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Entertainment & Sports

Apr. 26, 2002

A Party Can Sue for a Breach of Agreement to Negotiate Further

Focus Column - By John M. Genga and Sean A. O'Brien - In a case of first impression, a California Court of Appeal has held that a party to a commercial transaction can sue for breach of an agreement to negotiate even if the parties never reach a final agreement. See Copeland v. Baskin Robbins U.S.A., 117 Cal.Rptr.2d 875 (Cal.App. 2002). If the decision stands, it will surely affect the entertainment industry, where parties commonly leave key terms "to be negotiated in good faith."

        Focus Column

        By John M. Genga and Sean A. O'Brien
        
        In a case of first impression, a California Court of Appeal has held that a party to a commercial transaction can sue for breach of an agreement to negotiate even if the parties never reach a final agree...

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