Dec 16 (Reuters) - Warner Bros Discovery's ( WBD )
WarnerMedia has resolved a lawsuit that accused law firm
Zimmerman Reed of engaging in ethical misconduct and lodging
thousands of baseless arbitration claims in order to force a
settlement payout.
The two sides said in a New York County Supreme Court filing
on Friday that they were discontinuing the case with prejudice,
which means it cannot be refiled.
Lawyers for WarnerMedia and partners at Minneapolis,
Minnesota-based Zimmerman Reed did not immediately respond to
requests for comment on the filing, which did not disclose the
terms of any settlement.
WarnerMedia sued Zimmerman Reed in May, after the law firm
told the company and its affiliate Discovery Digital that it was
representing thousands of purported arbitration clients alleging
that the Discovery video streaming platform illicitly disclosed
their viewing history to Meta.
The lawsuit, which sought to disqualify Zimmerman Reed from
proceeding with the privacy claims, accused the firm of trying
to extract a massive settlement by leveraging the threat of huge
administrative fees associated with large-scale individual
arbitrations.
WarnerMedia and Discovery alleged that one of Zimmerman
Reed's managing partners and other professionals at the firm had
posed as claimants in privacy arbitrations brought by other law
firms in order to "surreptitiously gain access to information"
to use in their own mass arbitration campaign.
Zimmerman Reed countered in a June court filing that
WarnerMedia's disqualification petition was "frivolous on its
face."
The case is the latest in which companies facing mass
arbitrations have taken the offensive against law firms bringing
such claims.
French skin care company L'Occitane in February accused
Zimmerman Reed of "manufacturing" mass arbitration claims under
a California wiretapping law. The lawsuit and arbitration claims
were dismissed by a federal judge in April. Zimmerman Reed
denied wrongdoing.
Another plaintiffs law firm, Keller Postman, has been
engaged in an escalating legal battle with streaming platform
Tubi and its lawyers at Jenner & Block. Fox Corp-owned Tubi
accused Keller Postman in June of filing thousands of
"cookie-cutter" arbitration claims over allegedly discriminatory
targeted ads without investigating the facts.
Keller Postman has since asked a judge to disqualify Jenner
from representing Tubi, and is also seeking a court order in Los
Angeles that would block Tubi and Jenner from using any
materials they obtained from a private investigator. Both sides
have denied any wrongdoing.
The case is WarnerMedia v. Zimmerman Reed, New York County
Supreme Court, No. 652500/2024
For WarnerMedia: Jay Musoff and Evan Farber of Loeb & Loeb
For Zimmerman Reed: David Wilck and Carol Lastorino of
Rivkin Radler