Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Arbitration Clause Doesn't Cover Dispute Over Movie Payments
The U.S. District Court for the Southern District of New York decided that a suit, alleging a distributor of made-for-TV-movies failed to pay amounts owed the films' producer, wasn't subject to an arbitration clause in the parties' distribution agreement. MAT Movies & Television Productions GmbH & Co. v. RHI Entertainment Distribution LLC, 10 CIV. 1405. The distribution contract stated that MAT and RHI would arbitrate “any dispute between the parties hereto with respect to this Agreement.” But after a dispute arose over the monies RHI owed MAT, the distributor and the producer entered into a settlement agreement that provided for an audit by PricewaterhouseCoopers ' and arbitration in the event that either MAT or RHI “disputes the Audit Amount.” MAT later sued claiming that RHI breached the settlement agreement by not paying MAT installments of the audit amount.
Allowing the suit to proceed, District Judge Sidney H. Stein noted that “in this action neither party disputes the Audit Amount or even suggests that plaintiff's claim falls within the Settlement Agreement's narrow arbitration clause. Instead, this motion [by RHI to dismiss MAT's suit or stay it pending arbitration] turns on whether the broader arbitration clause in the earlier Distribution Agreement applies to a claim alleging breach of the later Settlement Agreement.”
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.