Penthouse Asks Judge to Dismiss Claims Over AFF Venture

LOS ANGELES — Penthouse Media Group attorneys are seeking dismissal of a case filed by Broadstream Capital Partners, which alleged the adult publisher and licensor breached a deal to acquire Various Inc. as a joint venture.

Penthouse purchased Various in a cash-and-stock deal for $500 million last December. Various owns and operates AdultFriendFinder.com and dozens of other social-networking sites.

In its suit, originally filed in Los Angeles Superior Court in December and moved to U.S. District Court in February, Broadstream alleged that Penthouse committed breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty and constructive fraud.

Penthouse filed a motion last week to dismiss four of the five counts, and said it “intends to file a motion for summary judgment respecting [Broadstream’s] first purported claim for breach of contract after taking discovery.”

In a filing obtained by XBIZ on Monday, Penthouse hinted that it would challenge the breach of contract complaint by focusing on the nondisclosure agreement portion of the original deal, claiming that it is unenforceable.

So far, attorneys for both sides have made two attempts through telephonic discussions to try to resolve the case, with the latest held two weeks ago after Broadstream amended its original complaint.

Broadstream in the suit asserted that during the bidding process, Broadstream “learned that Penthouse directly contacted Various to put in a separate bid,” and “ultimately submitted a bid that was higher than the offer from Broadstream and converted this business opportunity from an opportunity for the joint venture to an opportunity for Penthouse alone.”

The effective date of the agreement as listed on the agreement attached as an exhibit to the complaint is Dec. 20, 2006. Penthouse publicly announced its acquisition of Various on Dec. 12, 2007.

Broadstream, in its amended complaint, said that Penthouse CEO Marc Bell at one point denied that his company entered into a contract with Broadstream, “claiming instead that the agreement was with one of Bell’s other companies.”

Broadstream said in each of its four claims that the damages would be “believed to be in excess of $20 million.”

Both parties are slated to face Judge Valerie Baker Fairbank on the motions to dismiss when they meet at U.S. District Court in Los Angeles on May 19.

Attorneys for both Penthouse and Broadstream were unavailable for comment at post time.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

TeamSkeet, MYLF to Launch New Website FamilyStrokes.com

Sister studios TeamSkeet and MYLF are launching a new website, FamilyStrokes.com.

AV Bulletin: Age Verification Hits the Mainstream, Ofcom Sets a Date

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Segpay Names Kristi Greer VP of Sales

Segpay has promoted long-time employee Kristi Greer to the position of vice president of sales.

BranditScan Names Subgirl Newest Brand Ambassador

BranditScan has named content creator Subgirl its newest brand ambassador.

Arcom Reports Age Verification Enforcement Actions Against 5 Adult Sites

French media regulator Arcom released a statement Tuesday detailing recent actions to enforce age verification rules as set forth under France’s Security and Regulation of the Digital Space (SREN) law.

Pineapple Support, Clips4Sale to Host Performers' Partners Support Group

Pineapple Support and Clips4Sale are hosting a free online support group for partners and family members of adult industry professionals.

FSC Mourns the Loss of Board Director Emeritus Mark Kernes

Free Speech Coalition has released a statement regarding the passing of Board Director Emeritus Mark Kernes.

Alexa Creed Launches New Paysite

Creator Alexa Creed has launched a new membership site through MyMember.site.

Choice Talent Management Launches Fan Platform 'ChoiceFilmz'

Choice Talent Management CEO Chris Crisco has launched a new fan platform called ChoiceFilmz.

Dredd to Launch Official Site

Dredd has announced his new website OfficialDreddXXX.com, launching April 20.

Show More