November 15, 2024

DealBook: Gundlach Says 2009 Firing Had Roots In 2001

Jeffrey Gundlach, chief of DoubleLine.Jessica Rinaldi/ReutersJeffrey Gundlach, chief executive of DoubleLine.

The bond fund manager Jeffrey E. Gundlach’s clash with his former employer, Trust Company of the West, began as early as 2001 and intensified in the months leading up to his firing, he testified on Tuesday.

In his third day of testimony in his trial against TCW, as Trust Company of the West is better known, Mr. Gundlach said he had clashed with TCW executives years before he was fired in December 2009. TCW is suing Mr. Gundlach and seeking more than $375 million in damages, contending that he used trade secrets and proprietary information from the firm to set up his new company, DoubleLine Capital.

Mr. Gundlach said he began questioning his future at TCW when its parent company, the French bank Société Générale, announced in January 2009 that it was combining its asset-management businesses with those of Crédit Agricole, another French bank, and that it was planning to list TCW on a stock exchange within five years.

Several months before that announcement, Frédéric Oudéa, the chief executive of Société Générale, told a group of TCW portfolio managers that “the asset-management business, I don’t know if I want to be in it,” according to Mr. Gundlach, who adopted a broad French accent while recounting the September 2008 meeting.

But despite his certainty that TCW would be sold, Mr. Gundlach maintained that he had never wanted to leave the firm.

“It would make no sense whatsoever for me, or my team, or my clients, or anyone,” he said, according to a live feed of the Los Angeles court proceedings provided through CourtroomView.

Mr. Gundlach is seeking more than $500 million in a countersuit asserting that he is owed fees from the fixed-income funds he ran at TCW.

On Tuesday, under questioning from his own lawyer, Mr. Gundlach gave a brief overview of his life. He told jurors about his “lower middle-class” upbringing in Buffalo and his decision to enroll at Dartmouth, where he graduated with highest honors in 1981. After graduating, he said, he briefly enrolled in a Ph.D. program in mathematics at Yale but dropped out and moved to California to play drums with his rock band.

After giving up his dreams of music stardom, Mr. Gundlach decided to become an investment banker, inspired by an episode of “Lifestyles of the Rich and Famous” that listed it as a top-paying job. He looked through the Yellow Pages for investment banks, but found only asset-management firms and stumbled into a job interview at TCW, where he began working in 1985.

In his testimony on Tuesday, Mr. Gundlach said that his problems with TCW began in 2001, when the firm was acquired by Société Générale. Mr. Gundlach’s equity stake in TCW was reduced, he said, asserting that this was something that Marc I. Stern, the firm’s chief executive, had promised would never happened.

“I’ve never yelled so much in my life,” Mr. Gundlach said of the incident.

On Tuesday, even while explaining his business conflicts, Mr. Gundlach’s aggressive personality was restrained considerably. He explained that he did not truly think of himself as “the pope,” as has been widely reported, but insisted instead that the nickname was “a third-party term meant as shorthand” within his fixed-income team.

Mr. Gundlach also responded to claims that he had used proprietary data from TCW at DoubleLine, saying he told employees repeatedly that any data taken from TCW should be removed and threatened “serious disciplinary measures, up to and including termination” for those who did not comply.

When Mr. Gundlach was fired, more than 40 of his TCW colleagues went to work for him at DoubleLine.

Earlier in the trial, Cris Santa Ana III, a current DoubleLine employee and one of Mr. Gundlach’s co-defendants in the suit, testified that Mr. Gundlach had told him to begin backing up information in case he was fired from TCW.

Mr. Gundlach will resume his testimony on Wednesday.

Article source: http://feeds.nytimes.com/click.phdo?i=fa77564b5e511b7687e35b450efca2d5

DealBook: Gundlach Says He Made Backup Plans Ahead of Firing

Jeffrey GundlachTim Boyle/Bloomberg NewsJeffrey Gundlach

Jeffrey Gundlach, a prominent bond fund manager, testified on Monday that he began making backup plans in case he was fired by his employer, the Trust Company of the West.

In a civil trial pitting Mr. Gundlach against TCW, as the company is better known, he testified that he had been in talks to move part of TCW’s fixed-income division to the Western Asset Management Company, also known as Wamco, before he was fired by TCW in December 2009. The discussions about hiring Mr. Gundlach were known as “Project Artwork” within Wamco, and Mr. Gundlach’s team was known as “Gallery,” a nod to his appreciation for fine art.

Mr. Gundlach said that he was making plans to leave TCW only because he thought its parent company, the French bank Société Générale, was preparing to sell the firm.

“I thought this was an extremely dangerous development, and I was scared,” Mr. Gundlach said, according to a live feed of the trial in a Los Angeles court that was shown on CourtroomView.

TCW is suing Mr. Gundlach and three other former employees for more than $375 million in damages, accusing them of stealing trade secrets and conspiring to set up a rival firm, DoubleLine Capital. Mr. Gundlach is seeking more than $500 million in a countersuit contending that TCW fired him to keep his lucrative fees from his fixed-income funds.

In his second day of testimony, Mr. Gundlach also said that he offered to buy a 51 percent stake in TCW in September 2009 for $350 million. In e-mails from that month that were shown to the jury, he told a colleague, Barbara VanEvery, that he felt “forever vulnerable” at TCW, where he had worked since 1985.

“Eliminating that vulnerability is the goal now,” he wrote, adding that he had come to this realization during a yoga class.

