A lawyer in Colorado has filed a lawsuit against his old firm. That’s not, in itself, surprising. Law firm breakups happen all the time, usually over money or generalized ill-will over management clashes.
So what’s going on with Tannenbaum v. Trost, a complaint recently filed in Denver?
15. Mr. Tannenbaum opened a law practice in 2010.
16. In 2014, Tannenbaum and Trost decided to form a law firm together.
17. Tannenbaum and Trost operated the law firm together until 2015, at which point they invited a third partner, Robert E. Burk, a friend of theirs from Law School.
18. Thereafter Tannenbaum, Trost and Burk ran the firm, equally sharing duties, profits to Tannenbaum’s knowledge at the time.
So far, so good…
19. Unbeknownst to Tannenbaum, Trost and Burk were simultaneously using the firm’s offices and resources to film pornography which was distributed for significant profit using various websites including but not limited to TheBackroomCastingCouch.com and pornhub.com.
Remember that time in The League — the brilliant FX show following the shenanigans of a fantasy football league — when Andre finished last and his assigned “punishment” involved the gang secretly filming a porn movie in his well-appointed loft? Perhaps I was too quick to judge that plot as too difficult to believe.
Tannenbaum also claims that his partners’ filmmaking efforts “made it a point to ejaculate onto the possessions of Mr. Tannenbaum.” Friends, this is why work-from-home policies are so important.
But it’s not just about the porn:
21. Despite using their law firm’s money, office space, and network for production of their videos, Trost and Burk did not inform Tannenbaum of their activities.
22. It follows they did not share any of the substantive revenues they made from their production, though the operating agreement of the firm requires them to do so.
Fun fact: Cravath’s partnership agreement also explicitly requires sharing porn profits.
While the porn allegations make for quite the lede, the complaint takes a sad and serious turn from there. Hopefully this is a case that can be resolved amicably and the folks involved get access to the resources they need.
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.