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Extensive Details On TNA/WWE Lawsuit, Wittenstein Alleged To Have Emailed Entire Roster Contracts

Posted By: Adam Nystrom of WrestlingNewsSource.com on May 30, 2012

A full copy of the 37 page lawsuit that TNA has filed against WWE has been obtained by Mike Johnson at PWInsider.  Below is a summary of what is included in the text of the filing:

Brian Wittenstein signed a severance agreement with TNA in August of 2011 as part of being let go by the company, agreeing to return any company materials and not disclose any confidential information to which he may have become privy.  A copy of this signed agreement is included in the lawsuit with specific dollar amounts censored.

Wittenstein is then said to have violated the terms of the agreement when he "downloaded and took TNA's confidential, trade secret and proprietary information after leaving his employment with TNA."  Wittenstein's position as talent coordinator gave him full access to TNA's computer network.

While TNA is not sure just how much information Wittenstein took with him, they list specific documents including "spreadsheets containing TNA policies and procedures, personal and confidential information regarding TNA's wrestling talent and staff, terms of TNA's contracts with its prospective, present and past wrestling talent, confidential information regarding activity, payment and royalty reports for TNA talents, a draft contract between TNA and one if its wrestlers, an executed contract between TNA and one of its wrestlers and a draft promotional agreement between TNA and a licensee."

Wittenstein was allowed to go to work for a competitor, WWE included, so long as he "complied with his obligations."  However, Wittenstein sent an email to WWE about the information to which he had access.  An excerpt is included in the lawsuit, which reads "Attached, please find a contract status and terms chart for the TNA Wrestling roster. I combined a bunch of different documents I had from there to put it all in one concise spreadsheet that should capture all the relevant information you would be interested in. Here are a few notes for you regarding the TNA deals."

If this turns out to be true, it means Wittenstein turned in any and all pertinent information regarding TNA's talent to their main competition in WWE, which is where the Unfair Competition lawsuit comes into play.  Wittenstein's supervisor (Michael Hayes, according to sources) turned the documents over to the Legal Department in WWE, who fired Wittenstein.  According to the LinkedIn.com profile for Brian Wittenstein, he was employed with WWE for three months until April of this year.

On May 7, WWE's Vice President of Legal/Business Affairs Scott Amann contacted TNA's General Counsel Creede Williams to inform TNA that Wittenstein had divulged all of this information without WWE's request or permission, and WWE had the material in "both hard and electronic form."

When Amann was questioned why he had let three weeks pass until notifying TNA, Amann "did not explain the reason(s) for the delay."  After contacting Wittenstein, TNA says he admitted disclosing the information and "represented to TNA that he did so at the request of WWE."  TNA claims WWE "solicited and/or induced" Wittenstein to do so and "has unclean hands."

The lawsuit goes on to further claim WWE is using this information to "solicit or induce TNA's current wrestling talent to end their contractual relationships with TNA."  This is where Ric Flair is named in the suit.  Flair is said to have "attempted to terminate his contractual relationship with TNA" and "made statements" on May 9 that he was on his way to WWE.  The timing is said to be "highly suspect" and Flair breached his contract by no-showing live events including the Sacrifice PPV.

No mention is made regarding Flair's appearance at the WWE Hall of Fame ceremony, and no other talents are specifically named in the suit.  Depositions from Flair, John Laurinaitis and Paul Levesque have been requested by TNA in another filing.  A $30,000 bond has been put up to ensure WWE and Wittenstein to not destroy or otherwise tamper with any material they have in their possession before the scheduled hearing on June 11 in Nashville.

Mike Johnson of PWInsider

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