BLS Blog

As reported here last summer, Judge Salinger denied lululemon’s motion to dismiss a summary process action brought by lululemon’s landlord, CWB Retail. Later in the litigation, CWB voluntarily dismissed the action with prejudice. lululemon then brought a motion for attorney’s fees under the parties’ lease.

A few weeks ago, the Social Law Library sponsored its annual review of the BLS. Like most events over the past year, the 2020 Year in Review was conducted virtually with Judge Kenneth Salinger and BLS practitioners logging on to discuss significant decisions as well as practice tips and court procedures during these unusual times. While the way the BLS conducts its business changed in 2020, it is evident that the court’s ability to effectively manage complex business and commercial disputes has not. Below are five key takeaways from the 2020 Year in Review program:

In Crashfund LLC v. FaZe Clan, investors in Wanderset Inc. sued successor e-gaming company, FaZe Clan. Wanderset investors claimed that their agreements with Wanderset granted them conditional rights to obtain stock proportionate to their investment upon a “change of control.” The investors also claimed that FaZe Clan refused to issue stock to them after a de facto merger with Wanderset in violation of the agreements. FaZe Clan was sued for, among other things, breach of contract. The investors alleged two theories:

• that the investors’ conditional right to stock in the event of a change of control entitled them to FaZe Clan stock after the de facto merger, or alternatively,
• that FaZe Clan, as the successor entity, was liable for consequential damages caused by Wanderset’s alleged breach of the investor agreements.