Pryor Cashman Represents “The Founder” Distributors in $15M Suit Against Weinstein Co.
On February 6, 2017, Pryor Cashman client Speedee Distribution, LLC, a subsidiary of FilmNation Entertainment, brought a $15 million breach of contract suit against The Weinstein Co., claiming its January 27th release of the film Gold, starring Matthew McConaughey, violated the parties’ 2015 agreement to co-finance and distribute the Michael Keaton-led biopic, The Founder.
In the complaint, filed in New York Supreme Court, Speedee alleged that under the 2015 agreement, Weinstein Co. was prohibited from releasing any other films one week before or after The Founder’s initial release.
On January 20, 2017, The Founder premiered in U.S. theaters. Exactly one week later, Weinstein Co. released Gold, in breach of the parties’ agreement, and in spite of Speedee’s contacting Weinstein Co. – having learned of its plans to release Gold seven days after The Founder – to inform its co-financer that doing so would violate their contract.
In response to Weinstein Co.’s failure to observe the contractually proscribed blackout period, Speedee initiated suit to recover costs associated with post-production prints and advertising for The Founder.
Similarities Between the Films + Coverage in the Media
Both films portray the real-life stories of two charismatic American businessmen (McDonald’s mogul Ray Kroc in The Founder, and gold prospector David Walsh in Gold), are led by award-winning A-list actors, and, per the complaint: “appeal to the same audience. [Moreover], at all relevant times, the two films have been marketed to potential moviegoers in the same way on TV, print and online, conveying an effective binary choice to the viewer: to see one movie or the other.”
News of the suit was covered by an array of media outlets, including The LA Times, Variety, The Hollywood Reporter, New York Post, and Law360, among others.
The Pryor Cashman Team
Representing Speedee Distribution in this action are Pryor Cashman Media + Entertainment Chair James A. Janowitz and Associate Vinodh Jayaraman.
More About Pryor Cashman’s Entertainment Litigation Practice
With one of the most comprehensive and vertically-integrated media and entertainment practices in the country, Pryor Cashman is at the forefront of litigation shaping the entertainment industry – and has been for more than 50 years.
Our litigators service clients from all areas of entertainment, including motion pictures, television, music, digital media, sports, broadcasting, theater, and publishing. From intellectual property and contract matters to complex commercial actions, our practice expertly handles virtually every type of entertainment dispute.
Visit our Entertainment Litigation practice page to learn more about our experience in this area.
