NARRATOR: Previously on Damages.
ELLEN: When Daniel Purcell flipped on the stand,
he humiliated you in open court.
This is all about Ultima National Resources.
If you don't stop them, I will.
Do you want my help?
Yes.
Whatever happened that night in your house with your wife is over.
This is a partnership now.
My legal advice is to eliminate exposure.
Okay.
Did you tell anyone about us?
No.
Let me use the firm's resources to prove that Frobisher had David killed.
(SOBBING)
MAN: This is Detective Rick Messer.
He asked if he could take a look around.
I'm very sorry for your loss.
It's my fault.
I know you're not the enemy in all of this.
(POP MUSIC PLAYING)
Hey.
You're early. I know.
Come in. Want a drink?
No, no. I'm good.
The movie doesn't start for another hour. Where's Mark?
He's gonna meet us at the theater.
I thought you and I could talk first.
Sure. What's up?
What's this?
It's the security deposit from your and David's apartment.
But the lease isn't up for another month.
Yeah, I know,
but they said they could rent it a month early.
They said they were gonna call you.
No. No one called.
(EXHALES)
I'm so sorry. I thought you knew.
My parents have packed everything up, so...
It's all ready to be moved.
I thought that I'd go back there one last time.
Ellen, don't put yourself through that.
The movers can put everything into storage.
It feels like that apartment is all that I've got left of him.
Ellen, don't go back there.
♪ Little lamb ♪
♪ Smile ♪
♪ When I am through with you ♪
♪ There won't be anything left ♪
♪ When I am through with you ♪
♪ There won't be anything left ♪
♪ When I am through with you ♪
We're back with litigator Patty Hewes,
who somehow made it past security with an ax.
And she's looking to grind it.
I've never seen you like this.
Even Arthur Frobisher never inspired this kind of attack.
Arthur Frobisher has nothing on Walter Kendrick.
Kendrick and his company, Ultima National Resources,
have systematically ravaged the environment.
But has the company done anything illegal?
Walter Kendrick is a corporate thug
who's gone out of his way to shield himself from litigation.
Kendrick believes that he can get away with anything.
The tragedy is, so far he has.
I mean, have you ever heard of a toxin called Aracite?
No. Never.
That's because Walter Kendrick doesn't want you to.
He's using it in his facility in West Virginia, and it's poisoning people.
Can you prove that?
UNR did its own study and determined Aracite to be safe,
which is, you know, no big surprise.
But a high-level consultant
from an independent research firm reported otherwise.
And now his wife is dead.
Ms. Hewes, are you implying
that Walter Kendrick is responsible for a murder?
Implying?
I hope that's not what this sounds like, Greta.
I'm stating it outright.
Patty Hewes said a few things on TV.
(SCOFFS) I heard.
You have to take it seriously, Walt.
It's outrageous. She accused you of murder.
She's a madwoman.
Maybe, but people listen to her.
She's a virtual celebrity now.
Riding high on Frobisher. We cannot afford to...
Arthur Frobisher is a narcissistic dipshit
who stumbled his way into billions.
He dumped his own stock with the whole world watching.
Forget Frobisher. This is about Patty Hewes.
We humiliated her in court.
She wants to destroy you now.
We have to shut her up.
WAITER: Your Scotch, ma'am. Thanks.
Send a cease-and-desist order.
It's not enough. The stock price fell today.
I'll set up a meeting with the major shareholders. Reassure them.
Yeah. Regardless, we can't let
Patty's accusations just hang out there.
I want to sue her.
For what?
Obviously for defamation.
We can't get involved in a lawsuit.
That's just gonna keep her bullshit story alive.
What are our options?
Ignore it until she goes away.
Patty's not gonna go away.
She accused you of murder.
(CELL PHONE RINGING)
Is everything taken care of?
Not yet.
Jesus Christ.
What do you want me to do?
Okay.
I think we should sue.
But you're the boss, Walt. It's your decision.
Are you positive UNR is behind Christine Purcell's murder?
Of course not. How could I be?
Then why are you on national television
hurling accusations at them?
To make it personal.
Oh, by the way, I want you to work up
a complete background on Claire Maddox.
I need to know who we're dealing with here.
CLAIRE: What do you think Patty Hewes is up to?
