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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF LOS ANGELES
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UNLIMITED JURISDICTION
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ORENTHAL JAMES SIMPSON,
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Plaintiff,
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v.
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Defendants.
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No. __________
COMPLAINT FOR:
1.
Breach of Contract
2.
Breach of Contract/Third Party
Beneficiary
3.
Breach of Contract
4.
Breach of Fiduciary Duty
5.
Breach of Fiduciary Duty
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Fraud
7.
Unfair Competition (Violation of Cal.
Bus. & Prof. Code 17200)
REQUEST FOR JURY TRIAL
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Plaintiff ORENTHAL JAMES SIMPSON (Simpson) hereby files this Complaint against
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PROJECT 95 PRODUCTIONS, INC. (Project 95") and DOES 1-40, and alleges as follows:
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INTRODUCTION
1.
This action is about the avaricious disregard of the attorney-client relationship, and
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of promises of confidentiality, by an attorney and a writer who value the fame and fortune to be
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derived from publishing information about a sensational trial more than adhering to their ethical
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via a television miniseries. Robert Kardashian, Esq., one of the criminal defense attorneys of O.J.
Simpson, and Lawrence Schiller, a writer, told Simpson and members of his criminal defense team
that they were co-authoring an as-told-to book about Simpsons trial from Kardashians point of
view, and both represented and agreed that no privileged and confidential material would be
published, unless Simpson granted written permission, and that they would submit any manuscript
to Simpson for review. Schiller and Kardashian requested that Simpson ask members of his criminal
defense team to be interviewed by Schiller for this book. However, when Schillers and Kardashians
publisher stated that the agreed-upon review and deletion of privileged and confidential information
would harm the sales prospects of the book, Schiller and Kardashian refused to submit the manuscript
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of the book to Simpson for review, included in the book information purported to be privileged and
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confidential client information, and removed Kardashians name as author. Now, defendants are in
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the process of further exploiting their breaches of fiduciary duty and of agreements of confidentiality,
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by beginning production of a television miniseries based on this same material, and have again refused
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to submit the screenplay to Simpson for review to ensure no privileged and confidential material is
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disseminated. Courts have repeatedly issued injunctions preventing such disclosures of information
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constructive trust on all resulting profits, and such an injunction and disgorgement of profits are
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required here.
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JURISDICTION
2.
Venue is proper in this judicial district, pursuant to California Code of Civil Procedure
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395(a) and 395.5. The defendants either reside, maintain an office, transact business, have an
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agent, or are found in the County of Los Angeles, and are within the jurisdiction of this Court for
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THE PARTIES
3.
of the State of California, and, upon information and belief, resides in the County of Los Angeles.
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COMPLAINT
Schiller is the listed author of a book, American Tragedy (Random House 1996) (the Book), and,
on information and belief, is the proposed director and producer of a television miniseries entitled
American Tragedy (the Miniseries), which purportedly is based on the Book and information
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of the State of California, and, upon information and belief, resides in the County of Los Angeles.
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and belief, a corporation organized under the laws of the State of California, with its registered office
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in Beverly Hills, California. Upon information and belief, Schiller is a principal and/or officer of
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7.
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defendant in the violations of law alleged in this Complaint and have engaged in conduct and made
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statements in furtherance thereof. DOES 1-20 are individuals, and participated in the activity which
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is the subject of this action, as alleged in this Complaint. DOES 21-40 are business entities of
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unknown form that participated in the activity which is the subject of this action. Plaintiff does not
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know the true names and capacities of the defendants named in this action as DOES 1-40, and
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therefore sues them under fictitious names. Plaintiff will request permission to amend this Complaint
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to state the true names and capacities of these fictitiously named defendants when they ascertain
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them. Plaintiff is informed and believe, and allege on this ground, that these fictitiously named
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defendants are legally responsible in some manner for the acts and omissions set forth below, and
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8.
Plaintiff is informed and believes, and on that basis alleges, that at all times herein
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mentioned each of the defendants was the agent, servant, employee, and/or co-conspirator of each
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of the other defendants, and, in doing the acts hereinafter alleged, was acting within the course and
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scope of their authority as such agent, servant, employee, and/or co-conspirator with the permission
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and consent of their co-defendants and, further, that the defendants, and each of them, have
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authorized, ratified, and approved the acts of each of the other defendants with full knowledge of
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COMPLAINT
those acts.
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FACTUAL BACKGROUND
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death of Nicole Brown, and asked Kardashian to help insinuate him into Simpsons confidence.
Schiller encouraged Kardashian to surreptitiously take notes and tape record events, and to provide
these to Schiller.
11.
Schiller insinuated himself into a position of trust and confidence with Simpson, with
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the explicit but undisclosed intent to exploit the relationship. Schiller took actions to ingratiate
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himself into Simpsons confidence, primarily for the undisclosed purpose of gaining access to
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information which he intended to exploit for his own gain. During Simpsons criminal trial, Schiller
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assisted Simpsons defense team on a number of matters, such as obtaining clean audio copies of the
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tape recordings of interviews with police witness Mark Fuhrman. During the trial, Schiller assisted
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Simpson in writing a book, I Want to Tell You (Little Brown 1995), concerning letters Simpson had
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received from fans about his criminal prosecution. In or about April 1995, Schiller convinced
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Simpson that they should co-author a book after the trial about the trial, which was to be Simpsons
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first person account, with Schiller to do the writing. As part of Schillers proposal, Schiller signed
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an agreement with Simpson in which he agreed to keep confidential all interviews he conducted that
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were arranged by Simpson, and that Simpson had the right to change or delete any material in the
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final manuscript. After Simpsons acquittal, Schiller assisted Simpson in producing a video about the
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During Simpsons criminal trial, Schiller proposed to Kardashian that he represent that
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they were co-authoring a book about the trial, from Kardashians perspective, with Schiller to do the
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13.
