complaint breach of fiduciary duties
DESCRIPTION
Cause of Action Case for breach of Fiduciary dutyTRANSCRIPT
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1COMPLAINT
Terry Gross (103878)Adam C. Belsky (147800)GROSS & BELSKY LLPOne Maritime Plaza, Suite 1040San Francisco, California 94111Telephone: (415) 544-0200
Attorneys for Plaintiff ORENTHAL JAMES SIMPSON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF LOS ANGELES
UNLIMITED JURISDICTION
ORENTHAL JAMES SIMPSON,
Plaintiff,
v.
LAWRENCE SCHILLER, ROBERTKARDASHIAN, PROJECT 95PRODUCTIONS, INC., and DOES 1-40,
Defendants.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
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 6. Fraud7. Unfair Competition (Violation of Cal.
Bus. & Prof. Code § 17200)
REQUEST FOR JURY TRIAL
Plaintiff ORENTHAL JAMES SIMPSON (“Simpson”) hereby files this Complaint against
defendants LAWRENCE SCHILLER (“Schiller”), ROBERT KARDASHIAN (“Kardashian”),
PROJECT 95 PRODUCTIONS, INC. (“Project 95") and DOES 1-40, and alleges as follows:
INTRODUCTION
1. This action is about the avaricious disregard of the attorney-client relationship, and
of promises of confidentiality, by an attorney and a writer who value the fame and fortune to be
derived from publishing information about a sensational trial more than adhering to their ethical
obligations and contractual agreements. The information is to be imminently published to millions
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2COMPLAINT
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 Simpson’s trial from Kardashian’s 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 Schiller’s and Kardashian’s
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
of the book to Simpson for review, included in the book information purported to be privileged and
confidential client information, and removed Kardashian’s name as author. Now, defendants are in
the process of further exploiting their breaches of fiduciary duty and of agreements of confidentiality,
by beginning production of a television miniseries based on this same material, and have again refused
to submit the screenplay to Simpson for review to ensure no privileged and confidential material is
disseminated. Courts have repeatedly issued injunctions preventing such disclosures of information
protected by confidentiality agreements and the attorney-client relationship, as well as ordering a
constructive trust on all resulting profits, and such an injunction and disgorgement of profits are
required here.
JURISDICTION
2. Venue is proper in this judicial district, pursuant to California Code of Civil Procedure
§§ 395(a) and 395.5. The defendants either reside, maintain an office, transact business, have an
agent, or are found in the County of Los Angeles, and are within the jurisdiction of this Court for
purposes of service of process.
THE PARTIES
3. Plaintiff ORENTHAL JAMES SIMPSON (“Simpson”) is an individual who is a
resident of the State of Florida.
4. Defendant LAWRENCE SCHILLER (“Schiller”) is an individual who is a resident
of the State of California, and, upon information and belief, resides in the County of Los Angeles.
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3COMPLAINT
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
obtained by Schiller when writing the Book.
5. Defendant ROBERT KARDASHIAN (“Kardashian”) is an individual who is a resident
of the State of California, and, upon information and belief, resides in the County of Los Angeles.
Kardashian is an attorney who represented Simpson during Simpson’s criminal trial.
6. Defendant PROJECT 95 PRODUCTIONS, INC. (“Project 95"), is, on information
and belief, a corporation organized under the laws of the State of California, with its registered office
in Beverly Hills, California. Upon information and belief, Schiller is a principal and/or officer of
Project 95, and Project 95 has some interest in the Miniseries.
7. Various others, presently unknown to plaintiff, participated as co-conspirators with
defendant in the violations of law alleged in this Complaint and have engaged in conduct and made
statements in furtherance thereof. DOES 1-20 are individuals, and participated in the activity which
is the subject of this action, as alleged in this Complaint. DOES 21-40 are business entities of
unknown form that participated in the activity which is the subject of this action. Plaintiff does not
know the true names and capacities of the defendants named in this action as DOES 1-40, and
therefore sues them under fictitious names. Plaintiff will request permission to amend this Complaint
to state the true names and capacities of these fictitiously named defendants when they ascertain
them. Plaintiff is informed and believe, and allege on this ground, that these fictitiously named
defendants are legally responsible in some manner for the acts and omissions set forth below, and
therefore are liable to them for the relief requested.
8. Plaintiff is informed and believes, and on that basis alleges, that at all times herein
mentioned each of the defendants was the agent, servant, employee, and/or co-conspirator of each
of the other defendants, and, in doing the acts hereinafter alleged, was acting within the course and
scope of their authority as such agent, servant, employee, and/or co-conspirator with the permission
and consent of their co-defendants and, further, that the defendants, and each of them, have
authorized, ratified, and approved the acts of each of the other defendants with full knowledge of
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4COMPLAINT
those acts.
FACTUAL BACKGROUND
9. Kardashian represented Simpson as part of Simpson’s criminal defense team (“defense
team”) during Simpson’s criminal trial in 1994 to October 1995.
