DennyT wrote:
according to your link ', Trump accuses Cohen of "spreading falsehoods" about him"
FIRST CAUSE OF ACTION
(Breaches of fiduciary duties)
125. Plaintiff repeats and realleges the allegations contained within paragraphs 1 through
124 as if set forth at length herein.
126. At all relevant times, Defendant was in a fiduciary relationship with Plaintiff by
virtue of his past representation as Plaintiff’s former attorney, and owed Plaintiff all
fiduciary duties inherent with the attorney-client relationship.
127. In representing Plaintiff, Defendant was obligated to faithfully comply with his
fiduciary duties and the duties imposed upon him by common law and statute, including
the New York Rules of Professional Conduct, and in particular Rules 1.5, 1.6, 1.9, and 8.4.
128. Disclosing client confidential communications and disclosing information relating
to the representation of a client to the client’s disadvantage in violation of Rules 1.6, 1.9,
and 8.4 of the New York Rules of Professional Conduct, constitute misconduct.
129. Defendant engaged in misconduct when he breached the fiduciary duty of
confidentiality he owed to Plaintiff by disclosing, through publication and release of the
Books, production and dissemination of the Podcast, and numerous other media
appearances, both confidential information, including attorney-client privileged
communications; and falsehoods and misstatements that have damaged Plaintiff’s
reputation.
130. Defendant engaged in misconduct when he breached the duty of confidentiality
owed to Plaintiff specifically by disclosing confidential information, misstatements, and
misrepresentations likely to be embarrassing or detrimental to Plaintiff without Plaintiff’s
consent.
131. Defendant did not obtain Plaintiff’s consent or authorization before publishing any
confidential information.
132. Defendant knowingly, willfully, and intentionally violated his fiduciary duty of
confidentiality to Plaintiff.
133. Defendant derived a significant benefit, to Plaintiff’s detriment and at Plaintiff’s
expense, as a direct result of his breach of fiduciary duty, including, without limitation,
realization of substantial monetary gain in the form of compensation, advances, royalties,
proceeds and/or profits received for his role in the writing, publication, promotion, and/or
sale of the Books.
134. Defendant’s breaches directly caused Plaintiff’s damages.
135. It is against equity and good conscience for Defendant to retain his ill-gotten gains.
136. Accordingly, Plaintiff is entitled to an award for restitutionary damages in an
amount equal to or greater than the total and actual monetary gain received by Defendant
in connection with the publication, promotion, and/or sale of the Books.
137. In addition, due to the egregious and deliberate nature of Defendant’s wrongdoing,
the outrageous and wide-spanning nature of his breach of attorney-client privilege, and his
conscious and wanton disregard for Plaintiff’s rights as a client and/or former client,
Plaintiff is entitled to an award of punitive damages.
138. Plaintiff is further entitled to an award for interest, attorneys’ fees, and costs of this
action.
SECOND CAUSE OF ACTION
(Breaches of Contract)
139. Plaintiff repeats and realleges the allegations contained within paragraphs 1 through
124 as if set forth at length herein.
140. Defendant is a party to, obligated under, and bound by the terms of the
Confidentiality Agreement.
141. Defendant, at all relevant times, has been bound by the confidentiality and nondisclosure obligations set forth in the Confidentiality Agreement.
142. Defendant materially breached the Confidentiality Agreement by disclosing
confidential information, misstatements, and misrepresentations likely to be embarrassing
or detrimental to Plaintiff without Plaintiff’s consent.
143. Specifically, Defendant committed multiple material breaches of the
Confidentiality Agreement by, among other acts, causing the Books to be published and
releasing the Podcast, thereby disclosing actual information and/or disclosing misleading,
fabricated, or fictionalized information about Plaintiff, his personal life, his business
affairs, and his attorney-client relationship, without prior authorization or consent from
Plaintiff.
144. As a direct and proximate result of Defendant’s breach of the Confidentiality
Agreement, Plaintiff has sustained, and will continue to sustain, significant damages in an
amount to be determined at trial, including, but not limited to, actual, compensatory, and
incidental damages, plus interests and the costs of this action.