Near the end of the trial, Kardashian mentioned to Simpson that he was considering
On October 2, 1995, partly due to this conversation with Kardashian, Simpson wrote
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COMPLAINT
a letter to members of his defense team to ensure that privileged or confidential client information
would not be disclosed, informing them that all of our communications have been and continue to
be privileged. No one is permitted to divulge any of our privileged communications unless and until
you receive a written authorization signed by me. Any written authorization shall be limited to the
specific communication described in the authorization and shall not be construed as a broad or blanket
15.
about writing a book about his experiences concerning Simpsons trial. Kardashian stated that
Schiller would co-author the book with Kardashian, and that the book would be from Kardashians
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point of view. Kardashian asked Simpson if this would be okay with him.
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Simpson told Kardashian that he had no objection if Kardashian and Schiller worked
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together on Kardashians book, so long as Kardashian adhered to his obligations as Simpsons lawyer
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not to disclose client confidences and information without Simpsons written permission, as Simpson
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had written to Kardashian in his October 2, 1995 letter. Kardashian agreed that he would do so.
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Simpson made his decision not to object to Schiller collaborating with Kardashian on
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Kardashians book in large part because Schiller had insinuated himself into a position of trust and
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Shortly after Kardashians conversation with Simpson, Schiller spoke to Simpson, and
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stated that he wanted to help Kardashian write a book, and that he believed a lot of people would be
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interested in reading about a book from Kardashians perspective as Simpsons friend and lawyer.
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Schiller asked Simpson if it would be okay with Simpson if Schiller assisted Kardashian in writing his
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book. Simpson told Schiller that he had no objection to him collaborating on Kardashians book,
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stating that any manuscript would have to be submitted to Simpson for review prior to publication
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and that it could not disclose any privileged or confidential information unless Simpson had previously
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given an explicit waiver as to the particular information. Schiller agreed to these terms.
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On or about November 17, 1995, Kardashian, upon information and belief with the
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assistance of Schiller, sent to Simpson the draft of a letter that he proposed Simpson sign, which
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contained a sentence that would have granted an explicit waiver by Simpson of his privilege as to any
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COMPLAINT
communications between Simpson and Kardashian. The cover letter sent by Kardashian with this
draft stated that attached is the letter that O.J. must sign for me to do a book deal. Random House
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Simpson refused to sign this letter, as he did not want to waive the statutory
letter, Simpson caused another of his attorneys to send a letter to Kardashian which delineated an
attorneys fiduciary duties to his client, in the situation when the attorney wishes to write a book
about the clients case, in particular about the prohibition against disclosing confidential or privileged
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information.
22.
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1995 letter, Simpson sent a letter to Kardashian and other members of Simpsons defense team, which
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further stated:
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I am requiring that all information you have gained in the course of our professional
relationship be held inviolate unless and until you receive express written permission
from me. Any written authorization shall be limited to the specific communication
described in the authorization and shall not be construed as a broad and blanket
authorization or waiver. Therefore, it is essential that any draft manuscript be
reviewed by me before it is shared with others or published.
I am sure you appreciate that your professional and fiduciary duties to me
survive the end of your representation. Moreover, it is imperative that you recognize
that the types of information covered by this requirement goes well beyond privileged
communications. For instance, it includes, but is not limited to, observations about
my behavior, demeanor, and conduct, as well as information gained through
discussions with other attorneys, witnesses, my friends, and family. . . . I do expect
you to communicate my concerns and your professional and legal obligations to me
to any publishing company or other media that you are or will be negotiating with
respect to any publishing deal you are contemplating.
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23.
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Simpson and other attorneys representing Simpson spoke to Kardashian in this time
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period, and informed Kardashian that Simpson would not give a blanket waiver concerning
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confidential or privileged information. Simpson told Kardashian that Kardashian was required to
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submit to Simpson any privileged or confidential information he wanted to include in any book, and
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Simpson would decide then whether he would grant a waiver. Kardashian confirmed that he was
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writing a book with Schiller, and he agreed that he would submit any manuscript to Simpson for
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review and for the removal of any confidential information for which Simpson did not grant a waiver.
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COMPLAINT
24.
a letter that made reference to communications between Simpson and Kardashian. Kardashian finally
agreed upon text of a letter that did not authorize any waiver of privileged communications, that
Kardashian stated would be acceptable to his publisher, and Simpson signed such a letter for
Kardashian.
25.
In late 1995 and early 1996, Schiller spoke to Simpson, stating that some lawyers on
the defense team would not speak to him, and requesting that Simpson speak to these lawyers and
give them permission to speak to Schiller. Schiller explicitly represented and agreed that the
interviews were for Kardashians book, that everything the other attorneys would say to him would
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be protected and not disclosed due to Kardashians responsibilities as Simpsons lawyer, that no
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privileged or confidential information would be published unless Simpson gave explicit approval, and
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that prior to dissemination he and Kardashian would submit any manuscript to Simpson for his
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review.
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26.
In light of the representations that it was Kardashians book and that Kardashian and
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Schiller had agreed that Simpson would review the final draft and could excise any privileged
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confidential information contained in the draft, Simpson agreed to speak to members of his defense
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team and give them permission to speak to Schiller. Simpson fully complied with his obligations
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information to Schiller.
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Simpson would not have given such authorization, and would have informed all
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members of his defense team not to speak to Schiller, if Schiller and Kardashian had not previously
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represented and agreed that they would submit any manuscript to Simpson prior to dissemination
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From November 1995 through Spring 1996, Schiller had conversations with numerous
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members of Simpsons defense team, in which Schiller represented that he was co-authoring a book
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with Kardashian about the Simpson case, which would be a book from Kardashians view with
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Schiller doing the majority of the writing. At times Schiller stated to the members of the defense team
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COMPLAINT
that he had agreed that Simpson would have total manuscript approval. On other occasions, Schiller
stated to members of the defense team that he would submit any manuscript to Simpson for review
and removal of any privileged or confidential information for which Simpson did not grant approval.
