On October 17 Midpoint Trade Books ceo Eric Kampmann and Midpoint director and minority shareholder Christopher Bell filed their response to Midpoint co-founder Gail Kump’s lawsuit, in which she alleged breach of fiduciary duty, breach of contract, and other corporation law violations. After categorically denying Kump’s claims, Kampmann and Bell add five counter-claims of their own, asking for a total of $5 million in damages on the grounds that Kump misappropriated trade secrets, breached her duties as an officer and director of Midpoint, and created “torturous interference with ongoing contractual relationships.” They assert that Kump’s employment by the National Book […]
Legal
Still More Law Firms Want A Piece of Class-Action Agency Suits, As Pretrial Conferences Loom
There have been some new developments since we reported in August on the growing number of class action-seeking lawsuits launched against Apple and the six largest trade publishing houses on the grounds that the agency model violates antitrust laws. Between August 12 and September 23, at least a dozen additional suits were filed in California’s Northern District and New York’s Southern District, each alleging “conspiracy” and “collusion” to fix ebook prices against Apple and the publishers. Of greater importance now than the volume of suits is process by which the California and New York cases are slowly towards consolidation. In […]
Julian Assange WikiLeaks Canongate
It will come as no great surprise that Julian Assange has released correspondence with Canongate and purported transcripts of apparently-taped phone calls with Canongate publisher Jamie Byng. Though Canongate published the unauthorized draft in part due to admitted “financial imperative,” according to an email from Assange’s agent Caroline Michel, by going ahead with publication, Canongate now is obligated to pay Assange, “in accordance with the agreement, the remaining amounts of £225,000 on delivery of the complete manuscript and £175,000 on first UK publication.” (That should provide enough to pay back Knopf and still leave some for Assange.) As we noted […]
Palin Accuses McGinniss of Defamation and “May” File Claim
Sarah Palin’s Anchorage attorney has written to Crown, saying that Joe McGinniss’s book THE ROGUE “defamed” the Palins and that both the publisher and author “clearly knew the statements were false [and] admitted they had no basis in fact or reality.” The letter advises “that a claim may be brought against you.” (Or national attention for the threat may turn out to suffice.) It also lays out an argument that would have to be made before a court that McGinniss somehow “waived the attorney client privilege” when he made a casual reference in an email to what the Random House […]
Court Finally Approves BN’s Bid For Borders IP
Federal bankruptcy court Judge Martin Glenn finally approved Barnes & Noble’s $13.9 million winning bid for the bulk of Borders’ intellectual property on Monday afternoon after various privacy concerns voiced last week by an independent ombudsman were worked out by all parties. Reuters reported that at the hearing, Borders lawyer Andrew Glenn said the deal will give customers 15 days to opt out of the transfer by responding to an email that will be sent out once the deal closes, though that date has not been decided upon yet. Further information on how the more than 48 million Borders customers […]
Judge Denies Preliminary Injunction Over Parody of ‘Elf On The Shelf’
On September 22 Georgia District Court Judge Amy Totenberg denied CCA and B’s bid last month, as part of a 19-count lawsuit on copyright and trademark infringement, to stop the October 18 publication of Adams Media’s ELF OFF THE SHELF: A Christmas Tradition Gone Bad, a parody of the bestselling holiday children’s book ELF ON THE SHELF. In denying the permanent injunction, Judge Totenberg ruled that Adams Media’s book met the definition of a parody, that stopping publication of ELF OFF THE SHELF “until a trial on the merits would eliminate this prime time for Defendant’s book marketing” since Adams […]