Corbin Bernsen v. Innovative Legal Marketing, LLC

Filing 1

COMPLAINT against Innovative Legal Marketing, LLC ( Filing fee $ 350 receipt number 24683013190.6), filed by Crobin Bernsen. (Attachments: # 1 Exhibit 1, # 2 Receipt, # 3 Civil Cover Sheet)(ecav, )

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
(NORFOLK DIVISION)

LERK USDIS1HICIOUURT
nnFOl K VA

CORBIN BERNSEN,
Plaintiff

Case No.

"■

INNOVATIVE LEGAL MARKETING, LLC

4854 Haygood Rd., Suite 101
Virginia Beach, VA 23455,

)

)

Defendant.

COMPLAINT

Plaintiff Corbin Bernsen, for his Complaint against Innovative Legal Marketing, LLC
("Innovative") alleges as follows:
THE PARTIES

1.

Plaintiff Corbin Bernsen is a citizen of the State of California and resides in Los

Angeles County, California.

2.

Defendant Innovative Legal Marketing, LLC ("Innovative") is a Virginia limited

liability company with its principal place of business at 4854 Haygood Rd., Suite 101, Virginia
Beach, Virginia.
UTmsmrTlON AND VENUE

3

This Court has original jurisdiction over this case or controversy pursuant to 28

U.S.C. § 1332 because this action is between citizens of different States and the amount in
controversy exceeds $75,000, exclusive of interest and costs.

4

This Court has persona, jurisdiction over .nnovative pursuant to V, Cot* AN*. 5

and has an interest in, uses, or possesses re*, property in this Commonwea.th.
5
Venue is proper in this judicia. district under 28 U.S.C. . 1391 because Innovative

resides in this judicial district and a substantial part of the even, or omissions giving rise to the
claim occurred in this judicial district.
r.FNFRAL ai I gr.ATIONS

6.

Corbin Bernsen is an actor, producer, and director who is well known for his

portrayal of "Arnie Becker" on the popular television series "L.A. Law."
7.

Innovative is engaged in the business of providing marketing services for lawyers

and law frms, including advertising campaigns with television commercials, radio

advertisements, interne, ads, billboards, newspaper advertisements, direct mail, and other print
media and marketing materials.

8.

On October 8,2009, Bernsen and Innovative entered into a Spokesperson

Agreement rAgreement"), pursuant to which Bernsen granted Innovative rights to use his

likeness, image, and/or voice as the spokesperson for a media campaign and promotion for

.nnovative and its clients as se. forth in the Agreement. A copy of the Agreement is attached
hereto as Exhibit 1.

9.

The Agreement required Bernsen to, among other things, record promotional

announcements, make promotional appearances, and be available for stil, photography sessions.
Bemsen was obligated to make himself available for a. leas. 30 full production days each year
for filming, photographing, and voicing the various media components of the campaign.

,0.

to exchange for BetWs services, Innovative agreed to pay Bernsen $.,000,000

over a 5-year period. The payments were divided into an initial $50,000 payment a, the

beginning of each year, followed by eleven equal monthly payments of $.3,636.36, for a to,, of
$200,000 per year.

11.

Bemsen fully performed all his obligations under the Agreement.

,2.

From approximately November, 2009 through June 16, 2011, Innovative made

the required payments to Bemsen under the Agreement. In total, Innovative made $331,818.12
in payments to Bernsen.

13.

In or about early June, 2011, Brien Johnson, the Managing Director of Innovative,

orally notified Bemsen that Innovative was terminating the Agreement.

14.

At the time he orally terminated the Agreement, Johnson told Bernsen that the

sole reason Innovative was terminating the Agreement and cancelling the campaign was because
i, was not successful, except in the state of New York, where Innovative would continue » run

television commercials. Innovative has ceased making the payments due Bemsen under the
Agreement.

15.

Innovative has continued to air television commercials featuring Bernsen as

recently as September 12, 2011, Innovative' website continues to feature photographs and voice
recorded messages of Bernsen, and video clips of the commercials continue to be available to the
public on the Internet as recently as September 20,2011.

16.

As a result of Innovative's breach of the Agreement, Bernsen has incurred

substantial damages in an amount no less than $668,181.88.

17.

All conditions precedent to the maintenance of this action have been performed,

satisfied, or otherwise discharged.

COUNT I:

OF CONTRACT

18.

This is an action by Bernsen against Innovative for breach of the Agreement as

alleged above.
19.

Bernsen

incorporates and realleges the allegations in paragraphs 1-17 as if fully

set forth herein.

20.

The Agreement between Bernsen and Innovative is a valid and enforceable

contract.

21.

Bernsen fully performed his obligations under the Agreement.

22.

Innovative materially breached the Agreement by wrongfully terminating the

Agreement and refusing to make any further payments to Bemsen.

23.

As a direct result of Innovative's breach of the Agreement, Bemsen has incurred

substantial damages in an amount no less than $668,181.88.

Wherefore, Plaintiff CORBIN BERNSEN demands judgment against Defendant
INNOVATIVE LEGAL MARKETING, LLC for:

A.

Compensatory damages in an amount to be proven at trial, but for an amount not

less than $668,181.88;

B.

Incidental and consequential damages in an amount to be determined at trial;

C.

Pre-judgment interest and post-judgment interest at the statutory rate;

D.

Attorneys' fees and costs; and

E.

Such further relief as the Court deems just and proper.

COUNT II:

24.

This is an action by Bemsen against Innovative for unjust enrichment as alleged

25.

Bernsen incorporates and realleges the allegations in paragraphs 1-17 as if fully

above.

set forth herein.

26.

Bernsen conferred a benefit on Innovative by providing the services alleged

27.

After Innovative terminated the Agreement, it continued to use Bernsen's

above.

HKeness, image, and/or voice as the spokesperson for its media campaign and promotion without
compensation to Bernsen.

28.

Innovative's continued receipt of the benefits from Bernsen's services without

compensation therefore constitutes unjust enrichment.

Wherefore, Plaintiff CORBIN BERNSEN demands judgment against Defendant
INNOVATIVE LEGAL MARKETING, LLC for:

A.

Compensatory damages in an amount to be proven at trial, but for an amount not

less than $668,181.88;

B.

Incidental and consequential damages in an amount to be determined at trial;

C.

Pre-judgment interest and post-judgment interest at the statutory rate; and

D.

Such further relief as the Court deems just and proper.
itor JURY TRIAL

Pursuant to Federal Rule of Civil Procedure 38(b), Bemsen demands a trial by jury of all
issues triable of right by a jury.

Dated: October 7,2011

Respectfully submitted,

y^vougJ Bifdridge, VSB No. 5^,
[e-mail]

.

Lauren E Ingebritson (not admitted in Virginia)
[e-mail]

VENABLE LLP

575 Seventh Street, N.W.

Washington, D.C. 20004
202-344-4000 (telephone)
202-344-8300 (facsimile)
Counsel for Plaintiff Corbin Bermen