Your client is sued for failure to pay on a contract and says it shouldn’t have to pay because the prices were fixed by a cartel or that it was strong-armed into paying for a “bundle” of services or distribution channels even though it only wanted a subset of the
Commercial Litigation
Switching Consumer Device to Ad-Supported Environment Is Not Deceptive under New York Law
By Jennifer R. Scullion on
If your company sells a smart device to a consumer, can it later turn the device into a paid advertising platform? Can it do so without advanced disclosure? A recent court ruling suggests the answer is “yes,” at least in New York.
Cable Network May Proceed with Claims Against Distributor on Theories Beyond Written Contract
By Jennifer R. Scullion on
2015 and 2016 saw a wave of transactions among cable, satellite, and other linear programming distributors: AT&T & DirecTV, Altice and Suddenlink, etc. That transactional wave is beginning to spawn a litigation wave, principally over interpretation and application of the pre-existing licenses and contracts between networks and distributors. A recent…