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Sony Can't Enforce Agreement With EMI Executive

By Noeleen G. Walder

A New York Supreme Court judge has thrown out a suit by Sony Music Entertainment against a competitor record company and one of the competitor's top executives, who allegedly breached a $3 million employment contract with Sony. Sony Music Entertainment Inc. v. Werre, 601441/09.

Sony claimed that Ronn Werre, the chief operating officer of EMI's North American operations, used the agreement with Sony as a “stalking horse” to win a more lucrative deal with British-based EMI. But in March, New York County Supreme Court Justice Bernard Fried dismissed the action, holding that Sony had no right to enforce the agreement with Werre because “the contingency set forth in paragraph 2 therein, namely Werre's availability for employment on April 1, 2010, did not occur.”

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