Facts

Respondent Innovative Artists is a talent agency which represented claimant Mehcad Brooks as an actor from 2007 to early 2012. In 2007, Innovative's literary department represented Brooks as a writer but later that year Brooks terminated Innovative's literary department and engaged another talent agency to represent him as a writer. Neither Brooks nor Innovative had any record of a communication between Brooks and Innovative's literary department after 2007, and Brooks never sent any literary product to Innovative's literary department, including Respondent James Stein, an Innovative literary agent. In August 2010, Brooks and a co-writer conceived an idea for a television series involving the Salem witch trials, and later that month Brooks sent a one-page email outlining the idea to his acting agent, attorney and manager - but not Stein or Innovative's literary department. Brooks later co-wrote a pilot script based on the idea, and spent over a year attempting to sell it to dozens of prospects. Brooks failed to sell that script. Years later another writer represented by Stein and Innovative's literary department successfully sold a television series involving the Salem witch trials.

CLAIMANT'S CONTENTIONS: Brooks contended the story idea concerning Salem in his August 2010 email was confidential. Though Brooks never sent Stein nor Innovative's literary department that or any literary idea or product, he contended Innovative and Stein continued to represent him after 2007 as a writer and should have pitched and sold the Salem idea and a script Brooks later co-wrote on his behalf. Brooks claimed Stein wrongfully disclosed the idea and the script to another literary client and helped that client develop the idea into a successful television series. Brooks alleged causes of action for breach of fiduciary duty and contract, and fraud, and asserted damages of $2.025 million in lost profits and credits, and punitive damages.

RESPONDENT'S CONTENTIONS: Innovative and Stein contended that following Brooks' termination of Innovative's literary department in October 2007, Innovative and Stein did not represent Brooks in any literary matters; that they never received nor disclosed Brooks' Salem idea, script or any literary idea or project of Brooks to any client; and that the literary client of Stein who conceived and developed his own Salem television series did so independently, without knowledge of Brooks or any idea Brooks claims to have had, and that his ideas and scripts were much different and better written than Brooks'.

Damages

Brooks alleged damages of $2.025 million and punitive damages.

Result

Verdict for respondents Innovative Artists Talent and Literary Agency, Inc., and James Stein.

Other Information

The Arbitrator's Findings and Award found that Stein and Innovative had no duty to represent Brooks concerning his Salem idea, Stein and Innovative did not disclose Brooks' idea to other clients, Brooks' Salem idea was not confidential or protected and Respondents did not breach any duty of confidence, Brooks had failed to prove causation of any damages, his claimed damages were unsupported, and all of Brooks' claims were time-barred. The Arbitrator's Findings and Award granted Innovative and Stein over $170,000 of sanctions against Brooks. The Superior Court found the sanctions previously awarded by the Arbitrator against Brooks were sufficient.