30.
was co-authoring a book with Schiller about the Simpson case, and that any manuscript would be
submitted to Simpson for review prior to dissemination, and any privileged or confidential information
contained in the manuscript would be deleted unless Simpson gave explicit approval.
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If Schiller and Kardashian had not made these representations, the members of
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Schiller was co-authoring a book with Kardashian, a lawyer who was a member of Simpsons defense
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team, that Schiller and Kardashian would provide any manuscript to Simpson for total manuscript
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approval, and that Schiller and Kardashian would not publish or disclose any information about
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confidential matters unless they obtained written approval from Simpson, some members of
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Simpsons defense team provided Schiller information that was privileged and confidential.
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33.
These members of the defense team would never have provided such information had
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Schiller, and also provided to Schiller all of the surreptitious tape recordings and notes he had taken
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35.
Between December 1995 and August 12, 1996, Simpson and other attorneys
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representing him had several conversations with Schiller and Kardashian about their book. In none
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of these conversations did Schiller or Kardashian ever state or imply that Schiller was writing a book
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on his own without Kardashian, or that Kardashian was not a co-author with Schiller of the book.
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36.
In August 1996, Simpson and Simpsons attorneys learned that Kardashians book
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was nearing completion, and called both Kardashian and Schiller to obtain a copy of the manuscript
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for review. At first, both Schiller and Kardashian confirmed that the manuscript would be submitted
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to Simpson for his review, and Schiller made arrangements with Simpsons lawyers for them to
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COMPLAINT
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Shortly thereafter, for the first time, Schiller stated that Random House was in the
process of deciding whether to list Kardashian as an author, and subsequently stated that the book
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38.
On September 11, 1996, Simpsons attorneys were informed that Random House
would not permit Schiller to submit the manuscript to Simpson for review.
39.
Schillers and Kardashians publisher, and to Schillers attorney, informing them that the publication
of the book would breach fiduciary duties and contracts and was based on fraudulent conduct and
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would subject them to liability, and demanding that a copy of the manuscript be submitted to Simpson
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for review.
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40.
In or about October 1996, Schiller published a book entitled American Tragedy: The
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Uncensored Story of the Simpson Defense (the Book). Schiller is listed as an author, with co-
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Neither Schiller nor Kardashian submitted a draft of the manuscript of the Book to
It was only with the publication of the Book that plaintiff learned that Willwerth had
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anything to do with writing the Book. In the Acknowledgments section of the Book, Schiller states
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that In November 1995 I asked Jim [Willwerth] to collaborate with me. Despite the fact that both
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Schiller and Kardashian had numerous conversations with Simpson and Simpsons attorneys during
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and after November 1995, neither Kardashian nor Schiller ever mentioned that Willwerth would be
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and confidential client information, available only to members of Simpsons criminal defense team.
44.
Schiller concedes in the book jacket of the Book that the Book contains information
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that purports to be privileged and confidential client information. The book jacket states: Nothing
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written about the Simpson case can possibly prepare the reader for the revelations in this book: the
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untold story, from murder to acquittal, written from deep within the Simpson defense by a master
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COMPLAINT
reporter. Each turning point in the months-long investigation and trial is recounted in authentic,
often startling detail in the words of Simpsons confidants, lawyers, special investigators, and expert
witnesses woven brilliantly into a narrative that will rivet you from beginning to end. This account
will finally explain for the first time, in the uncensored words of Simpsons closest confidants and
45.
Schiller concedes in the Book that Kardashian was the source of a large portion of the
Acknowledgments section of the Book, Schiller begins the section with the following sentence: I am
especially grateful to Robert Kardashian, with whom I worked most closely and who assisted me in
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the preparation of the book. Schiller later states: I told O.J. Simpson and his attorney Skip Taft
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that I would work with Robert Kardashian on a book that would include Bobs story as well as the
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46.
In the
In the fall of 1996, when the Book was published, Simpson was involved in a civil trial
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brought by members of the Brown and Goldman families, which began in October 1996 and lasted
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until March 1997. Due to the pressures from the lawsuit, at that time Simpson did not have the time
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or money to institute a lawsuit against Schiller, Kardashian and the publisher of the Book to seek an
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20/20 show, and, during an interview by Barbara Walters, disclosed privileged and confidential client
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information. In addition, at other times Kardashian disclosed privileged and confidential client
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information.
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48.
In or about mid-May 2000, Simpson learned that Schiller had contracted with CBS
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Television to make a miniseries concerning Simpsons trial, based on the information that Schiller had
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obtained while writing a book with Kardashian, and that Schiller was producing and directing the
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miniseries. This was the first time Simpson learned of these plans to produce a miniseries based on
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the information that Schiller had obtained from Kardashian and members of Simpsons defense team.
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49.
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50.
Upon information and belief, the screenplay for the Miniseries contains a substantial
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COMPLAINT
amount of information that purports to be privileged and confidential client information, such as
conversations involving only counsel and Simpson, and conversations involving only members of
Simpsons defense team. Upon information and belief, the screenplay for the Miniseries also includes
a large amount of information that purports to be privileged and confidential client information that
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51.
On June 30, 2000, Simpsons counsel sent a letter to Schiller demanding that Schiller
cease and desist from producing or having any involvement with the Miniseries.
52.
Schillers agreement to submit a copy of any manuscript to Simpson for review, requesting a copy
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of the latest draft of the screenplay for pre-publication review by Simpson, and for the removal of any
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53.