10. Schiller, a friend of Kardashian’s, called Kardashian immediately upon learning of the
death of Nicole Brown, and asked Kardashian to help insinuate him into Simpson’s 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
the explicit but undisclosed intent to exploit the relationship. Schiller took actions to ingratiate
himself into Simpson’s confidence, primarily for the undisclosed purpose of gaining access to
information which he intended to exploit for his own gain. During Simpson’s criminal trial, Schiller
assisted Simpson’s defense team on a number of matters, such as obtaining clean audio copies of the
tape recordings of interviews with police witness Mark Fuhrman. During the trial, Schiller assisted
Simpson in writing a book, I Want to Tell You (Little Brown 1995), concerning letters Simpson had
received from fans about his criminal prosecution. In or about April 1995, Schiller convinced
Simpson that they should co-author a book after the trial about the trial, which was to be Simpson’s
first person account, with Schiller to do the writing. As part of Schiller’s proposal, Schiller signed
an agreement with Simpson in which he agreed to keep confidential all interviews he conducted that
were arranged by Simpson, and that Simpson had the right to change or delete any material in the
final manuscript. After Simpson’s acquittal, Schiller assisted Simpson in producing a video about the
case, and helped Simpson raise funds.
12. During Simpson’s criminal trial, Schiller proposed to Kardashian that he represent that
they were co-authoring a book about the trial, from Kardashian’s perspective, with Schiller to do the
majority of the writing.
13. Near the end of the trial, Kardashian mentioned to Simpson that he was considering
co-authoring a book with Schiller.
14. On October 2, 1995, partly due to this conversation with Kardashian, Simpson wrote
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5COMPLAINT
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
authorization or waiver of the attorney-client privilege.”
15. After Simpson’s acquittal on October 3, 1995, Kardashian spoke to Simpson again
about writing a book about his experiences concerning Simpson’s trial. Kardashian stated that
Schiller would co-author the book with Kardashian, and that the book would be from Kardashian’s
point of view. Kardashian asked Simpson if this would be okay with him.
16. Simpson told Kardashian that he had no objection if Kardashian and Schiller worked
together on Kardashian’s book, so long as Kardashian adhered to his obligations as Simpson’s lawyer
not to disclose client confidences and information without Simpson’s written permission, as Simpson
had written to Kardashian in his October 2, 1995 letter. Kardashian agreed that he would do so.
17. Simpson made his decision not to object to Schiller collaborating with Kardashian on
Kardashian’s book in large part because Schiller had insinuated himself into a position of trust and
confidence with Simpson.
18. Shortly after Kardashian’s conversation with Simpson, Schiller spoke to Simpson, and
stated that he wanted to help Kardashian write a book, and that he believed a lot of people would be
interested in reading about a book from Kardashian’s perspective as Simpson’s friend and lawyer.
Schiller asked Simpson if it would be okay with Simpson if Schiller assisted Kardashian in writing his
book. Simpson told Schiller that he had no objection to him collaborating on Kardashian’s book,
stating that any manuscript would have to be submitted to Simpson for review prior to publication
and that it could not disclose any privileged or confidential information unless Simpson had previously
given an explicit waiver as to the particular information. Schiller agreed to these terms.
19. On or about November 17, 1995, Kardashian, upon information and belief with the
assistance of Schiller, sent to Simpson the draft of a letter that he proposed Simpson sign, which
contained a sentence that would have granted an explicit waiver by Simpson of his privilege as to any
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6COMPLAINT
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
requests that Larry Schiller assist me with some portions of my book.”
20. Simpson refused to sign this letter, as he did not want to waive the statutory
protections accorded to clients concerning confidential and privileged information.
21. On or about November 20, 1995, in response to Kardashian’s November 17, 1995
letter, Simpson caused another of his attorneys to send a letter to Kardashian which delineated an
attorney’s fiduciary duties to his client, in the situation when the attorney wishes to write a book
about the client’s case, in particular about the prohibition against disclosing confidential or privileged
information.
22. On or about November 28, 1995, partly in response to Kardashian’s November 17,
1995 letter, Simpson sent a letter to Kardashian and other members of Simpson’s defense team, which
further stated:
I am requiring that all information you have gained in the course of our professionalrelationship be held inviolate unless and until you receive express written permissionfrom me. Any written authorization shall be limited to the specific communicationdescribed in the authorization and shall not be construed as a broad and blanketauthorization or waiver. Therefore, it is essential that any draft manuscript bereviewed by me before it is shared with others or published.
I am sure you appreciate that your professional and fiduciary duties to mesurvive the end of your representation. Moreover, it is imperative that you recognizethat the types of information covered by this requirement goes well beyond privilegedcommunications. For instance, it includes, but is not limited to, observations aboutmy behavior, demeanor, and conduct, as well as information gained throughdiscussions with other attorneys, witnesses, my friends, and family. . . . I do expectyou to communicate my concerns and your professional and legal obligations to meto any publishing company or other media that you are or will be negotiating withrespect to any publishing deal you are contemplating.
23. Simpson and other attorneys representing Simpson spoke to Kardashian in this time
period, and informed Kardashian that Simpson would not give a blanket waiver concerning
confidential or privileged information. Simpson told Kardashian that Kardashian was required to
submit to Simpson any privileged or confidential information he wanted to include in any book, and
Simpson would decide then whether he would grant a waiver. Kardashian confirmed that he was
writing a book with Schiller, and he agreed that he would submit any manuscript to Simpson for
review and for the removal of any confidential information for which Simpson did not grant a waiver.
