model lawsuit

8/14/2019 Model Lawsuit

1/16


2/16

r.

D a t e d : July 24, 2008New York, New York

Kenneth SussrnaneMCCUE SUSSMANE & Z A P F E L , P . C .Attorneys for Pla in t i ff521 Fif th AvenueNew Y o r k , New York 10175(212) 931-5500

Defendants Addresses :Vivien Wang520 Broadway, l l t h F1 .New York , New Yo r k 10012

DN A Model Management520 Broadway, 1 l f h 1.New York, New York 10012

2

www.courthousenews.com
http://www.courthousenews.com/http://www.courthousenews.com/


3/16

SUPREME COURT OF THE CITY OF NEW YORKCOUNTY O F NEW YORK

1 MODEL MANAGEMENT,LLC, : Index No. 08/

Plaint iff ,

- agains t -

: VERIFIED: COMPLAINT

VIVIEN WANG, and DNA MODEL MANAGEMENT, :LL C

Defendants.

P la in t i ff 1 Model Management, LLC, by i ts

at torneys, McCue Sussmane & Zapfel , P.C. , for i ts Complaint

here in a l leges as fol lows:

PARTIES

1. Pla in t i ff 1 Model Management, LLC

(Plaint iff) is a New Yo r k l imited l iabil i ty company which

maintains i ts principal place of business at 42 Bond

Street , in the City, County and State of New York.

2. Defendant Vivien Wang (Wang) is an

individual residing in the City and State of New Yo r k .

3. Defendant D N A Model Management LLC is a New

York limited l iabil i ty company which maintains i ts

principal place of business at 52 0 Broadway, l l t h Floor, in

the City, County and State of New York.



4/16

4. Plaintiff is one of the leading modeling

management companies in the United States and is engaged in

the representation of only exceptionally talented models

providing high fashion modeling services to the fashion and

entertainment industries.

5. Models represented by plaint iff are among

the most sought af ter in the industry as evidenced by the

extremely high calibe r of bookings. They have graced the

covers of every major fashion magazine, such as Vogue,

Cosmopolitan, E l l e and Glamour among many others. They

have appeared as the faces fo r media campaigns for

virtually every premier luxury brand.

6. Defendant DNA is one of the leading modeling

management companies in the United States.

7. Plaintiff employed defendant Wang from

August 16, 2004 through May 1, 2008. She commenced her

employment as the assis tant to the President of plaintiff

and was promoted to the posi t ion of model manager or

booker. Defendant Wang had full access to al l confidential

and proprietary information and trade secrets of plaintiff.

8. Defendant Wangs employment with plaint iff

positioned her in a situation of trust and confidence with

plaintiff s models. Defendant Wang performed unique

services ut i l izing the resources at her disposal to enhance

2



5/16

her relat ionship with plaint iff 's models and to develop a

close working relat ionship with such models.

9. On April 30, 2008, plaint iff and defendant

Wang entered into the agreement which is attached hereto as

Exhibit A ( the "Wang Agreement") in connection with the

voluntary resignation by Wang of her posi t ion with

plaint iff . Plaint iff agreed to pay to defendant Wang two

months severance pay, and to continue to pay the premiums

fo r health insurance coverage for two months. In

considerat ion f o r such payments, defendant Wang agreed that

f o r a period of one year, Wang shall not direct ly or

indirect ly solici t or represent , or otherwise be act ively

involved with any change of management o f , any model

managed by the Company at the t ime of her termination or at

a n y t ime during the six (6) month period preceding such

date.

10 . On May 1, 2008 defendant Wang resigned her

posit ion with plaint iff .

11 . On or about June 2008, defendant Wang

commenced employment with defendant DNA.

12 . As an employee of DNA, Wang breached the

Wang Agreement by direct ly or indirect ly, sol ici t ing,

representing, and otherwise being act ively involved with

the change of management of at least one model managed by

3



6/16

plaint iff at the t ime of her termination. An important

model represented by plaint iff , Deni.sa Dvorakova, has

notif ied plaint iff that she intends to terminate

representat ion by plaint iff and commence representat ion by

defendant DNA.

13. Plaint iff has a legit imate interest in the

protect ion against defendants ' competi t ive us e of model

relat ionships which plaint iff enabled Wang to acquire

through her direct performance of substantive management

services for plaintiff 's models during the course of her

employment.

14. There are no models represented by plaint iff

who came to plaint iff s o l e l y to avail themselves of the

services of defendant Wang or as the result of her

independent recruitment efforts , which plaint iff nei ther

subsidized nor otherwise f inancial ly supported.

15 . Defendant Wang disclosed to DNA plaintiff 's

confidential and proprietary information and trade secrets

of plaint iff .

