Jeffrey Konvitz

Jeffrey Konvitz
Jeffrey Konvitz
Born	(1944-07-22) July 22, 1944 (age 79) New York City, New York, U.S. ^[1]
Alma mater	Cornell University Columbia University School of Law
Occupation(s)	Writer, film producer, attorney
Spouse	Jillian “Jill” McWhirter

Jeffrey Konvitz (born July 22, 1944)^[2] is an American attorney, writer, and film producer.^[3]^[4] He was raised in Woodmere, New York^[1] and graduated from Hewlett High School in 1962. He continued his education at Cornell University (BA 1966) and the Columbia University School of Law (1969). Konvitz is probably best known for writing the novel The Sentinel,^[5] published in 1974. It was followed by a film adaptation in 1977, which he produced and adapted from the novel.

He married model Vicki Peters in 1980, but they were divorced after parenting one child, Kristen Nicole (1983) who is a motion pictures packaging agent with United Talent Agency in Los Angeles.^[6] Later, he married actress Jillian McWhirter in 1998 and fathered a second child with her, Katherine Arielle (2002). He is Jewish.^[7]

Konvitz was Managing Partner of VX119, a financing company in the entertainment industry.^[8]

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Film career

Konvitz worked as an agent for CMA, general counsel for the Jerry Lewis theatre chain, a production executive for MGM, and as a film producer. As a producer, it would have been usual for Konvitz to option properties and put a package together. Konvitz saw that anything good was being snapped up by studios before it was ever seen by him, so Konvitz set out to create original projects. Konvitz wrote the screenplay for “Silent Night, Bloody Night” which he also produced. Konvitz showed the treatment to the financier on a Friday and told them the screenplay was being typed. The financiers asked to see the script but Konvitz didn't have a script or a writer, so he wrote the script himself in 3 days. ^[9]

Konvitz first pitched The Sentinel as a movie but was turned down by several studios, so he decided to write The Sentinel as a novel, staying up writing until 4am each night while he practiced law in New York during the day. Simon and Schuster bought the rights to The Sentinel in September of ’73 and within six months he received an offer of $200,000 for the paperback rights and $500,000 for the movie rights from Universal. A first-time author had never before been hired by a major studio to adapt and produce a film from the author's own novel before. ^[10] ^[11] The Sentinel would go on to sell over 7 million copies.

Konvitz’s sequel to The Sentinel, The Guardian, sold out entirely in 10 days. Its publisher, Bantam, went back to immediately print a million extra copies.^[12] Konvitz dedicated The Guardian to Rufus, who he credited with editing Chapter 27. Rufus was Konvitz’s 170-Pound Great Pyrenese who ate the problematic Chapter, forcing Konvitz to successfully rewrite it.^[13]

Konvitz rose to become one of the top independent production executives in Hollywood in the 1980's and 90's, leading two Nasdaq-listed Entertainment companies: Kings Road Entertainment, and Communications and Entertainment Corp./Odyssey Entertainment^[14] Konvitz was at the forefront of a new wave of film-financing in the 1980s. This effective new model, structured financing including gap financing, quickly spread through Hollywood and abroad, and remains a popular strategy for independent film production even today.^[15]

Works

Novels

The Sentinel, 1974
The Guardian, 1979 (the sequel to The Sentinel)
The Apocalypse, 1979
Monster: A Tale of Loch Ness, 1982

Screenplays

Silent Night, Bloody Night, 1972
The Sentinel, 1977
Gorp, 1980

Producer

Silent Night, Bloody Night, 1974
The Sentinel, 1977
Gorp, 1980
Cyborg 2, 1993
Bolt, 1994
Bloodsport 2, 1996
Spy Hard, 1996
2001: A Space Travesty, 2000
O Jerusalem, 2006
The Flock, 2007
Spinning Man, 2018
Under the Silver Lake, 2018
City of Lies, 2018
Berlin, I Love You, 2018

Legal career

General

Konvitz was admitted to the State Bar of California on October 27, 1983. He is, and has been, an active member in good standing since 1983.^[3] His practice consists of entertainment finance law and business and entertainment litigation. He has also written major articles on tax shelter film financing for various legal publications ^[16]

Major Litigation

In 1997, Konvitz was retained by Regent Entertainment as lead finance counsel and the lead litigation council in a dispute with Showtime over the financing of the motion picture Gods and Monsters. The dispute addressed whether or not Showtime could force Regent, under the terms of its domestic license agreement, to release the film directly to television as a Showtime premiere instead of the planned theatrical release. Konvitz and Regent prevailed and the picture was released theatrically. Gods and Monsters went on to garner dozens of awards including an Oscar,^[17] and became an LGBTQ+ film classic for its portrayal of openly gay film director James Whale.^[18]

On August 24, 1998, Konvitz as Plaintiff and co-counsel/pro-se, commenced a lawsuit in the United States District Court, California Central District in Los Angeles against Canadian investment bank, Midland Walwyn Capital, for fraud in a busted public merger. The jury found for Konvitz and judgement was entered against Midland and its successors-interest, Merrill Lynch Canada and Bank of America.^[19] Konvitz vs. Midland Walwyn Capital (United States District-Court/California Central District 8/24/1998) ("Case Number 98-cv-06913").[www.pacer.com/ Text].

