(2010) Tags: Fox
Overnight, LLC v. Kaufman
Glatt v. Fox Searchlight Pictures, Inc.
This diversity action is for breach of contract, breach of fiduciary duty and misappropriation of corporate opportunity against Overnight’s former president and chief operating officer Aaron Kaufman. Overnight is an independent motion picture production company run by Rick Schwartz. Among other things, Kaufman misrepresented his knowledge, skill and experience, pretended to be knowledgeable about the financing of motion pictures when he was not, secured financing for Overnight’s motion picture business by obtaining loans without consent on criminally usurious terms while at the same time giving away, also without consent, valuable guaranteed producer fees, credits and other compensation owed to Overnight.
Further, before these gross lapses in judgment Were discovered, Kaufman held Overnight’s contractual obligation to obtain financing for the motion picture “Black Swan” hostage to demands that Kaufman be let out of his contract to pursue a personal business venture — a demand which irreparably harmed Overnight’s relationship with other investors in “Black Swan,” ultimately forced Schwartz to forfeit his producer credit for “Black Swan,” damaged Ovemight’s ability to raise money from its own investors, and otherwise hurt Schwartz’s reputation in the motion picture industry.
Judgment: Plaintiff Overnight LLC, hereby dismisses this action. This dismissal is without prejudice.
Glatt v. Fox Searchlight Pictures, Inc.
Plaintiffs worked as unpaid interns on the Fox Searchlight-distributed film Black Swan and at the Fox corporate offices in New York City. They contend that the defendants, Fox Searchlight and Fox Entertainment Group, violated the Fair Labor Standards Act and New York Labor Law § 652, by failing to pay them as employees during their internships as required by the FLSA’s and NYLL’s minimum wage and overtime provisions.