On July 10, 2000, Schillers counsel sent a letter to Simpsons counsel, stating that
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Schiller would not cease and desist from producing the Miniseries, and refusing to submit a draft of
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54.
Upon information and belief, at most several hundred thousand copies of the Book
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were sold. In contrast, the Miniseries is planned to be broadcast nationally by CBS Television, and,
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55.
Simpson re-alleges and incorporates by reference each and every allegation set forth
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in Paragraphs 1-54 above.
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56.
In late 1995 and early 1996, Schiller and Simpson entered into an oral agreement in
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which Simpson agreed that he would inform members of his defense team that he did not object to
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them being interviewed by Schiller. Schiller agreed that the interviews were for a book he was
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writing with Kardashian, that prior to dissemination of any manuscript concerning these interviews
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he and Kardashian would submit the manuscript to Simpson for his review, and that any privileged
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or confidential information contained in the manuscript would be deleted unless Simpson gave explicit
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COMPLAINT
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approval.
57.
Simpson has performed all conditions, covenants, and promises required on his part
interviews for a book in which Kardashian was not listed as a co-author, by refusing to submit the
manuscript of the Book to Simpson for review and deletion of privileged and confidential information,
59.
On or about July 10, 2000, Schiller breached the agreement by utilizing the interviews
for a television miniseries for which Kardashian was not listed as a co-author, and by refusing to
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submit the manuscript for the Miniseries to Simpson for review and deletion of privileged and
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confidential material.
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60.
Between October 1995 and continuing, on information and belief, to the present, at
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a time or times presently unknown to Simpson, defendants Schiller, Kardashian, Does 1-10 and Does
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21-30 knowingly and willingly conspired and agreed among themselves to engage in a scheme to
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breach Schillers agreement with Simpson. In particular, Kardashian aided and abetted and conspired
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with Schiller to breach his contract with Simpson, by providing privileged and confidential client
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information to Schiller, by inducing other members of the defense team to provide information to
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Schiller, and by taking no actions to prevent Schillers dissemination of such information without
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61.
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belief, to the present, Project 95, Does 11-20 and Does 31-40 knowingly and willingly conspired and
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agreed with defendants Schiller, Kardashian, Does 1-10 and Does 21-30 to engage in a scheme to
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62.
Defendants did the acts and things alleged pursuant to, and in furtherance of, the
Simpson is informed and believes and thereon alleges that the last overt act in
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pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
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as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
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COMPLAINT
based on information obtained in breach of Schillers contract with Simpson, and continue in their
refusal to submit the manuscript for the Miniseries to Simpson for review.
64.
Simpson has no adequate legal remedy for this breach of contract in that damages are
inadequate to remedy the harm to the sanctity of the attorney-client relationship and the harm that
would be caused by the public disclosure and extensive public dissemination of information purported
to be confidential and privileged client information, since once such information is disclosed to a large
65.
contract, Simpson is entitled to equitable relief in the form of injunctive relief and full restitution
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and/or disgorgement of all revenues, earnings, profits, compensation and benefits which may
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have been obtained by defendants as a result of such actions, including the imposition of a
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66.
Simpson re-alleges and incorporates by reference each and every allegation set forth
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in Paragraphs 1-65 above.
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67.
In early 1996, at a specific date presently unknown to Simpson, Schiller entered into
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an oral agreement with Alan Dershowitz, Esq. (Dershowitz), a member of Simpsons defense team.
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68.
By terms of the agreement, Dershowitz agreed that he would let Schiller interview him
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concerning the Simpson trial, and Schiller agreed that he would submit any manuscript concerning
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the Simpson trial to Simpson or Simpsons lawyer for review and deletion of confidential and
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privileged information. This contract was made for Simpsons benefit to ensure that information
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purported to be privileged and confidential client information concerning Simpson was not disclosed.
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69.
In November 1995 and December 1995, Schiller entered into an oral agreement with
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F. Lee Bailey, Esq. (Bailey), a member of Simpsons defense team.
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70.
By terms of the agreement, Bailey agreed that he would let Schiller interview him
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concerning the Simpson trial, and Schiller agreed that he would not submit any manuscript to any
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COMPLAINT
editor or publisher unless Simpson had previously reviewed and approved the manuscript, that
Schiller would not include anything in the book without Simpsons approval, and that Simpson would
have total manuscript approval. This contract was made for Simpsons benefit to ensure that
information purported to be privileged and confidential client information concerning Simpson was
not disclosed.
71.
In the months immediately after the Simpson trial, at a specific date presently unknown
to Simpson, Schiller entered into an oral agreement with Robert Blasier, Esq. (Blasier), a member
72.
By terms of the agreement, Blasier agreed that he would let Schiller interview him
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concerning the Simpson trial, and Schiller agreed that he would give the manuscript of any publication
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to Simpson prior to disclosure for Simpsons review, and removal of any objectionable portions at
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Simpsons complete discretion. This contract was made for Simpsons benefit in that the submission
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of any manuscript to Simpson was to benefit Simpson by ensuring that privileged and confidential
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73.
In the months immediately after the Simpson trial, at a specific date presently unknown
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to Simpson, Schiller entered into an oral agreement with Shawn Chapman, Esq. (Chapman), a
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74.
By terms of the agreement, Chapman agreed that she would let Schiller interview her
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concerning the Simpson trial, and Schiller agreed that any manuscript he wrote would be submitted
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for review by Simpson or Simpsons attorney and removal of any privileged or confidential
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information, except as to any items for which Simpson gave his approval. This contract was made
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for Simpsons benefit in that the submission of any manuscript to Simpson was to benefit Simpson
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by ensuring that privileged and confidential client information was not disclosed.
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75.
