InsideMobileApps InsideSocialGames 10,000 Words FishbowlNY FishbowlDC LostRemote TVNewser TVSpy AgencySpy PRNewser MediaJobsDaily UnBeige

Posts Tagged ‘Brian Kaplan’

Abate v. ICM: Judge Denies Preliminary Injunction Request

Josh Getlin at the LA Times reports that Judge Peter Leisure has ruled against ICM in their quest to block Richard Abate from working as an agent with Endeavor. The 18-page ruling issued earlier this afternoon stated that ICM had not proven that Abate’s decision to join Endeavor, before his contract expired, posed an imminent threat to the agency.

Variety’s Michael Fleming has more, including how Abate’s status at ICM – where his current contract runs until December 31 – will now be handed over to an arbitrator, who will decide what commissions are owed to ICM.

When reached for comment, Abate’s lead attorney, Brian Kaplan of Kasowitz, Benson, Torres & Friedman, LLP stated that “My client is extremely pleased with the Court’s decision, and looks forward to continuing to work on behalf of his clients.” In response to queries made to ICM, Richard Levy, the company’s general counsel, issued this statement: “We are disappointed with the Court’s decision. However, on behalf of our clients who rely on our efforts to protect their privacy and enforce the integrity of their contracts, Richard’s blatant misconduct compelled us to act. The final outcome now will be determined by an arbitrator. ICM has the preeminent publishing division in the industry and as always, our clients and continued outstanding service to them, comes first.”

Mediabistro Course

Content Marketing 101

Content Marketing 101Starting September 8, get hands-on content marketing training in Content Marketing 101! Through a series of webcasts, content and marketing experts will teach you the best practices for creating, distributing and measuring the results of your brand's content, including how to develop a content marketing plan, become a content marketer, and more. Register now! 

Abate v. ICM, Day Two: Laying Out the Timeline

If there’s one thing yesterday’s proceedings in Judge Peter Leisure‘s courtroom demonstrated, it’s the extreme disconnect between legal relevance and true-blue drama. From a legal standpoint, all the preliminary injunction hearing (which wrapped up by 4 PM yesterday) accomplished was to show whether there was enough standing to hold Richard Abate to the terms of his ICM contract until the last day of 2007, or whether ICM’s contract, forbidding Abate to even discuss options with Endeavor, was anticompetitive according to New York law. That will be decided fairly quickly – likely within the week – as Leisure, testier and more impatient than he’d been on Thursday, remarked once more that he’d “never seen such a delay on proceedings for a preliminary injunction” as well as the scuttled TRO. From a contractual standpoint, either Abate left – thus violating his existing contract – or he was fired in passive-aggressive fashion because turning down a new offer imperiled his future and so he needed backup in case that happened.

But you’re not reading this lengthy account for legal wranglings (even though there were plenty, especially when Abate’s father-in-law, Harold Moore, could only testify in limited fashion thanks to attorney-client privilege, a point vigorously debated between ICM counsel A. Michael Weber and Abate’s lawyer Brian Kaplan.) You want the drama. And boy, was there drama, never more evident than when a steely-eyed Esther Newberg, pursing her lips and visibly unhappy to have spent most of the day cooling her heels in the jury room under sequestering until she was called to the stand around 2:30 PM, testified that she felt “betrayed” by Abate’s surprise exit on February 9, someone whom she characterized as being a close friend – though not anymore. Add Sloan Harris‘s testimony as well as Abate’s completion of his to the mix and the real story of this hearing is not so much about money, but about how seemingly close relationships deteriorated so suddenly, so badly – which might explain why the arbitration demand slapped upon Abate late last week is to the tune of $10 million dollars.

But first, let’s backtrack to the very beginning of the day’s events, when Judge Leisure reminded the court that the hearing ought to have wrapped up in a single day and he felt much of it was a waste of time. “I hope we can make some headway here,” he said, and while the court may not quite have got its wishes, the reporters in attendance – yours truly, the LA TimesJosh Getlin and a late-arriving Michael Fleming from Variety – certainly did.

Read more

Abate v. ICM, Day Two: ICM Strikes Back

Richard Abate was understandably relieved to finally leave the stand around 2 PM or so, having been grilled at great extent by both his own counsel as well as ICM‘s. Not only do we know know a hell of a lot about what happened leading up to his departure, but also about some of his pending deals, such as YA superstar Lisi Harrison‘s new deal, “the biggest in ICM history”, Chuck Hogan‘s probable collaboration with PAN’S LABYRINTH director Guillermo Del Toro, and of course, a whole lot of financial information. But the fun really began when Esther Newberg took the stand and related her side of events.

“I did view him as my friend,” Newberg said pointedly, making it extremely clear she now thought otherwise. “He never mentioned any interest in Endeavor,” even while he talked off and on about not being ready to make a decision with regards to the contract renewal, that he needed to talk to his wife or maybe go off on his own. Newberg claimed Abate’s reticence stemmed from being unhappy, jealous even, about Sloan Harris‘s elevation to co-president of ICM when he was only four years older than Abate. And that is where the betrayal – which Newberg stated she “felt then and now” – stemmed from: “[Abate] told me it didn’t bother him that Harris, only four years older with a stunning client list, was elevated.” Even though Newberg thought highly of Abate – “we wanted him to renew, and made it clear he could do whatever he wanted, even fly back and forth between New York and Los Angeles because he had an interest in doing more Hollywood work” – she never viewed him as a possible co-president as ICM didn’t think “he had enough judgment” for the position.

Read more