We’ve learned that the TRO request is based primarily on the deposition for former Big Brother producer Kenny Rosen, now executive producer/showrunner of Glass House. In a deposition with CBS lawyers last Sunday, he admitted to taking a copy of the Big Brother Guest Manual and having it typed up separately as part of a Glass House manual. Given that the manual is considered a proprietary document and viewed as highly confidential by CBS, the network lawyers will argue that that is a clear violation of the non-disclosure agreement Rosen signed when at Big Brother. Rosen also admitted about two-thirds through his depo that he “consulted” the Big Brother Master Control schedule in an effort to partially figure out how many people he would have to hire for the production of Glass House. Rosen’s attorney Devin McRae shut down the line of questioning at that point, claiming attorney/client privilege. But Rosen also allegedly revealed that even more former Big Brother staffers being employed by Glass House than previously known. He put the number at 25-30, half of the ABC series’ staff. He also acknowledged that development of Glass House at ABC started around the time former Big Brother producer Corie Henson joined the network as an executive in the unscripted department. Additionally, Rosen admitted to deleting Glass House-related emails after CBS had filed its lawsuit over the show.
CBS filed a multi-million dollar suit on May 10 against ABC, Disney and several former Big Brother producers. It cited copyright infringement, trade-secret misappropriation, unfair competition, breach of contract and conspiracy among other claims. ABC counter-sued, saying it believed there was “no merit” to CBS’ lawsuit. Since then, the networks have been locked in legal trench warfare — an approach CBS calls “ABC’s run-out-the-clock strategy.” Meanwhile, ABC has proceeded with announcing a cast for Glass House and is running a promo campaign for the series, while CBS has continued with its legal action against Disney as well as the individual producers who once worked on Big Brother and are now on Glass House, which the network claims are in violation of their Big Brother NDAs. CBS is represented by Scott Edelman, Michael Seitz, Theane Evangelis Kapur and Blaine Evanson of Gibson, Dunn & Crutcher. ABC is represented by Glenn Pomerantz, Jonathan Altman and Carolyn Hoecker Luedtke of Munger, Tolles & Olson.
