FeganScott’s Beth Fegan is co-lead counsel in a class action case brought on behalf of a class of actresses and women entertainment industry professionals who allege that Harvey Weinstein, Miramax, Disney, The Weinstein Company (“TWC”), and their respective officers, directors, and executives ran the Weinstein Sexual Enterprise to facilitate Harvey Weinstein’s decades-long pattern of unlawful sexual harassment and sexual assault.
Filed Dec. 6, 2017 in the U.S. District Court for the Southern District of New York, the lawsuit states that Miramax and The Weinstein Company (which Weinstein co-founded) facilitated Weinstein’s organized pattern of predatory behavior. The suit equates these actions to an enterprise violating the Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act. This is the same law brought against members of the Mafia for organized criminal behavior.
On April 18, 2019, the court entered an order granting in part and denying in part the Defendants’ motions to dismiss. Specifically, the court’s order dismissed all claims except for the violations of 18 U.S.C. § 1591, 1595, the federal Trafficking Victims Protection Act (“TVPA”) against Harvey Weinstein. The court held that the TVPA “extends to enticement of victims by means of fraudulent promises of career advancement, for the purpose of engaging them in consensual or, as alleged here, non-consensual sexual activity.”