16, The contact information of the models

represented by plaint iff and the identi ty a n d contact

information of the important f igures in their l ives and

careers, including family, at torney, accountant , business

manager or other advisors, are among plaint iff 's most

4



7/16

crucial t rade secrets . This information is never available

to the public. Important designers, photographer,

advert is ing agency or other persons in the fashion industry

wishing to contact a model , can contact the model only

through her agency.

17 . Information regarding models contracts with

plaint iff is not publicly available, including the

existence of a contract , the date the contract expires, the

commiss ion ra te the model pays to p la in t i ff an d the

terr i tory i n which plaint iff is enti t led to represent the

Model. The information would prove invaluable to a n y

compet i tor seeking an o p p o r t u n e t ime window in which to

solici t a model whose contract is expiring and to offer a

commiss ion rate lower than the rate paid to plaint iff .

Information regarding differing commission rates could also

be used t o breed discontent among plaint i ff s models.

18. Information regarding models relat ionships

with other agencies around the world is not publicly

available, part icularly any model agency or scouting agency

(called a Mother Agency ) that may have referred a model

to plaint iff , the r ight of the Mother Agency to terminate

the representat ion of the model by plaint iff , and the

compensation paid t o the Mother Agency by pl aint iff .

5



8/16

6

19. While models ma ga z e covers and

prest igious editorial photographs are used in h e r portfol io

and posted on websites to promote her career, photographs

of models work in advert isements or catalogues are rarely

used to promote a model . Information regarding the vast

majori ty of a models work, including information regarding

her earnings, contractual commitments to clients as well as

the myriad of potential cl ients who have me t the model

though cast ings, go-sees and other appointments, a n d to

whom her materials have been presented, is not available to

the public. All of such information is invaluable to an

agency seeking to solici t a model represented by plaint iff

by al lowing the competi tor to assure the model that her

representat ion wil l continue with the benefi t of the

information amassed by plaint iff .

20. Plaint iff s scouting practices and

relat ionships are not public information, including the

persons and companies around the world who refer new models

to plaint iff .

21. Defendant Wang uti l ized plaint iff s

confidential information and trade secrets to solicit

models to change management from plaint iff to defendant

DNA.



9/16

22. Plaint iff s t rade secrets give plaint iff an

opportunity to obtain an advantage over competi tors .

23. Plaint iff maintains str ict secrecy with

respect to i ts t rade secrets and confidential and

proprietary information, which are known only to employees

of plaint iff , and are not disclosed to the public.

24. Pla in t i ff s t rade secre ts a re no t known

outside of the business of plaint iff . Plaint iff s t r a d e

secrets are not available from any public source and are

not public knowledge.

25 . Plaint iff requires employees such as

defendant Wang to enter into agreements with

nonsolici tat ion provisions to protect plaint iff against

disclosure of i ts t rade secrets or use of i ts t rade secrets

by competi tors .

26. Plaint iff has expended considerable t ime and

money to develop it s t rade secrets and such trade secrets

cannot be acquired or duplicated by others without hiring

an employee of plaint iff who would misappropriate

pla in t i ff s t rade secre ts.

27. As a result of defendant Wangs posi t ion

with plaint iff , and the resources and confidential

information and trade secre ts made available to defendant

Wang by plaint iff for the performance of her duties, the

7



10/16

damages tha t wi l l be sustain ed by plaint iff a s a result of

the breach of the Wang Agreement could be irreparable and

go far beyond mere f inancia l damages , s ince the loss of

models which have been scouted , developed and pos i t ioned by

plaint i ff using plaint iff 's resourc es and unique know-how

would adver sely affect plaint iff 's reputat ion, prest ige and

s tanding in the indus t ry.

FIRST CAUSE OF ACTION(Breach of C o n t r a c t )

Against D e f e n d a n t Wang

28. Pla in t i ff repea ts and rea l leges each and

every al lega t ion conta ined in paragraphs 1 through 27 as i f

fu l ly se t for th h e r e i n .

29. Defendant breached t h e Wang Agreement.

30 . Pla in t i ff de l ivered to defendant Wang not ice

of breach of the Wang Agreement and demanded t h a t such

breach cease. Plaint iff is enti t led to an injunction

re s t r a in ing a d en jo in ing de fendan t Wang un t i l May 1,

2009, f rom, e i ther d i rec t ly or indirect ly, whether as a

principal , employee, s tockholder, partner, member,

director, off icer, manager, consultant , agent ,

representat ive, or otherwise , from solici t ing or

representing, or otherwise being act ively involved with any

change of management of , any model managed by plaint iff on

8



11/16

May 1, 2008 or at any t ime during the s i x month period

preceding such date.

31. Plaint if f has suffered damages as the

result of the breach of contract by defendant in an amount

to be proven at t r ial .