She's on the war path. She's beating the tom-toms.
She's furious because of what I did to her in that courtroom.
And she's gonna do everything she can
to take it out on your company.
Why didn't you ever tell me about your history with her?
It had nothing to do with us.
What else haven't you told me about, Danny?
If I haven't shared things with you,
it's for your own protection.
I'm not your daughter. I don't need protection.
Why don't you come out to the country this weekend?
I don't think I can.
Then when can I see you again?
I don't think you will see me again, Danny.
I see.
It's gotten a little complicated, don't you think?
Your company, my company, Patty Hewes, your wife.
It was a mistake getting involved with you.
Then why did you come here tonight?
To tell you in person.
That was the last time.
Take care.
(CELL PHONE RINGING)
Katie?
KATIE: I'm at the police station.
What is it? I was robbed.
Could you pick me up at the 9th Precinct?
I'll be right there.
I came out of the subway and I walked about a block.
Which direction?
East, I think. And then I took a left.
North. Right.
And then he came up behind me and grabbed my bag.
All right, wait here.
I just need to get some forms for you to fill out.
(EXHALES)
(INAUDIBLE)
Hey, are you following me?
I don't know what you're talking about.
Stay away from me!
KATIE: It was the same guy.
Are you sure?
Look at this. This is the man who was following me.
This was back when Frobisher wanted you
to sign the confidentiality?
Yes. He's a cop.
I think he saw me, Ellen. I don't know what to do.
Okay, all right, just sit down, all right?
Calm down. We'll figure this out.
If this guy traces back to Frobisher
in any way, we will find him.
Okay? I promise.
Yeah, fine, Pam.
I will sign the paperwork tonight.
Hey, hey, you want to knock that off?
All right, I am hanging up. Sorry.
There's a cop I need you to look into.
Why?
He may have something to do with my fiance's murder.
Well, then we can't help you.
Our investigation is limited to Patty Hewes and her firm.
Do it as a favor. I need your help.
We can't.
You're FBI. You can do whatever you want.
Ellen...
I'm telling you this guy may be a killer.
And I'm telling you our hands are tied.
He's right. We are not authorized to do that.
This is bullshit.
I need your help.
Last year, before Katie's deposition, she was being followed.
I remember.
This is the guy.
He's a policeman. He must've been working for Frobisher.
No wonder they haven't gotten anywhere with David's murder.
This is my first real lead.
You told me I could use the firm to go after Frobisher.
My resources are your resources.
Thank you.
Katie Connor saw you?
Yes.
You're sure? Yeah. I'm sure.
What if she talks?
She can't prove anything.
But her friend Ellen Parsons
has been meeting with the Feds.
Since when?
I'm not sure.
Well, Katie Connor made me. So what do we do?
You? You do nothing.
Keep your mouth shut and I'll handle the rest.
Eight-passenger seating. 6.0 liter V8 engine
with hybrid dual-mode transmission.
Better city fuel economy than the Mini Cooper S convertible.
Seriously? Impressive.
Does it have a navigation system?
Oh, absolutely.
It's DVD-based with turn-by-turn directions.
I'll take it.
Do you want to take a test drive?
I said I'll take it.
Great. Let me find my manager. We can talk financing.
We don't need any of that.
I'll pay cash. Sticker price.
Car practically sells itself.
(BOTH LAUGHING)
(CAR ALARM BEEPS)
What do you mean the UNR merger doesn't make sense?
It's bad business. Kendrick overpaid to acquire that company.
Why would the UNR board let him do that?
Because Kendrick makes money.
Every gamble he's ever taken has paid off.
Well, if he overpaid, he must have a way to make that money back.
Yeah. We have to find out what that is.
You aren't concerned about the Feds looking into you?
We'll just watch our step and keep our eyes open.
You know what I'm in the mood for?
What's that?
A fight.
The merger's gone through.
You ready on your end?
Yeah. Let's get going.
I prefer paintings I understand.
Foxes, hounds, bugles, that kind of thing.
All this abstraction looks the same to me.
Mmm.
Well, in this case, Dave, you're right.
This piece of shit is a waste of canvas.
I'm gonna try and claw my way to the ladies'.
And don't sneak out for a smoke. Okay? Think of your heart.
