Gavin Polone - Page 17

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               Petitioner started receiving calls from journalists asking             
          for comments.  Petitioner believed that the statements in the               
          articles attributed to UTA were false and that UTA had no cause             
          to fire him.  Petitioner told the journalists that none of the              
          statements were true.                                                       
          Petitioner’s Prospects With ICM                                             
               On Monday, April 22, 1996, the ICM retreat was attended by             
          the executives of ICM and approximately 80 agents (including                
          personnel from ICM’s London office).  Jeff Berg, the chairman or            
          CEO of ICM, was at the ICM retreat.  The articles about                     
          petitioner that appeared in the trade publications that morning             
          were brought to the ICM retreat.  At the ICM retreat, Mr. Berg              
          spoke to those in attendance and, referring to petitioner,                  
          stated:  “This is the poster boy for bad behavior” and “This kind           
          of behavior will not be tolerated at ICM”.  Mr. Berg had the                
          articles about petitioner in his hand when he made these                    
          statements.                                                                 
               Toni Howard, a senior vice president in the motion picture             
          department of ICM, attended the ICM retreat.  When Ms. Howard               
          learned that ICM was in discussions to hire petitioner, she                 
          opposed hiring petitioner.  She spoke to six executives at ICM              
          and questioned how ICM could hire petitioner after noting the               
          articles in the trade publications.                                         
               Eventually, petitioner met with ICM.  ICM would not hire               
          him, in part because of the articles in the trade publications.             




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