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Terry Gross (103878) Adam C. Belsky (147800) GROSS & BELSKY LLP One Maritime Plaza, Suite 1040 San Francisco, California 94111 Telephone: (415) 544-0200 Attorneys for Plaintiff ORENTHAL JAMES SIMPSON

SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF LOS ANGELES 10 UNLIMITED JURISDICTION 11 ORENTHAL JAMES SIMPSON, 12 Plaintiff, 13 14 15 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1. 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 This action is about the avaricious disregard of the attorney-client relationship, and LAWRENCE SCHILLER, ROBERT KARDASHIAN, PROJECT 95 PRODUCTIONS, INC., and DOES 1-40, v. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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. Fraud 7. Unfair Competition (Violation of Cal. Bus. & Prof. Code 17200) REQUEST FOR JURY TRIAL

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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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 of the book to Simpson for review, included in the book information purported to be privileged and confidential client information, and removed Kardashians 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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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 Simpsons 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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those acts. FACTUAL BACKGROUND 9. Kardashian represented Simpson as part of Simpsons criminal defense team (defense

team) during Simpsons criminal trial in 1994 to October 1995. 10. Schiller, a friend of Kardashians, called Kardashian immediately upon learning of the

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

the explicit but undisclosed intent to exploit the relationship. Schiller took actions to ingratiate himself into Simpsons confidence, primarily for the undisclosed purpose of gaining access to information which he intended to exploit for his own gain. During Simpsons criminal trial, Schiller assisted Simpsons 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 Simpsons first person account, with Schiller to do the writing. As part of Schillers 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 Simpsons acquittal, Schiller assisted Simpson in producing a video about the case, and helped Simpson raise funds. 12. During Simpsons criminal trial, Schiller proposed to Kardashian that he represent that

they were co-authoring a book about the trial, from Kardashians 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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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 Simpsons acquittal on October 3, 1995, Kardashian spoke to Simpson again

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 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 Kardashians book, so long as Kardashian adhered to his obligations as Simpsons lawyer not to disclose client confidences and information without Simpsons 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

Kardashians book in large part because Schiller had insinuated himself into a position of trust and confidence with Simpson. 18. Shortly after Kardashians 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 Kardashians perspective as Simpsons 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 Kardashians 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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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 Kardashians November 17, 1995

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 information. 22. On or about November 28, 1995, partly in response to Kardashians November 17,

1995 letter, Simpson sent a letter to Kardashian and other members of Simpsons defense team, which further stated: 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. 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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24.

Kardashian negotiated with Simpsons 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 Kardashians book, that everything the other attorneys would say to him would be protected and not disclosed due to Kardashians responsibilities as Simpsons 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 Kardashians 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 Simpsons 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 Kardashians view with Schiller doing the majority of the writing. At times Schiller stated to the members of the defense team
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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 Simpsons 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

Simpsons defense team would not have agreed to be interviewed by Schiller. 32. Because of Schillers representations to members of Simpsons defense team that

Schiller was co-authoring a book with Kardashian, a lawyer who was a member of Simpsons 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 Simpsons 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 Simpsons attorneys learned that Kardashians 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 Simpsons lawyers for them to
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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, Simpsons attorneys were informed that Random House

would not permit Schiller to submit the manuscript to Simpson for review. 39. On September 20, 1996, Simpsons attorneys sent a letter to Random House,

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 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 coauthor 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 Simpsons 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 Simpsons 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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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 attorneys, such mysteries. . . (italics added). 45. Schiller concedes in the Book that Kardashian was the source of a large portion of the In the

purported privileged and confidential client information contained in the Book.

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 Bobs 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 ABCs

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 Simpsons 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 Simpsons defense team. 49. 50. Simpson diligently acted to retain counsel to represent him in this matter. Upon information and belief, the screenplay for the Miniseries contains a substantial
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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 was not published in the Book. 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. On July 5, 2000, Simpsons counsel sent a letter to Schiller, in accordance with

Schillers 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, Schillers counsel sent a letter to Simpsons 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

21 in Paragraphs 1-54 above. 22 56. 23 which Simpson agreed that he would inform members of his defense team that he did not object to 24 them being interviewed by Schiller. Schiller agreed that the interviews were for a book he was 25 writing with Kardashian, that prior to dissemination of any manuscript concerning these interviews 26 he and Kardashian would submit the manuscript to Simpson for his review, and that any privileged 27 or confidential information contained in the manuscript would be deleted unless Simpson gave explicit 28
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In late 1995 and early 1996, Schiller and Simpson entered into an oral agreement in

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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 Schillers 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 Schillers 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 Schillers 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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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 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

16 in Paragraphs 1-65 above. 17 67. 18 an oral agreement with Alan Dershowitz, Esq. (Dershowitz), a member of Simpsons defense team. 19 68. 20 concerning the Simpson trial, and Schiller agreed that he would submit any manuscript concerning 21 the Simpson trial to Simpson or Simpsons lawyer for review and deletion of confidential and 22 privileged information. This contract was made for Simpsons benefit to ensure that information 23 purported to be privileged and confidential client information concerning Simpson was not disclosed. 24 69. 25 F. Lee Bailey, Esq. (Bailey), a member of Simpsons defense team. 26 70. 27 concerning the Simpson trial, and Schiller agreed that he would not submit any manuscript to any 28
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In early 1996, at a specific date presently unknown to Simpson, Schiller entered into

By terms of the agreement, Dershowitz agreed that he would let Schiller interview him