I know, I know. I'll meet you at the seats.
Walt Kendrick. Hey. Arthur Frobisher.
I know.
Yeah, we met once... Oh, shit, where?
Davos.
Yeah, Switzerland, right. Yeah.
The Economic Forum.
Musharraf wouldn't shut up. You remember that?
(LAUGHING)
(EXHALES)
Man, ballet. I can never get into it,
even the dancers, which is kind of odd.
You know, you'd think, what could go wrong
with a pretty girl in a leotard?
But that body type does nothing for me.
I like them a little meatier.
How come you're here? Your girlfriend drag you?
Other way around.
No shit. You like ballet?
I like Balanchine.
Only reason I come to this crap hole of a city is for the culture.
Yeah, that's right. I thought West Virginia was your roost.
I've been spending more time up here.
Since the merger? Yeah, of course.
Congratulations, by the way.
Sailed right through the Trade Commission.
I've been watching your stock.
Too bad about today's little dip.
Volatility is part of the game.
Oh, of course, you'll bounce right back.
But Patty Hewes won't let us forget about you.
Slinging shit like that all over the airwaves.
What the hell did you do to her anyway?
Never even met her.
Wow.
Well...
Take this from me. Don't engage with her.
You step into the ring with that woman,
she'll cut your balls off and jam them down your throat.
My advice?
When she straps one on, bend over, bite down hard, and just take it.
(CHUCKLES)
Anyway, it's good to see you.
Claire, it's me. Sue the bitch.
Here's what I got on Claire Maddox.
Duke Law School, Supreme Court clerkship,
blah, blah, blah, blah, blah.
Spends three years at a white-collar firm in DC
and then is hand-picked by Kendrick
to join the UNR legal department.
She spent the last 18 years there.
Doing what?
Kicking ass, mainly.
Starts in Litigation working antitrust,
but quickly gets bumped up to Associate General Counsel.
Kendrick championed Maddox. He took her under his wing.
She's the only female attorney in his company.
Then he added "Vice-President" to her title,
but that's not all. There's rumors.
About?
A relationship between Kendrick and Maddox
that is less than professional.
Interesting.
But not substantiated.
Anything else?
Yeah.
I'm sorry, I fail to see the strategy
in calling Walter Kendrick a murderer on national television.
I'm trying to drive down their stock price.
(DOOR OPENS)
FEMALE ASSISTANT: Ms. Hewes, it's urgent.
Yes? Patty Hewes?
You've been served.
What is it?
(CHUCKLES)
It's a defamation suit.
UNR is suing me for $200 million.
(SIGHS)
ELLEN: You're leaving?
Yeah. I just got called in.
I'm gonna see you later.
I love you.
I love you, too.
You're gonna look sexy when you're bald.
(LAUGHING)
(ELLEN SCREAMS)
Sorry, I didn't mean to frighten you.
I don't know if you remember me.
I live in 5E. I'm president of the co-op board.
Yeah. Yeah, I know who you are.
I'm very sorry for your loss.
I never really got to know David,
but he seemed like a great guy.
Anyway, this was delivered a while back.
I didn't have a phone number for you
and you didn't leave a forwarding address,
so I've been hanging onto it.
Thank you.
(DOOR OPENS)
(DOOR CLOSES)
The statements Ms. Hewes made were true
and therefore she has an absolute defense.
Ms. Hewes claimed my client murdered a woman,
a woman whose actual killer was incarcerated.
There's absolutely no way she can prove her allegations.
All right, slow down.
This is true?
Your client believes Mr. Kendrick murdered this Christine Purcell?
Not with his own hands.
But, yeah, Ms. Hewes believes
that Mr. Kendrick commissioned this murder.
And what do the police think of that theory?
The man who was arrested for Christine Purcell's murder, Kevin Walker,
was killed in prison.
Assistant DA Deevers is looking into his death.
And has found nothing.
So now you're accusing the plaintiff of two murders?
The claim my client made, the subject of this suit,
is the murder of Christine Purcell.
CLAIRE: Mr. Kendrick has never been accused
or even questioned by the police
about either of these deaths.
We'd be happy to present our own evidence
that Mr. Kendrick was involved.
Your own evidence?
