Mr. Hollings provided Internet strategy and marketing services that included oversight and direct involvement in the creation, maintenance, support and operation of websites for the project known as "The Secret". In April, 2006, after the website's launch, Mr. Hollings sent an invoice requesting his 10% share of the gross margins pursuant to the terms of his agreement with Ms. Byrne. According to Hollings, The Secret sent numerous communications assuring that payment was forthcoming. Defendants have failed to pay Mr. Hollings, an amount which he now believes to be in excess $3,000,000.00.

Heriot claims it was the intention of both Byrne and Heriot that they were co-creators of The Secret and would be so credited.Heriot also claims that Byrne had entered into a scheme to fraudulently transfer intellectual property rights in The Secret, to defraud Heriot and Drew Pictures of their investments and intellectual property rights in The Secret, to market The Secret and planned derivative works as the sole creation of Defendant Byrne, and to misappropriate Drew Pictures' copyright in the Rundowns, 2hr Paper Edit, Transcripts, and other materials authored by Heriot to create unauthorized derivative works.