Commencing in 2002, Konvitz was retained as lead trial defense counsel representing The Ave Maria Foundation and Thomas Monaghan, the founder of Domino's Pizza, in a motion picture financing collapse wherein defendants Ave Maria and Monaghan were sued in the United States District Court, Central District in Los Angeles. The case was entitled Fulcrum Entertainment and Williams v. The Ave Maria Foundation et al. Defendants Ave Maria and Monaghan prevailed on all counts against it. Fulcrum Entertainment and Williams v. The Ave Maria Foundation et al. (United States District Court/California Central District 8/24/1998) ("Case Number 02-cv-6028").[www.pacer.com Text].

In 2009, Konvitz represented Regent Entertainment and Here Network, the preeminent LGBTQ+ streaming service in a complicated German Tax shelter arbitration before IFTA. Christopher Filmcapital GmbH 6 KG ("Claimant") v. Regent Worldwide Sales, LLC. ("Respondent"), 09-99 (IFTA).

In 2011, Konvitz filed a bank fraud lawsuit in Los Angeles Superior Court on behalf of Blue Rider Finance Inc., ("Blue Rider") a Konvitz-represented, transactional film finance company, against Harbor Bank and various individuals on allegations of bank fraud. Blue Rider Finance inc. v. David Odom et al. (Santa Monica Courthouse 07/26/2011) ("Case Number SC113530").Text Konvitz oversaw companion cases in Illinois and Maryland while securing a judgment against the defendants in this Los Angeles action.

In 2015 Konvitz filed a lawsuit in Los Angeles Superior Court on behalf of Plaintiff Foreign Language Center Inc. et al v. National Geographic, 20th Century Fox and David Hasselhoff et al. The case, which concerned a breach of contract and interference with contract for an ongoing film about the fall of the Berlin Wall, was settled in 2017 before trial. Foreign Language Center INC vs David Hasselhoff et al (Santa Monica 2014) ("Los Angeles Superior Court Case Number BC551154").Text

Since at least 2017, Konvitz has represented Malek Media Group LLC (MMG) and Matthew Malek in a business dispute with AXQG Corp. and Anita Gou, among others. Malek is the principal of MMG, and Gou owns AXQG. The two companies had agreed to start a film production company, Foxtail Entertainment, LLC, but the relationship quickly soured.^[20] The parties arbitrated their dispute, AXQG won, and the Los Angeles Superior Court confirmed the arbitration award and entered judgement. The arbitration was a JAMS arbitration.^[20] Konvitz proceeded to file an appeal on behalf of his client. The appeal of the Superior Court's confirmation judgement of Arbitrator Huebner's final award was partially grounded on the improper exclusion of evidence. The primary challenge, however, arose under Code of Civil Procedure Section 1286.2(6), which requires a potential arbitrator to disclose "grounds for disqualification of which the arbitrator was then aware". The Court of Appeal affirmed the Superior Court judgement.^[20] The State Bar was supplied with all the Appellate Briefs, which were reviewed by State Bar trial counsel. No action was taken. The State Bar closed the file in June 2021.

On December 18, 2013, Blue Rider was sued by Geringer Capital Inc. ("GFI") in Los Angeles Superior Court with respect to a busted financing arrangement on the motion picture, Boot Camp. Blue Rider cross-complained. Konvitz successfully filed a summary judgement motion for Blue Rider against GFI in the trial court but Blue Rider's cross-complaint was dismissed. Geringer Capital, inc. vs. Blue Rider Finance, Inc (Santa Monica Superior Court 2013) ("Case Number SC121803").Text GFI appealed the summary judgement against it to the Court of Appeal, Second Appellate Division. Blue Rider cross-appealed the dismissal. Konvitz was not only trial counsel, but also appellate counsel. The Court of Appeal affirmed the judgement for Blue Rider and overturned the dismissal of the cross complaint. Geringer Capital, inc. vs. Blue Rider Finance, Inc (Santa Monica Courthouse).Text The cross-complaint filed by Blue Rider is still ongoing.

Konvitz is currently Plaintiff's trial counsel on the ongoing Los Angeles Superior Court film finance litigation, among other cases, entitled Trinity Media Financing International Ltd, a film finance company, v. Every Breath LLC et al. Trinity Media Financing International Limited vs. Every Breath LLC, et al. (Santa Monica Courthouse 11/12/2020) ("Case Number 20SMCV01720").Text