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Ryan Kavanaugh

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Not to be confused with the Canadian ice hockey player Ryan Kavanagh or the Australian cyclist Ryan Cavanagh.

Ryan Kavanaugh
File:Ryan Kavanaugh 2013 (cropped).png
Kavanaugh in 2013
Born1974 or 1975 (age 49–50)
Los Angeles, California, US
Occupation(s)Businessman, film financier, film producer
Known forFounder of Relativity Media
Spouse(s)
Britta Lazenga
​
​
(m. 2011, divorced)​

Jessica Roffey
​
(m. 2015)​

Ryan Kavanaugh (born 1974 or 1975[1][2]) is an American businessman and film financier. He is the founder and former CEO of Relativity Media.

Early life

Kavanaugh was born to a Jewish family[3][4] in Los Angeles, California, where he was raised in the Brentwood neighborhood and attended Brentwood High School. His mother is a real estate broker and his father a dentist turned businessman, born in Germany. His father changed his surname to "Kavanaugh" before his son's birth.[1][5] Kavanaugh attended UCLA but dropped out in 1996.[6][7] In 2012, Kavanaugh threatened The New Yorker with legal action for its reporting on him, including its report that he dropped out of university. Kavanaugh claimed to have officially graduated from UCLA and to be enrolled in a Ph.D. program at USC. The New Yorker stood by its reporting.[8] A 2015 article by the Los Angeles Times reports Kavanaugh finished his degree in 2012.[9]

Career

Early career

After leaving UCLA in the late 1990s, Kavanaugh founded a small short-lived venture capital firm.[5] The company sustained huge losses and drew a number of lawsuits and threats of legal action from investors, some of whom accused Kavanaugh of fraud. Kavanaugh settled a potential US$5 million lawsuit from Jon Peters. A Los Angeles executive who invested $6.2 million in Kavanaugh's company, on the express condition the funds would only be invested in publicly-traded companies, sued him after learning the funds were invested in private companies instead. An arbitrator found that Kavanaugh was "clearly negligent," and the executive won a $7.7 million arbitration judgment against Kavanaugh. He never received payment because Kavanaugh successfully argued that he was virtually penniless and his business on the verge of bankruptcy at the time of the judgment.[6][10][11]

Relativity Media

Further information: Relativity Media

Kavanaugh co-founded Relativity Media in 2003[6] or 2004[12] with entertainment executive Lynwood Spinks. Spinks had a relationship with Warner Bros. that opened an opportunity for Kavanaugh to broker a deal between the film studio and a hedge fund that would finance Warner Bros. films. As the broker, Relativity Media would then receive a commission for each Warner Bros. film funded by the hedge fund. During the early 2000s, Wall Street investors, who were described as "awash in cash," were looking for investment opportunities outside of the stock market. Relativity Media took advantage of the ready investment funds to broker deals that channeled Wall Street funds to film studios, including Universal Pictures, Marvel Entertainment, and Sony Pictures. For each film financed through their deals, Relativity Media received fees ranging from $500,000[6] to $1 million each.[13] In addition to brokerage fees, Kavanaugh also insisted on being credited in each film as an executive producer, giving Relativity Media the aura of a film production company and allowing him to be reputed as a producer. He also called some of the films involved in his financing deals "Relativity films."[13]

At Relativity Media, Kavanaugh created a monte carlo model that used certain variables to predict the odds of a given film being commercially successful. Kavanaugh held Albert Einstein as his hero and would scribble long equations on whiteboards at investor meetings.[6] Although Kavanaugh frequently cited the model's accuracy rate to be 85%, a source close to Elliott Management, one of the company's principal and earliest lenders, estimated it to be much lower.[14] Investment banks and industry executives have also cast doubt on the model's efficacy.[5]

In 2011, when Relativity Media was desperately short on funds, investor Ron Burkle arranged a series of loans to Kavanaugh's company in exchange for an interest in the company.[6][13] Industry speculation surfaced that Burkle would oust Kavanaugh from Relativity Media in favor of his friend Harvey Weinstein, but Burkle and Weinstein both disclaimed the scenario.[6]

