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8/14/2019 Model Lawsuit
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8/14/2019 Model Lawsuit
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r.
D a t e d : July 24, 2008New York, New York
Kenneth SussrnaneMCCUE SUSSMANE & Z A P F E L , P . C .Attorneys for Pla in t i ff521 Fif th AvenueNew Y o r k , New York 10175(212) 931-5500
Defendants Addresses :Vivien Wang520 Broadway, l l t h F1 .New York , New Yo r k 10012
DN A Model Management520 Broadway, 1 l f h 1.New York, New York 10012
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SUPREME COURT OF THE CITY OF NEW YORKCOUNTY O F NEW YORK
1 MODEL MANAGEMENT,LLC, : Index No. 08/
Plaint iff ,
- agains t -
: VERIFIED: COMPLAINT
VIVIEN WANG, and DNA MODEL MANAGEMENT, :LL C
Defendants.
P la in t i ff 1 Model Management, LLC, by i ts
at torneys, McCue Sussmane & Zapfel , P.C. , for i ts Complaint
here in a l leges as fol lows:
PARTIES
1. Pla in t i ff 1 Model Management, LLC
(Plaint iff) is a New Yo r k l imited l iabil i ty company which
maintains i ts principal place of business at 42 Bond
Street , in the City, County and State of New York.
2. Defendant Vivien Wang (Wang) is an
individual residing in the City and State of New Yo r k .
3. Defendant D N A Model Management LLC is a New
York limited l iabil i ty company which maintains i ts
principal place of business at 52 0 Broadway, l l t h Floor, in
the City, County and State of New York.
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4. Plaintiff is one of the leading modeling
management companies in the United States and is engaged in
the representation of only exceptionally talented models
providing high fashion modeling services to the fashion and
entertainment industries.
5. Models represented by plaint iff are among
the most sought af ter in the industry as evidenced by the
extremely high calibe r of bookings. They have graced the
covers of every major fashion magazine, such as Vogue,
Cosmopolitan, E l l e and Glamour among many others. They
have appeared as the faces fo r media campaigns for
virtually every premier luxury brand.
6. Defendant DNA is one of the leading modeling
management companies in the United States.
7. Plaintiff employed defendant Wang from
August 16, 2004 through May 1, 2008. She commenced her
employment as the assis tant to the President of plaintiff
and was promoted to the posi t ion of model manager or
booker. Defendant Wang had full access to al l confidential
and proprietary information and trade secrets of plaintiff.
8. Defendant Wangs employment with plaint iff
positioned her in a situation of trust and confidence with
plaintiff s models. Defendant Wang performed unique
services ut i l izing the resources at her disposal to enhance
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her relat ionship with plaint iff 's models and to develop a
close working relat ionship with such models.
9. On April 30, 2008, plaint iff and defendant
Wang entered into the agreement which is attached hereto as
Exhibit A ( the "Wang Agreement") in connection with the
voluntary resignation by Wang of her posi t ion with
plaint iff . Plaint iff agreed to pay to defendant Wang two
months severance pay, and to continue to pay the premiums
fo r health insurance coverage for two months. In
considerat ion f o r such payments, defendant Wang agreed that
f o r a period of one year, Wang shall not direct ly or
indirect ly solici t or represent , or otherwise be act ively
involved with any change of management o f , any model
managed by the Company at the t ime of her termination or at
a n y t ime during the six (6) month period preceding such
date.
10 . On May 1, 2008 defendant Wang resigned her
posit ion with plaint iff .
11 . On or about June 2008, defendant Wang
commenced employment with defendant DNA.
12 . As an employee of DNA, Wang breached the
Wang Agreement by direct ly or indirect ly, sol ici t ing,
representing, and otherwise being act ively involved with
the change of management of at least one model managed by
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plaint iff at the t ime of her termination. An important
model represented by plaint iff , Deni.sa Dvorakova, has
notif ied plaint iff that she intends to terminate
representat ion by plaint iff and commence representat ion by
defendant DNA.
13. Plaint iff has a legit imate interest in the
protect ion against defendants ' competi t ive us e of model
relat ionships which plaint iff enabled Wang to acquire
through her direct performance of substantive management
services for plaintiff 's models during the course of her
employment.
14. There are no models represented by plaint iff
who came to plaint iff s o l e l y to avail themselves of the
services of defendant Wang or as the result of her
independent recruitment efforts , which plaint iff nei ther
subsidized nor otherwise f inancial ly supported.
15 . Defendant Wang disclosed to DNA plaintiff 's
confidential and proprietary information and trade secrets
of plaint iff .
