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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 1 COMPLAINT 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 IN AND FOR THE COUNTY OF LOS ANGELES UNLIMITED JURISDICTION ORENTHAL JAMES SIMPSON, Plaintiff, v. LAWRENCE SCHILLER, ROBERT KARDASHIAN, PROJECT 95 PRODUCTIONS, 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. Fraud 7. 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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    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 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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    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 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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    4COMPLAINT

    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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    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 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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    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 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 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 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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    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 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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    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, 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 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 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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    10COMPLAINT

    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

    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 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. 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

    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

    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 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

    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 Simpsons 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 Simpsons lawyer for review and deletion of confidential and

    privileged information. This contract was made for Simpsons 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 Simpsons 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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    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

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    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 Simpsons 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 Simpsons defense team for use in the book,

    and Kardashian agreed that he would provide any manuscript to Simpson prior to publication for

    Simpsons 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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    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

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    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 Simpsons 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 Simpsons legal defense, except with Simpsons

    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 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

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    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

    in Paragraphs 1-112 above.

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

    as one of Simpsons attorneys in connection with the criminal prosecution and trial of Simpson.

    Kardashian accepted this employment and agreed to perform duties for Simpson as Simpsons

    attorney.

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

    Simpson, and by virtue of Simpsons 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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    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

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    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

    in Paragraphs 1-124 above.

    126. Schiller made the following representations to Simpson or to Simpsons 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

    Simpsons defense team for Kardashians book, that everything the members of the defense

    team would say to Schiller would be protected and not disclosed due to Kardashians

    responsibilities as Simpsons lawyer, that Schiller would not use any privileged or confidential

    information provided by these lawyers in the book without Simpsons express approval, and

    that prior to dissemination Schiller would provide any manuscript containing information from

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    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 co-

    authoring 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

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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 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.

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    26COMPLAINT

    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 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 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

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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 Simpsons

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    28COMPLAINT

    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 Simpsons criminal defense team,

    including the Miniseries;

    c. Be restrained and enjoined from disseminating in any manner any information

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    29COMPLAINT

    actually or purportedly obtained from any members of Simpsons criminal defense team

    concerning Simpsons 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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    30COMPLAINT

    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