Gordon Tells His Side in “Watchmen” Controversy

At the center of the on-going “Watchmen” legal battle between Warner Brothers and 20th Century Fox is Larry Gordon.  According to the ruling issued on December 24, Gordon didn’t have full control of the “Watchmen” property to shop it around to studios other than 20th Century Fox.

U.S. District Court Judge Gary Feess’ decision found that Gordon, who is not a party to the case, did not secure proper rights to “Watchmen” from Fox before shopping the project and setting it up at Warner Bros. The judge also said Gordon had “refused to testify” to key questions during his deposition and, as punishment, would not be allowed to have his voice heard on “any aspect” of the case.

Now, after weeks of silence, Gordon has spoken up via a letter sent to Feess.   The letter, sent Wednesday, offers Gordon’s version of events that led to the court’s ruling that Fox owns distribution rights to the Zack Snyder-helmed comic-book adaptation.

In the letter, Gordon defends his actions during the negotiations of two key agreements with Fox during the early 1990s and in the course of the litigation. He also lays out several pages of evidence showing his responses to deposition questions.

“Mr. Gordon clearly testified that he does not recall any conversations he had with representatives of Fox in or about 1994 relating to ‘Watchmen,’ ” the letter states.

Gordon is referring to a 1994 turnaround agreement signed by Gordon and Fox that allowed him to shop the project. During negotiations for that agreement, Gordon argues that he and apparently his attorneys were unaware of a 1991 quitclaim agreement that granted Fox distribution rights to the film and a share of profits if Gordon made it elsewhere.

Feess ruled that Gordon did not fully control “Watchmen” because he failed to reimburse Fox its development costs and to resubmit the project when key creative elements changed.

Gordon claims in his letter that during those negotiations, Fox sent his lawyer, Tom Hunter at the firm Bloom Dekom, a chain of title that did not include the 1991 quitclaim.

“It is Mr. Gordon’s position that the execution of the 1994 turnaround agreement was the result of either a mutual mistake by both parties or a unilateral mistake made by his counsel, on which Mr. Gordon relied,” the letter says.

Fox, Warner Bros. and Gordon’s attorneys declined comment Thursday.

Feess refused to read the letter, citing that it was improper contact, violating court rules.