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Talent Agency Sexual Harassment
Wednesday, 10 February 2010
By BILL HETHERMAN

   LOS ANGELES (CNS) - A woman who alleges she was sexually harassed and
fired by the Hollywood agent who helped Brad Pitt and Angelina Jolie get $15
million for photos of their twins can take most of her case to trial, a judge
ruled today.
   Los Angeles Superior Court Judge Holly E. Kendig found there were
triable issues in Heather Devlin's case against Todd Shemarya, except for her
claims for unpaid overtime and denial of rest and meal breaks. Those were
thrown out on grounds that, as a talent agent, her job had only limited
supervision and she was therefore a salaried employee.
   But despite Devlin's overall victory in court today, the judge said she
saw problems ahead for the woman's suit, which is set for trial on March 8.
   ``It is not going to be an easy case for either side to try in front of
a jury,'' Kendig said.
   Kendig also turned away a request by Shemarya's attorneys to impose
sanctions of more than $500,000 on Devlin's lawyers. They maintained the suit
was filed to harass their client.
   Devlin's lawyer, Keith A. Fink, said he was pleased with today's rulings.
   ``The First Amendment's protection for freedom of speech doesn't give an
employer the right to sexually harass a woman in the workplace,''
Fink said.
``Defense counsel's argument in his motion that a boss can denigrate a woman
with demeaning and degrading sexual comments is one that has no basis in the
law and is an affront to important civil rights principles set forth in anti-
discrimination legislation.''
   Devlin filed her suit in November 2008 against Shemarya and his company,
Todd Shemarya Artists Inc., alleging sexual harassment, wrongful termination,
gender discrimination and retaliation. She alleges he fired her as his personal
assistant to make way for his former gay lover, Parke Steiger.
   Shemarya, whose clientele also includes Matthew McConaughey and
Christina Aguilera, is alleged by Devlin to have subjected her to a barrage of
offensive sexual comments.
   But in court papers contained within more than 1,000 pages of documents
submitted in support of his motion to dismiss the case, Shemarya attorney Adam
Levin said it was ``undisputed'' that Devlin regularly used crude language.
   Levin's court papers say Devlin is a ``self-described fag hag'' -- a
name given to a woman who associates mainly with gay or bisexual men -- who
often dined with Shemarya and referred to him as ``sweetness,'' ``doll,''
``sunshine'' and ``a wonderful man.''
   Another Devlin lawyer, Olaf J. Muller, said his client and Shemarya were
no longer friends at the time of her firing.
   Shemarya maintains Devlin was fired in part for not getting work for his
clients and says she managed to get one of his more famous ones angry at her.
   ``In or about 2006, Jennifer Aniston called me (sounding) very unhappy
and complained about Heather having called Jennifer's assistant to gossip,''
Shemarya says. ``I spoke with Heather about Jennifer's complaint, and she
denied having done anything wrong.''
   Denying any gender discrimination, the agent also says he replaced
Devlin with a woman and that his relationship with the Steiger ended  two years
before the man began working with him.
   Unlike agents who help famous clients get film deals, brand agents like
Shemarya help celebrities take advantage of their fame by arranging contracts
that result in free luxury goods and designer brands.
   According to Devlin's suit, she was forced to hear jokes by Shemarya at
work about Pitt, McConaughey, Djimon Hounsou and singer k.d. lang, all centered
on their sexuality or private parts.
   Devlin also alleges she was present while Shemarya engaged in vulgar
telephone conversations in the office with his female friends, including
Aniston, producer Constance Schwartz and longtime Pitt rep Cynthia Pett-Dante.
   When Shemarya fired Devlin from her $125,000-a-year job, she sought
revenge and ``filed (her lawsuit) filled with scandalous allegations involving
celebrities represented by (Shemarya),'' according to the agent's court papers.
 
Nightclub Kingpin Assaulted
Tuesday, 09 February 2010
 
Former club king Chris Paciello was arrested on a charge of assault with a deadly weapon after a nightclub brawl at Voyeur in West Hollywood. Paciello, a mobbed-up former Miami nightclub owner who dated Madonna and Sophia Vergara, was imprisoned in 2000 for six years for his role in a Staten Island robbery and murder. On Feb. 2 at 3 a.m., Paciello was busted following a fight with club security. A rep for the LA County Sheriff's Department told Page Six that Paciello was released later that day on a $30,000 bond.
 
