Shoot (May 21, 1999) p.1 HSI Prodns. win court case in dispute over dir. Paul Hunter. By Robert Goldrich Jury Rules That Company Didn't Intentionally Interfere In Helmer's Contract With F.M. Rocks. LOS ANGELES - A Los Angeles Superior Court jury has ruled that bicoastal HSI Productions did not intentionally interfere with a contract between F.M. Rocks, Santa Monica, and director Paul Hunter. The verdict - reached earlier this month (5/7) - thus dismissed plaintiff F.M. Rocks' claim that it was due financial recompense and damages from defendant HSI. Instead, according to a proviso cited by HSI's legal counsel, F.M. Rocks must now reimburse HSI for its court expenses such as deposition costs, expert witness and filing fees. (Reimbursable court costs do not include lawyers' fees.). HSI president Stavros Merjos estimated that his company's reimbursable court costs are in the six-figure range. As earlier reported (SHOOT, 3/5, p. 1), F.M. Rocks filed a lawsuit contending that HSI had induced Hunter to breach the aforementioned contract. Sometime around May '97, Hunter stopped directing music videos for F.M. Rocks and started working for HSI where he has since helmed both clips and spots. Describing himself as "very happy" with the verdict, Merjos reiterated what he said he had previously communicated to F.M. Rocks' ownership: "I told them 'I didn't steal your guy. He [Hunter] was unhappy on his own and left.'" Merjos acknowledged that before going to trial, HSI had offered F.M. Rocks an out-of-court settlement. "If smart, they would have settled for something reasonable early on - but they were greedy and somehow thought they would get some huge judgement," said Merjos of F.M. Rocks. Merjos explained that he offered to settle in order to avoid costly litigation. While he declined to specify how much was spent on his company's legal defense, Merjos noted that his attorneys' fees came to considerably more than the earlier referenced reimbursable six-figure court costs he said HSI incurred. Craig Fanning, president of F.M. Rocks, said his company plans to pursue the case on ap- peal. "We don't think the verdict was just in any way, shape or form," he affirmed. "We have a very appealable case." Five Questions In order to prove its case and gain a favorable judgement, F.M. Rocks needed the Superior Court jury to answer in the affirmative to five questions, then set a value on alleged economic damages and establish a date on which the supposed breach of contract occurred. If the jury responded "no" to any question on the special verdict form, judgement would be rendered in favor of HSI. As it turned out, the jury concurred with F.M. Rocks on the first two special verdict form queries. Jury members agreed that Hunter was bound to an additional option year - from January 3, '97 to January 3, '98 - on his director's agreement with F.M. Rocks. The jury also found that the defendant, HSI, knew of the existence of this option year on the original contract. However, the jury answered "no" to the third question which was: "Did the defendants intentionally engage in acts or conduct which prevented Paul Hunter's performance of the option year contract?" Once the jury concluded that HSI was not guilty of such interference, there was no need to proceed on to the remaining two questions. (Those questions were: "Did the defendants intend to prevent Paul Hunter's performance of the option year contract?"; and "Did the acts or conduct of the defendants which interfered with the option year contract between Paul Hunter and F.M. Rocks cause damage to the plaintiff?") HSI's lead attorney, Michael J. O'Connor of White, O'Connor, Curry, Gatti & Avanzado, Los Angeles, praised the jury, saying that its members conscientiously sifted through claims and counterclaims by both sides. (Relying heavily on public records, SHOOT outlined the main contentions of plaintiff and defendant in the previously cited 3/5 story.) O'Connor added that in talking with jury members after the trial, he determined that they would have predictably answered "no" to those last two special verdict form questions. HSI's in-house attorney Randy Winograd corroborated O'Connor's claim. Winograd added that jury members he talked to said that if they had handed down a verdict in favor of F.M. Rocks, the judgement awarded would have been slightly in excess of $230,000. These contentions of HSI's legal counsel could not be confirmed at press time. As earlier reported, SHOOT uncovered a court document in which F.M. Rocks claimed that it "lost in excess of $2 million as a result of the defendant's conduct." Separate from the L.A. Superior Court case, F.M. Rocks and Hunter have filed actions against each other before the American Arbitration Association. F.M. Rocks initiated the arbitration proceedings. Though he did not have an exact timetable, Fanning said he expected the arbitration process to move forward shortly. Hunter's latest work at HSI includes music videos for Lenny Kravitz, Jennifer Lopez and Will Smith. The latter - which debuted on MTV last week - is for the Smith-starring feature film, Wild Wild West, that's slated for release this summer. Hunter also recently directed a pair of Coca-Cola spots for Edge Creative, Santa Monica.