Suit over License Agreement
BUSINESS LITIGATION SESSION
Gordon Harris and Massachusetts General Physicians Organizations Inc. ("MGPO") are suing Imaging Advantage LLC, a company with which MGPO entered into a license and service agreement with respect to certain 3D techniques and technologies apparently related to radiological imaging. Under the agreement Imaging Advantage (and its subsidiary, Tele3D) paid royalties to use the 3D technologies, and was required, under certain circumstances, to pay "Exit Royalties" upon the occurrence of a "Liquidity Event." According to the complaint, two Liquidity Events occurred: Imaging Advantage dissolved Tele3D, and, separately, Imaging Advantage was acquired by Envision Healthcare Corporation. Of course, Imaging Advantage has not paid any of the $750,000 in Exit Royalties plaintiffs claim is due, and also allegedly wrongfully used the plaintiffs' names, trademarks, or logos.
Wahlbergs are Back in Court
BUSINESS LITIGATION SESSION
In their quest for fame, the Wahlberg boys must be happy to know that they have repeatedly made it into the BLN. That's BIG! This time Paul Wahlberg and Wahlburgers Holding Co. are seeking a declaration that they do not owe any licensing fees to Edward St. Croix regarding the domain name "www.wahlburgers.com." St. Croix, along with Paul Wahlberg and Mark and Donnie Wahlberg, founded Wahlburgers in 2011. In 2012, however, St. Croix was removed as manager and Wahlburgers filed a suit against him. That suit was settled shortly thereafter, and the settlement agreement confirmed that there were no other agreements or claims that St. Croix could enforce against Walhburgers. Later, in a separate suit, St. Croix was sued in connection with a restaurant venture that St. Croix and Paul Wahlburger were a part of, Alma Nove. As part of the settlement of that suit, St. Croix released any claims he may have had against Paul Wahlburger. After the resolution of both those suits, St. Croix disclosed for the first time that he had registered as the administrator for the domain name "www.wahlburgers.com" and asserted that he was owed fees under a licensing agreement (executed in 2010) that he claims Paul signed. Paul, on the other hand, claims he never signed the agreement, and that in any case, the licensing agreement is not enforceable as a result of the later executed settlement agreements.
Family Florida Real Estate Dealings Turn Unfriendly
BUSINESS LITIGATION SESSION
Elliot Lobel, a founding partner of Prince Lobel Tye LLP, along with his wife and three children, is suing his brother-in-law and his wife, Graham and Elizabeth Zug, seeking a declaratory judgment as to the enforceability of an agreement for certain real estate transactions. According to the complaint, Lobel, and his family were, for years, close with the Zugs, and the families would vacation together and participate in real estate opportunities together - sometimes not fully committing their agreements to formal writings as a result of the level of trust between the families. One of those opportunities included real estate in Florida where the families purchased two adjacent lots (lots 19 and 20), and half of a third adjacent lot (lot 18). According to the complaint, the families, which jointly owned all of the lots, decided in 2015 that the Lobels should become the sole owners of lot 19, the Zugs should become the sole owners of lot 20, both would continue to jointly own lot 18 and that the Lobels would make a $600,000 payment to the Zugs to make up for the difference in value between Lots 19 and 20. All the details were allegedly agreed to in November 23, 2015 email. Earlier this year, however, when the closing was to occur, the Zugs refused to sign, insisting that the Lobels should also purchase their interest in lot 18 (and also be responsible for the Zugs' financial obligations on a completely separate property).