16, The contact information of the models
represented by plaint iff and the identi ty a n d contact
information of the important f igures in their l ives and
careers, including family, at torney, accountant , business
manager or other advisors, are among plaint iff 's most
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crucial t rade secrets . This information is never available
to the public. Important designers, photographer,
advert is ing agency or other persons in the fashion industry
wishing to contact a model , can contact the model only
through her agency.
17 . Information regarding models contracts with
plaint iff is not publicly available, including the
existence of a contract , the date the contract expires, the
commiss ion ra te the model pays to p la in t i ff an d the
terr i tory i n which plaint iff is enti t led to represent the
Model. The information would prove invaluable to a n y
compet i tor seeking an o p p o r t u n e t ime window in which to
solici t a model whose contract is expiring and to offer a
commiss ion rate lower than the rate paid to plaint iff .
Information regarding differing commission rates could also
be used t o breed discontent among plaint i ff s models.
18. Information regarding models relat ionships
with other agencies around the world is not publicly
available, part icularly any model agency or scouting agency
(called a Mother Agency ) that may have referred a model
to plaint iff , the r ight of the Mother Agency to terminate
the representat ion of the model by plaint iff , and the
compensation paid t o the Mother Agency by pl aint iff .
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19. While models ma ga z e covers and
prest igious editorial photographs are used in h e r portfol io
and posted on websites to promote her career, photographs
of models work in advert isements or catalogues are rarely
used to promote a model . Information regarding the vast
majori ty of a models work, including information regarding
her earnings, contractual commitments to clients as well as
the myriad of potential cl ients who have me t the model
though cast ings, go-sees and other appointments, a n d to
whom her materials have been presented, is not available to
the public. All of such information is invaluable to an
agency seeking to solici t a model represented by plaint iff
by al lowing the competi tor to assure the model that her
representat ion wil l continue with the benefi t of the
information amassed by plaint iff .
20. Plaint iff s scouting practices and
relat ionships are not public information, including the
persons and companies around the world who refer new models
to plaint iff .
21. Defendant Wang uti l ized plaint iff s
confidential information and trade secrets to solicit
models to change management from plaint iff to defendant
DNA.
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22. Plaint iff s t rade secrets give plaint iff an
opportunity to obtain an advantage over competi tors .
23. Plaint iff maintains str ict secrecy with
respect to i ts t rade secrets and confidential and
proprietary information, which are known only to employees
of plaint iff , and are not disclosed to the public.
24. Pla in t i ff s t rade secre ts a re no t known
outside of the business of plaint iff . Plaint iff s t r a d e
secrets are not available from any public source and are
not public knowledge.
25 . Plaint iff requires employees such as
defendant Wang to enter into agreements with
nonsolici tat ion provisions to protect plaint iff against
disclosure of i ts t rade secrets or use of i ts t rade secrets
by competi tors .
26. Plaint iff has expended considerable t ime and
money to develop it s t rade secrets and such trade secrets
cannot be acquired or duplicated by others without hiring
an employee of plaint iff who would misappropriate
pla in t i ff s t rade secre ts.
27. As a result of defendant Wangs posi t ion
with plaint iff , and the resources and confidential
information and trade secre ts made available to defendant
Wang by plaint iff for the performance of her duties, the
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damages tha t wi l l be sustain ed by plaint iff a s a result of
the breach of the Wang Agreement could be irreparable and
go far beyond mere f inancia l damages , s ince the loss of
models which have been scouted , developed and pos i t ioned by
plaint i ff using plaint iff 's resourc es and unique know-how
would adver sely affect plaint iff 's reputat ion, prest ige and
s tanding in the indus t ry.
FIRST CAUSE OF ACTION(Breach of C o n t r a c t )
Against D e f e n d a n t Wang
28. Pla in t i ff repea ts and rea l leges each and
every al lega t ion conta ined in paragraphs 1 through 27 as i f
fu l ly se t for th h e r e i n .
29. Defendant breached t h e Wang Agreement.
30 . Pla in t i ff de l ivered to defendant Wang not ice
of breach of the Wang Agreement and demanded t h a t such
breach cease. Plaint iff is enti t led to an injunction
re s t r a in ing a d en jo in ing de fendan t Wang un t i l May 1,
2009, f rom, e i ther d i rec t ly or indirect ly, whether as a
principal , employee, s tockholder, partner, member,
director, off icer, manager, consultant , agent ,
representat ive, or otherwise , from solici t ing or
representing, or otherwise being act ively involved with any
change of management of , any model managed by plaint iff on
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May 1, 2008 or at any t ime during the s i x month period
preceding such date.
31. Plaint if f has suffered damages as the
result of the breach of contract by defendant in an amount
to be proven at t r ial .