This is an obvious stunt to present their own so-called evidence
as a way of further defaming my client.
Ms. Hewes, do you have a response to that?
I defer to my attorney.
All right, listen. I was tasked by the judge
to encourage a settlement here.
So let's get to it. What's it gonna take?
Well, Ms. Maddox should consider this:
if she pursues this action,
our only defense is to prove these murder accusations.
Does she really want that aired in open court?
And I think Mr. Shayes should consider this:
if he can't prove my client was responsible,
a jury is going to ram a $200 million bill up his client's ass.
Well, it seems to me you both have incentive to come to terms.
(KNOCKS ON DOOR)
Are you busy?
I'm just doing some red-lining for Tom. Why?
I'm starving.
David used to do most of the cooking for us.
Phil's out of town. Just in case you think I'm neglecting him.
He goes away so much. It must be hard.
So is UNR serious about this defamation suit,
or are they just trying to intimidate you?
Walter Kendrick is serious about everything he does.
We want his stock price to keep falling, right?
Yeah, but the judge has ordered the case into mediation.
He wants us to settle.
Do you have any idea what else Kendrick is up to?
No, not yet.
WALTER: Use the keys I gave you.
You told Patty that I saw the guy?
I know how you feel about her,
but she has resources we can use.
So what have you found out?
Nothing yet. But I'm gonna hear something soon.
El, are you okay? What's going on?
I went back to the apartment.
What? Why?
I needed to see it again.
When I was there I got a package. It was from David.
What are you talking about, Ellen?
He ordered it before he died.
It was delivered to the building.
What was it?
It was my wedding present.
Oh, my God.
What did he give you?
I don't know.
I can't bring myself to open it.
I think I know what Patty Hewes is angling for.
Tell me.
We both know why she went on television.
To drive our stock price down.
Yes, but I've been thinking.
Her real goal may be to file a lawsuit
on behalf of our shareholders.
She'll claim that the stock took a hit
because of the merger and poor management.
Well, I've already reassured our shareholders.
And everyone's in line.
Patty can't sue us without a plaintiff.
I think we should settle the defamation suit before she finds one.
Why let her off the hook?
She knows she can't beat me in court.
Right. So she'll be motivated to make a deal.
No. She picked this fight. I'm not letting this slide.
Walt, our stock won't recover
until Patty retracts her statements.
I think we let her off easy financially,
provided she admits that she had no basis for her accusations.
That way we neutralize her statements and avoid a long trial.
Walt, everyone's got dirty laundry.
Do you really want Patty Hewes going through yours?
Don't give her any more time to find a plaintiff.
What are you doing for dinner?
(SCOFFS) That's your answer?
I don't want to talk about this anymore.
I'm getting together with friends tonight. You want to come along?
You need to decide. Are you going to settle or not?
You'll have my answer by dessert.
(ALL LAUGHING)
Ah! There's my lawyer.
Excuse me? What's your poison?
Vodka martini, dirty, extra olive.
I put you over there next to Mitch.
Mitch McCullen, Claire Maddox.
Hello.
Lovely to meet you, Claire.
Nice to meet you, too.
Demographically, the entire nation is changing.
We'll all be in the minority by 2040. But it's not just us.
The entire balance of power in the world
is swinging hard towards Asia.
How does that make you feel?
Me, personally?
There is no one more endangered
than the American Caucasian male.
(LAUGHS)
Excuse me. I've gotta make a call.
WAITER: Your Manhattan.
I ordered an old-fashioned.
Are you sure?
He ordered an old-fashioned.
Forgive me, sir. I'll be right back.
Doesn't seem too difficult.
You'd think he'd get one drink right.
I'm gonna stretch my legs.
Would you like some company?
Oh. I'll just be a few minutes.
So, what do you think?
I would've worn a shorter skirt
if I'd known I was getting pimped out.
Oh, come on, Claire.
Mitch lost his wife three years ago in a car accident.
He's not just looking for a roll in the sack.
Of course, it doesn't hurt he's got his own island.
I don't need help with my personal life, Walt.
Give the guy a chance.
Okay, I will
if you give me an answer about the settlement.
Our stock is still dropping. Have you made up your mind?
I'm telling you, Walt, Patty's gonna file a shareholder's suit.
Okay. Settle.
