Entertainment & Sports
Apr. 7, 2006
Courts Need to Constrain Fiduciary Duty to Narrow Class of Relationships
Forum Column - By Marty Katz and Lisa Stutz - For 40 years, the entertainment industry was plagued by dicta - from cases that determined that no breach of fiduciary duty occurred - suggesting that a "duty to account" gave rise to a fiduciary duty. See, e.g., Waverly Productions Inc. v. RKO Gen. Inc. , 217 Cal.App.2d 721 (1963), in which the court wrote: "We think it is clear that RKO was not a fiduciary with respect to the performance of the terms of this contract (except as to accounting for
By Marty Katz and Lisa Stutz
For 40 years, the entertainment industry was plagued by dicta - from cases that determined that no breach of fiduciary duty occurred - suggesting that a "duty to account" gave rise to a fiduciary duty. See, e.g., Waverly Productions Inc. v. RKO Gen. In...
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