The Smoking Gun broke the news that Penguin has sued a number of authors “who failed to deliver books for which they received hefty contractual advances.”

The list of writers includes Elizabeth Wurtzel, Ana Marie Cox and Herman Rosenblat. Trident Media Group chairman Robert Gottlieb wrote a scathing comment on the story.

Check it out: “Penguin this is wrong headed. Authors beware. Books are rejected for reasons other than editorially and publishers then want their money back. Publishers want to reject manuscripts for any reason after an author has put time and effort into writing them all the while paying their bills. Another reason to have strong representation. If Penguin did this to one of Trident’s authors we could cut them out of all our submissions.”

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Romance novelist Maya Banks has landed a 7-figure deal with Penguin’s Berkley Books imprint. Starting in 2013, Berkley will release a new erotica trilogy by Banks (pictured, via)–the Breathless series.

Book one, Rush, will hit bookstores in February 2013. The sequels Fever and Burn will follow in April 2013 and August 2013. Executive editor Cindy Hwang negotiated the deal with Trident Media Group literary agent Kimberly Whalen.

Here’s more from the release: “In this new trilogy Banks brings her talent for writing edgy, seductive, and darkly sexual novels to a story that will appeal directly to a wide group of readers.  The series follows three billionaires—Gabe Hamilton, Jace Crestwell and Ash McIntyre—who are best friends and business partners.  The men dominate both in the boardroom and in the bedroom.  Each novel in the trilogy will explore the relationship of one of the men as he discovers the woman he will love.”

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After almost three decades serving as a publicist for Penguin, Marilyn Ducksworth, resigned last week. According to Ducksworth, she is the victim of age discrimination.

The Washington Post has the story: “Fifty-six-year-old Marilyn Ducksworth filed papers Wednesday with New York’s Supreme Court asking for lost pay and punitive damages. She resigned last week after 27 years with Penguin and says in her lawsuit that older colleagues had been demoted and forced out in favor of younger employees and that she was ostracized after protesting the changes.”

The publisher denied the allegations releasing the following statement: “We can state categorically that it was Marilyn Ducksworth’s decision to resign and that Penguin does not condone, nor was there, any age discrimination or retaliation involved in her decision to leave.” (Via Sarah Weinman).

55 attorney generals from different states, districts and U.S. territories have reached an agreement with HarperCollins, Hachette and Simon & Schuster in the ongoing litigation over eBook pricing.

According to the terms of the deal, consumers who bought an eBook from any of the “Agency Five” publishers during April 1, 2010 until May 21, 2012 will receive compensation.

Hachette, HarperCollins and Simon & Schuster will pay consumers who purchased eBooks from any of the five agencies accused of price fixing, including Macmillan and Penguin, who have yet to settle. Payments will begin 30 days after the settlement gets its final court approval.

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Penguin’s Dutton imprint has moved up the publishing date for the Navy Seal memoir about the  killing of Osama Bin Laden.

Originally slated for an October release, No Easy Day: The Firsthand Account of the Mission That Killed Osama Bin Laden was then supposed to come out on September 11th, but will now be out on September 4th.

Publisher’s Weekly has more: “In a statement, the publisher said the publication was moved up ‘in response to the overwhelming excitement in the marketplace,’ and Dutton ‘now feels it is important to put No Easy Day on sale and let the book speak for itself.’”

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On September 11th, Penguin’s Dutton Adult is publishing a first hand account of the killing of Osama Bin Laden. The title, No Easy Day: The Firsthand Account of the Mission That Killed Osama Bin Laden, was written by a member of the elite squad who killed the terrorist leader known as SEAL Team Six.

The title has been published under the pseudonym Mark Owen, but Fox News reported that they discovered his real identity.

Penguin’s worldwide profits totaled £441 million for the first half of 2012, dipping by £16 million compared to the same period last year. Pearson, the corporate parent of Penguin, revealed these stats in its half-year earnings report.

Here’s more from the release: “Penguin’s first half trading was affected by three factors: a lighter publishing schedule, the exceptional performance of competitor bestsellers The Hunger Games and Fifty Shades of Grey and continued pressure on physical book publishing and retailing. We expect Penguin’s publishing and its competitive performance to be stronger in the second half of the year, and we expect the structural change to continue. In the second half, Penguin will continue to take action to adapt to the rapidly-changing industry environment and will be expensing integration costs associated with its acquisition of Author Solutions.”

Penguin US counted 132 bestsellers during the first half of the year, down from 157 bestsellers in 2011. The company noted that Nora Roberts, Harlan Coben, Charlaine Harris, John Green and Jenny Lawson all scored hits. Self-published novelists Tracey Garvis Graves and Sylvia Day both inked book deals with Penguin and were cited as bestsellers during the same period.

Mark Coker, founder of self-publishing platform Smashwords, criticized Pearson’s acquisition of self-publishing company Author Solutions in a recent post.

He suggested that the purchase was an investment in a business that makes money off of authors, rather than an investment in self-published authors. Coker wrote:

Does Pearson think that Author Solutions represents the future of indie publishing?  Author Solutions is one of the companies that put the “V” in vanity.  Author Solutions earn 2/3 or more of their income selling services and books to authors, not selling authors’ books to readers.  Does Pearson think so little of authors that they’ve decided they can earn more money selling them services than selling their books?  Don’t get me wrong, I have no qualm with indies investing in professional editing, proofreading and cover design. I encourage that.  There’s just something about this that feels icky.

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A number of publishing industry veterans made new career moves this week.

Kenneth Wright will join Penguin Books for Young Readers as vice president and publisher of Viking Children’s Books. Prior to this move, Wright worked as a literary agent at Writers House. Some of the writers and illustrators he has worked with include Caldecott Medalist Allen Say, Where Things Come Back author John Corey Whaley and Charles and Emma YA novelist Deborah Heiligman.

Regina Hayes will step down as president and publisher of the imprint, becoming editor-at-large. Hayes has been in children’s publishing for 30 years. She has worked with New York Times bestselling author Sarah Dessen, Speak author Laurie Halse Anderson and Max & Ruby series creator Rosemary Wells.

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Pearson, the corporate parent of Penguin Group publishers, announced plans to acquire self-publishing company Author Solutions, Inc (ASI) from Bertram Capital for $116 million in cash. According to the company, ASI earned $100 million in revenues last year, expanding by 12 percent the last three years.

Penguin has been getting into the self-publishing market for the past couple of years. The acquisition further solidifies Penguin’s push into the self-publishing market. According to a Pearson press release, “Penguin will gain access to ASI’s expertise in online marketing, consumer analytics, professional services and user-generated content. ASI will benefit from Penguin’s design, editorial and sales skills, and its strong international presence as it looks to expand outside the US.”   Read more