Paciello's lawyer, Keith Fink, insisted to us: "There was no weapon involved. The only weapon was his hands. The bouncers were pushing a number of people outside Voyeur, and a number of fights broke out. Chris pushed back, and then three or four bouncers jumped on him and kicked the [bleep] out of him. He was in the wrong place at the wrong time. He is contemplating civil action against the bouncers."
 
 
 
Lawyer Claims Success in Serving Jennifer Aniston With Depo Subpoena
Thursday, 17 December 2009

 

 

 

 By Bill Hetherman

   LOS ANGELES (CNS) - A lawyer for a woman suing a Hollywood agent for
alleged sexual harassment is claiming success in serving one of the defendant's
celebrity clients, Jennifer Aniston, with legal papers asking her to testify in
a deposition.
   Published reports show the legal documents regarding Heather Devlin's
lawsuit being placed on the windshield of Aniston's sport-utility vehicle
outside the Sunset Tower hotel on Thursday night, then being picked up by her
bodyguard.
   Keith A. Fink, Devlin's lawyer, said the resistance of celebrity
witnesses in the case to accept subpoenas has forced his office to wait for
them outside fashionable establishments alongside the paparazzi.
   ``It is unfortunate that we had to waste time and money trying to serve
Ms. Aniston, but this was necessitated by defendants' game of hide-and-seek,''

Fink said. ``Every witness in this case who is a celebrity, the defendants
refuse to voluntarily produce or give us contact information.''

   Devlin's attorneys want to take testimony from the former ``Friends''
star as well as Brad Pitt, Angelina Jolie and Rachel Zoe -- star of the Bravo
network reality television show ``The Rachel Zoe Project'' -- concerning a
lawsuit against the plaintiff's former boss, Todd Shemarya.
   Shemarya helped Pitt and Jolie get $15 million for photos of their
twins. His clientele also includes Matthew McConaughey and Christina Aguilera.
    Unlike agents who help famous clients get film deals, brand agents like
Shemarya help celebrities take advantage of their fame by arranging contracts
that result in free luxury goods and designer brands.
   Devlin filed her sexual harassment and wrongful dismissal suit against
Shemarya and his company, Todd Shemarya Artists Inc., in Los Angeles Superior
Court in November 2008 alleging he made vulgar jokes in the workplace about
celebrities.
    Shemarya is alleged by Devlin to have subjected her to a barrage of
offensive sexual comments.
   According to Devlin's suit, she was forced to hear jokes by Shemarya at
work about Pitt, McConaughey, actor Djimon Hounsou and singer k.d. lang, all
centered on their sexuality or private parts.
   Devlin also alleges she was present while Shemarya engaged in vulgar
telephone conversations in the office with his female friends, including
Aniston, producer Constance Schwartz and longtime Pitt rep Cynthia Pett-Dante.
   She also maintains Shemarya fired her as his assistant to make way for
his former gay lover, Parke Steiger.
   Devlin's attorneys say information obtained in the depositions will help
them prepare their opposition to Shemarya's motion to throw out the case,
scheduled for Feb. 2.
   Another hearing is scheduled Dec. 22 on whether Devlin's lawyers are
entitled to the addresses of all four celebrities, although the service of
papers on Aniston may make the hearing regarding her moot.
   Devlin's attorneys say Pitt and Jolie could have crucial information and
that the privacy rights of the pair are not absolute. They point to their
client's deposition regarding alleged misappropriation of expensive merchandise
by Shemarya.
   ``(Devlin) testified that (Shemarya) had ordered her to commit fraud by
requesting products from various high-end labels on behalf of Mr. Pitt and Ms.
Angelina Jolie when, in fact, the products were for (Shemarya's) own use and
were ordered without Mr. Pitt's knowledge,'' according to the plaintiff's court
papers.
   Devlin's lawyers say they want to depose Aniston and Zoe based on a
sworn declaration by Shemarya in which he says both women told him they had
problems with Devlin.
   ``In or about 2006, Jennifer Aniston called me (sounding) very unhappy
and complained about Heather having called Jennifer's assistant to gossip,''
Shemarya's declaration states. ``I spoke with Heather about Jennifer's
complaint, and she denied having done anything wrong.''
   In the Zoe example, Shemarya says Devlin was not a reliable travel planner.
   ``In ... 2006 ... Zoe called me very upset and complained that Heather
had booked her to travel on the wrong date, had not given her information she
needed for the job and had not followed through with her,'' Shemarya stated.
   Zoe told Shemarya she did not want to work any longer with Devlin, so he
had to remove her from the stylist's account, he says.
   ``I confronted Heather with Zoe's complaints and she denied that she had
done anything wrong and sought to blame others,'' Shemarya stated.
   The agent also says he replaced Devlin with a woman, and that his
relationship with Steiger ended two years before the man began working with
him.
   Shemarya's lawyer, Adam Levin, states in his own sworn statement that
the motion by Devlin's attorneys ``implicates the fundamental privacy rights of
Pitt, Jolie and Aniston, non-parties to this litigation.'' Levin does not
mention Zoe.
   Copies of letters from the law firm of Lavely & Singer -- attorneys for
Pitt, Jolie and Aniston -- objecting to the Devlin motion are contained within
court papers in the case. The letters state that all three celebrities
constantly deal with ``unwanted, harassing and/or even threatening intrusions
by overzealous fans, unbalanced or psychotic pursuers and even certain
paparazzi.''

