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The New York Supreme Court, New York County, ruled that the statute of frauds did not bar a lawyer's claim for payment commissions for representing a TV personality under an oral retainer agreement to negotiate future-season TV episodes work. Kastner v. MacLean, 100379/2011. New Jersey attorney Drew Kastner sought a 15% commission from New York-based personality Malcolm MacLean. In defense, MacLean and his companies raised N.Y. Gen. Oblig. Law (GOL) '5-701, which in part prohibits enforcing agreements that can't be performed within one year. But County Supreme Court Justice Lucy Billings noted in an unpublished opinion: “While the statute of frauds would bar plaintiff's claims seeking compensation for negotiating a business opportunity, as the statute of frauds applies to implied or express contracts, ' GOL '5-701(a)(10) specifically exempts from its application 'a contract implied in fact or in law ' to pay compensation to ' an attorney at law.'” Meanwhile, Judge Todd J. Campbell of the U.S. District Court for the Middle District of Tennessee, Nashville Division, has permitted attorney Chad Etheridge to intervene in litigation in which plaintiff James Martinez sued country artist Tim McGraw and others for song copyright infringement. Etheridge charges that Martinez hired him as counsel but then fired the lawyer without cause. Judge Campbell further decided, however, that resolution of Etheridge's claims against Martinez for breach of contract and related causes of action must be stayed “until the underlying litigation is completed.” Martinez v. McGraw, 3-08-0738.