In the months immediately after the Simpson trial, at a specific date presently unknown
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to Simpson, Schiller entered into an oral agreement with Carl Douglas, Esq. (Douglas), a member
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76.
By terms of the agreement, Douglas agreed that he would let Schiller interview him
concerning the Simpson trial, and Schiller agreed that any manuscript would be submitted to
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COMPLAINT
Simpsons representative for review and deletion of privileged and confidential material. This
contract was made for Simpsons benefit in that the submission of any manuscript to Simpson was
to benefit Simpson by ensuring that privileged and confidential client information was not disclosed.
77.
Some time after the Simpson trial, at a specific date presently unknown to Simpson,
Schiller entered into an oral agreement with Barry Scheck, Esq. (Scheck), a member of Simpsons
defense team.
78.
By terms of the agreement, Scheck agreed that he would let Schiller interview him
concerning the Simpson trial, and Schiller agreed that any publication would be reviewed by Simpson
and/or his counsel and that any privileged or confidential information would be deleted unless
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Simpson gave express authorization to allow its publication. This contract was made for Simpsons
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benefit in that the submission of any manuscript to Simpson was to benefit Simpson by ensuring that
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79.
In or about December 1995, Schiller entered into an oral agreement with Robert
By terms of the agreement, Craig agreed that he would let Schiller interview him
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concerning the Simpson trial, and Schiller agreed that any manuscript would be submitted to Simpson
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for review prior to publication, and that no confidential information would appear in the book unless
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the information had been specifically approved by Simpson. This contract was made for Simpsons
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benefit in that the submission of any manuscript to Simpson was to benefit Simpson by ensuring that
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81.
Several months after the verdict in Simpsons trial, at a date presently unknown to
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Simpson, Schiller entered into an oral agreement with William Thompson, Esq. (Thompson), a
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82.
By terms of the agreement, Thompson agreed that he would let Schiller interview him
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concerning the Simpson trial, and Schiller agreed that Simpson or one of his lawyers would review
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the manuscript before publication and would have the right to remove any confidential material that
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they found objectionable. This contract was made for Simpsons benefit in that the submission of any
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manuscript to Simpson was to benefit Simpson by ensuring that privileged and confidential client
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COMPLAINT
1
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Schiller breached these agreements, by refusing to submit the manuscript for the Book
to Simpson for review prior to publication, and by refusing to submit the manuscript for the
84.
Between October 1995 and continuing, on information and belief, to the present, at
a time or times presently unknown to Simpson, defendants Schiller, Kardashian, Does 1-10 and Does
21-30 knowingly and willingly conspired and agreed among themselves to engage in a scheme to
breach Schillers agreements with these members of Simpsons defense team. In particular,
Kardashian aided and abetted and conspired with Schiller to breach his agreements with members of
10
Simpsons defense team, by inducing other members of the defense team to provide information to
11
Schiller, and by taking no actions to prevent Schillers dissemination of such information without
12
13
85.
14
belief, to the present, Project 95, Does 11-20 and Does 31-40 knowingly and willingly conspired and
15
agreed with defendants Schiller, Kardashian, Does 1-10 and Does 21-30 to engage in a scheme to
16
17
18
19
86.
Defendants did the acts and things alleged pursuant to, and in furtherance of, the
Simpson is informed and believes and thereon alleges that the last overt act in
20
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
21
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
22
based on information obtained in breach of Schillers agreements with the members of Simpsons
23
defense team, and continue in their refusal to submit the manuscript for the Miniseries to Simpson
24
for review.
25
88.
Simpson has no adequate legal remedy for these breaches of contracts in that damages
26
are inadequate to remedy the harm to the sanctity of the attorney-client relationship and the harm that
27
would be caused by the public disclosure and extensive public dissemination of information purported
28
to be confidential and privileged client information, since once such information is disclosed to a large
16
COMPLAINT
1
2
contracts, Simpson is entitled to equitable relief in the form of injunctive relief and full
restitution and/or disgorgement of all revenues, earnings, profits, compensation and benefits
which may have been obtained by defendants as a result of such actions, including the
9
90.
Simpson re-alleges and incorporates by reference each and every allegation set forth
10
in Paragraphs 1-89 above.
11
91.
At all times relevant to this Complaint, Kardashian was licensed to engage in the
12
practice of law and was practicing law in the State of California.
13
92.
In or about June 1994, Kardashian and Simpson entered into an oral agreement
14
providing that Kardashian would act as one of Simpsons attorneys in connection with the criminal
15
prosecution and trial of Simpson. An implied provision of this contract was that Kardashian would
16
comply with his fiduciary obligations to Simpson as an attorney under the California Code of
17
Professional Conduct and state law, including the duty of loyalty and the duty not to disclose
18
confidential client information without an express waiver by Simpson.
19
93.
In October and November 1995, Kardashian and Simpson entered into an oral
20
agreement whereby Kardashian represented that he was co-authoring a book with Schiller, and that
21
Schiller would be conducting interviews of members of Simpsons defense team for use in the book,
22
and Kardashian agreed that he would provide any manuscript to Simpson prior to publication for
23
Simpsons review, and that any confidential or privileged information in the manuscript would be
24
deleted unless Simpson approved. In return, Simpson agreed that he would not object to Schiller
25
speaking to members of the defense team, and would inform members of the defense team that it was
26
okay to be interviewed by Schiller.
27
94.
Simpson has performed all conditions, covenants, and promises required on his part
28
17
COMPLAINT
1
2
to be performed in accordance with the terms and conditions of the two contracts.
95.
At times between November 1995 and October 1996, Kardashian breached the
submit to Simpson for review the manuscript of a book he had written with Schiller, and by
permitting the publication of a book about the Simpson trial which listed Schiller as an author and
which contained information purporting to be privileged and confidential client information obtained
96.