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7COMPLAINT
24. Kardashian negotiated with Simpson’s attorneys, who rejected a subsequent draft of
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 Kardashian’s book, that everything the other attorneys would say to him would
be protected and not disclosed due to Kardashian’s responsibilities as Simpson’s lawyer, that no
privileged or confidential information would be published unless Simpson gave explicit approval, and
that prior to dissemination he and Kardashian would submit any manuscript to Simpson for his
review.
26. In light of the representations that it was Kardashian’s book and that Kardashian and
Schiller had agreed that Simpson would review the final draft and could excise any privileged
confidential information contained in the draft, Simpson agreed to speak to members of his defense
team and give them permission to speak to Schiller. Simpson fully complied with his obligations
under this agreement.
27. Simpson never gave any attorney permission to disclose confidential or privileged
information to Schiller.
28. Simpson would not have given such authorization, and would have informed all
members of his defense team not to speak to Schiller, if Schiller and Kardashian had not previously
represented and agreed that they would submit any manuscript to Simpson prior to dissemination
for his review and removal of confidential and privileged information.
29. From November 1995 through Spring 1996, Schiller had conversations with numerous
members of Simpson’s defense team, in which Schiller represented that he was co-authoring a book
with Kardashian about the Simpson case, which would be a book from Kardashian’s view with
Schiller doing the majority of the writing. At times Schiller stated to the members of the defense team
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8COMPLAINT
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. Kardashian also made representations to members of Simpson’s defense team that he
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.
31. If Schiller and Kardashian had not made these representations, the members of
Simpson’s defense team would not have agreed to be interviewed by Schiller.
32. Because of Schiller’s representations to members of Simpson’s defense team that
Schiller was co-authoring a book with Kardashian, a lawyer who was a member of Simpson’s defense
team, that Schiller and Kardashian would provide any manuscript to Simpson for total manuscript
approval, and that Schiller and Kardashian would not publish or disclose any information about
confidential matters unless they obtained written approval from Simpson, some members of
Simpson’s defense team provided Schiller information that was privileged and confidential.
33. These members of the defense team would never have provided such information had
Schiller not made these representations.
34. Kardashian provided substantial privileged and confidential client information to
Schiller, and also provided to Schiller all of the surreptitious tape recordings and notes he had taken
during his representation of Simpson.
35. Between December 1995 and August 12, 1996, Simpson and other attorneys
representing him had several conversations with Schiller and Kardashian about their book. In none
of these conversations did Schiller or Kardashian ever state or imply that Schiller was writing a book
on his own without Kardashian, or that Kardashian was not a co-author with Schiller of the book.
36. In August 1996, Simpson and Simpson’s attorneys learned that Kardashian’s book
was nearing completion, and called both Kardashian and Schiller to obtain a copy of the manuscript
for review. At first, both Schiller and Kardashian confirmed that the manuscript would be submitted
to Simpson for his review, and Schiller made arrangements with Simpson’s lawyers for them to
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9COMPLAINT
review the manuscript.
37. 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
he was writing was not co-authored by Kardashian.
38. On September 11, 1996, Simpson’s attorneys were informed that Random House
would not permit Schiller to submit the manuscript to Simpson for review.
39. On September 20, 1996, Simpson’s attorneys sent a letter to Random House,
Schiller’s and Kardashian’s publisher, and to Schiller’s attorney, informing them that the publication
of the book would breach fiduciary duties and contracts and was based on fraudulent conduct and
would subject them to liability, and demanding that a copy of the manuscript be submitted to Simpson
for review.
40. In or about October 1996, Schiller published a book entitled American Tragedy: The
Uncensored Story of the Simpson Defense (the “Book”). Schiller is listed as an author, with co-
author James Willwerth. Kardashian is not listed as an author.
41. Neither Schiller nor Kardashian submitted a draft of the manuscript of the Book to
Simpson for review prior to publication.
42. It was only with the publication of the Book that plaintiff learned that Willwerth had
anything to do with writing the Book. In the Acknowledgments section of the Book, Schiller states
that “In November 1995 I asked Jim [Willwerth] to collaborate with me.” Despite the fact that both
Schiller and Kardashian had numerous conversations with Simpson and Simpson’s attorneys during
and after November 1995, neither Kardashian nor Schiller ever mentioned that Willwerth would be
assisting on the book.
43. The Book contains a substantial amount of information that purports to be privileged
and confidential client information, available only to members of Simpson’s criminal defense team.
44. Schiller concedes in the book jacket of the Book that the Book contains information
that purports to be privileged and confidential client information. The book jacket states: “Nothing
written about the Simpson case can possibly prepare the reader for the revelations in this book: the
untold story, from murder to acquittal, written from deep within the Simpson defense by a master
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10COMPLAINT
reporter. Each turning point in the months-long investigation and trial is recounted in authentic,
often startling detail in the words of Simpson’s 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 Simpson’s closest confidants and
attorneys, such mysteries. . .” (italics added).
45. Schiller concedes in the Book that Kardashian was the source of a large portion of the
purported privileged and confidential client information contained in the Book. In 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
the preparation of the book.” Schiller later states: “I told O.J. Simpson and his attorney Skip Taft
that I would work with Robert Kardashian on a book that would include Bob’s story as well as the
recollections of other members of the defense.”
46. In the fall of 1996, when the Book was published, Simpson was involved in a civil trial
brought by members of the Brown and Goldman families, which began in October 1996 and lasted
until March 1997. Due to the pressures from the lawsuit, at that time Simpson did not have the time
or money to institute a lawsuit against Schiller, Kardashian and the publisher of the Book to seek an
injunction preventing the publication of the Book.
