Civil Litigation,
Entertainment & Sports,
Contracts,
California Courts of Appeal
Dec. 18, 2017
Incontestability clauses and profit participation claims
The 2nd District Court of Appeal ruled earlier this year that profit participants could not rely on the discovery rule to bring breach of contract claims after the expiration of a contractual deadline in their negotiated profit participation agreement.
In agreements between studios and participants in the allocation of film and television profits, contractual limitations terms shortening the four-year statute of limitations for breach of contract claims are common. But lengthy audits of a studio's records are often necessary to determine whether the studio's accounting complies with a profit participation agreement.
This year, in Wind Dancer Production Group...
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