Between June 1994 and continuing, on information and belief, to the present, at a time
or times presently unknown to Simpson, defendants Schiller, Kardashian, Does 1-10 and Does 21-30
10
knowingly and willingly conspired and agreed among themselves to engage in a scheme to breach
11
Kardashians agreements with Simpson. In particular, Schiller aided and abetted and conspired with
12
Kardashian to breach his agreements with Simpson, by inducing Kardashian to provide privileged and
13
confidential client information to Schiller, by representing that he was co-authoring a book with
14
Kardashian, and by participating in the publication of the Book and the production of the Miniseries
15
involving the disclosure of information purported to be privileged and confidential client information
16
17
97.
18
belief, to the present, Project 95, Does 11-20 and Does 31-40 knowingly and willingly conspired and
19
agreed with defendants Schiller, Kardashian, Does 1-10 and Does 21-30 to engage in a scheme to
20
21
22
23
98.
Defendants did the acts and things alleged pursuant to, and in furtherance of, the
Simpson is informed and believes and thereon alleges that the last overt act in
24
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
25
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
26
based on information obtained in breach of Kardashians contracts with Simpson, and continue in
27
their refusal to submit the manuscript for the Miniseries to Simpson for review.
28
100.
Simpson has no adequate legal remedy for this breaches of contracts in that damages
18
COMPLAINT
are inadequate to remedy the harm to the sanctity of the attorney-client relationship and the harm that
would be caused by the public disclosure and extensive public dissemination of information purported
to be confidential and privileged client information, since once such information is disclosed to a large
101.
contract, Simpson is entitled to equitable relief in the form of injunctive relief and full restitution
and/or disgorgement of all revenues, earnings, profits, compensation and benefits which may
have been obtained by defendants as a result of such actions, including the imposition of a
10
11
12
102.
Simpson re-alleges and incorporates by reference each and every allegation set forth
13
in Paragraphs 1-101 above.
14
103.
Schiller had a fiduciary relationship with Simpson based on trust and confidence, that
15
derived from the facts that Schiller assisted Simpsons defense team on various matters, had
16
collaborated with Simpson on one book, had agreed to co-author another book with Simpson, had
17
entered into a confidentiality agreement with Simpson concerning this book, had assisted Simpson
18
in the production of a video, and had entered into an agreement with Simpson in which he represented
19
that he was co-authoring a book with Kardashian and would submit any manuscript to Simpson for
20
review and deletion of confidential client information. By virtue of this special relationship that
21
existed between Schiller and Simpson, Simpson had confidence in the fidelity and integrity of Schiller
22
and entrusted Schiller with information and access to members of his defense team, creating a
23
confidential relationship that existed at all times relevant to this Complaint between Simpson and
24
Schiller such that Schiller owed to Simpson a fiduciary duty to not publish or disseminate information
25
purported to be privileged or confidential concerning Simpsons legal defense, except with Simpsons
26
prior express approval, and to submit any manuscript to Simpson for review and deletion of privileged
27
and confidential client information.
28
19
COMPLAINT
104.
Despite having voluntarily accepted the trust and confidence of Simpson with regard
to being provided information and access to information by Simpson, Schiller violated and abused the
trust and confidence of Simpson by publishing a book that purported to contain privileged and
confidential client information without first submitting it to Simpson for review and deletion of such
material, by participating in the creation of a screenplay for the Miniseries which purports to contain
privileged and confidential client information without first submitting the screenplay to Simpson for
review and deletion of such material, by providing additional material to be included in the screenplay
for the Miniseries, by licensing or granting rights to material in the Book for use in the Miniseries,
10
11
12
105.
Between October 1995 and continuing, on information and belief, to the present, at
13
a time or times presently unknown to Simpson, defendants Schiller, Kardashian, Does 1-10 and Does
14
21-30 knowingly and willingly conspired and agreed among themselves to engage in a scheme to
15
breach Schillers fiduciary duties to Simpson. In particular, Kardashian aided and abetted and
16
conspired with Schiller to breach his fiduciary duties to Simpson, by providing privileged and
17
confidential client information to Schiller, by inducing other members of the defense team to provide
18
19
20
107.
21
information and belief, Project 95, Does 11-20 and Does 31-40 knowingly and willingly conspired
22
and agreed with defendants Schiller, Kardashian, Does 1-10 and Does 21-30 to engage in a scheme
23
24
25
26
108.
Defendants did the acts and things alleged pursuant to, and in furtherance of, the
Simpson is informed and believes and thereon alleges that the last overt act in
27
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
28
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
20
COMPLAINT
based on information obtained in breach of Schillers fiduciary duties, and continue in their refusal
110.
Simpson has no adequate legal remedy for this breach of fiduciary duties in that
damages are inadequate to remedy the harm to the sanctity of the attorney-client relationship and the
harm that would be caused by the public disclosure and extensive public dissemination of information
purported to be confidential and privileged client information, since once such information is
111.
fiduciary duties, Simpson is entitled to equitable relief in the form of injunctive relief and full
10
restitution and/or disgorgement of all revenues, earnings, profits, compensation and benefits
11
which may have been obtained by defendants as a result of such actions, including the
12
13
14
112.
In doing the acts alleged above, defendants acted with oppression, fraud, and malice,
15
16
17
113.
Simpson re-alleges and incorporates by reference each and every allegation set forth
18
in Paragraphs 1-112 above.
19
114.
As set forth above, Simpson retained and employed Kardashian to represent Simpson
20
as one of Simpsons attorneys in connection with the criminal prosecution and trial of Simpson.
21
Kardashian accepted this employment and agreed to perform duties for Simpson as Simpsons
22
attorney.
23
115.