47. On or about October 11, 1996, Kardashian appeared on national television on ABC’s
20/20 show, and, during an interview by Barbara Walters, disclosed privileged and confidential client
information. In addition, at other times Kardashian disclosed privileged and confidential client
information.
48. In or about mid-May 2000, Simpson learned that Schiller had contracted with CBS
Television to make a miniseries concerning Simpson’s trial, based on the information that Schiller had
obtained while writing a book with Kardashian, and that Schiller was producing and directing the
miniseries. This was the first time Simpson learned of these plans to produce a miniseries based on
the information that Schiller had obtained from Kardashian and members of Simpson’s defense team.
49. Simpson diligently acted to retain counsel to represent him in this matter.
50. Upon information and belief, the screenplay for the Miniseries contains a substantial
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11COMPLAINT
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
Simpson’s 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
was not published in the Book.
51. On June 30, 2000, Simpson’s counsel sent a letter to Schiller demanding that Schiller
cease and desist from producing or having any involvement with the Miniseries.
52. On July 5, 2000, Simpson’s counsel sent a letter to Schiller, in accordance with
Schiller’s agreement to submit a copy of any manuscript to Simpson for review, requesting a copy
of the latest draft of the screenplay for pre-publication review by Simpson, and for the removal of any
privileged or confidential information not approved by Simpson.
53. On July 10, 2000, Schiller’s counsel sent a letter to Simpson’s counsel, stating that
Schiller would not cease and desist from producing the Miniseries, and refusing to submit a draft of
the screenplay to Simpson for review.
54. Upon information and belief, at most several hundred thousand copies of the Book
were sold. In contrast, the Miniseries is planned to be broadcast nationally by CBS Television, and,
upon information and belief, will be seen by millions of viewers.
FIRST CAUSE OF ACTION
(Breach of Contract by Schiller and Conspiracy to Breach Contract)[Against All Defendants]
55. Simpson re-alleges and incorporates by reference each and every allegation set forth
in Paragraphs 1-54 above.
56. In late 1995 and early 1996, Schiller and Simpson entered into an oral agreement in
which Simpson agreed that he would inform members of his defense team that he did not object to
them being interviewed by Schiller. Schiller agreed that the interviews were for a book he was
writing with Kardashian, that prior to dissemination of any manuscript concerning these interviews
he and Kardashian would submit the manuscript to Simpson for his review, and that any privileged
or confidential information contained in the manuscript would be deleted unless Simpson gave explicit
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12COMPLAINT
approval.
57. Simpson has performed all conditions, covenants, and promises required on his part
to be performed in accordance with the terms and conditions of the contract.
58. In September-October 1996, Schiller breached the agreement by utilizing the
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,
and by publishing the Book containing 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
submit the manuscript for the Miniseries to Simpson for review and deletion of privileged and
confidential material.
60. 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 Schiller’s agreement with Simpson. In particular, Kardashian aided and abetted and conspired
with Schiller to breach his contract with Simpson, by providing privileged and confidential client
information to Schiller, by inducing other members of the defense team to provide information to
Schiller, and by taking no actions to prevent Schiller’s dissemination of such information without
prior submission to Simpson.
61. At some time, presently unknown to Simpson, and continuing, on information and
belief, to the present, 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
breach Schiller’s agreement with Simpson.
62. Defendants did the acts and things alleged pursuant to, and in furtherance of, the
conspiracy and above-alleged agreement.
63. Simpson is informed and believes and thereon alleges that the last overt act in
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
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13COMPLAINT
based on information obtained in breach of Schiller’s 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
television audience it cannot be undone.
65. As a result of defendants’ actions in breaching and conspiring to breach the
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
constructive trust over the proceeds of such actions.
SECOND CAUSE OF ACTION
(Breach of Contract/Third Party Beneficiary and Conspiracy to Breach Contract)[Against All Defendants]
66. Simpson re-alleges and incorporates by reference each and every allegation set forth
in Paragraphs 1-65 above.
67. In early 1996, at a specific date presently unknown to Simpson, Schiller entered into
an oral agreement with Alan Dershowitz, Esq. (“Dershowitz”), a member of Simpson’s defense team.
68. By terms of the agreement, Dershowitz agreed that he would let Schiller interview him
concerning the Simpson trial, and Schiller agreed that he would submit any manuscript concerning
the Simpson trial to Simpson or Simpson’s lawyer for review and deletion of confidential and
privileged information. This contract was made for Simpson’s benefit to ensure that information
purported to be privileged and confidential client information concerning Simpson was not disclosed.
69. In November 1995 and December 1995, Schiller entered into an oral agreement with
F. Lee Bailey, Esq. (“Bailey”), a member of Simpson’s defense team.
70. By terms of the agreement, Bailey agreed that he would let Schiller interview him
concerning the Simpson trial, and Schiller agreed that he would not submit any manuscript to any
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14COMPLAINT
editor or publisher unless Simpson had previously reviewed and approved the manuscript, that
Schiller would not include anything in the book without Simpson’s approval, and that Simpson would
have total manuscript approval. This contract was made for Simpson’s 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
of Simpson’s defense team.
