Thursday, March 2, 2006
Without having seen Stern's contract, I can't speak to the breach of contract claims. The misappropriation and fraud claims, however, raise basic and generic issues of an agent's fiduciary duties. Under those principles, it looks like CBS has a very strong case.
Prof. Bainbridge's analysis of the agency issues can be found here. I still have yet to locate a copy of the entire complaint.
[Meredith R. Miller]