Redstone Is in Talks To Settle Competency Lawsuit -- WSJ
April 06 2016 - 2:31AM
Dow Jones News
By Keach Hagey
Representatives of Sumner Redstone have entered talks to settle
a legal dispute with a former companion who challenged the media
mogul's mental competency, according to people familiar with the
matter, the latest twist in a drama that has riveted Hollywood and
Wall Street.
The former companion, Manuela Herzer, filed a suit in November
claiming that Mr. Redstone, the 92-year-old controlling shareholder
of Viacom Inc. and CBS Corp., was mentally incompetent when he
removed her as his health-care agent and kicked her out of his Los
Angeles mansion. Mr. Redstone's team has argued the suit was
without merit and has been fighting it.
The litigation has been suspended pending the settlement talks,
the people familiar with the matter said. Viacom Chief Executive
Philippe Dauman -- the person with authority over the mogul's care
in case he's incapacitated -- was scheduled to be deposed in the
case Tuesday, but that no longer will happen, the people said.
For Viacom, a settlement would sidestep the embarrassment of a
trial, which is set for May. It also would avoid the prospect of a
judge ruling on the condition of Mr. Redstone, whose health has
declined in recent years after mini-strokes and other problems that
have made it hard for him to speak.
Mr. Dauman said in an affidavit late last year that Mr. Redstone
was "engaged and attentive" on a recent visit, while Ms. Herzer
described him as a "living ghost." Mr. Redstone stepped down as
executive chairman of Viacom and CBS in February just days after
the judge in the case allowed a geriatric psychiatrist working for
Ms. Herzer to evaluate him.
The deposition of Mr. Redstone's daughter, Shari Redstone,
originally scheduled for Wednesday, also has been canceled, the
people said. She has been the driving force behind the settlement
talks, which began about a week ago, according to people familiar
with the matter. Ms. Redstone owns a 20% stake in National
Amusements Inc., the holding company that controls Viacom and CBS,
and is vice chair of both companies.
Ms. Redstone was once considered her father's likely successor,
though over the years they have had tensions in their relationship
and in 2014 she rejected Mr. Redstone's offer to buy her out of his
media empire for $1 billion, The Wall Street Journal previously
reported.
Ms. Redstone became involved in the mental competency case when
she submitted an affidavit for Mr. Redstone's side this winter,
saying she and her family had been able to rebuild their
relationship with Mr. Redstone since Ms. Herzer's departure.
Among the questions being debated in the settlement talks are
who will be Mr. Redstone's health-care agent going forward, as well
as other reforms to his health care and the size of Ms. Herzer's
financial award, the people familiar with the talks said.
Under one proposal being discussed, Ms. Redstone and a family
friend based in Los Angeles would replace Mr. Dauman and Viacom
Chief Operating Officer Tom Dooley as Mr. Redstone's primary and
alternate health-care agents, the people said. Mr. Dauman has
publicly stated he never sought the health-care role.
Daniel Weinstein, a retired judge with the commercial dispute
resolution company JAMS, is mediating the talks, Mr. Weinstein
confirmed. The two sides are close to an agreement, the people
said.
Ms. Herzer, who had at one time been romantically involved with
Mr. Redstone but in recent years served as his live-in companion
and caregiver, was due to inherit $50 million in cash and real
estate valued at $20 million, until Mr. Redstone changed his will
last October after he kicked her out of his house, according to
court documents.
Mr. Redstone's lawyers have alleged she was motivated by money,
but Ms. Herzer's lawyers have maintained she filed the suit out of
concern for Mr. Redstone. Gabrielle Vidal, an attorney at Loeb
& Loeb, which is representing Mr. Redstone on the case,
declined to comment through a spokeswoman. Ira Steinberg, an
attorney at Greenberg Glusker Fields Claman & Machtinger, which
represents Ms. Herzer, also declined to comment.
Mr. Redstone controls nearly 80% of the voting shares of CBS and
Viacom, which owns cable networks such as MTV and Nickelodeon as
well as the Paramount Pictures studio. When he dies or is deemed
incapacitated, his holdings will be managed by a seven-person
trust.
As the drama over Mr. Redstone's personal affairs has played
out, Viacom's Mr. Dauman has been trying to turn around the
company, whose shares have slid because of investor concerns over
the rise of streaming video and cord-cutting.
Write to Keach Hagey at keach.hagey@wsj.com
(END) Dow Jones Newswires
April 06, 2016 02:16 ET (06:16 GMT)
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