72. By terms of the agreement, Blasier agreed that he would let Schiller interview him
concerning the Simpson trial, and Schiller agreed that he would give the manuscript of any publication
to Simpson prior to disclosure for Simpson’s review, and removal of any objectionable portions at
Simpson’s complete discretion. This contract was made for Simpson’s 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.
73. In the months immediately after the Simpson trial, at a specific date presently unknown
to Simpson, Schiller entered into an oral agreement with Shawn Chapman, Esq. (“Chapman”), a
member of Simpson’s defense team.
74. By terms of the agreement, Chapman agreed that she would let Schiller interview her
concerning the Simpson trial, and Schiller agreed that any manuscript he wrote would be submitted
for review by Simpson or Simpson’s attorney and removal of any privileged or confidential
information, except as to any items for which Simpson gave his approval. This contract was made
for Simpson’s 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.
75. In the months immediately after the Simpson trial, at a specific date presently unknown
to Simpson, Schiller entered into an oral agreement with Carl Douglas, Esq. (“Douglas”), a member
of Simpson’s defense team.
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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15COMPLAINT
Simpson’s representative for review and deletion of privileged and confidential material. This
contract was made for Simpson’s 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 Simpson’s
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
Simpson gave express authorization to allow its publication. This contract was made for Simpson’s
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.
79. In or about December 1995, Schiller entered into an oral agreement with Robert
Craig, Esq. (“Craig”), a member of Simpson’s defense team.
80. By terms of the agreement, Craig agreed that he would let Schiller interview him
concerning the Simpson trial, and Schiller agreed 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. This contract was made for Simpson’s
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.
81. Several months after the verdict in Simpson’s trial, at a date presently unknown to
Simpson, Schiller entered into an oral agreement with William Thompson, Esq. (“Thompson”), a
member of Simpson’s defense team.
82. By terms of the agreement, Thompson agreed that he would let Schiller interview him
concerning the Simpson trial, and Schiller agreed that Simpson or one of his lawyers would review
the manuscript before publication and would have the right to remove any confidential material that
they found objectionable. This contract was made for Simpson’s benefit in that the submission of any
manuscript to Simpson was to benefit Simpson by ensuring that privileged and confidential client
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information was not disclosed.
83. 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
Miniseries to Simpson for review prior to publication.
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 Schiller’s agreements with these members of Simpson’s defense team. In particular,
Kardashian aided and abetted and conspired with Schiller to breach his agreements with members of
Simpson’s defense team, by inducing other members of the defense team to provide information to
Schiller, and by taking no actions to prevent Schiller’s dissemination of such information without
prior submission to Simpson.
85. At some time, presently unknown to Simpson, and continuing, on information and
belief, to the present, 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
breach Schiller’s agreements with these members of Simpson’s defense team.
86. Defendants did the acts and things alleged pursuant to, and in furtherance of, the
conspiracy and above-alleged agreement.
87. Simpson is informed and believes and thereon alleges that the last overt act in
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
based on information obtained in breach of Schiller’s agreements with the members of Simpson’s
defense team, and continue in their refusal to submit the manuscript for the Miniseries to Simpson
for review.
88. Simpson has no adequate legal remedy for these breaches of contracts 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
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17COMPLAINT
television audience it cannot be undone.
89. As a result of defendants’ actions in breaching and conspiring to breach the
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
imposition of a constructive trust over the proceeds of such actions.
THIRD CAUSE OF ACTION
(Breach of Contract by Kardashian and Conspiracy to Breach Contract)[Against All Defendants]
90. Simpson re-alleges and incorporates by reference each and every allegation set forth
in Paragraphs 1-89 above.
91. At all times relevant to this Complaint, Kardashian was licensed to engage in the
practice of law and was practicing law in the State of California.
92. In or about June 1994, Kardashian and Simpson entered into an oral agreement
providing that Kardashian would act as one of Simpson’s attorneys in connection with the criminal
prosecution and trial of Simpson. An implied provision of this contract was that Kardashian would
comply with his fiduciary obligations to Simpson as an attorney under the California Code of
Professional Conduct and state law, including the duty of loyalty and the duty not to disclose
confidential client information without an express waiver by Simpson.
93. In October and November 1995, Kardashian and Simpson entered into an oral
agreement whereby Kardashian represented that he was co-authoring a book with Schiller, and that
Schiller would be conducting interviews of members of Simpson’s defense team for use in the book,
and Kardashian agreed that he would provide any manuscript to Simpson prior to publication for
Simpson’s review, and that any confidential or privileged information in the manuscript would be
deleted unless Simpson approved. In return, Simpson agreed that he would not object to Schiller
speaking to members of the defense team, and would inform members of the defense team that it was
okay to be interviewed by Schiller.
94. Simpson has performed all conditions, covenants, and promises required on his part
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18COMPLAINT
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
agreements by disclosing privileged and confidential client information to Schiller, by refusing to
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
by Kardashian during his representation of Simpson.
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
knowingly and willingly conspired and agreed among themselves to engage in a scheme to breach
Kardashian’s agreements with Simpson. In particular, Schiller aided and abetted and conspired with
Kardashian to breach his agreements with Simpson, by inducing Kardashian to provide privileged and
confidential client information to Schiller, by representing that he was co-authoring a book with
Kardashian, and by participating in the publication of the Book and the production of the Miniseries
involving the disclosure of information purported to be privileged and confidential client information
obtained from Kardashian.
