Thursday, December 8, 2011

THE MOST SHOCKING JUDICIAL ROSE CEREMONY EVER: Following up on our discussion about David Denby's breach of the Dragon Tattoo embargo, a similar imbroglio has resulted in litigation. Producers of The Bachelor are suing Reality Steve, a site which has made its name by getting spoilers for the show, claiming that the folks behind the site have offered money to contestants to get them to breach confidentiality agreements and asserting tortious interference with the producers' confidentiality agreements with the contestants.

As a general rule, at least under New York law, tortious interference with contract is pretty much the last refuge of someone looking for a claim who can't/doesn't want to sue the party who actually breached, and the interesting thing here is that the producers have not sued anyone for actually breaching their contract--indeed, while the folks behind the site don't seem to deny sending the e-mails, their defense is (in part) that no one took them up on their offer to pay them to breach. This will be interesting to watch to see how it develops.