145. Plaintiff is further entitled to attorneys’ fees, disbursements, and related costs
incurred by Plaintiff in connection with this action pursuant to Section 8 of the
Confidentiality Agreement.
THIRD CAUSE OF ACTION
(Breaches of the Implied Covenant of Good Faith and Fair Dealing)
146. Plaintiff repeats and realleges the allegations contained within paragraphs 1 through
124 as if set forth at length herein.
147. Defendant owed Plaintiff a duty of good faith and fair dealing as implied in the
terms of the Confidentiality Agreement.
148. In accordance with this duty, Defendant was obligated to refrain from engaging in
any conduct that would destroy or injure Plaintiff’s rights to the benefit of the
Confidentiality Agreement, including each and every material provision contained therein.
149. Defendant failed to deal with Plaintiff in good faith and instead conducted himself
so as to intentionally and maliciously breach his confidentiality and non-disclosure
obligations owed to Plaintiff through his unauthorized disclosure of confidential
information protected under the Confidentiality Agreement.
150. In doing so, Defendant willfully and/or negligently breached his implied covenant
of good faith and fair dealing at the expense of Plaintiff.
151. As a direct and proximate result of Defendant’s breaches of the implied covenant
of good faith and fair dealing, Plaintiff has sustained significant damages in an amount to
be determined at trial in actual and compensatory damages, and is due the disgorgement of
any profits, payments, compensation, advances, royalties, and/or other monetary proceeds
received by Defendant as a direct or indirect result of the publication of the Books, plus
interests and the costs of this action.
FOURTH CAUSE OF ACTION
(Unjust Enrichment)
152. Plaintiff repeats and realleges the allegations contained within paragraphs 1 through
124 as if set forth at length herein.
153. By causing the Books to be published and his other wrongful acts laid out herein,
Defendant callously disregarded the fiduciary duties owed to his former client, Plaintiff,
and, in addition, intentionally and blatantly breached the clear and unambiguous terms of
the Confidentiality Agreement.
154. Defendant’s wrongful actions were intentional, calculated, malicious, and
motivated by his desire to acquire fame, attention, notoriety, and wealth.
155. Defendant received substantial compensation, proceeds, and/or profits as a direct
result of, without limitation, his role in the publication, promotion, and/or sale of the Books,
as well as from his production and marketing of the Podcast, all at the expense of Plaintiff.
156. As a result of the foregoing, Defendant was unjustly enriched, at Plaintiff’s
expense, by virtue of his own wrongful, intentional, and egregious actions.
157. It is against equity and good conscience to permit Defendant to retain such
enrichment.
158. Accordingly, Plaintiff is entitled to an award for restitutionary damages in an
amount equal to or greater than the total and actual monetary gain received by Defendant
in connection with the publication, promotion, and/or sale of the Books.
159. In addition, due to the egregious and deliberate nature of Defendant’s wrongdoing,
the outrageous and wide-spanning nature of his breach of attorney-client privilege, and his
conscious and wanton disregard for Plaintiff’s rights as a client and/or former client,
Plaintiff is entitled to an award of punitive damages.
FIFTH CAUSE OF ACTION
(Conversion)
160. Plaintiff repeats and realleges the allegations contained within paragraphs 1 through
124 as if set forth at length herein.
161. By his own account, Defendant “lied” about the amount of money he was owed in
reimbursement for an expense he made on Plaintiff’s behalf, instead “load[ing] up” and
“sneakily upping [his] bonus” in order to “counter screw[]” Plaintiff.75
162. Defendant admits that the cost of the expenditure was $13,000 but he “lied” and
represented that his expenditure was $50,000. Such statement was false, and Defendant
made the statement knowingly.
163. In so doing, Defendant intentionally took property (specifically, funds allocated for
the particular purpose of reimbursement) belonging to Plaintiff.
164. Indeed, Defendant was only authorized to collect the amount of the expenditure,
plus such additional money as the Trump Organization officials found sufficient to “gross[]
up . . . to make up for taxes” on the original expenditure.
165. Accounting for the “gross[ing] up” process authorized by the Trump Organization
to reimburse Defendant, Defendant fraudulently misrepresented the amount owed to him
for reimbursement and converted $74,000 in funds to which he was not entitled.