 

 

 

 

 
Jon Voight Ordered to Pay Attorney Fees
Friday, 06 November 2009

 

 

 

 Jon Voight Ordered to Pay Attorney Fees
By Bill Hetherman

Actor Jon Voight and the parents of his manager must reimburse $100,000 in attorney fees in a lawsuit they filed against two New Zealand producers who had sued the three claiming they steered them wrong on movie projects.

Daybreak Pacific Ltd. producers Paul and Mark Huljich sued Voight, along with Hank and Dorothy Paul, and others, in federal court in February 2006, claiming fraud and breach of contract and seeking millions of dollars over failed business investments.

The Huljiches maintained they would not have invested in film projects with Steven Paul but for Voight's alleged assertions that members of the Paul family were people of integrity.

The Pauls, who are in their 70s, are the parents of Voight's manager, Steven Paul.

The Huljiches on June 26 were awarded a $630,000 judgment in the federal court suit, but the judgment was against defendants in the case other than Voight and the Pauls.

After being found innocent, Voight and the Pauls alleged in a malicious prosecution complaint filed May 28 in Santa Monica Superior Court that the producers and their attorneys had no reasonable grounds for suing them.

Voight maintained the Huljiches sued him and his manager's parents solely to get a settlement from the manager.

The lawyers for the Huljiches filed motions to dismiss the parts of the Superior Court case against them on grounds it was brought to keep their clients from enforcing the $630,000 judgment, and on Aug. 10, Santa Monica Superior Court Judge Elizabeth A. Grimes dismissed the part of the case against attorney Peter J. Anderson, who represented the Huljiches for a short time, according to Anderson's lawyer, David J. Wilson.

Later that month, court papers were filed on behalf of Voight and the Pauls dropping their case against former Huljich attorneys Petty Tsay and David Rose. Tsay and her firm, Eisner Frank & Kahan, then filed a motion for attorneys' fees.

Grimes ruled that Voight and the Pauls must share in paying $100,000 in those fees.

And now, the attorneys who were sued for malicious prosecution may sue the actor for malicious prosecution.

"The suit against the ... law firm had no basis and was an attempt by the plaintiffs here to extort a reduction in the amount awarded in the underlying matter," Tsay attorney Keith A. Fink said. "While we are happy with the order ... this doesn't unscramble the negativity my clients had to endure from this baseless lawsuit. We will be filing a malicious prosecution action against Mr. Voight."

Attorney Joe Hariton, who represents all three plaintiffs, did not immediately return a call for comment on today's ruling.

Voight and the Pauls were never able to serve the Huljiches with the lawsuit, Fink said.

 
Woman's Lawsuit Against Playboy Centerfold of the Year Dropped
Friday, 06 November 2009

 

 

 

Playmate Victory: Woman's Lawsuit Against Playboy Centerfold of the Year Dropped

Playboy Playmate of the Year Ida Ljungqvist won a
round in court when a woman dropped a lawsuit alleging the centerfold teamed
with the plaintiff's estranged husband to take child support from her children.