Relativity Media filed for bankruptcy in 2015.[15] RKA Film Financing, then one of its lenders, sued the company for misspending its marketing funds, called Kavanaugh a "con man," and alleged he was operating a "scheme to defraud investors." They also alleged Kavanaugh used their invested funds as a "piggy bank" for personal uses "such as the five personal helicopters purchased by Kavanaugh for his daily commute." Relativity Media denied the money was diverted, saying RKA Film Financing understood the money would go into a general corporate account. Relativity Media countersued for $200 million.[9] Kavanaugh and other defendants filed a motion to dismiss, arguing RKA Film Financing failed to state a claim, and the suit was dismissed with prejudice.[16][17]

Relativity Media's operations and reorganization remained under the supervision of a bankruptcy court until March 2016.[18] Kavanaugh eventually stepped down as CEO at the end of 2016 but held onto a majority equity of Relativity Media.[19]

On May 3, 2018, Relativity Media filed for bankruptcy again and arranged to sell all of its assets.[20][19] The United States Trustee's office argued the bankruptcy seemed to benefit Kavanaugh and the new buyer UltraV Holdings at the expense of Relativity Media's creditors. The Trustee's office advocated for a robust investigation since "[Relativity Media] have apparently been unable to pay even the administrative claims owed under the confirmed [bankruptcy] plan of 2016." Their filing also uncovered that Relativity Media may have paid Kavanaugh $2.6 million between April and November 2016 while the company remained delinquent on payments owed for the first bankruptcy case. The Trustee's office questioned the legitimacy of Relativity Media's sale to UltraV Holdings, saying the sale may have been an arm's length transaction since Kavanaugh continued to have access to computer systems, email, bank accounts, and servers at Relativity Media after the bankruptcy filing stated Kavanaugh had already left the company.[19][21] UltraV Holdings quickly rehired Kavanaugh as a consultant for Relativity Media earning $10,000 per month.[22][19]

In 2018, hedge fund investor Carey Metz filed a lawsuit stating that Kavanaugh defrauded him by conning him into making an initial $10 million investment in Relativity Media in 2013. Metz's suit was an amended complaint from his initial suit that alleged Kavanaugh duped him into making another $2.5 million investment in Relativity Media as the company verged on bankruptcy in 2015. The first suit had been dismissed by a New York bankruptcy judge who determined a release in the bankruptcy reorganization plan barred Metz's cause of action.[23][24][25]

In June 2018, an arbitration case found that Relativity Media executives had fabricated a memo accusing Relativity Media's former co-president Adam Fields of sexual harassment. A forensic audit of Relativity Media found the memo had been generated by a user named "kav kav".[26][27] Relativity Media submitted the falsified memo to court two weeks before Fields's wrongful termination suit against Kavanaugh was set to be tried.[28][29] Fields's lawsuit was alleging Kavanaugh had misrepresented Relativity Media's financial prospects, wrongfully fired Fields four months into his four-year contract, and used Relativity Media office space to produce pornography without the co-president's knowledge or authorization.[30][31] A Los Angeles arbitration judge awarded the maligned former co-president $8.4 million in damages and found that Ryan Kavanaugh "must be" one of the people who forged the sexual harassment memo.[26][28]

Other ventures

In 2017, Kavanaugh launched another film production[32] company called Proxima Media.[33]

In 2019, Kavanaugh announced a prospective partnership would provide $250 million to Proxima Media for film production.[32] However, the potential Hong Kong partner announced the deal differently, saying that Proxima Media would pay $100 million for a stake in their production company. Film industry peers and The Hollywood Reporter cast doubt on Kavanaugh's version of the announcement, citing the escalating trade war between the US and China and the unhealthy financial situation of the Hong Kong production company.[34]

After unsuccessfully attempting to acquire the Hollywood Stock Exchange (HSX) in February 2019, Kavanaugh set out to create a similar trading exchange.[35] In May 2019, Kavanaugh announced Proxima Media's new cryptocurrency whose holders would also have stake in the new trading platform, which was supposed to launch by the end of the year.[36] Kavanaugh was confident Regulation A of the Jobs Act would allow his platform to operate legally, but securities experts said the project's inherent risks might increase scrutiny from the SEC.[37][38] He tapped Elon Spar, who formerly worked for Cantor Fitzgerald, the owner of HSX, to help him develop the company, and the two subsequently formed Entertainment Stock X (ESX) with Spar as CEO.[39][35]

