Weinstein Co. Attorneys Set for Bankruptcy Hearing in Wake of Settlement Trial Balloon
After a week where settlement talks over Harvey Weinstein's alleged sexual misconduct have seemingly gained momentum, only to draw fire from some high-profile plaintiffs lawyers, attorneys in The Weinstein Co.'s Chapter 11 bankruptcy case are expected to meet next week in Delaware to argue a motion to liquidate the estate.
May 30, 2019 at 05:20 PM
5 minute read
After a week where settlement talks over Harvey Weinstein's alleged sexual misconduct have seemingly gained momentum, only to draw fire from some high-profile plaintiffs lawyers, attorneys in The Weinstein Co.'s Chapter 11 bankruptcy case are expected to meet next week in Delaware to argue a motion to liquidate the estate.
The hearing, scheduled for June 4 in a Wilmington courtroom, comes in response the debtor's request that U.S. Bankruptcy Judge Mary F. Walrath convert the proceedings to a Chapter 7 case in an effort to finally wind down the estates and bring more than 14 months of bankruptcy litigation to a close.
“For a variety of reasons, including considerations of insurance limitations and timing considerations regarding the initiation of potential proceedings, the debtors have concluded that conversion is the most effective course for maximizing recovery to the estates,” attorneys wrote in a May 14 court filing.
However, the hearing could provide some additional drama after attorneys for The Weinstein Co., its creditors and the New York Attorney General's office floated the possibility of a $44 million deal to settle civil claims by women who accused studio founder and disgraced Hollywood film producer Harvey Weinstein of sexual misconduct.
An attorney for a committee of the company's largest creditors, last week said that the tentative settlement, which would allocate $30 million to a broad pool of Weinstein's alleged victims, “could be a cornerstone” to a global settlement resolving the bankruptcy case. As a part of the proposed deal, which was first reported by The Wall Street Journal, $14 million would go toward paying the legal fees of Weinstein's associates, including former board members of The Weinstein Co.
However, some plaintiffs attorneys have balked at the idea of a settlement, in a blow to the idea advanced by attorneys representing The Weinstein Co. that it could quickly wind up its potential civil liability.
Attorneys in the bankruptcy case were expected to meet privately Wednesday to discuss a possible final resolution. They did not return calls this week seeking comment on the negotiations.
The company filed for bankruptcy in 2018, in the face of hundreds of millions of dollars in debt and multiple lawsuits filed by Weinstein's accusers. Last March, Walrath approved the studio's $310 million sale to Lantern Capital Partners, and since then, attorneys have been fighting over how to distribute proceeds from the sale among The Weinstein Co.'s creditors, Weinstein's accusers and bankruptcy lawyers working on the case.
Paul N. Heath, an attorney for The Weinstein Co., said at the the May 23 hearing that the parties last June resolved a dispute between Lantern Partners and the debtors, which resulted in a more than $20 million reduction in the purchase price. The creditors' committee originally opposed that agreement, but withdrew its objections in exchange for an increased role in the bankruptcy case going forward, he said.
In mediation, in became clear that any global settlement in the bankruptcy case would have to include an estate release of any claims against The Weinstein Co.'s former directors and officers, who have since been replaced by a reconstituted and independent board. The company has since asked for permission to retain Bernstein Litowitz Berger & Grossmann on a contingency-fee basis to assess the value and viability of those claims.
Mediation talks broke down in early April, but were revived earlier this month, thanks in part to pressure created by the debtor's motion to convert the case, Robert J. Feinstein, an attorney for the committee, said.
Feinstein told Walrath that the estate was running low on cash and that a settlement was needed before funds were further depleted by additional attorney fees.
“The contingency arrangement is another hand in a pie that's now considerably smaller than people would have liked to have obtained from that mediation,” Feinstein said at the hearing.
“I think we all owe it to the case, your honor, to get in a room and see if we can use the money that's now becoming available from the mediation to resolve this case in Chapter 11,” he said.
While the parties did not discuss the specific terms of the proposed settlement last week, an attorney for studio co-founder Bob Weinstein announced the tentative deal to resolve the civil claims against his brother.
“We now have an economic agreement in principle that's supported by the plaintiffs, the AG's office, the defendants, and all of the insurers, that if approved will provide significant compensation to victims, creditors of the state, and allow the parties to avoid years of costly, time-consuming, and uncertain litigation on all sides,” said Adam Harris, a partner at Schulte Roth & Zabel. “Obviously, that's the definition of what we think is a good settlement.”
Despite Harris' assurances, counsel to at least two Weinstein accusers have said that news of a resolution to their clients' claims was premature.
Ted Boutrous, who represents actress Ashley Judd, took to Twitter last week to clarify that his client was not a party to any settlement.
“Our client @AshleyJudd's case against Harvey Weinstein is ongoing and we intend to bring it to trial,” he wrote May 24.
Meanwhile, attorneys Douglas Wigdor and Kevin Mintzer, who represent actor Wedil David in her claims of sexual assault against Weinstein, called the media reports “false,” and said their client had “steadfastly rejected the proposed deal.”
“Sadly, rather than adequately compensate the rape and sexual assault victims of Harvey Weinstein who have pursued viable legal claims that have been brought within the statute of limitations, the proposed deal would provide millions of dollars to the ultra-wealthy directors of the Weinstein Company, such as James Dolan, and their big firm lawyers,” the attorneys stated.
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSoundCloud GC Takes Legal Reins of Condé Nast at Tumultuous Time
With SDNY Stay Lifted, Sex Trafficking Civil Suit Against Vince McMahon, WWE Gets Green Light
3 minute readBig Tech and Internet Companies Slammed With Consumer Class Actions in December
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250