists Agency and to shop it to companies, including Fox. After Sept. 30, 2003, Erlichman didn't respond to the plaintiffs' communication attempts. In June 2005, Fox released plans for its series nearly identical to the plaintiffs' concept began airing the show in July 2005.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFFS' COUNSEL: Walter J. Lack and Stephen R. Terrell of L.A.'s Engstrom, Lipscomb & Lack (310-552-3800).

CASE CAPTION: Amy Cox v. NBC Universal and Larry Kurzweil, L.A. Superior Court #BC353581.

CAUSES OF ACTION: Retaliation; wrongful termination in violation of public policy; sexual harassment; gender discrimination; age discrimination; intentional misrepresentation; breach of contract; promissory estoppel; libel per se; slander per se; negligent misrepresentation; and unfair business practices.

COMPLAINT ALLEGATIONS: The defendants recruited Cox to be vice president, partnership marketing of Universal Studios and promised that the position wouldn't be eliminated for at least several years. The defendants also told the plaintiff that they didn't want a 'yes man.' Cox was hired in January 2006; she turned down another offer to take the job. Almost immediately, the defendants began to breach their representations and commenced an unceasing campaign of harassment because the plaintiff was a woman. Universal President Kurzweil would routinely subject her to rants and tirades at high volumes, and castigate her for presenting her opinions. In May, Cox discovered that Universal might be in breach of a $100 million agreement with Coca-Cola due to the malfeasance of a male executive. Cox informed Kurzweil and stated they had a duty to inform Coca-Cola. Kurzweil instructed Cox not to reveal the information and then instructed her to send Coca-Cola an inaccurate e-mail. Cox was fired on May 25, 2006, and was told the defendants didn't need a VP of promotions. The plaintiff's job duties were assigned to a younger, lower-paid employee.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: James F. Elliott of Santa Monica, CA (310-394-6455).

CASE CAPTION: Adam Pick dba Idol Go Home v. FremantleMedia North America Inc., American Idol Productions Inc. and Fox Television Stations Inc., L.A. Superior Court # SC089798.

CAUSES OF ACTION: Breach of implied contract; interference with contract; interference with prospective economic advantage; fraud; negligent misrepresentation; promissory estoppel; declaratory relief; injunctive relief; and an accounting.

COMPLAINT ALLEGATIONS: The plaintiff created a highly lucrative idea for 'American Idol' that involved an online, interactive-fantasy game in which fans, acting as judges, pick the next Idol contestant to go home. Pick built a prototype Web site and lined up interested sponsors and advertisers. He pitched this idea in confidence to the director of interactive at American Idol Productions and submitted the prototype Web site. The defendants falsely stated that they weren't interested, then stole the idea for their own Web site, which even offered the same grand prize as the plaintiff for the winner of the fantasy game. This generated huge amounts of revenue. The defendants then threatened to sue Pick if he used his own ideas on his Web site, IdolGoHome.com. The defendants were also concerned that his use of the ideas would reveal an inconsistency in the official results and corroborate vote-tampering allegations against 'American Idol.' The defendants interfered with the plaintiff's economic relations with advertisers and his celebrity blogger, Brian Dunkleman.

RELIEF SOUGHT: Unspecified damages and an injunction against Fox using the plaintiff's Web site idea.

PLAINTIFF'S COUNSEL: Jeffrey B. Valle and Katherine M. Pratt of Valle & Associates of Santa Monica, CA (310-260-8600).

CASE CAPTION: William Webb v. Directors Guild of America Inc. (DGA), L.A. Superior Court #BC352621.

CAUSES OF ACTION: Class action for conversion, unjust enrichment, accounting, and violation of Calif. Business & Professions Code Sec. 17200.

COMPLAINT ALLEGATIONS: Webb is a director but isn't, and has never been, a member of DGA. Since at least 1992, the DGA has been collecting money due authors from foreign countries on behalf of both DGA members and individuals who aren't members of the union. It has 'arrogated for itself the title 'American Disbursing Agent' of these monies.' This includes foreign statutory levies for private copying, cable transmission of free-to-air television, copying done by education institutions, and video rentals. These are foreign levies created under the laws of various countries that attribute them to the authors, whether or not they have transferred copyrights. The DGA has falsely informed third-party payors that it has the right to collect that money on behalf of non-members and that it will pay out the proper shares to them. But there is no such authorization, and this secret collection has been going on for 14 years. The DGA hasn't informed non-members and hasn't paid them. The DGA also takes a commission on collection and distribution.

RELIEF SOUGHT: An order requiring the DGA to pay the plaintiff class what they are owed.

PLAINTIFF'S COUNSEL: Neville L. Johnson, Brian A. Rishwain, James T. Ryan and Nicholas A. Kurt of Beverly Hills' Johnson & Rishwain (310-975-1080).

CASE CAPTION: John Cassese, Mark Wolfe, Maria Lamagra and Brian Nelson v. Martin Erlichman Associates Inc., Fox Broadcasting Co., Dick Clark Productions and 19 Entertainment Inc., L.A. Superior Court # BC353893.

