H. Trans World Promises Me a Dedication to Reform
142. In response to the pending fiscal crisis, Trans world’s chairman Robert Higgins promised me that he was dedicated to reforming the business practices of the industry. The plan we worked on included challenging the entrenched conspiracy of Labels and Studios by supporting a new distributor organized by the artist named Seal, and by utilizing my proprietary Aimster method as an “honest broker” to harness the potential of the Internet.
143. Relying on Robert Higgins’ promise of reform, I continued working with Trans World toward what I believed was our common interest.
144. Once Boies-Schiller commenced representing me in November 2000, I expected that I could trust Boies-Schiller to preserve confidential information I provided to them as my lawyers, while they negotiated a more formal agreement with Trans World and its agent Bill Duker, including a securities transaction with Trans World.
145. Boies-Schiller in turn led me to believe I could trust Trans World and its agent Bill Duker. In his November 15 letter to me, David Boies had referred to my “working together” with Bill Duker, and in our December 13 meeting David Boies had told me in person that he had known Bill Duker for many years to be a trustworthy lawyer.
146. In my December 13 meeting with David Boies, which Bill Duker attended, and continuing on regular occasions over the next several years, I saw and heard Bill Duker gain access to Boies-Schiller offices and meetings in Albany, New York, in order to obtain confidential information about my proprietary Aimster method that I provided to Boies-Schiller under attorney-client privilege.
147. Several times, I saw and heard Bill Duker say that he was calling David Boies, but at the start of the call ask only, “Is he there?” Without any further identification, Bill Duker would be given to converse with David Boies, and, upon concluding such conversation, evidently come into possession of my confidential information, including confidential information I had provided to David Boies, and legal opinions that David Boies provided to me.
148. I also saw and heard Boies-Schiller disclose my confidential information to Bill Duker in its offices, meetings and telephone calls, but fail to monitor whether Bill Duker preserved or destroyed such information, or whether such confidential information was used to Bill Duker’s personal advantage.
149. I did not consent to any waiver of confidentiality by Boies-Schiller.
150. Rather, I expected that Boies-Schiller would ensure that my proprietary information was protected by confidentiality agreements or attorney-client privilege.
151. However, Boies-Schiller failed to require such confidentiality agreements of Trans World or Bill Duker.
152. In fact, Boies-Schiller and David Boies failed altogether to disclose to me that Bill Duker had been suspended or disbarred from the practice of law in 1997 when Bill Duker pled guilty to charges that he, through his law firm, Duker and Barrett, defrauded the FDIC and RTC of $1.4 million in overbillings.
