Phenomenon Marketing & Entertainment, LLC
Opinion
Trial Court Opinion
I. Facts and Summary of Pleadings
On January 10, 2022, Phenomenon Marketing & Entertainment, LLC (“Phenomenon”) filed a voluntary Chapter 11 petition and elected treatment under Subchapter V. Phenomenon is a marketing agency. On February 9, 2022, Phe.No LLC (“Phe.No,” and together with Phenomenon, the “Debtors”) filed a voluntary Chapter 11 petition and elected treatment under Subchapter V. Phe.No holds a 100% interest in Phenomenon. Ranvir Gujral (“Gujral”) signed the petitions of both Debtors. On August 30, 2022, the Court entered an order providing for the joint administration of the Debtors’ cases.6 In 2019, Krishnan Menon (“Menon”) became the Chief Executive Officer of the Debtors. On July 19, 2019, Menon entered into an executive employment agreement (the “EEA”) with Phe.No. On March 11, 2021, Menon’s employment with the Debtors was terminated. On July 20, 2021, Menon commenced an arbitration proceeding (the “Arbitration”) against the Debtors and Gujral. In the Arbitration, Menon asserts claims against the Debtors for breach of the EEA, breach of the covenant of good faith and fair dealing, failure to pay wages, and intentional infliction of emotional distress. Menon has…