97. At some time, presently unknown to Simpson, and continuing, on information and
belief, to the present, 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
breach Kardashian’s agreements with Simpson.
98. Defendants did the acts and things alleged pursuant to, and in furtherance of, the
conspiracy and above-alleged agreement.
99. Simpson is informed and believes and thereon alleges that the last overt act in
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
based on information obtained in breach of Kardashian’s contracts with Simpson, and continue in
their refusal to submit the manuscript for the Miniseries to Simpson for review.
100. Simpson has no adequate legal remedy for this breaches of contracts in that damages
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19COMPLAINT
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
television audience it cannot be undone.
101. As a result of defendants’ actions in breaching and conspiring to breach the
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
constructive trust over the proceeds of such actions.
FOURTH CAUSE OF ACTION
(Breach of Fiduciary Duty of Schiller and Conspiracy to Breach Fiduciary Duty)[Against All Defendants]
102. Simpson re-alleges and incorporates by reference each and every allegation set forth
in Paragraphs 1-101 above.
103. Schiller had a fiduciary relationship with Simpson based on trust and confidence, that
derived from the facts that Schiller assisted Simpson’s defense team on various matters, had
collaborated with Simpson on one book, had agreed to co-author another book with Simpson, had
entered into a confidentiality agreement with Simpson concerning this book, had assisted Simpson
in the production of a video, and had entered into an agreement with Simpson in which he represented
that he was co-authoring a book with Kardashian and would submit any manuscript to Simpson for
review and deletion of confidential client information. By virtue of this special relationship that
existed between Schiller and Simpson, Simpson had confidence in the fidelity and integrity of Schiller
and entrusted Schiller with information and access to members of his defense team, creating a
confidential relationship that existed at all times relevant to this Complaint between Simpson and
Schiller such that Schiller owed to Simpson a fiduciary duty to not publish or disseminate information
purported to be privileged or confidential concerning Simpson’s legal defense, except with Simpson’s
prior express approval, and to submit any manuscript to Simpson for review and deletion of privileged
and confidential client information.
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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,
and by producing and directing the Miniseries.
105. As a result of Schiller’s breach of fiduciary duties to Simpson alleged above, Schiller
gained the advantage of earning substantial compensation and fame.
106. 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 Schiller’s fiduciary duties to Simpson. In particular, Kardashian aided and abetted and
conspired with Schiller to breach his fiduciary duties to Simpson, by providing privileged and
confidential client information to Schiller, by inducing other members of the defense team to provide
information to Schiller, and by taking no actions to prevent Schiller’s dissemination of such
information without prior submission to Simpson.
107. At some time, presently unknown to Simpson, and continuing to the present, on
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 breach Schiller’s fiduciary duties to Simpson.
108. Defendants did the acts and things alleged pursuant to, and in furtherance of, the
conspiracy and above-alleged agreement.
109. Simpson is informed and believes and thereon alleges that the last overt act in
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
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21COMPLAINT
based on information obtained in breach of Schiller’s fiduciary duties, and continue in their refusal
to submit the manuscript for the Miniseries to Simpson for review.
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
disclosed to a large television audience it cannot be undone.
111. As a result of defendants’ actions in breaching and conspiring to breach Schiller’s
fiduciary duties, 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 constructive trust over the proceeds of such actions.
112. In doing the acts alleged above, defendants acted with oppression, fraud, and malice,
such that Simpson is entitled to punitive damages.
FIFTH CAUSE OF ACTION
(Breach of Fiduciary Duty of Kardashian and Conspiracy to Breach Fiduciary Duty)[Against All Defendants]
113. Simpson re-alleges and incorporates by reference each and every allegation set forth
in Paragraphs 1-112 above.
114. As set forth above, Simpson retained and employed Kardashian to represent Simpson
as one of Simpson’s attorneys in connection with the criminal prosecution and trial of Simpson.
Kardashian accepted this employment and agreed to perform duties for Simpson as Simpson’s
attorney.
115. By virtue of the attorney-client relationship that existed between Kardashian and
Simpson, and by virtue of Simpson’s having placed confidence in the fidelity and integrity of
Kardashian and in entrusting Kardashian with his defense against the criminal charges, a confidential
relationship existed at all times relevant to this Complaint between Simpson and Kardashian and
Kardashian owed to Simpson a fiduciary duty even after the termination of their attorney-client
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22COMPLAINT
relationship, such that Kardashian was required to act with the utmost loyalty to Simpson and to not
disseminate or disclose information purported to be privileged or confidential client information,
except with the express permission of Simpson.
116. Despite having voluntarily accepted the trust and confidence of Simpson with regard
to Simpson’s 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 Simpson’s consent information purported to be privileged and
confidential client information acquired during Kardashian’s representation of Simpson.
117. As a result of Kardashian’s breach of fiduciary duties to Simpson alleged above,
Kardashian gained the advantage of earning substantial compensation and fame.
118. 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
knowingly and willingly conspired and agreed among themselves to engage in a scheme to breach
Kardashian’s fiduciary duties to Simpson. In particular, Schiller aided and abetted and conspired with
Kardashian to breach his fiduciary duties to Simpson, by inducing Kardashian to provide privileged
and confidential client information to Schiller, by representing that he was co-authoring a book with
Kardashian, and by participating in the publication of the Book and the production of the Miniseries
involving the disclosure of information purported to be privileged and confidential client information
obtained from Kardashian.
