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WLG Resolves Breach of a Royalty Agreement Contract

man ripping up paper that says contract
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Webb Law Group proudly takes you inside a real case that was handled by our firm. While names have been omitted for privacy purposes, we will approach the matter of a Breach of a Royalty Agreement Contract within the context of this real case. We will take you from the Complaint to the Conclusion, providing a segue from legal problem to solution, with the strong support of Webb Law Group’s team of attorneys and staff.

Complaint

In this case, the Plaintiff filed a complaint for Breach of Contract, as well as for Breach of the Covenant of Good Faith and Fair Dealing, Breach of Fiduciary Duty, Breach of Duty of Undivided Loyalty, Breach of Duty of Confidentiality, Fraud, and an Accounting.

The facts of the case are as follows:

  • The Plaintiff was in the business of creating and marketing cell phone applications, or “Apps.”
  • Defendant entered into a contract with Plaintiff to design an App that would assist telephone companies in tracking employee hours worked and other work site data.
  • In exchange for building and marketing the App, Plaintiff was paid $20,000 and would receive an 8% royalty on any revenue generated by the App.
  • Plaintiff delivered a completed App; however, as with all Apps, there was a need for constant updates and maintenance.
  • Defendant refused to pay for the updates and maintenance. Additionally, the Defendant continued to want features added to the App that were not part of the original contract and, as a result, the business relationship between Plaintiff and Defendant broke down.
  • In order to avoid paying the percentage specified in the royalty agreement, Defendant cut Plaintiff out of the business deal and created a second App. This second App did the exact same things as the first App, but was marketed to a wider audience.
  • Based on the facts presented, Plaintiff believed that Defendant had created a second App that was in competition with the first App with the intent of keeping the money owed to Plaintiff from royalty agreement payments.
  • The Plaintiff was seeking damages in the amount of $372,000.

Webb Law Group Takes The Matter to Arbitration

Webb Law Group was retained by the plaintiff in this matter and was able to secure a victory at arbitration. The arbitrator issued a judgment in the amount of $354,166 in favor of the plaintiff for the lost value of the royalty agreement payments.

The Plaintiff was happy with the result and with their decision to retain Webb Law Group as their representation.

Finding a Professional California Business Attorney

Webb Law Group is a reputable business law firm with experience in matters involving California law, including handling breach of contract cases. Having a reputable attorney by your side for these matters will help give you the best possible chance of a positive outcome in your case. If you feel you need legal representation, we are happy to review your legal needs and provide consultation and support where necessary.

For questions, or to schedule a consultation, contact us today at (559) 431-4888.

Give Us A Call Today!

Clear guidance opens doors. That’s why our team serves clients in English, Spanish, Vietnamese, Hindi, and Urdu. Legal issues cross boundaries, and so do we, making sure communication is never a barrier to protection. To address your litigation related concerns, feel free to reach out to our team today. You may call or text directly to (559) 431-4888 or (619) 399-7700 or send a message via email to Advice@WebbLawGroup.com.

About Lenden F. Webb

Lenden F. Webb is an experienced litigator and trial attorney representing companies and their principals in 93 jury trials, bench trials and arbitrations in 14 California counties spanning over 304 days. Mr. Webb handles civil litigation matters, including real property disputes, breach of contract and business disputes, along with various employment and general contract concerns. Mr. Webb received his law degree from California Western School of Law where he was a twice-published member of Law Review at Cal Western as well as Columbia Law School. Before establishing his law office in 2008, Mr. Webb was a partner at one of the older law firms in California. Mr. Webb serves as a paneled mediator for two California County Superior Courts and as Judge Pro Tem for the Superior Court of California. Lenden Webb holds a MBA from the University of Redlands. He finished the Honors curriculum while earning his Bachelor’s degree from Walla Walla University. Mr. Webb has been named as a California Super Lawyer® and Rising Star® eight times since 2012. With a notable track record in class actions, Mr. Webb has been court-approved as class counsel in over 30 cases. He has achieved several notable trial victories as class counsel including a verdict awarded “trial of the month” by the San Diego County Bar Association. Mr. Webb has led his clients to victory in both state and federal trial and appellate courts across the nation, including the Second, Fourth and Fifth District Courts of Appeal in California, U.S. Court of Appeals for the Federal Circuit, the United States Ninth and Tenth District Court of Appeals and writs of certiorari in multiple cases lodged with the U.S. Supreme Court.