Saturday, September 24, 2016 7:32:56 PM
2). FRIVOLOUS LITIGATION - Although HHSE has not been 'served' the lawsuit posted by an event photographer in Washington, D.C., we are aware of this matter through internet postings that a lawsuit was filed. A brief history of the matter: at the request of the Algerian producers, HHSE assumed the responsibility to pay an event photographer a fee of $1,000 for snapping photos of the Algerian director and some cast members last July 31. The bill was not paid, despite our promise (and intention) to pay the guy the $1,000 work-for-hire fee as agreed. Frankly, with our Q4 / Q1 cash flow so negatively impacted by Alchemy non-payments, the priority for paying for photos that were never needed anyway, was falling as a less crucial item than the timely fulfillment of new release orders for ongoing operations. So eventually, the photographer grew impatient and filed a lawsuit. We don't blame the guy. He shot some party photos, and he deserves to be paid (whether or not we had any legitimate use for photos shot in a theatre lobby). However, we are told that he invented an arbitrary and absurd amount, rather than suing for the pre-agreed fee of $1,000. Our counsel informs us that you cannot invent a claim for "a hundred-kagillion dollars in damages" if the agreement for services called for a payment of only $1,000. Such an action is considered an abuse-of-process, and subjects the Plaintiff to paying sanctions and legal fees to HHSE. So, if we're ever served this lawsuit, our attorney will file a motion with the court while simultaneously "tendering" the $1,000 fee. If the Plaintiff accepts the payment, we would be willing to drop our counter claim for sanctions and legal fees." rel="nofollow" target="_blank" >insert-text-here
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