24
Simpson, and by virtue of Simpsons having placed confidence in the fidelity and integrity of
25
Kardashian and in entrusting Kardashian with his defense against the criminal charges, a confidential
26
relationship existed at all times relevant to this Complaint between Simpson and Kardashian and
27
Kardashian owed to Simpson a fiduciary duty even after the termination of their attorney-client
28
21
COMPLAINT
relationship, such that Kardashian was required to act with the utmost loyalty to Simpson and to not
116.
Despite having voluntarily accepted the trust and confidence of Simpson with regard
to Simpsons defense against the criminal charges, and in violation of this relationship of trust and
confidence, Kardashian abused the trust and confidence of Simpson by disclosing and disseminating
to Schiller and others without Simpsons consent information purported to be privileged and
9
10
11
117.
Between June 1994 and continuing, on information and belief, to the present, at a time
12
or times presently unknown to Simpson, defendants Schiller, Kardashian, Does 1-10 and Does 21-30
13
knowingly and willingly conspired and agreed among themselves to engage in a scheme to breach
14
Kardashians fiduciary duties to Simpson. In particular, Schiller aided and abetted and conspired with
15
Kardashian to breach his fiduciary duties to Simpson, by inducing Kardashian to provide privileged
16
and confidential client information to Schiller, by representing that he was co-authoring a book with
17
Kardashian, and by participating in the publication of the Book and the production of the Miniseries
18
involving the disclosure of information purported to be privileged and confidential client information
19
20
119.
21
information and belief, Project 95, Does 11-20 and Does 31-40 knowingly and willingly conspired
22
and agreed with defendants Schiller, Kardashian, Does 1-10 and Does 21-30 to engage in a scheme
23
24
25
26
120.
Defendants did the acts and things alleged pursuant to, and in furtherance of, the
Simpson is informed and believes and thereon alleges that the last overt act in
27
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
28
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
22
COMPLAINT
based on information obtained in breach of Kardashians fiduciary duties, and continue in their refusal
122.
Simpson has no adequate legal remedy for this breach of fiduciary duties in that
damages are inadequate to remedy the harm to the sanctity of the attorney-client relationship and the
harm that would be caused by the public disclosure and extensive public dissemination of information
purported to be confidential and privileged client information, since once such information is
123.
Kardashians fiduciary duties, Simpson is entitled to equitable relief in the form of injunctive
10
relief and full restitution and/or disgorgement of all revenues, earnings, profits, compensation
11
and benefits which may have been obtained by defendants as a result of such actions, including
12
13
14
124.
In doing the acts alleged above, defendants acted with oppression, fraud, and malice,
15
16
17
125.
Simpson re-alleges and incorporates by reference each and every allegation set forth
18
in Paragraphs 1-124 above.
19
126.
20
representatives:
21
a.
22
writing a book with Kardashian, that he wanted to conduct interviews of members of
23
Simpsons defense team for Kardashians book, that everything the members of the defense
24
team would say to Schiller would be protected and not disclosed due to Kardashians
25
responsibilities as Simpsons lawyer, that Schiller would not use any privileged or confidential
26
information provided by these lawyers in the book without Simpsons express approval, and
27
that prior to dissemination Schiller would provide any manuscript containing information from
28
23
COMPLAINT
these interviews to Simpson for review and that any confidential information that Simpson
b.
represented to Alan Dershowitz, Esq. that Schiller was co-authoring a book about the
Simpson case with Kardashian and that he would submit any manuscript concerning the
Simpson trial to Simpson or Simpsons lawyer for review and deletion of confidential and
privileged information.
c.
Esq., that Schiller was co-authoring a book with Kardashian about the Simpson case, that he
10
would not submit any manuscript to any editor or publisher unless Simpson had previously
11
reviewed and approved the manuscript, that Schiller would not include anything in the book
12
without Simpsons approval, and that Simpson would have total manuscript approval.
13
d.
In the months immediately after the Simpson trial, at a specific date presently
14
unknown to Simpson, Schiller represented to Robert Blasier, Esq., that Schiller was writing
15
a book with Kardashian, and that he would give the manuscript of any publication to Simpson
16
prior to disclosure for Simpsons review, and removal of any objectionable portions at
17
18
e.
In the months immediately after the Simpson trial, at a specific date presently
19
unknown to Simpson, Schiller represented to Shawn Chapman, Esq., that Schiller was writing
20
a book with Kardashian about the Simpson case, and that any manuscript he wrote would be
21
submitted for review by Simpson or Simpsons attorney and removal of any privileged or
22
confidential information, except as to any items for which Simpson gave his approval.
23
f.
In the months immediately after the Simpson trial, at a specific date presently
24
unknown to Simpson, Schiller represented to Carl Douglas, Esq., that Schiller was co-
25
authoring a book with Kardashian about the Simpson trial and that any manuscript would be
26
submitted to Simpsons representative for review and deletion of privileged and confidential
27
material.
28
g.
Some time after the Simpson trial, at a specific date presently unknown to
24
COMPLAINT
Simpson, Schiller represented to Barry Scheck, Esq., that Schiller was writing a book with
Kardashian about the Simpson trial and that any publication would be reviewed by Simpson
and/or his counsel and that any privileged or confidential information would be deleted unless
h.
Schiller was writing a book with Kardashian and that any manuscript would be submitted to
Simpson for review prior to publication, and that no confidential information would appear
in the book unless the information had been specifically approved by Simpson.
i.
10
unknown to Simpson, Schiller represented to William Thompson, Esq., that Schiller that was
11
co-authoring a book with Kardashian and that Simpson or one of his lawyers would review
12
the manuscript before publication and would have the right to remove any confidential
13
14
127.
15
16
representatives:
a.
