Weinstein seeks to pursue arbitration over firing

Disgraced Hollywood film mogul and convicted rapist Harvey Weinstein is asking a bankruptcy judge in Delaware to allow him to pursue arbitration in New York over what he claims is his wrongful termination from company he co-founded.

An attorney for Weinstein submitted a court filing this week asking judge who is presiding over Weinstein Co. bankruptcy to lift automatic stay that halts outside legal proceedings involving Chapter 11 debtors so he can pursue arbitration case he filed in 2017.

“Newly discovered information and facts, gleaned during course of investigation and discovery in collateral matters, have yielded evidence that corroborates wrongful termination claim that is subject of arbitration,” Weinstein attorney Julia Klein wrote.

Klein also said re has been willful delay in seeking to lift bankruptcy stay in order to proceed with arbitration.

“Movant has been involved in one of most publicized criminal proceedings in recent history, after which he was convicted and sentenced to a term of incarceration of 23 years, and is also defending against numerous civil claims, while facing ditional prosecution in California,” she ted. “All while movant has suffered from increasing ill health and medical issues.”

Weinstein Co. sought bankruptcy protection in March 2018 amid a sexual misconduct scandal that brought down Weinstein and triggered a nationwide movement to dress predatory sexual behavior and harassment in workplace. Weinstein was sentenced to 23 years in prison earlier this year after being convicted in New York of rape and sexual assault.

Prosecutors in Los Angeles are seeking his extrition to California to face charges of raping a woman and sexually assaulting ar in 2013.

According to Wednesday’s court filing, Weinstein in 2015 entered into an employment agreement with Weinstein Co. that includes a provision requiring binding arbitration in New York for any dispute between parties, including claims for discrimination and for violation of any federal, state or local law.

company fired Weinstein in October 2017 just days after New York Times published a story detailing deces of sexual harassment allegations me against him by actresses and employees. Weinstein filed an arbitration demand two weeks later, asserting violations of employment agreement and related state law claims.

future of bankruptcy case remains up in air following a decision by a federal judge in New York last month to reject a proposed $19 million settlement between Weinstein and some of his accusers. Lawyers for several or alleged victims h opposed deal, which also would have required approval by bankruptcy court.

proposed settlement amount was included in a plan proposed in bankruptcy case to create a $46.8 million fund to settle claims against Weinstein and or company officials and to cover ir defense costs.

Attorneys for two women who have filed lawsuits alleging y were sexually assaulted by Weinstein have asked bankruptcy judge to convert Chapter 11 case to a Chapter 7 liquidation. Doing so would reduce amount of money going to professionals and allow a trustee to pursue civil claims on behalf of bankruptcy estate against Weinstein and or company officials, y argue.

Attorneys for company and official committee of unsecured creditors have asked judge to give m until Aug. 31 to try to negotiate a revised plan that would eliminate class action treatment of sexual misconduct claims and would be overseen exclusively by bankruptcy court, with involvement by New York district court.

Attorneys for two women contend that any revised bankruptcy plan would still be dictated and funded by self-interested insurance companies who are t fiduciaries of bankruptcy estate and t working in best interests of Weinstein’s victims.

“A threshold issue, refore, is wher insurance companies will be permitted to rent this court, with debtors and committee acting as ir proxies, and have this court invoke its most robust powers and jurisdiction, to silence forever victims of rape, sexual assault and sexual harassment,” y wrote in a recent court filing.

A hearing in case is scheduled for Sept. 2.