Re: E Management NY

i need to tell faith re caroline .. and yuo can call
eddie

--- DKIESQ@aol.com wrote:

2 issues that I would like your direction on with
respect to E NY's business

1. Contract for Caroline Poznanski, who JL and

Nathalie claim is a "star
booker" currently employed by Next. They want
Caroline to terminate her
contract with Next and after a stand-still period
(non-compete period) provided
for in that agreement, have E Management NY employ
Caroline.

---Issue one. Does this present a problem/conflict
vis-a-vis Faith? If so,
how would you like to proceed?

--Issue two. Caroline is fairly certain that, if
Caroline moves to ENY,
Next will bring suit against Caroline, even if
Caroline does nothing wrong.
Caroline wants there to be a provision in
Caroline's employment agreement with
E Management NY that requires E Management NY to
indemnify Caroline from
liability, costs, etc, arising out of Next bringing
a lawsuit against Caroline
with respect to Caroline's performance of her
employment duties to E
Management NY. Nathalie said that Next sued
Nathalie when Nathalie left to go work
for Elite. Nathalie said that the legal bill
amounted to approximately
$70,000, even though Nathalie ultimately prevailed
in the suit. If Nathalie and
Caroline are correct, then E Management NY is
effectively buying a lawsuit when
it employs Caroline.

My initial reaction was no indemnity, but JL and
Caroline claim that it is
not uncommon in the industry that the new agency
indemnifies the booker against
claims by the old agency. If so, then let's at
least get a cap on the
indemnity.

Caroline's contract calls for a Salary of $250,000
per year (no
contractually required bonus), as compared with the
$200,000 Caroline is getting from
Next right now. The term of the contract with E NY
is 1 year subject to auto
renewal unless either party declines renewal 3
months before the scheduled end
of the term or unless either party terminates for
cause.

Essentially then, we are buying an expensive lawsuit
for one year of
contract service.

2. MORE SERIOUS AND PROBLEMATIC

I received the following e-mail from John Luc and a
telephone call from
Nathalie about the same:

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The webmaster has made a mistake on the printing
and some pacages have been
sent with the tittle
ELITE MODELS NEW York
Deep SH…….
I was thinking to call Eddy tTrump now and explain
him\
We will send the letter from the Web master who
took the responsibility and
send a corrective made in common with E Trump
What do you think??

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Not good. Apparently, packages regarding ENY's
models were transmitted to
ENY's clients over the internet with an incorrect
source identifier indicating
that the packages came from Nathalie at "Elite
Models New York." Clearly
this is no way to stay off Eddie Trump's radar while
we move forward.

My initial inclination is not to contact Eddie, but
to send out to all of
those who received the packages with the erroneous
Elite Models New York
identifier a notice from E Management NY correcting
the error and clearly stating
that E NY and its models have no affiliation with
Elite USA and include in
that notice a letter from the Web Master stating
that the incorrect usage of the
Elite Models name was through no fault of ENY who
correctly identified the
source of the packages as being from ENY and,
without ENY's knowledge, the
packages were misidentified solely as a result of
the Web Master's programming
error, which the Web Master is now correcting.

Why unnecessarily bring this to Eddie's attention,
when we are taking the
very steps necessary to correct the problem and
limit industry confusion as to
affiliation between Elite and ENY.

On the other hand, on the theory (I have no idea if
it is true or not) that
there is no way to keep Eddie Trump in the dark
about what we are doing or
what happened in this case, would it be prudent to
contact Eddie and show him
the notice and corrective letter we are intending
to send out in order to
soften his reaction?

Your thoughts?

Darren K. Indyke
Attorney-At-Law
457 Madison Avenue
4th Floor
New York, New York 10022
Tel: 212-750-1176
Fax: 212-750-0381
e-mail: dkiesq@aol.com (mailto:dkiesq@aol.com)

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