Summary of Facts
Steam Sweet (“SS”) is a legendary New York-based drill rapper that just released his third album which reached number one (#1) on the Billboard Hot 100 Chart and has racked up more than eleven (11) million streams on Spotify alone in the first month. Prior to the release, SS issued a press release through his record label Forever Sweet (“Forever”) announcing that he would retire from his music career after going on tour to support this album.
The CEO of Forever (“CEO”) hosts an album release party in the penthouse of the Private Hotel where he invites collaborators, employees, press, and friends to celebrate with an unlimited open bar and special live performances. Towards the end of the party, CEO grabs SS’ phone and starts a live feed on Instagram Live (“Live”) to broadcast the party to his followers. While on Live, the CEO takes out a custom-made diamond-encrusted chain necklace that says “FOREVER SWEET” on it (the “Chain”) and presents it to SS. The Chain is valued at $250,000.00. CEO says, “We can’t have you leaving without knowing how much we appreciate all the work you put into your last three albums and the legacy of Forever.” SS smiles as the CEO puts the Chain around his neck and they pose together for the Live feed. The CEO pops open a bottle of champagne, hands SS a glass and says, “This is going to be the biggest tour yet! To many more!” They both drink and everyone in the room cheers. The CEO faces the camera and announces “This is no longer going to be the retirement tour, but Steam Sweet’s comeback tour!! Tickets are now available for purchase, link in bio.” CEO ends the Live feed and turns to hug SS. SS pushes him back and yells, “I told you I was done after this tour! What was that about!?” The CEO replies, “I thought this was a forever thing?! Forever Sweet! To many more, right?”
SS storms out of the party, turns his phone off, and heads home. Within minutes of the Live feed, tickets to the fifty (50) city tour sell out, totaling $10,000,000 in sales. Weeks go by and no one can get a hold of SS. A week before the first date of the tour is supposed to start, news leaks of the dispute between SS and CEO. Fans become restless, demanding refunds from the venues– the venues start harassing Forever demanding that they take accountability and cover the cost of refunds. SS’s streams drop by 90% in the following month which negatively impacts Forever’s revenue.
Instructions
You are a first year associate at a boutique entertainment law firm based in New York City, New York (“EMWB Law”). Your boss, the Managing Attorney (“MA”) at EMWB Law, has asked you to write him an email in five hundred (500) words or less explaining whether or not EMWB Law’s client, Forever, can file a lawsuit against SS, and on what 1-2 grounds would they have the strongest case? Use the IRAC method for your analysis. You can identify when additional facts would be needed to change your analysis. MA has requested that the email be single spaced and in twelve (12) point Helvetica font. Assignment #1 is due on March 15, 2023, at 2:30PM EST via Blackboard Turnitin.
For extra credit of ten (10) points to your Assignment #1 grade, include an additional paragraph of two hundred fifty (250) words or less explaining the strongest possible defenses SS could argue.
For extra credit of five (5) points to your Assignment #1 grade, include a bullet point list of every additional issue you spotted that wasn’t discussed in your email.