A Santa Monica Superior Court minute order dated Monday stated that
Katrina Kantner's case was dismissed.

Ljungqvist's lawyer, Keith A. Fink, said Kantner decided not to pursue
her lawsuit after she and her new attorney were told they faced the likelihood
of a malicious prosecution action.

Kantner's lawyer, Robert E. Gentino, did not immediately return a call
for comment.

Kantner filed the lawsuit May 28. She alleged her husband, Doug Kantner,
gave Ljungqvist more than $90,000 in cash and gifts while failing to honor
his obligation to pay her $10,000 a month in child and spousal support.

Fink said his client was not engaged in any kind of amorous relationship
with Doug Kantner and that she was being targeted because she is a celebrity.

"The claims against Ms. Ljungqvist were entirely false and spun from
whole cloth by Ms. Kantner in an attempt to harm her ex-husband, who she is
still involved with in a nasty divorce," Fink alleged.

"The most maddening of the false allegations to me was that Ms. Kantner
wasn't paid in full by her husband for all child and marital support," he
said. "This was a lie and she was paid in full."

Ljungqvist, 28, is the first African-born Playmate. She has raised funds
for charities that help malnourished children and provide medical care to HIV-
positive children in her native Tanzania, Fink said.

 
Judgment against international real estate investor reduced by $1M.
Saturday, 31 October 2009

Court of Appeal agrees with legal arguments presented by Keith A. Fink and S. Keven Steinberg that judgment against real estate investor violated due process and should be reduced from $1,363,532.32 to $381,850.05. 

Steve Erdman v. Dromy International Investment Corporation, et al., Case No. B194592 (PDF)
 
Courtney Love ditched Los Angeles to make New York City her home again
Monday, 26 October 2009
 
Courtney Love has moved back to New York - driven out of Los Angeles by double-crossing employees she says "tried to take me to the loony bin."

Love tells us she's sought refuge here after people on her payroll enlisted off-duty, gun-wielding cops to stage bogus "raids" on her Malibu home in a bid to help themselves to the fortune of her late husband, Kurt Cobain.

Rehabbed rocker Love, who was ordered to have a hospital observation in 2003, vouches that she was sober last year when men claiming to be LAPD and Malibu sheriff's officers came to her house three times with "trumped-up John Doe warrants" to get her (rather than a court-issued psychiatric hold order).

One night, Love says, "a flood of guys, at least 10, came to my house. They said there was an ambulance outside, even though we never saw one. I tried to be charming. But one of the guys points a gun at me. My daughter, Frances, ran and hid under the house."

Love says the standoff was defused by a private investigator she'd hired and who later urged her to get tighter security.

Corroborating Love's harrowing tale are Adam DelMonte and Michael Kenworthy of AC Digital Services, who say they recorded the "blitz" on security cameras they installed in Love's house. "These impostors then flipped the situation on Mrs. Cobain and tried to strong-arm her and scare her into feeling she needed to hire them for protection," DelMonte and Kenworthy assert in a letter. "Fortunately, we were able ... to get them out of her life."

Love's computer consultants at AC Digital also say they found evidence that her former staffers attempted to divert funds "to senior citizen housing developments and property all throughout the United States [and installed] numerous types of spyware on her computers and her phone. Both her camera and microphone on her cell phone were bugged at one point, and her computer is so riddled with viruses that anyone could hack in."

Love, 45, says she has reported the incidents to the LAPD, "but nobody calls me back." Asserting that one of her money managers wanted to "shut this girl up," a sobbing Love tells us: "I got chased out of my own bleeping town."

The rocker, now living in Tribeca and working on her next Hole album, has since hired attorney Keith Fink. Fink alleges her previous lawyers and business managers claimed unwarranted commissions on the sales of shares, worth $36 million, that she and her daughter held in Nirvana's song catalogue. Love's former handlers deny that claim.

"I believe there's validity in Ms. Love's allegations," says Fink, who says he may also sue Frances' trust.

Love said she has contacted New York Attorney General Andrew Cuomo, but admits that, although she feels more together than she's ever been, she's dogged by her reputation.

"My biggest problem," she says tearfully, "is that I'm Courtney Love."
 