SECOND CAUSE OF ACTION(Tortious Interference w i t h Contract)

Against D e f e n d a n t DNA

32. Plaint iff repeats and real leges each and

every al legation contained in paragraphs 1 through 31

hereof as if ful ly set forth herein.

33. The Wang Agreement is a val id contract

between t he plaint iff and defendant Wang.

34. Defendant DNA had knowledge of the Wang

Agreement

35. Defendant DNA intentional procured the

breach of the Wang Agreement by defendant Wang without any

just if icat ion.

36. Defendant Wang breached th e Wang Agreement.

37. Plaint iff suffered damages as the result of

the breach of the Wang Agreement by defendant Wang and as

the resul t of the inter ference with the Wang Agreement by

defendant DNA in an amount to be p r o v e n at t r ia l .



12/16

THIRD CAUSE OF ACTION(Misappropriat ion of Trade Secrets)

Against B o t h Defendants

38 , P lain t i ff repea ts and rea l leges each and

every a l lega t ion conta ined in paragraphs 1 through 37

hereof as i f fu l ly se t for th here in .

39. Defendants have misappropr ia ted p la in t i ff s

t rade secre ts .

40 . Plaint iff is enti t led to a permanent

in junc t ion r e s t r a in ing and en jo in ing de fendan t s f rom,

either direct ly or indirect ly, whether as a principal ,

employee, s tockholder, partner, member, director, off icer,

manager, consul tan t , agent , representa t ive , or o therwise ,

disclosing or using any information of a confidential

nature which is not public informat ion re la t ing to

pla in t iff or any of i t s a ff i l ia tes , employees , or models .

41 . Pla in t i ff has incurred damages in an amount

to be proven at tr ial .

FOUIRTH CAUSE OF ACTION(Unfair Competi t ion)

Against Both Defendants

42. Pla in t i ff repea ts and rea l leges each and

every a l lega t ion conta ined in paragraphs 1 through 41

hereof as if ful ly set forth herein.

10



13/16

43. Defendants misappropriated and exploited

confidential information belonging to plaint iff in abuse of

defen dant Wang's rela tions hip of t rust .

44. The unfair competi t ion by defendants h a s

resulted in damages to plaint iff in an amount to be proven

at t r ial .

WHEREFORE, Plaint iff respectful ly requests t h a t

judgment be granted a s fol lows:

A. On the f irst cause of action, granting an

in junc tion r e s t r a in ing and en jo in ing de fendan t Wang un t i l

May 1, 2009, f rom, either direct ly or indirect ly, whether

as a principal , employee, s tockholder, partner, member,

director, off icer , manager, con sultant , agent ,

representat ive, or otherwise, sol ici t ing or representing,

or otherwise being act ively involved with any change of

management of, any model managed by plaint iff on May 1,

2008 or at any t ime during the six month period preceding

such date, and awarding damages against defendant Wang in

an amount to be proven at t r ial .

B. On the second cause of act ion , awarding

damages against defendant DN A in an amount to be proven at

tr ial .

11



14/16

C. On the third cause of action granting a

permanent injunction restraining and en jo in ing de fendan t s

f rom, either direct ly or indirect ly, whether as a

principal , e m p l o y e e , stockholder, partner, member,

director, off icer, manager, consultant , agent ,

representat ive, or otherwise, disclosing or using any

information of a confidential nature which is not public

information relat ing to plaintiff or any of i ts aff i l iates,

employees, or models; and awarding damages again st

defendants in an amount to be proven at t r ial .

D. Awarding damages on the fourth cause of

action against defendants in an amount to b e p r o v e n a t

t r ial .

E. Awarding such other and further rel ief as

this Court deems just and proper, including cos ts and

disbursements, and interest on the foregoing.

Dated: J u l y 24, 2008New Y o r k , New York

,MCCUE SUSSMANE & Z A P F E L , P . C .

\ \

Keyneth SussmaneA t t o r n e y s for Plaint iff52 1 Fifth Avenue, 2 8 t h FloorNew York, New York 10175( 2 1 2 ) 9 3 1 - 5 5 0 0

12



15/16


16/16

1

-1 -:-- -

1

SUPREME COURT O F T H E C I T Y O F NEW YORKCOUNTY O F NEW YORK- - - _ _ _ _ _ _ _ _ - - -

1 MODEL MANAGEMENT, LLC,

Plaintiff,

vs

VIVIAN WANG and DNA MODEL

MANAGEMENT LLC,

Defendants._ _ _ _ _ _ _ _ _ _ _ - - -

: Index N o .

M c C u e Sussmane & Z a p f e l , P . C .Attorneys f o r Plaintiff

5 2 1 Fifth Ave., 28th FloorNew York, N ew Y o r k 1 0 0 1 8

(212) 931-5500


model lawsuit

Documents