119. At some time, presently unknown to Simpson, and continuing to the present, on
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 breach Kardashian’s fiduciary duties to Simpson.
120. Defendants did the acts and things alleged pursuant to, and in furtherance of, the
conspiracy and above-alleged agreement.
121. Simpson is informed and believes and thereon alleges that the last overt act in
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
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23COMPLAINT
based on information obtained in breach of Kardashian’s fiduciary duties, and continue in their refusal
to submit the manuscript for the Miniseries to Simpson for review.
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
disclosed to a large television audience it cannot be undone.
123. As a result of defendants’ actions in breaching and conspiring to breach
Kardashian’s fiduciary duties, 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 constructive trust over the proceeds of such actions.
124. In doing the acts alleged above, defendants acted with oppression, fraud, and malice,
such that Simpson is entitled to punitive damages.
SIXTH CAUSE OF ACTION
(Fraud and Conspiracy to Commit Fraud -- Intentional Misrepresentation)[Against All Defendants]
125. Simpson re-alleges and incorporates by reference each and every allegation set forth
in Paragraphs 1-124 above.
126. Schiller made the following representations to Simpson or to Simpson’s agents or
representatives:
a. In October and November 1995, Schiller represented to Simpson that he was
writing a book with Kardashian, that he wanted to conduct interviews of members of
Simpson’s defense team for Kardashian’s book, that everything the members of the defense
team would say to Schiller would be protected and not disclosed due to Kardashian’s
responsibilities as Simpson’s lawyer, that Schiller would not use any privileged or confidential
information provided by these lawyers in the book without Simpson’s express approval, and
that prior to dissemination Schiller would provide any manuscript containing information from
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24COMPLAINT
these interviews to Simpson for review and that any confidential information that Simpson
found in the manuscript would be deleted, unless Simpson approved.
b. In early 1996, at a specific date presently unknown to Simpson, Schiller
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 Simpson’s lawyer for review and deletion of confidential and
privileged information.
c. In November 1995 and December 1995, Schiller represented to F. Lee Bailey,
Esq., that Schiller was co-authoring a book with Kardashian about the Simpson case, that he
would not submit any manuscript to any editor or publisher unless Simpson had previously
reviewed and approved the manuscript, that Schiller would not include anything in the book
without Simpson’s approval, and that Simpson would have total manuscript approval.
d. In the months immediately after the Simpson trial, at a specific date presently
unknown to Simpson, Schiller represented to Robert Blasier, Esq., that Schiller was writing
a book with Kardashian, and that he would give the manuscript of any publication to Simpson
prior to disclosure for Simpson’s review, and removal of any objectionable portions at
Simpson’s complete discretion.
e. In the months immediately after the Simpson trial, at a specific date presently
unknown to Simpson, Schiller represented to Shawn Chapman, Esq., that Schiller was writing
a book with Kardashian about the Simpson case, and that any manuscript he wrote would be
submitted for review by Simpson or Simpson’s attorney and removal of any privileged or
confidential information, except as to any items for which Simpson gave his approval.
f. In the months immediately after the Simpson trial, at a specific date presently
unknown to Simpson, Schiller represented to Carl Douglas, Esq., that Schiller was co-
authoring a book with Kardashian about the Simpson trial and that any manuscript would be
submitted to Simpson’s representative for review and deletion of privileged and confidential
material.
g. Some time after the Simpson trial, at a specific date presently unknown to
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25COMPLAINT
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
Simpson gave express authorization to allow its publication.
h. In or about December 1995, Schiller represented to Robert Craig, Esq., that
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. Several months after the verdict in Simpson’s trial, at a date presently
unknown to Simpson, Schiller represented to William Thompson, Esq., that Schiller that was
co-authoring a book with Kardashian and that Simpson or one of his lawyers would review
the manuscript before publication and would have the right to remove any confidential
material that they found objectionable.
127. Kardashian made the following representations to Simpson or to Simpson’s agents or
representatives:
a. In late November 1995, Kardashian represented to Simpson that he was going
to write a book with Schiller, and that he would submit the manuscript of any book to
Simpson to vet and remove any confidential information for which Simpson would not grant
a waiver, and that Simpson would have final say over anything that was in the book.
b. Between December 1995 and June 1996, Kardashian represented to Simpson
that Schiller was involved in the writing of Kardashian’s book, and that he would submit any
manuscript to Simpson prior to any disclosure or publication, and that Kardashian would
remove from the manuscript any privileged or confidential information for which he did not
receive a written waiver from Simpson, and that Kardashian would remove anything else that
Simpson wanted removed from the book.
c. In November 1995, Kardashian represented to Leroy Taft, Esq., a personal
and business attorney representing Simpson, that Schiller was collaborating with Kardashian
on Kardashian’s book about the Simpson trial.
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26COMPLAINT
d. After the conclusion of Simpson’s criminal trial, at a date presently unknown
to Simpson, Kardashian represented to Carl Douglas, Esq., that he was writing a book with
Schiller, to be Kardashian’s account of the criminal trial.
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
any manuscripts to Simpson for review prior to publication.