17
to write a book with Schiller, and that he would submit the manuscript of any book to
18
Simpson to vet and remove any confidential information for which Simpson would not grant
19
a waiver, and that Simpson would have final say over anything that was in the book.
20
b.
21
that Schiller was involved in the writing of Kardashians book, and that he would submit any
22
manuscript to Simpson prior to any disclosure or publication, and that Kardashian would
23
remove from the manuscript any privileged or confidential information for which he did not
24
receive a written waiver from Simpson, and that Kardashian would remove anything else that
25
26
c.
27
and business attorney representing Simpson, that Schiller was collaborating with Kardashian
28
d.
to Simpson, Kardashian represented to Carl Douglas, Esq., that he was writing a book with
128.
The representations made by Schiller and Kardashian described in the previous two
paragraphs were in fact false. The true facts were that Schiller intended to use the information from
the interviews for a book and other publications in which Kardashian was not listed as the author, that
Kardashian was not writing a book with Schiller, and that Schiller and Kardashian would not provide
129.
When Schiller and Kardashian made these representations, they knew them to be false
10
and made these representations with the intention to induce Simpson and Simpsons agents to act in
11
reliance on these representations in the manner alleged below, or with the expectation that Simpson
12
13
130.
Simpson and Simpsons agents, at the time these representations were made by
14
Schiller and at the time that Simpson took the actions alleged herein, were ignorant of the falsity of
15
Schillers and Kardashians representations and believed them to be true. In reliance on these
16
representations, Simpson was induced to and did inform members of his defense team that he had no
17
objection to them speaking to Schiller and was dissuaded from informing members of his defense
18
team not to speak with Schiller, and members of Simpsons defense team were induced and did speak
19
to Schiller and provided information concerning privileged and confidential client matters. Had
20
Simpson and the members of Simpsons defense team known the actual facts, they would not have
21
taken such actions. The reliance of Simpson and of members of Simpsons defense team on Schillers
22
and Kardashians representations was justified because Schiller and Kardashian occupied a position
23
of trust with regard to Simpson, and because Schiller and Kardashian represented Schiller was co-
24
authoring the book for Kardashian, who also occupied a position of trust with regard to Simpson and
25
26
27
28
131.
and Kardashian gained the advantage of earning substantial compensation and fame.
132.
Between October 1995 and continuing, on information and belief, to the present, at
26
COMPLAINT
a time or times presently unknown to Simpson, defendants Schiller, Kardashian, Does 1-10 and Does
21-30 knowingly and willingly conspired and agreed among themselves to engage in a scheme to
defraud Simpson.
133.
information and belief, Project 95, Does 11-20 and Does 31-40 knowingly and willingly conspired
and agreed with defendants Schiller, Kardashian, Does 1-10 and Does 21-30 to engage in a scheme
to defraud Simpson.
134.
9
10
Defendants did the acts and things alleged pursuant to, and in furtherance of, the
Simpson is informed and believes and thereon alleges that the last overt act in
11
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
12
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
13
based on information obtained through the above-described fraudulent scheme, and continue in their
14
refusal to submit the manuscript for the Miniseries to Simpson for review.
15
136.
Simpson has no adequate legal remedy for this scheme to defraud him in that damages
16
are inadequate to remedy the harm to the sanctity of the attorney-client relationship and the harm that
17
would be caused by the public disclosure and extensive public dissemination of information purported
18
to be confidential and privileged client information, since once such information is disclosed to a large
19
20
137.
21
equitable relief in the form of injunctive relief and full restitution and/or disgorgement of all
22
revenues, earnings, profits, compensation and benefits which may have been obtained by
23
defendants as a result of such actions, including the imposition of a constructive trust over the
24
25
138.
26
or concealment of material facts known to defendants with the intention on the part of defendants of
27
thereby depriving Simpson of property or legal rights or otherwise causing injury, and was despicable
28
conduct that subjected Simpson to a cruel and unjust hardship in conscious disregard of Simpsons
27
COMPLAINT
4
139.
Simpson re-alleges and incorporates by reference each and every allegation set forth
5
in Paragraphs 1-138 above.
6
140.
7
business acts or practices in violation of California Business and Professions Code 17200 et seq.
8
141.
Unless defendants are restrained from continuing these unlawful, unfair, and fraudulent
9
business acts or practices, Simpson will suffer irreparable injury.
10
142.
As a direct and proximate result of the foregoing conduct, defendants have been
11
unjustly enriched. Simpson is entitled to full disgorgement of all profits obtained by defendants as
12
a result of their unlawful, unfair, and fraudulent acts as alleged herein.
13
PRAYER FOR RELIEF
14
WHEREFORE, Simpson prays for relief against defendants as follows:
15
1.
For a preliminary injunction and permanent injunction that defendants Schiller, Project
16
95, Kardashian, their agents, servants, representatives, attorneys, partners, successors, predecessors,
17
assigns, and all persons acting for, with, by, through, or under them, and each of them, directly or
18
indirectly:
19
a.
20
in any way conveying any rights or title in or to the book, American Tragedy, concerning the
21
proposed miniseries entitled American Tragedy (the Miniseries), or to any film recorded
22
in the production of the Miniseries;
23
b.
24
based on the book American Tragedy or on information purported to be privileged or
25
confidential client information involving any member of Simpsons criminal defense team,
26
including the Miniseries;
27
c.
28
28
COMPLAINT
actually or purportedly obtained from any members of Simpsons criminal defense team
3
4
5
d.
2.
For disgorgement of all gains, profits, and advantages derived by defendants from their
3.
4.
5.
6.
For such other and further relief as the Court may deem proper.
10
11
12
13
14
15
16
By:
17
18
Terry Gross
Attorneys for Plaintiff
ORENTHAL JAMES SIMPSON
19
20
21
22
23
24
25
26
27
28
29
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
COMPLAINT