(SIGHING) It's a part of Internal Affairs
called the Citizens Review Board.
I filed a complaint.
A complaint? You can't trust the police with this.
What was I supposed to do?
I told you I would handle it.
And nothing happened.
His name is Eliot Tolken.
He's been disciplined a half-a-dozen times for excessive force.
Each time he keeps getting reinstated.
Someone in the department is clearly protecting this guy.
And can you get him arrested?
There's nothing to arrest him for.
So Patty can't help me then, can she?
We want to trace this guy back to Frobisher,
then Patty's the one to do it.
What is it with you and that woman? Katie...
David's murdered, and you go right back to working with her.
You don't understand. All I know is,
if you had never met Patty my brother would still be alive.
You don't have to blame me, okay?
I spend enough time blaming myself.
Do you? Really?
Yes. And I am trying to make things right.
How?
I can't explain it all.
This is such bullshit.
And you accuse me of not dealing with reality?
I know what I'm doing, Katie. Okay?
This is over your head. Unbelievable.
I'm sorry, but there are bigger things going on here.
Things that you wouldn't understand.
Right, because you're a lawyer and I'm an idiot.
Look, Katie, you got a pretty shitty track record
of your life decisions,
so please just let me handle this.
Go to hell.
Can you zip me?
Should I put on some music? What do you like?
I like silence.
You smoke?
I used to.
Now I only smoke one at the end of every day.
Only one? Only one.
No thanks. I smoke it alone.
That guy did order a Manhattan, by the way.
(CAR ALARM BEEPS)
(ENGINE STARTING)
Ten million to Mr. Kendrick's preferred charity.
Three.
Eight.
TOM: Four. CLAIRE: Seven.
TOM: Five.
Five is fine.
I think we have an agreement.
Always nice when cooler heads prevail.
What is the charity?
The NRA.
(WALTER LAUGHING)
She's kidding. It's Environment First.
A local West Virginia organization.
It's perfect.
So, if you'll sign the memorandum of agreement
we can send it right on up to the judge.
PATTY: Five million to charity. I feel good.
TOM: I'm surprised, it could've been a lot worse.
They could've destroyed us in court.
The only reason they settled
was to stop their stock price from hemorrhaging
before we could find a plaintiff.
Too late.
Claire Maddox. Yes.
You've been served.
What is that?
A lawsuit.
Patty Hewes has just sued us on behalf of a major UNR shareholder.
Who?
Thank you for your discretion.
I didn't want all of my associates to know we're working together yet.
You're welcome.
I think your little tete-a-tete with Kendrick
gave him the extra push we needed.
Listen, I will be your plaintiff,
but we're not friends. I don't like you.
Well, I'm just glad we could help each other out.
I'm in this for me.
Understood.
ANSWERING MACHINE: Hey, this is Katie. I'm not here. Leave a message.
(ANSWERING MACHINE BEEPS)
Katie. It's me. Please call me back.
I'm so sorry. We need to talk.
(PHONE RINGING)
Patty?
I found a UNR shareholder
who's willing to sue the company.
That's good news.
Claire Maddox will try to get it thrown out of court,
but if we can get to the discovery phase
we can find out what Kendrick is hiding.
I look forward to it.
How are things going with Katie?
Good. Yeah, fine.
The policeman she saw. Hopefully he'll lead back to Frobisher.
Shit. She filed a complaint?
It's not an issue. I have friends in Internal Affairs.
If the CCRB kicks it upstairs
we'll find a way to make it disappear.
All right.
But that doesn't mean the problem goes away.
That's what I'm saying.
We need to do what we should've done a long time ago.
Right.
MESSER: You really should lock your door.
(GROANS)
Where is the goddamned videotape?
I don't know.
What about David Connor?
Do I have to worry about him?
No.
There's nothing that can get back to you.
(SHOWER RUNNING)
ELLEN: ♪ Just for a thrill ♪
♪ You changed the sunshine to rain ♪
♪ Just for a thrill ♪
ELLEN: Wes? Is that you?
(CONTINUES HUMMING)
Wes?
♪ When I am through with you ♪
♪ There won't be anything left ♪
♪ When I am through with you ♪
♪ There won't be anything left ♪
♪ When I am through with you ♪