 
TMZ: Courtney Love -- $300k in the Hole
Thursday, 15 October 2009
 
 Uncle Sam is on a rampage -- and this time he's gunning for Courtney Love.

According to a federal tax lien filed in Los Angeles County, the former Hole lead singer owes the gub'ment $324,335.21 in back taxes from 2007.

Love's lawyer, Keith Fink, blamed her tax troubles on her former business manager -- but added, "Ms. Cobain has every intention of paying those taxes."
 
 
The Daily Mail: American Apparel
Saturday, 10 October 2009
 
For any self-respecting middle-class teenager, it seems that no
wardrobe is complete without at least one item of clothing from
American Apparel.

Those who have never heard of the store, which churns out the jersey
hoodies, T-shirts and leggings so loved by youth, are, according to
fashionistas, either too old or too boring.

New branches of the Los Angeles-based firm are springing up on High
Streets across Britain as a serious rival to shops such as Gap and
Topshop.

But what most parents of teenagers who shop there probably don't know
is that American Apparel is attempting to widen its appeal to young
consumers with a string of highly controversial adverts.

Take this week, for example. Anyone purchasing a copy of OK! Magazine
will be greeted by the sight of a full-page American Apparel
advertisement splashed across the back cover.

Like nearly all of the company's ads, it features what appears to be
an amateur photograph of a girl in her bedroom - she looks barely old
enough to be out of school - naked but for a see-through lace
bodysuit, and sprawling on a bed in a very suggestive posture.

The girl happens to be a model, but it is the kind of photograph which
would send shivers down the spine of anyone with a teenage daughter.

Worse still, according to the company's own publicity, any of its
customers can send in photographs of themselves in American Apparel
underwear and clothing to be considered for publication  -  a worrying
thought indeed. Stunts like these have landed the firm in trouble.

A month ago, the British Advertising Standards Authority banned an
American Apparel advert which it claimed risked making a 23-year-old
woman, photographed revealing her nipple, look like a child as if 'she
was stripping off for an amateur-style photo shoot'.

This ad was just the latest in a line of highly sexualised images
featuring young models with girlish bodies.

Last year, American Apparel's turnover worldwide was around $500million.

In the UK, the 'brandless' brand - the clothes are logo free - is
adored by everyone from Amy Winehouse and Sienna Miller to the yummy
mummies of London's Kensington and Notting Hill, where new stores have
opened up selling clothing for everyone from young adults to babies.

But would they be so enthusiastic if they knew about the disturbing
background of the man behind the company?

Dov Charney is the chief executive, and already his critics have
accused him of being as sleazy as the images he personally helps to
create.

The 40-year-old Canadian, who is not married and has no children, has
a penchant for parading around his offices in his underwear and
showing off his vintage porn magazine collection.

He boasts of having a voracious sexual appetite and of having sex with
female employees.

He spurns professional models and instead handpicks girls off the
street, from strip clubs, or from his factory floor to model for sexy
photo shoots during which he himself wields the camera.

And if advertising regulators were hoping that the company would tone
down its campaigns, then this week's advertisement on the back of OK!
makes it clear Charney had no intention of doing that.

Indeed, according to one former employee of the firm, staff were told
that the company wanted to cultivate a 'dirty MySpace look' for its
ads, a reference to the disturbing trend among teens to post
provocative, seductive photographs of themselves on social networking
websites.

Charney, with his droopy moustache, straggly hair and unkempt
appearance, looks nothing like a selfmade billionaire. Those who have
met him liken his physical appearance to a Seventies porn baron.

Charney himself likes to justify his behaviour as 'sexual freedom':
'I'm not saying I want to s*** all the girls at work, but if I fall in
love at work it's going to be beautiful and sexual,' he readily
explained in one interview.

In the U.S., his alarming antics have landed him at the centre of a
string of sexual harassment cases.

One action includes claims that he chaired business meetings naked,
and had photographs of naked female employees - whom he apparently
likes to refer to as 'sluts' and 'whores'  -  on his office computer.

Charney trumpets that he likes to mix business with pleasure - and as
the mastermind behind a hugely successful international brand, the
fast-talking businessman with the murky past knows that sex sells.

Three former female employees have brought sexual harassment cases
against him - two were settled - but the allegations themselves, and
Charney's response to them, are worrying indeed.

