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Friday, June 15, 2012

Update on Golden Globes Contract Dispute

220px-Dick_Clark_American_Bandstand_1961I previously blogged about the parol evidence rule and interpretation issues at the heart of a dispute between Dick Clark Productions ("DCP") and the Hollywood Foreign Press Association ("HFPA") over broadcast rights for the Golden Globes.  I now have two updates.  

First, the District Court has ruled in favor of DCP in a 89-page opinion posted here by the Hollywood Reporter. Pages 65-78 contain the arguments and holdings regarding the "plain meaning" of the modified contract and the use of extrinsic evidence (citing the commonly-used PG&E case).  Pages 79-81 review HFPA's argument that there was no consideration for the modified contract.  The opinion even contains a helpful discussion of mistake at pages 81-83.   

The second update is that Dick Clark Productions reportedly is up for sale (less than two months after Dick Clark's passing).  It would be interesting to see the DCP-HFPA contract provisions regarding assignment and change of control.  Perhaps there will be a post-sale lawsuit as well.  

Ultimately, I predict that this case appears in Contracts casebooks very soon.  The combination of issues, the high profile nature of the dispute, and the short contractual provision itself, all make it a great candidate. As one lawyer said to the LA Times,"So much litigation over 12 words...."  

Stay tuned (pun intended).

[Heidi R. Anderson]

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