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A jury has handed down a mixed verdict in the trial of a Broadway press agent accused of scaring off an angel investor who stood ready to save the ill-fated production Rebecca — The Musical. After two days of deliberations, a six-person jury in Manhattan Supreme Court cleared publicist Marc Thibodeau of defamation but found him liable for tortious interference with prospective business relations. Rebecca Broadway v. Hotton, 65369/12.
Thibodeau already had been found liable by Commercial Division Justice Jeffrey Oing, at the summary judgment stage, for breach of his agent contract with Rebecca.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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