October 2009
KBT&F Wins Dismissal of Two Lawsuits for Leading Modeling Agency
Brian S. Kaplan,
Joshua D. Fulop
KBT&F recently obtained the summary dismissal of two disputes brought against its client, Women Model Management (“Women”), a leading fashion modeling agency. On October 2, 2009, New York State Supreme Court Justice Marylin G. Diamond awarded summary judgment to KBT&F’s client in a lawsuit filed by one of Women’s competitor agencies (1 Model Management, LLC v. Kavoussi). The action had alleged that a model manager employed by Women unlawfully solicited models, misappropriated alleged confidential information and trade secrets and engaged in unfair competition. Dismissing the action in its entirety, Justice Diamond also denied the competitor agency’s cross-motion for partial summary judgment and motion for leave to amend to add Women as a defendant and expand the litigation to include the alleged solicitation of two additional fashion models. This victory follows KBT&F’s dismissal of a separate lawsuit brought by an alleged former shareholder of Women (Shahrik v. Men Women Model Management, Inc. et al.). On June 17, 2009, New York State Supreme Court Justice Barbara R. Kapnick granted Women’s motion to dismiss the complaint, holding that the plaintiff failed to state causes of action for fraud, breach of fiduciary duty or trademark infringement as a matter of law. KBT&F New York partner Brian Kaplan and associates Leah Davis and Joshua Fulop represented Women in these matters.