Harvey Weinstein Sues Weinstein Co. in Chancery Court, Seeking to Eye Records
Disgraced Hollywood producer Harvey Weinstein on Thursday sued The Weinstein Co. in the Delaware Court of Chancery, seeking to access records in order to defend against civil and criminal allegations and to possibly mount a wrongful termination case against the company he founded with his brother in 2005.
October 27, 2017 at 12:49 PM
4 minute read
Disgraced Hollywood producer Harvey Weinstein on Thursday sued The Weinstein Co. in the Delaware Court of Chancery, seeking to access records in order to defend against civil and criminal allegations and to possibly mount a wrongful termination case against the company he founded with his brother in 2005.
Thursday's filing came just over a week after The Weinstein Co. board ousted Weinstein as co-chairman at the privately held motion picture firm, amid damning allegations that he had sexually harassed and assaulted women in the industry for decades.
Since then, an actress has sued The Weinstein Co. for $5 million in damages, claiming that the company's board had known about Weinstein's alleged misconduct. And New York Attorney General Eric Schneiderman has opened a probe into whether the allegations against Weinstein reflect broad gender discrimination and other civil rights violations at The Weinstein Co.
According to the complaint, Weinstein is requesting emails to and from his company email, as well as personnel and employment files that he believes could exonerate him and shield the firm from liability stemming from the allegations.
“Mr. Weinstein is in a unique position to offer insight, and further explain and contextualize his emails,” Weinstein's attorneys wrote in the 11-page filing. “By providing Mr. Weinstein access to his emails, he can more efficiently assist the company in its investigation of these issues and defense of the NY AG investigation and any other claims asserted against the company.”
Weinstein's legal team is headed by Patricia L. Glaser, the powerful Los Angeles attorney who had previously threatened a wrongful termination suit against The Weinstein Co. Glaser was not immediately available to comment on Friday.
According to the complaint, Weinstein sent a letter to the board on Oct. 18, one day after he was officially fired, demanding that it turn over emails, personnel files and the company's code of conduct, which the board used to justify Weinstein's removal. The board produced the code of conduct, but refused to provide any other information, the complaint said.
Meanwhile, a special committee of The Weinstein Co. board has hired its own attorneys to conduct an “independent investigation” into allegations of Harvey Weinstein's misconduct, the complaint said. The committee has requested a host of information as a part of that probe, the complaint said, including financial statements, phone records and other communications from Weinstein and his assistant.
The committee has also asked that Weinstein agree to waive any relevant nondisclosure or confidentiality agreements that could potentially impede its work.
“From the stated purpose of the investigation letter to the categories of documents and information it seeks from Mr. Weinstein, it is clear that the company is performing an investigation to determine whether and to what extent the company may face liability because of the allegations against Mr. Weinstein,” the complaint said.
Weinstein—who still holds the largest individual stake in The Weinstein Co., along with his brother, Bob—has agreed to assist the board's investigation, as it relates to his own interests, the complaint said.
However, Weinstein's attorneys indicated that he could pursue further litigation against the company, including a potential wrongful termination suit and claims related to alleged leaks of Weinstein's confidential personnel file.
The complaint also cited media reports that the board is exploring a sale of the company at a significant discount in the wake of the allegations leveled against Weinstein.
“If the board agrees to sell the company for less than it would be worth because of the threat of unsubstantiated or false allegations, Mr. Weinstein will receive less than he should have received as a member,” the complaint said.
Weinstein—who, in addition to his termination from The Weinstein Co., was expelled from the Academy of Motion Picture Arts and Sciences in the wake of the sexual misconduct allegations—has asked the court to fast-track the proceedings, so that he can begin to “assist the company” in defense of any claims levied against it. Under Weinstein's proposed timeline, the company would be required to respond to the complaint by Oct. 30.
Weinstein is represented by Glaser, Kerry Garvis Wright and Michael E. Gerst of Glaser Weil Fink Howard Avchen & Shapiro. Peter B. Ladig, Brett M. McCartney and Elizabeth A. Powers of Morris James are acting as local counsel.
The case is captioned Weinstein v. The Weinstein.
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