In June 2019, Spar initiated a lawsuit against Kavanaugh for fraud. He argued Kavanaugh persuaded him to go into business under false pretenses. According to the suit, Kavanaugh had claimed hundreds of millions of dollars in capital, but Spar discovered the company had virtually none. Spar further accused Kavanaugh of running a Ponzi scheme at ESX by redirecting investors' funds to pay old debts, manipulating corporate records to conceal his fraud, as well as diverting corporate funds for his own personal use rather than paying employees and contractors. Kavanaugh submitted a counterclaim alleging Spar was breaching his contract with ESX. After settling outside of court, Kavanaugh and Spar withdrew their complaints before the court filing process completed.[33] Spar then released a public statement saying his earlier characterization of the company was inaccurate.[39][35][40]

In 2019, Proxima Media acquired a majority stake in the video-sharing platform Triller, coinciding with the Trump administration's announcement that it intended to ban its more popular Chinese competitor TikTok in the US.[41]

In 2020, Kavanaugh was named in a lawsuit alleging the unauthorized and unlawful use of a patented symbol in Triller's marketing for their Fight Club subsidiary.[42][43]

Films produced

See also: List of Relativity Media films

Kavanaugh was denied the producing credit for the Academy Award nomination of the film The Fighter since the Academy of Motion Picture Arts and Sciences only allows up to three producers to be submitted for Academy Award consideration.[44] Kavanaugh unsuccessfully appealed the Academy's decision.[45] Despite creating and using an algorithm likened to a moneyball approach,[46] Kavanaugh turned down a chance to invest in the movie Moneyball, citing his model's prediction that sports movies are often commercial failures. The film went on to become a commercial success.[47]

Philanthropy

In 2007, Kavanaugh presented Habitat for Humanity with an oversized check pledging $1 million. However, as of 2015, Kavanaugh had not yet donated the promised funds.[48] In 2010, the Board of Governors at Cedars-Sinai Medical Center awarded Kavanaugh its Hollywood Humanitarian Award.[49] In 2011, he received the Anti-Defamation League's Distinguished Entertainment Industry Award.[49][50] In 2013, Kavanaugh became a part owner of FreeHand, a dog food brand that donated to local animal rescue organizations.[51]

Personal life

In 2011, Kavanaugh married ballet dancer Britta Lazenga in Capri, Italy.[9][52] In 2015, he married model Jessica Roffey.[53] He is a member of the Wilshire Boulevard Temple.[54]

Kavanaugh frequently used a personal helicopter for daily commuting. The resulting disturbance prompted some of his neighbors to submit complaints to state and local officials. The hotel Kavanaugh frequently used for landing was discovered to be legally permitted only for emergency landings. When this was revealed, a spokesperson for Kavanaugh expressed his intention to stop landing there.[55]

According to Forbes, while having been previously featured on their billionaires list in 2013,[13][41][56] Kavanaugh's net worth fell below $1 billion once Relativity Media filed for bankruptcy in 2015.[57]

In 2006, Kavanaugh was arrested after being accused by an officer of driving under the influence of alcohol (DUI) and being involved in a hit-and-run. All but the DUI charge (which was lessened to a wet reckless charge) were dropped. Kavanaugh was ordered to pay a $1,404 fine, take counseling and alcohol education programs, and was placed on 36 months probation during which he was required to drive with a 0.0 BAC.[2][5][58]

In 2008, Kavanaugh was arrested for speeding and drunk driving with a suspended license while on probation for his earlier DUI arrest. Kavanaugh plead guilty to violating his probation and the other charges were dropped. Kavanaugh began using a driver.[5][13][59]

In 2012, Kavanaugh was targeted by an extensive extortion plot that was mainly aimed at business executives, including Harvey Weinstein. The perpetrator sent a letter to Kavanaugh demanding $11.3 million and threatening the lives of his family members. A day after receiving the letter, actor Vivek Shah, who had been photographed with Kavanaugh at an event in 2011, was arrested on extortion charges and eventually convicted to seven years in prison.[60][61][62]

In 2013, Kavanaugh was criminally investigated for potentially impeding the manhunt for Christopher Dorner because Kavanaugh had landed his helicopter on a sheriff's helipad during the manhunt. Prior to the investigation, Kavanaugh had declined to support sheriff Lee Baca's bid for reelection, whose sheriff's department launched the investigation.[63][64] The investigation was heavily criticized by Kavanaugh and a spokesperson called it a "politically motivated vendetta".[65] The investigation was later closed after it concluded that Kavanaugh had received prior permission to land there.[66]

Recognition

Kavanaugh was named by Variety as 2011's "Showman of the Year"[1] and placed 22nd on the Fortune 40 Under 40 list in 2011.[67]

References

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