A Band Apart Commercials, Los Angeles, has filed a petition in L.A. Superior Court, alleging that director Nico Beyer breached a contract he had entered into with the company. According to A Band Apart, Beyer signed a one-year agreement that went into effect on Aug. 1. The petition also claimed that Beyer accepted an advance payment of $50,000 as part of that pact. A Band Apart’s attorney, John Friedemann of the law firm Friedemann, O’Brien & Zarian in Santa Rosa, Calif., said that Beyer has refused to provide his services to A Band Apart, is instead working for a competitor, and has not returned the $50,000.
SHOOT reached the Berlin-based Beyer via phone. The director said he was unaware of A Band Apart’s court filing. "I’m very surprised. My last conversation with them [A Band Apart] was pretty friendly," related Beyer who said that he continues to be represented in the U.S. via New York-headquartered Compass Films. When told of the basic allegations in A Band Apart’s petition, Beyer responded, "The things they say are not true."
Beyer acknowledged having discussions with A Band Apart, but related that ultimately he decided to remain at Compass. Several months ago, A Band Apart and Compass each claimed it had the exclusive right to handle Beyer in the American market (SHOOT, 10/1/99, p. 1). At that time, Compass’s legal counsel said it planned to file a request for a temporary restraining order in New York court, preventing Beyer from working for any U.S. production company other than Compass. (SHOOT could not find such a filing in subsequent searches of public court records.)
Now, as it turns out, A Band Apart is seeking a restraining order or injunction. The company’s petition requests that L.A. Superior Court issue an order compelling A Band Apart and Beyer to arbitration, and then appoint a neutral arbitrator to hear the case. Friedemann said that he sought arbitration because that was the means to settle disputes agreed upon in what he contended is the valid contract that Beyer entered into with A Band Apart. Friedemann related that A Band Apart intends to ask the arbitrator for an injunction that would prevent Beyer from working for any other production company in North America until Aug. 1, 2000. Friedemann noted that injunctive relief is now available in arbitration proceedings.
At press time, however, Friedemann said that the filing made by A Band Apart was in a holding pattern, in that Beyer must be served with the petition in order for L.A. Superior Court to proceed on the matter. Friedemann is seeking Beyer’s whereabouts to serve him the petition either domestically or abroad. The lawyer said A Band Apart is keeping its ear to the ground, should Beyer surface stateside on a shoot.
Beyer said that he remains one of the primary directors at Neue Sentimental Film, Frankfurt, for German ad assignments. But his star has risen in the U.S., with such recent endeavors as a Compass-produced Infiniti SUV campaign via TBWA/Chiat/Day, Los Angeles. Perhaps the most widely recognized spot in that package is "Monoframe," which shows the SUV’s unified steel framework skydiving earthward. Beyer also helmed Pennzoil’s "Dragster" for GSD&M, Austin, Texas, which earned SHOOT "Top Spot" recognition last year (SHOOT, 9/18/98, p. 14).
Michael Bodnarchek, co-president of A Band Apart Commercials, was unavailable for comment at press time. But he issued a statement in a press release regarding the company’s decision to file a petition asking for arbitration. "It’s unfortunate that we have to go down this road, but Nico seems to suffer from a brazen disregard for his legal obligations," read Bodnarchek’s statement. "In my opinion, and based upon our experience with Nico, his word cannot be trusted."
Of the contentions made by A Band Apart, Beyer said, "I’m disappointed they feel like saying those things. … But they still have to look at themselves in the mirror in the morning."
A phone call to Compass partner Kathrin Lausch had not been returned at press time.
