Tactical Litigation - Case Studies

Tactical Litigation - Case Studies

You may be fulfilling your contract with another party, delivering on what you promised, but if the other party decides they want out, increasingly tactical litigation as "breach of contract" is their exit clause. Such litigation is often financially expensive and ruinous for business reputation.
 
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Case Studies

Case Study 1

Hired to produce promotional material for a drink brand’s sponsorship of a European festival, the advertising agency created promotional packaging using an image of a 1960s model.

This agency sourced their picture from a reputable supplier of licensed stock photography. Unfortunately, once the promotional material was displayed on packaging at the event, the model’s legal team were soon in contact to claim that the image used was not subject to any image rights release. Their demand? A retrospective licence fee of $200,000 and a percentage of the multi-million profits of the brand.
The image licenser denied all liability and, in any case, the terms of the contract between them and the advertising agency limited any claim against the image licenser to $6,000. The advertising agency found itself facing the prospect of a substantial claim even if it was indirectly responsible, with little chance of recovering much of their legal costs from the image licenser

Read the full case study here.

Case Study 2

A software developer,  identified an opportunity to launch and market a new product focused on the financial services sector by offering the same functionality as an existing product but ‘doing it better’. The software product was to be developed on a new platform incorporating modern architecture, which required specialist development skills.

A team of developers was hired from a rival company which had a significant share and presence in the market. One of those developers emailed a number of software development scripts from his work email address to his personal Hotmail address a couple of days before leaving the rival company to join our client.

The initial investigation revealed that the email indiscretion could be explained. It also turned out that the scripts were open source, which means they were freely available in the public domain and not owned by the rival company.

The full case study can be found here.

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Photo of Hanna Beaumont FIRM

Hanna Beaumont FIRM

DIRECTOR, SCIENCE AND TECHNOLOGY

Direct Dial: +44 (0) 1223 200664

Mobile: +44 (0) 7795 473071

Email: hanna.beaumont@laplayainsurance.com

Twitter: @HannaBLaPlaya