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The defamation agreement provided UTA would pay petitioner
$4 million in four $1 million installments. The first payment
was to be made on May 1, 1996.13 The last three payments were to
be made by November 1, 1996, May 1, 1997, and November 1, 1997.
The defamation agreement specifically provided that these
payments would be paid to petitioner as compensation to him for
the alleged personal injuries he suffered on account of the
defamation. UTA entered into the defamation agreement, and
agreed to pay petitioner $4 million pursuant to the defamation
agreement, in order to settle petitioner’s defamation claim. UTA
would not have agreed to settle with petitioner if petitioner had
not agreed to release UTA from his defamation and other legal
claims.
Petitioner’s Career After His Termination By UTA
Before his termination by UTA, petitioner was a top-earning
talent agent at UTA, had numerous well-known and prestigious
clients, was considered a “partner” at UTA, and was considered
very successful within the entertainment industry. After being
fired by UTA, petitioner did not receive any calls from CAA or
William Morris. ICM specifically would not hire petitioner
because of the concern expressed by some of ICM’s partners
regarding the adverse publicity surrounding petitioner’s
dismissal from UTA.
13 We note that this payment was due 2 days before the
execution of the defamation agreement.
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