129. When Schiller and Kardashian made these representations, they knew them to be false
and made these representations with the intention to induce Simpson and Simpson’s agents to act in
reliance on these representations in the manner alleged below, or with the expectation that Simpson
and Simpson’s agents would so act.
130. Simpson and Simpson’s agents, at the time these representations were made by
Schiller and at the time that Simpson took the actions alleged herein, were ignorant of the falsity of
Schiller’s and Kardashian’s representations and believed them to be true. In reliance on these
representations, Simpson was induced to and did inform members of his defense team that he had no
objection to them speaking to Schiller and was dissuaded from informing members of his defense
team not to speak with Schiller, and members of Simpson’s defense team were induced and did speak
to Schiller and provided information concerning privileged and confidential client matters. Had
Simpson and the members of Simpson’s defense team known the actual facts, they would not have
taken such actions. The reliance of Simpson and of members of Simpson’s defense team on Schiller’s
and Kardashian’s representations was justified because Schiller and Kardashian occupied a position
of trust with regard to Simpson, and because Schiller and Kardashian represented Schiller was co-
authoring the book for Kardashian, who also occupied a position of trust with regard to Simpson and
was subject to his fiduciary duties as Simpson’s lawyer.
131. As a result of Schiller’s and Kardashian’s fraudulent conduct alleged above, Schiller
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
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27COMPLAINT
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. At some time, presently unknown to Simpson, and continuing to the present, on
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. Defendants did the acts and things alleged pursuant to, and in furtherance of, the
conspiracy and above-alleged agreement.
135. Simpson is informed and believes and thereon alleges that the last overt act in
pursuance of the above-described conspiracy occurred on or about the date of filing of the Complaint,
as defendants Schiller and Project 95 are currently taking actions to produce and direct the Miniseries
based on information obtained through the above-described fraudulent scheme, and continue in their
refusal to submit the manuscript for the Miniseries to Simpson for review.
136. Simpson has no adequate legal remedy for this scheme to defraud him 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
television audience it cannot be undone.
137. As a result of defendants’ actions in defrauding Simpson, 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 constructive trust over the
proceeds of such actions.
138. The conduct of defendants alleged above were intentional misrepresentations, deceit,
or concealment of material facts known to defendants with the intention on the part of defendants of
thereby depriving Simpson of property or legal rights or otherwise causing injury, and was despicable
conduct that subjected Simpson to a cruel and unjust hardship in conscious disregard of Simpson’s
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rights, so as to justify an award of punitive damages.
SEVENTH CAUSE OF ACTION
Unfair Competition (Cal. Bus. & Prof. Code § 17200)[Against All Defendants]
139. Simpson re-alleges and incorporates by reference each and every allegation set forth
in Paragraphs 1-138 above.
140. Defendants’ conduct as alleged herein constitutes unlawful, unfair, or fraudulent
business acts or practices in violation of California Business and Professions Code § 17200 et seq.
141. Unless defendants are restrained from continuing these unlawful, unfair, and fraudulent
business acts or practices, Simpson will suffer irreparable injury.
142. As a direct and proximate result of the foregoing conduct, defendants have been
unjustly enriched. Simpson is entitled to full disgorgement of all profits obtained by defendants as
a result of their unlawful, unfair, and fraudulent acts as alleged herein.
PRAYER FOR RELIEF
WHEREFORE, Simpson prays for relief against defendants as follows:
1. For a preliminary injunction and permanent injunction that defendants Schiller, Project
95, Kardashian, their agents, servants, representatives, attorneys, partners, successors, predecessors,
assigns, and all persons acting for, with, by, through, or under them, and each of them, directly or
indirectly:
a. Be restrained and enjoined from selling, transferring, licensing, assigning, or
in any way conveying any rights or title in or to the book, American Tragedy, concerning the
proposed miniseries entitled “American Tragedy” (the “Miniseries”), or to any film recorded
in the production of the Miniseries;
b. Be restrained and enjoined from participating in any manner in a film or video
based on the book American Tragedy or on information purported to be privileged or
confidential client information involving any member of Simpson’s criminal defense team,
including the Miniseries;
c. Be restrained and enjoined from disseminating in any manner any information
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actually or purportedly obtained from any members of Simpson’s criminal defense team
concerning Simpson’s defense;
d. Be ordered to destroy any film recorded concerning the Miniseries.
2. For disgorgement of all gains, profits, and advantages derived by defendants from their
acts of unfair competition and other violations of law;
3. For punitive damages;
4. For all costs and expenses;
5. For prejudgment interest at the maximum legal rate; and
6. For such other and further relief as the Court may deem proper.
Dated: August 15, 2000
Respectfully submitted,
Terry Gross (103878)Adam C. Belsky (147800)GROSS & BELSKY LLPOne Maritime Plaza, Suite 1040San Francisco, California 94111Telephone: (415) 544-0200
By: Terry Gross
Attorneys for Plaintiff ORENTHAL JAMES SIMPSON
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JURY TRIAL DEMAND
Plaintiff hereby demands a trial by jury.
Dated: August 15, 2000
Respectfully submitted,
Terry Gross (103878)Adam C. Belsky (147800)GROSS & BELSKY LLPOne Maritime Plaza, Suite 1040San Francisco, California 94111Telephone: (415) 544-0200
By: Terry Gross
Attorneys for Plaintiff ORENTHAL JAMES SIMPSON