SECOND CAUSE OF ACTION(Tortious Interference w i t h Contract)
Against D e f e n d a n t DNA
32. Plaint iff repeats and real leges each and
every al legation contained in paragraphs 1 through 31
hereof as if ful ly set forth herein.
33. The Wang Agreement is a val id contract
between t he plaint iff and defendant Wang.
34. Defendant DNA had knowledge of the Wang
Agreement
35. Defendant DNA intentional procured the
breach of the Wang Agreement by defendant Wang without any
just if icat ion.
36. Defendant Wang breached th e Wang Agreement.
37. Plaint iff suffered damages as the result of
the breach of the Wang Agreement by defendant Wang and as
the resul t of the inter ference with the Wang Agreement by
defendant DNA in an amount to be p r o v e n at t r ia l .
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THIRD CAUSE OF ACTION(Misappropriat ion of Trade Secrets)
Against B o t h Defendants
38 , P lain t i ff repea ts and rea l leges each and
every a l lega t ion conta ined in paragraphs 1 through 37
hereof as i f fu l ly se t for th here in .
39. Defendants have misappropr ia ted p la in t i ff s
t rade secre ts .
40 . Plaint iff is enti t led to a permanent
in junc t ion r e s t r a in ing and en jo in ing de fendan t s f rom,
either direct ly or indirect ly, whether as a principal ,
employee, s tockholder, partner, member, director, off icer,
manager, consul tan t , agent , representa t ive , or o therwise ,
disclosing or using any information of a confidential
nature which is not public informat ion re la t ing to
pla in t iff or any of i t s a ff i l ia tes , employees , or models .
41 . Pla in t i ff has incurred damages in an amount
to be proven at tr ial .
FOUIRTH CAUSE OF ACTION(Unfair Competi t ion)
Against Both Defendants
42. Pla in t i ff repea ts and rea l leges each and
every a l lega t ion conta ined in paragraphs 1 through 41
hereof as if ful ly set forth herein.
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43. Defendants misappropriated and exploited
confidential information belonging to plaint iff in abuse of
defen dant Wang's rela tions hip of t rust .
44. The unfair competi t ion by defendants h a s
resulted in damages to plaint iff in an amount to be proven
at t r ial .
WHEREFORE, Plaint iff respectful ly requests t h a t
judgment be granted a s fol lows:
A. On the f irst cause of action, granting an
in junc tion r e s t r a in ing and en jo in ing de fendan t Wang un t i l
May 1, 2009, f rom, either direct ly or indirect ly, whether
as a principal , employee, s tockholder, partner, member,
director, off icer , manager, con sultant , agent ,
representat ive, or otherwise, sol ici t ing or representing,
or otherwise being act ively involved with any change of
management of, any model managed by plaint iff on May 1,
2008 or at any t ime during the six month period preceding
such date, and awarding damages against defendant Wang in
an amount to be proven at t r ial .
B. On the second cause of act ion , awarding
damages against defendant DN A in an amount to be proven at
tr ial .
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C. On the third cause of action granting a
permanent injunction restraining and en jo in ing de fendan t s
f rom, either direct ly or indirect ly, whether as a
principal , e m p l o y e e , stockholder, partner, member,
director, off icer, manager, consultant , agent ,
representat ive, or otherwise, disclosing or using any
information of a confidential nature which is not public
information relat ing to plaintiff or any of i ts aff i l iates,
employees, or models; and awarding damages again st
defendants in an amount to be proven at t r ial .
D. Awarding damages on the fourth cause of
action against defendants in an amount to b e p r o v e n a t
t r ial .
E. Awarding such other and further rel ief as
this Court deems just and proper, including cos ts and
disbursements, and interest on the foregoing.
Dated: J u l y 24, 2008New Y o r k , New York
,MCCUE SUSSMANE & Z A P F E L , P . C .
\ \
Keyneth SussmaneA t t o r n e y s for Plaint iff52 1 Fifth Avenue, 2 8 t h FloorNew York, New York 10175( 2 1 2 ) 9 3 1 - 5 5 0 0
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1
-1 -:-- -
1
SUPREME COURT O F T H E C I T Y O F NEW YORKCOUNTY O F NEW YORK- - - _ _ _ _ _ _ _ _ - - -
1 MODEL MANAGEMENT, LLC,
Plaintiff,
vs
VIVIAN WANG and DNA MODEL
MANAGEMENT LLC,
Defendants._ _ _ _ _ _ _ _ _ _ _ - - -
: Index N o .
M c C u e Sussmane & Z a p f e l , P . C .Attorneys f o r Plaintiff
5 2 1 Fifth Ave., 28th FloorNew York, N ew Y o r k 1 0 0 1 8
(212) 931-5500
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