On Monday, lawyers for TCW sought to show that Mr. Gundlach, who has referred to himself as “the pope” and “the godfather,” was plotting to start his own firm long before he was fired. The seven men and five women on the jury were shown e-mails between Mr. Gundlach and his lieutenant, Philip Barach, in which Mr. Gundlach accused Marc I. Stern, TCW’s chief executive, of trying to drive a wedge between the two men.

“You deserve better. I deserve better. We deserve better. It’s really an easy decision now,” Mr. Gundlach wrote.

“I agree,” Mr. Barach replied. “But at least now we have the luxury of time to plan and prepare.”

When asked about the e-mails, Mr. Gundlach said that he was only referring to the decision to begin making contingency plans.

In Monday’s testimony, Mr. Gundlach also spoke about a trip he arranged to Marfa, Tex., in the western part of the state, for members of his fixed-income team at TCW.

Lawyers for TCW have argued that Mr. Gundlach used this trip to continue planning his departure from the firm.

Jurors were shown e-mails sent by Mr. Gundlach in which he instructed a co-worker to pick up gourmet cheese and sausage for the trip, including a type of gourmet cheese that was made using “2 different milkings.”

Mr. Gundlach said that the Marfa trip was unrelated to any sort of TCW business.

During cross-examination by his lawyer, Mr. Gundlach gave the jury an overview of the mutual fund industry, and spoke about the process of setting up DoubleLine in December 2009, including a partnership he formed with Oaktree Capital Management.

When asked about one of the claims made by TCW, that computerized systems used at DoubleLine to analyze mortgage-backed securities were copied from similar systems at TCW, Mr. Gundlach said the software was like Ernest Hemingway’s novel “The Sun Also Rises” in that once it was written, it would be easily recreated by the author.

He also dismissed claims that the trading systems were central to his investing process.

“I didn’t even have them installed on my workstation,” he said.

Mr. Gundlach’s testimony will continue on Tuesday.

Article source: http://feeds.nytimes.com/click.phdo?i=169e8ef8db145adff7c7259bc5786f3c

DealBook: In Court, Gundlach Chief Denies Using Trade Secrets

Jeffrey Gundlach of DoubleLine Capital testified in a Los Angeles court on Thursday.Pool photo by CVNJeffrey Gundlach of DoubleLine Capital testified in a Los Angeles court.

LOS ANGELES — In a courtroom here, Jeffrey E. Gundlach, one of the most prominent bond managers in the country, on Thursday defended himself against claims that he had planned to sabotage his former employer, Trust Company of the West, by using stolen data and client information to start a competing firm.

“I took my responsibility at TCW very seriously, “ he testified. “I loved TCW.”

The trial involving Mr. Gundlach and TCW, as Trust Company of the West is better known, resembled a breakup tale as Mr. Gundlach detailed his falling out with TCW, which fired him in December 2009. Soon afterward, TCW sued Mr. Gundlach, accusing him of breaching his fiduciary duty and stealing trade secrets to start his new firm, DoubleLine Capital. TCW is seeking more than $375 million in damages.

On the witness stand, Mr. Gundlach, dressed in a gray pinstripe suit and a blue tie, told the jury of seven men and five women that although he and his colleagues had once made preparations to leave TCW, including looking at office space and registering a Delaware corporation, he had “mothballed” those plans by the time he was fired in December 2009.

When a TCW lawyer asked him about a DoubleLine logo he helped design as early as July 2008, he played it down as a “doodle.”

“I’m very interested in the artwork of Piet Mondrian,” Mr. Gundlach said. “I was wondering if I could make a convincing Mondrian.”

So far, TCW’s case against Mr. Gundlach has hinged on testimony that he and his lieutenants took confidential and proprietary data for use at the new firm. Also named as co-defendants in TCW’s lawsuit are former employees Cris Santa Ana, Barbara VanEvery and Jeffrey Mayberry, all of whom currently work at DoubleLine.

All three have all testified that they downloaded TCW information to external hard drives, but have said that none of the data was used at DoubleLine. Mr. Santa Ana has testified that Mr. Gundlach told him to download information, a claim Mr. Gundlach disputed on Thursday. After Mr. Gundlach was fired in December 2009, more than 40 of his TCW team members followed him to DoubleLine.

“Anything that was downloaded, we never used at DoubleLine,” Mr. Gundlach said in a taped deposition that was played for the jury.

The trial is notable for occurring at all. Most financial employment disputes are settled quietly, but Mr. Gundlach said in an interview this week that the settlement offers he received from TCW were “worse than losing in court.”

In a countersuit, Mr. Gundlach is seeking more than $500 million, claiming that he was a victim of a conspiracy to oust him from the firm.

For a case involving the sleepy mutual fund world, the testimony has at times been shockingly personal. So far, witnesses called by TCW have testified that Mr. Gundlach was “a cultural cancer” who referred to himself as “the Pope” and “the Godfather.”

In an interview this week, Mr. Gundlach said he did not expect his aggressive personality to be a factor in the trial.

“The fact that they don’t like me doesn’t mean I’ve breached my fiduciary duty,” he said.

Earlier in the day, Richard Villa, TCW’s chief financial officer, told the jury that Mr. Gundlach had been paid more than $40 million in 2009, the year he was fired, and that he had had earned compensation totaling about $240 million for the years from 1991 to 2009.

A rare moment of levity occurred during the court session when, in his taped deposition, Mr. Gundlach was asked by John B. Quinn, a lawyer for TCW, if he knew of any data at TCW, other than a portable alpha trading system, considered proprietary.

After a long pause, Mr. Gundlach responded, “A recipe in the dining room?”

Mr. Gundlach will continue his testimony on Monday.

Article source: http://feeds.nytimes.com/click.phdo?i=ac576ccefb9b3d8edaaecb5ce622d18e