Former sales manager Mary Nelson spoke of a 'reign of sexual terror'
and claimed she once attended a meeting where Charney wore nothing but
a sock to maintain his modesty  -  something Charney tried to justify
by claiming he was modelling a 'potential product'.

Jeneleen Floyd, who worked in the product placement department,
claimed that Charney marched into her office in a rage and demanded
that she pretend to perform a sex act for him.

If such allegations seem outlandish, U.S. journalist Claudine Ko spent
a month with Charney for Jane magazine, and described his sexual
behaviour in shocking detail. Charney later claimed he thought the
incidents, which were consensual, were private.

According to LA attorney Keith Fink, the work environment inside
Charney's office 'makes the film Animal House look like choir practice'.


Charney claims there is nothing wrong with walking around his office
in his underwear, since his company designs and manufacturers underwear.

'I frequently drop my pants to show people my new product,' he told
Fink in a legal deposition seen by the Mail this week. And he argues
that anything sexual that happens at American Apparel is consensual.


'American Apparel is a sexually charged workplace, where employees of
both genders deal with sexual conduct, speech and images as part of
their jobs.' An interesting company outlook, to say the least.

Fink is handling two more legal actions being taken against Charney by
two male employees.


Axel Brake, who was sent to Germany and put in charge of American
Apparel's European operations, claims that Charney had a group of
female employees, known as 'Dov's Girls', who were promoted despite
their lack of business experience.

According to legal papers filed at Los Angeles Superior Court: '
American Apparel employs many women who have had sex with Mr Charney.

These women are commonly referred to as "Dov's girls", "lovers of Dov"
or "FOD" (meaning "friends of Dov"). Dov's girls received bonuses from
American Apparel, even when their performance created monetary losses.'

According to another complainant, Roberto Hernandez, who used to work
in IT at American Apparel, Charney conducted meetings in the nude,
held business meetings at his LA mansion surrounded by pornographic
videos and stored pornographic images on his computer.

Just what transformed Charney into such a sexually voracious and
highly successful maverick is unclear.

His childhood in Montreal, where he was born in 1969, was middle lass
and financially secure thanks to his architect father Morris - and
utterly Bohemian thanks to his artist mother Sylvia, who sent him to a
private school aimed at cultivating an interest in the fine arts and
where he was encouraged to express his own creativity.

While at Choate Rosemary Hall boarding school in Connecticut, Charney
started his first T-shirt business, shipping American High School T-
shirts back to Canada via a train that stopped near his school.

And at Tufts University in Boston, he began running American Apparel
out of his dormitory.

Selling T-shirts printed with the Tufts logo on them, he made $4,000
in six weeks. Charney never finished his American Studies degree, but
his T-shirt business went from strength to strength.

After setting up a factory in LA in 1998, Charney became a champion of
the local immigrant population, something he has used to great effect
in American Apparel's marketing.

He says: 'My dream is that one day we will live in a world without
borders.'

Such a strong moral stance sits uneasily with the seedy descriptions
of life inside the company given by former employees. Yet the bad
publicity surrounding Charney appears to be fuelling his brand.

In May, Charney was forced to pay $5m to Hollywood veteran Woody Allen
in an out-of-court settlement after American Apparel depicted him as a
Hasidic Jew on an advertising billboard with the words 'the holy rebbe
(leader)' in Yiddish.

Charney knows that sex sells, and despite last month's slap on the
wrist from the British Advertising Standards Authority, there is no
sign this controversy will damage the runaway success of American
Apparel.

Partly, this is because Charney has harnessed all the criticism
against him to present himself as little more than a rebellious
teenager, taking a stance which, it seems, is proving popular with his
teenage fan base.

Brent Chase, American Apparel's UK operations manager, describes his
boss as 'very passionate about what he does and what he has created at
American Apparel.

Having been able to leverage art, design and technology to better the
business while maintaining an ethical production process is no small
feat'.

Maybe. But is there anything ethical about his tawdry advertisements
that perpetuate a highly sexualised image of young women in a society
facing soaring rates of teen pregnancies and underage sex.

Indeed, what effect such ads have on young girls with low self-esteem
and who believe that looks, and being sexually attractive, are all
that matters is anyone's guess.
 
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