Warner strikes back at the Siegel's & Shuster's lawyer.

Posted by drgnx (3564 posts) - - Show Bio

If looks like Warner has won a victory against the lawyer of the families in the Superman case. DC acquired documents that were "allegedly" stolen from Marc Toberoff's office. Toberoff turned over copies of the documents to police to help with this investigation. It appears that through a legal technicality, this actually allowed Warner to use the documents in their lawsuit against Toberoff in their upcoming battle, where they accuse Marc of ruining DC's relationship with the families. Warner believes the evidence will be damaging. Warner is currently appealing the the lawsuit to get back the Superman rights they lost and have a decent chance of winning back most of it without going after Marc, but this personal lawsuit could further their chances of undoing much of the families efforts. If Warner pulls this off, it could have a devastating impact on any other copyright owners who don't take "the deal" in future when they find themselves in similar circumstances, but it could also be a warning for opportunists to keep their noses out of others' business (and profits).

Some time before June 2006 one of Toberoff's employees stole copies of documents relating to the case from his office and tried to draw the Siegel and Shuster heirs away from Toberoff. The documents included a letter from Jerry Siegel's son Michael Siegel to his sister Laura Siegel Larson in which he claimed that Toberoff meant to seize control of Superman for himself. The heirs rejected the employee's approach, so he sent the documents to DC along with a covering letter outlining the allegations against Toberoff.

In 2010 Warner Bros filed suit against Toberoff claiming that he had persuaded the Siegel and Shuster heirs to abandon an existing ownership agreement in pursuit of his own interests, citing the covering letter as the basis for its claim. Warner Bros did not cite the stolen documents, which Toberoff claimed were protected by attorney-client privilege.

Soon thereafter, Toberoff provided unredacted copies of the stolen documents to the US Attorney's Office investigating the theft from his office, in response to a subpoena that he had solicited. Lawyers representing Warner Bros contended that the disclosure of these documents was voluntary and amounted to a waiver of attorney-client privilege. They argued that they could now cite the documents in their suit against Toberoff. A court agreed. Toberoff appealed. The Ninth Circuit unanimously upheld the lower court's ruling.

#1 Posted by ssejllenrad (12847 posts) - - Show Bio

I usually hate big companies but I hope Warner crushes Toberoff.

#2 Posted by Primmaster64 (21138 posts) - - Show Bio

I read this. Let's see what happens.

#3 Posted by azza04 (1503 posts) - - Show Bio

WAR DC!

#4 Posted by FadeToBlackBolt (23334 posts) - - Show Bio
@ssejllenrad said:

I usually hate big companies but I hope Warner crushes Toberoff.

Yep, this. 
#5 Posted by sethysquare (3843 posts) - - Show Bio


Well. I hope Time Warner wins this whole lawsuit. I got really pissed when I read the letters the lawyer sent to the families.
  

#6 Posted by BlackArmor (6141 posts) - - Show Bio

@ssejllenrad said:

I usually hate big companies but I hope Warner crushes Toberoff.

like the insect he is

#7 Posted by CBF_Webs (11 posts) - - Show Bio

badass!

#8 Posted by Billy Batson (58070 posts) - - Show Bio

MORTAL KOMBAT.
BB

#9 Posted by Jonny_Anonymous (33629 posts) - - Show Bio
@Billy Batson said:

MORTAL KOMBAT.
BB

test your might  
Online
#10 Posted by Gambit1024 (9890 posts) - - Show Bio

Give 'em hell WB.

#11 Posted by CrimsonCake (2677 posts) - - Show Bio

I guess Toberoff is WB's kryptonite.

#12 Posted by The_Tree (7525 posts) - - Show Bio

@ssejllenrad said:

I usually hate big companies but I hope Warner crushes Toberoff.

^This x1,000,000.

#13 Posted by sethysquare (3843 posts) - - Show Bio

@drgnx said:

If looks like Warner has won a victory against the lawyer of the families in the Superman case. DC acquired documents that were "allegedly" stolen from Marc Toberoff's office. Toberoff turned over copies of the documents to police to help with this investigation. It appears that through a legal technicality, this actually allowed Warner to use the documents in their lawsuit against Toberoff in their upcoming battle, where they accuse Marc of ruining DC's relationship with the families. Warner believes the evidence will be damaging. Warner is currently appealing the the lawsuit to get back the Superman rights they lost and have a decent chance of winning back most of it without going after Marc, but this personal lawsuit could further their chances of undoing much of the families efforts. If Warner pulls this off, it could have a devastating impact on any other copyright owners who don't take "the deal" in future when they find themselves in similar circumstances, but it could also be a warning for opportunists to keep their noses out of others' business (and profits).

Some time before June 2006 one of Toberoff's employees stole copies of documents relating to the case from his office and tried to draw the Siegel and Shuster heirs away from Toberoff. The documents included a letter from Jerry Siegel's son Michael Siegel to his sister Laura Siegel Larson in which he claimed that Toberoff meant to seize control of Superman for himself. The heirs rejected the employee's approach, so he sent the documents to DC along with a covering letter outlining the allegations against Toberoff.

In 2010 Warner Bros filed suit against Toberoff claiming that he had persuaded the Siegel and Shuster heirs to abandon an existing ownership agreement in pursuit of his own interests, citing the covering letter as the basis for its claim. Warner Bros did not cite the stolen documents, which Toberoff claimed were protected by attorney-client privilege.

Soon thereafter, Toberoff provided unredacted copies of the stolen documents to the US Attorney's Office investigating the theft from his office, in response to a subpoena that he had solicited. Lawyers representing Warner Bros contended that the disclosure of these documents was voluntary and amounted to a waiver of attorney-client privilege. They argued that they could now cite the documents in their suit against Toberoff. A court agreed. Toberoff appealed. The Ninth Circuit unanimously upheld the lower court's ruling.

Now that WB retained the rights to Superman does this mean..........

WE FINALLY WILL BE GETTING ANOTHER SUPERMAN ANIMATED SERIES?

#14 Edited by drgnx (3564 posts) - - Show Bio

@sethysquare: They have not gotten the rights back that they lost. Basically, DC and the families are fighting 2 separate lawsuits. This case only allows them to use stolen evidence against the lawyer/business partner representing the families to show hat he interrupted the negotiations between the families and Warner. This is a separate case, from the main copyright dispute, the goal of this case is to remove the lawyer from the other case and block him from gaining any Superman interests. They also hope to leverage this case to negate previous rulings against them and invalidate the termination notices.

The main case is in appeal.

#15 Posted by sethysquare (3843 posts) - - Show Bio
Ohhh.... I hope wb would quickly win this case and give us the superman animated series we've been waiting for.

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