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Terminator Salvation Producers in Apocalyptic Legal Battle

Terminator SalvationOne of the producers of Terminator: Salvation movie, Moritz Borman, is suing two other producers, Derek Anderson and Victor Kubicek and their company Halcyon Co., for fraud and breach of contract for failing to pay Borman the agreed upon fees for obtaining the rights to the Terminator franchise. Borman wants $160 million in damages.
Borman alleged he had arranged for the transfer of the "Terminator" rights to Anderson and Kubiceck but would not have done so had he known of the pair's "shady" background or that the duo had been sued previously for "swindling" other motion picture investors. "Notwithstanding the fact that defendants obtained the substantial franchise rights and assets through Borman, Anderson and Kubicek failed to honor their assurances, representations and contractual obligations to Borman," the suit said. "Defendants' egregious fraud, bad faith conduct and refusal to abide by their contracts has led to the filing of this lawsuit."

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The duo founded the Halcyon Co. in 2006 with funding from Wall Street hedge funds and private investors. The company obtained rights to the "Terminator" franchise from Carolco's Andy Vajna and Mario Kassar for an undisclosed sum as that company was closing down in May 2007. Borman's suit alleged that he had helped secure initial financing for "Terminator: Salvation" through investment fund Pacificor LLC and that his deal called for approval rights on the picture and all creative decisions along with a $5 million producing fee and "significant" back-end compensation.

Borman alleges that Anderson and Kubicek "hijacked" the production last July as principal photography was being completed and refused to pay him the $2.5 million balance of his producing fee. "Soon after, it also came to light that Anderson and Kubicek did not have the means to finance the picture, had defaulted on numerous loans and owed over $1 million to creditors on the picture," the suit added.
What a mess. Those are some pretty harsh allegations; it will be interesting to see what evidence Moritz has up his sleeve. No doubt some kind of countersuit will be following. Terminator: Salvation is being directed by McG and stars grumpy star Christian Bale. The film is set for a 2010 release, but a lawsuit could certainly slow things down if the litigation gets ugly.

Posted on March 9, 2009




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