A former partner of “Survivor” creator Mark Burnett lied to avoid paying an attorney who gave him business advice that included how to best pitch projects to television networks, an attorney alleged Wednesday.
Lawyer Jeffery McFarland, on behalf of Layne Leslie Britton, said his client did everything he was obligated to do under a 2000 contract he had with Conrad Riggs. The attorney said Riggs paid the plaintiff during the initial part of their agreement, but without justification later stopped doing so and told Britton he had been compensated enough for his work.
“That, ladies and gentlemen, is a breach of contract,” McFarland said in his final argument to a Los Angeles Superior Court jury.
Riggs also gave Britton false accounts of his working relationship with Burnett to try to convince the plaintiff he was not making much money, according to McFarland. Riggs also lied by telling the plaintiff that he wanted to be transparent in his dealings with the plaintiff, McFarland alleged.
“He wasn’t being totally transparent — far from it,” McFarland said.
Britton is seeking about $14 million in compensation from Riggs.
Riggs’ lawyer, Eric George, was scheduled to give his closing statement later Wednesday.
During his opening remarks to the jury last week, George said Britton was actually overpaid for his services. He said the $1.87 million the plaintiff received from Riggs and his company, Cloudbreak Entertainment, was far more that Britton deserved and that he sued two years later than the law allows.
“Survivor” was primarily the work of Burnett and Riggs, who were the energy behind the summer replacement series that was an instant success when it premiered in 2000, according to George.
According to McFarland, Burnett came up with the idea for “Survivor” after seeing a similar series in Sweden and deciding to buy the rights. Riggs knew Britton, an attorney who once served in business executive roles at NBC, CBS and elsewhere, according to McFarland.
Britton readily accepted Riggs’ request to help pitch the show to network executives, McFarland said.
“He loved the show, he loved the idea,” McFarland said.
Britton came up with a plan for an innovative financial structure for the show focused on a unique advertising sharing plan between the network and the producers, McFarland said. Although Britton’s employer at the time, UPN, passed on the project, Britton advised Riggs that the same revenue sharing plan should be proposed when presenting the show idea to other networks, according to McFarland.
Ultimately, CBS agreed to put the show on the air, McFarland said. Britton had not charged Riggs or Burnett anything during this time for his advice, which Riggs valued because of the plaintiff’s financial knowledge due to his past work with the networks, McFarland said.
Riggs and Britton eventually agreed that the plaintiff would receive 35 to 40 percent of the money Riggs received from “Survivor” as well as such other Burnett creations as “The Apprentice,” McFarland said.
Riggs falsely told Britton that Burnett had reduced his role from a partner to an employee, according to McFarland. Britton also learned that Burnett and Riggs had a verbal, but not a written agreement for sharing “Survivor” profits, McFarland said. He said Britton knew it was more likely he would get paid if Burnett and Riggs had a firm, written contract.
George said Britton had nothing to do with the creation, selling or advertising aspects of “Survivor.” He said Britton waited six years after he received his last payment because he felt financially strapped and wanted to capitalize on the popularity of “Survivor,” and his claim therefore is invalid.
McFarland said Britton did not sue Riggs earlier because he believed the defendant when he said Burnett was not paying him.
“He trusted his friend,” McFarland said.
McFarland also said that contrary to Riggs’ claims to the contrary, Britton was not obligated under his contract to provide legal advice to the defendant, who also is a lawyer.
Britton sued Riggs in November 2012, alleging breach of contract.
In 2008, Riggs sued Burnett for $70 million of profits after his ex- partner allegedly did not properly pay him for his work helping Burnett sell “Survivor” to CBS and “The Apprentice” to NBC. That case was settled in March 2012.
McFarland maintains Riggs was obligated to keep Britton informed about the defendant’s settlement efforts with Burnett.
— Wire reports