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TSG Entertainment sues Disney for withholding millions

Walt Disney Animation Studios in Burbank, California

A key financier behind hits like "Avatar: The Way of Water" and the "Deadpool" franchise has issued a lawsuit against Disney and its subsidiary Twentieth Century Fox over an alleged breach of contract. 

In a lawsuit filed in Los Angeles Superior Court, TSG Entertainment accuses Disney of deliberately holding back profits.

The entertainment giant reportedly forged favorable deals for its streaming platforms, Hulu and Disney+, and manipulated stock prices at the expense of its partners.

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TSG says these hindered its ability to exercise investment options in individual movies and obstructed the sale of its stakes in other films for further investments. 

The lawsuit details TSG's expenditure of $3.3 billion over the past decade, co-funding over 140 movies.

It includes acclaimed titles such as "Hidden Figures," "Jojo Rabbit," "The Shape of Water," and "The Banshees of Inisherin."

The lawsuit claims Disney and Twentieth Century Fox maneuvered to withhold "hundreds of millions of dollars" from TSG, using what the lawsuit terms "Hollywood accounting tricks." 

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Disney has not yet commented on the lawsuit.

Public disputes between entertainment entities and talent over revenue are relatively common.

But conflicts between financiers and studios rarely escalate to litigation.

The lawsuit is an unusual turn, given that most disputes of this nature are typically settled privately between the parties involved. 

However, according to the arrangement between TSG and the movie studio, conflicts are initially filed in court, with both sides subsequently agreeing upon a private judge. 

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Filing in court allows an appeal if either party disagrees with the judge's ruling.

Led by Wall Street veterans Chip and Robert Seelig, TSG holds strong affiliations with major studios like Warner Bros. and Sony Pictures. 

The partnership with the Fox movie studio commenced in 2012 and has been modified multiple times since. 

Typically, such partnerships involve financing a film slate and potentially investing further in specific titles.

The dispute arose after TSG noticed a profit decline and requested an audit. 

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Disney accused of "Rampant self-dealing" and "accounting tricks"

The investigation allegedly uncovered "rampant self-dealing" and "accounting tricks" that led to TSG being underpaid by $40 million. 

The lawsuit also claims revenue due to TSG wasn't correctly credited and that excessive distribution fees were charged against the terms of their revenue participation agreement.

The legal action is similar to Scarlett Johansson's 2021 suit against Disney.

It was over the simultaneous release of "Black Widow" on Disney+ and in theaters, a case that was eventually settled. 

TSG is represented by the same attorney who represented Johansson, John Berlinski of Bird Marella.

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The suit also addresses a renegotiation between the Fox studio and HBO, now part of Warner Bros. Discovery. 

This deal, which allowed simultaneous releases on HBO Max, allegedly impacted TSG's potential earnings. 

Disney's acquisition of the Fox studio in 2019 led to changes in the terms of this agreement.

TSG further alleges that Disney refused to honor its rights to sell its stake in other funded films to the studio or a third party.

It has reportedly limited its ability to invest more in specific movies like "Avatar: The Way of Water."

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