In November 1995 and December 1995, Schiller entered into an oral agreement with

By terms of the agreement, Bailey agreed that he would let Schiller interview him

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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 of Simpsons 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 Simpsons review, and removal of any objectionable portions at Simpsons complete discretion. 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. 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 Simpsons 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 Simpsons 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 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. 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 Simpsons 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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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 Simpson gave express authorization to allow its publication. 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. 79. In or about December 1995, Schiller entered into an oral agreement with Robert

Craig, Esq. (Craig), a member of Simpsons 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 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. 81. Several months after the verdict in Simpsons trial, at a date presently unknown to

Simpson, Schiller entered into an oral agreement with William Thompson, Esq. (Thompson), a member of Simpsons 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 Simpsons 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 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 Simpsons defense team, by inducing other members of the defense team to provide information to Schiller, and by taking no actions to prevent Schillers 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 Schillers agreements with these members of Simpsons 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 Schillers agreements with the members of Simpsons 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
16
COMPLAINT

1 2 3 4 5 6 7 8 9

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

10 in Paragraphs 1-89 above. 11 91. 12 practice of law and was practicing law in the State of California. 13 92. 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. 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. 28
17
COMPLAINT

At all times relevant to this Complaint, Kardashian was licensed to engage in the

In or about June 1994, Kardashian and Simpson entered into an oral agreement

In October and November 1995, Kardashian and Simpson entered into an oral

Simpson has performed all conditions, covenants, and promises required on his part

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

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 Kardashians 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 Kardashians 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 Kardashians 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
18
COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12

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

13 in Paragraphs 1-101 above. 14 103. 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

Schiller had a fiduciary relationship with Simpson based on trust and confidence, that

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

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 Schillers 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 Schillers 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 Schillers 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 Schillers 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
20
COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

based on information obtained in breach of Schillers 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 Schillers

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

18 in Paragraphs 1-112 above. 19 114. 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

As set forth above, Simpson retained and employed Kardashian to represent Simpson

By virtue of the attorney-client relationship that existed between Kardashian and

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

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 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 confidential client information acquired during Kardashians representation of Simpson. 117. As a result of Kardashians 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 Kardashians 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 Kardashians 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
22
COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

based on information obtained in breach of Kardashians 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

Kardashians 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

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

Schiller made the following representations to Simpson or to Simpsons agents or

In October and November 1995, Schiller represented to Simpson that he was

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

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 Simpsons 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 Simpsons 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 Simpsons review, and removal of any objectionable portions at Simpsons 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 Simpsons 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 coauthoring a book with Kardashian about the Simpson trial and that any manuscript would be submitted to Simpsons representative for review and deletion of privileged and confidential material. g. Some time after the Simpson trial, at a specific date presently unknown to
24
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

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 Simpsons 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 Simpsons 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 Kardashians 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 Kardashians book about the Simpson trial.
25
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

d.

After the conclusion of Simpsons 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 Kardashians 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 Simpsons agents to act in reliance on these representations in the manner alleged below, or with the expectation that Simpson and Simpsons agents would so act. 130. Simpson and Simpsons 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 Schillers and Kardashians 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 Simpsons defense team were induced and did speak to Schiller and provided information concerning privileged and confidential client matters. Had Simpson and the members of Simpsons defense team known the actual facts, they would not have taken such actions. The reliance of Simpson and of members of Simpsons defense team on Schillers and Kardashians representations was justified because Schiller and Kardashian occupied a position of trust with regard to Simpson, and because Schiller and Kardashian represented Schiller was coauthoring the book for Kardashian, who also occupied a position of trust with regard to Simpson and was subject to his fiduciary duties as Simpsons lawyer. 131. As a result of Schillers and Kardashians 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
26
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

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 Simpsons
27
COMPLAINT

1 2 3 4

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

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. 9 business acts or practices, Simpson will suffer irreparable injury. 10 142. 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. 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

Defendants conduct as alleged herein constitutes unlawful, unfair, or fraudulent

Unless defendants are restrained from continuing these unlawful, unfair, and fraudulent

As a direct and proximate result of the foregoing conduct, defendants have been

For a preliminary injunction and permanent injunction that defendants Schiller, Project

Be restrained and enjoined from selling, transferring, licensing, assigning, or

Be restrained and enjoined from participating in any manner in a film or video

Be restrained and enjoined from disseminating in any manner any information

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

actually or purportedly obtained from any members of Simpsons criminal defense team concerning Simpsons defense; d. 2. Be ordered to destroy any film recorded concerning the Miniseries.

For disgorgement of all gains, profits, and advantages derived by defendants from their

acts of unfair competition and other violations of law; 3. 4. 5. 6. For punitive damages; For all costs and expenses; For prejudgment interest at the maximum legal rate; and 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 LLP One Maritime Plaza, Suite 1040 San Francisco, California 94111 Telephone: (415) 544-0200 By:

17 18 19 20 21 22 23 24 25 26 27 28
29

Terry Gross Attorneys for Plaintiff ORENTHAL JAMES SIMPSON

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 Dated: August 15, 2000

JURY TRIAL DEMAND Plaintiff hereby demands a trial by jury.

Respectfully submitted, Terry Gross (103878) Adam C. Belsky (147800) GROSS & BELSKY LLP One Maritime Plaza, Suite 1040 San Francisco, California 94111 Telephone: (415) 544-0200 By: Terry Gross Attorneys for Plaintiff ORENTHAL JAMES SIMPSON

30
COMPLAINT