LABOR DISPUTES

Settled a lawsuit in which Plaintiff was the health and welfare pension plan of one of the Guilds in the movie industry. Defendants were several different multinational production companies, which co-produced an acclaimed movie. The lawsuit was brought pursuant to ERISA and the LMRA alleging unpaid residual contributions based on gross receipts when the movie moved to supplemental markets (cable TV, streaming services, etc.). The amount claimed in unpaid contributions had been determined by one of the major industry forensic accounting firms. The lawsuit involved disputes over the licensing agreements and “minimum guarantees” set forth in a prior settlement agreement. The lawsuit had major implications impacting future industry-wide collective bargaining agreements.

Settled a case in which the Plaintiff was a Trust Fund for a construction industry labor union. The Defendant was a large utility service contractor in the construction industry that was subject to a master collective bargaining agreement. A routine audit of the defendant indicated unpaid contributions. The nature of the claim centered on a jurisdictional dispute over the kind of work being performed – whether it was within the jurisdiction of work belonging to the Plaintiff labor union or work within the jurisdiction of a different labor union whose master agreement called for contributions at a much lower rate. The case required knowledge of jurisdictional disputes among unions under the National Labor Relations Act and differentiation between different types of work in the construction industry.