CAUSES OF ACTION: Breach of contract; conversion; intentional inter-ference with economic relationship; negligent interference with economic relationship; breach of fiduciary duty; and unfair competition.

COMPLAINT ALLEGATIONS: The plaintiffs created the concept for a reality TV series entitled, 'So You Think You Can Dance.' In July 2003, they met with Martin Erlichman, principal of Erlichman Associates, to discuss the concept. Erlichman agreed to present it to Creative Artists Agency and to shop it to companies, including Fox. After Sept. 30, 2003, Erlichman didn't respond to the plaintiffs' communication attempts. In June 2005, Fox released plans for its series nearly identical to the plaintiffs' concept began airing the show in July 2005.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFFS' COUNSEL: Walter J. Lack and Stephen R. Terrell of L.A.'s Engstrom, Lipscomb & Lack (310-552-3800).

CASE CAPTION: Amy Cox v. NBC Universal and Larry Kurzweil, L.A. Superior Court #BC353581.

CAUSES OF ACTION: Retaliation; wrongful termination in violation of public policy; sexual harassment; gender discrimination; age discrimination; intentional misrepresentation; breach of contract; promissory estoppel; libel per se; slander per se; negligent misrepresentation; and unfair business practices.

COMPLAINT ALLEGATIONS: The defendants recruited Cox to be vice president, partnership marketing of Universal Studios and promised that the position wouldn't be eliminated for at least several years. The defendants also told the plaintiff that they didn't want a 'yes man.' Cox was hired in January 2006; she turned down another offer to take the job. Almost immediately, the defendants began to breach their representations and commenced an unceasing campaign of harassment because the plaintiff was a woman. Universal President Kurzweil would routinely subject her to rants and tirades at high volumes, and castigate her for presenting her opinions. In May, Cox discovered that Universal might be in breach of a $100 million agreement with Coca-Cola due to the malfeasance of a male executive. Cox informed Kurzweil and stated they had a duty to inform Coca-Cola. Kurzweil instructed Cox not to reveal the information and then instructed her to send Coca-Cola an inaccurate e-mail. Cox was fired on May 25, 2006, and was told the defendants didn't need a VP of promotions. The plaintiff's job duties were assigned to a younger, lower-paid employee.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: James F. Elliott of Santa Monica, CA (310-394-6455).

CASE CAPTION: Adam Pick dba Idol Go Home v. FremantleMedia North America Inc., American Idol Productions Inc. and Fox Television Stations Inc., L.A. Superior Court # SC089798.

CAUSES OF ACTION: Breach of implied contract; interference with contract; interference with prospective economic advantage; fraud; negligent misrepresentation; promissory estoppel; declaratory relief; injunctive relief; and an accounting.

COMPLAINT ALLEGATIONS: The plaintiff created a highly lucrative idea for 'American Idol' that involved an online, interactive-fantasy game in which fans, acting as judges, pick the next Idol contestant to go home. Pick built a prototype Web site and lined up interested sponsors and advertisers. He pitched this idea in confidence to the director of interactive at American Idol Productions and submitted the prototype Web site. The defendants falsely stated that they weren't interested, then stole the idea for their own Web site, which even offered the same grand prize as the plaintiff for the winner of the fantasy game. This generated huge amounts of revenue. The defendants then threatened to sue Pick if he used his own ideas on his Web site, IdolGoHome.com. The defendants were also concerned that his use of the ideas would reveal an inconsistency in the official results and corroborate vote-tampering allegations against 'American Idol.' The defendants interfered with the plaintiff's economic relations with advertisers and his celebrity blogger, Brian Dunkleman.

RELIEF SOUGHT: Unspecified damages and an injunction against Fox using the plaintiff's Web site idea.

PLAINTIFF'S COUNSEL: Jeffrey B. Valle and Katherine M. Pratt of Valle & Associates of Santa Monica, CA (310-260-8600).

CASE CAPTION: William Webb v. Directors Guild of America Inc. (DGA), L.A. Superior Court #BC352621.

CAUSES OF ACTION: Class action for conversion, unjust enrichment, accounting, and violation of Calif. Business & Professions Code Sec. 17200.

COMPLAINT ALLEGATIONS: Webb is a director but isn't, and has never been, a member of DGA. Since at least 1992, the DGA has been collecting money due authors from foreign countries on behalf of both DGA members and individuals who aren't members of the union. It has 'arrogated for itself the title 'American Disbursing Agent' of these monies.' This includes foreign statutory levies for private copying, cable transmission of free-to-air television, copying done by education institutions, and video rentals. These are foreign levies created under the laws of various countries that attribute them to the authors, whether or not they have transferred copyrights. The DGA has falsely informed third-party payors that it has the right to collect that money on behalf of non-members and that it will pay out the proper shares to them. But there is no such authorization, and this secret collection has been going on for 14 years. The DGA hasn't informed non-members and hasn't paid them. The DGA also takes a commission on collection and distribution.

RELIEF SOUGHT: An order requiring the DGA to pay the plaintiff class what they are owed.

PLAINTIFF'S COUNSEL: Neville L. Johnson, Brian A. Rishwain, James T. Ryan and Nicholas A. Kurt of Beverly Hills' Johnson & Rishwain (310-975-1080).