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Society & Culture
Virtual Legality Episode 59

A Real Lawyer's Take on the Tfue and Faze Clan Lawsuit

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58 58 views
2y May 21, 2019
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On May 20, 2019, esports and Fortnite star Turner Tenney (also known as Tfue), sued his esports team, FaZe Clan Inc., for violations of contract and California law.

Among the allegations Mr. Tenney asserts that FaZe (i) stole his profits, (ii) restrained trade in violation of California law, (iii) engaged in other bad acts related to young adults and minors (drinking, injury), and (iv) operated as an unlicensed talent agency.

What legal arguments does Tenney make in his complaint?

How does California law feel about restraint of trade (non-compete), and how does that differ from other jurisdictions?

Why does most of Mr. Tenney's contractual argument fall apart if the court elects not to expand Business and Professions Code Section 16600?

And why might none of that matter now that Mr. Tenney has reported FaZe to the California Labor Commissioner as an unlicensed talent agency?

Don't be fazed...it's time for Virtual Legality.

#Tfue #FaZe #VirtualLegality


Discussed in this episode:

"Esports Pro Sues Gaming Organization FaZe Clan Over "Oppressive" Contract"
Hollywood Reporter - May 20, 2019 - Ashley Cullins
(https://www.hollywoodreporter.com/thr-esq/tfue-sues-faze-clan-oppressive-contract-1212124)

"Tfue"
Wikitubia Entry
(https://youtube.fandom.com/wiki/Tfue)

"Tenney v FaZe Clan Inc."
Filed May 20, 2019
(https://www.scribd.com/document/410833590/Tenney-v-Faze-Clan#download&from_embed)

"Contracts in Restrain of Trade"
California Business and Professions Code, Section 16600
(https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=16600.)

"You Can't Do "What" in California? A Summary of California's (Virtually Nonexistent) Restrictive Covenant Laws for Out-of-State Employers"
Littler - January 18, 2011 - Stephen Tedesco
(https://www.littler.com/publication-press/publication/you-cant-do-what-california-summary-californias-virtually-nonexistent)

"California Talent Agency And Artist Management Contracts"
Sebastian Gibson Law
(https://www.sebastiangibsonlaw.com/california-talent-agency-artist-management-contracts/)

"LAWS RELATING TO TALENT AGENCIES "
California Division of Labor Standards Enforcement
(https://www.dir.ca.gov/dlse/talent/talent_laws_relating_to_talent_agencies.pdf)


PODCAST VERSIONS AVAILABLE AT

Spotify: (https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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