Legal Proceedings.
−Removed: On October 27, 2011,
−Removed: the Company, together with National Amusements Inc.
−Removed: and the MovieTickets.com Joint Venture, filed a lawsuit against AMC Entertainment
−Removed: (“AMC”) and MovieTickets.com Inc.
−Removed: (as nominal defendant) (Case No.
−Removed: 50 2011 CA 016684) in the Circuit Court of
−Removed: the 15th Judicial Circuit in and for Palm Beach County, Florida relating to MovieTickets.com.
−Removed: On February 8, 2012, MovieTickets.com,
−Removed: joined the lawsuit against AMC and an amended complaint was filed.
−Removed: MovieTickets.com is an online movie ticketing service
−Removed: in which Hollywood Media, National Amusements, Inc.
−Removed: and AMC each own a 26.2% equity interest.
−Removed: The amended complaint
−Removed: alleges that AMC has breached and continues to breach the MovieTickets.com Joint Venture Agreement, which obligates AMC to exclusively
−Removed: provide its ticket inventory to MovieTickets.com, and has breached its contractual and common law duties of good faith, fair dealing,
−Removed: and loyalty with respect to the MovieTickets.com Joint Venture and its joint venturers, Hollywood Media and National Amusements,
−Removed: Inc., as a result of various actions by AMC.
−Removed: The amended complaint contends that when AMC’s demands for greater control
−Removed: and a larger share of MovieTickets.com were not met, AMC breached and continues to breach the MovieTickets.com Joint Venture Agreement,
−Removed: which obligates AMC to exclusively provide its ticket inventory to MovieTickets.com.
−Removed: The amended complaint further specifies breaches
−Removed: by AMC of its contractual and common law duties of good faith, fair dealing, and loyalty and violations of Florida’s Deceptive
−Removed: and Unfair Trade Practices Act.
−Removed: Among other things, the plaintiffs allege in the amended complaint that AMC used its inside
−Removed: position with MovieTickets.com and access to MovieTickets.com’s proprietary information in order to advance AMC’s
−Removed: own goals in contravention of its duty of loyalty to the joint venture and to the detriment of MovieTickets.com.
−Removed: Hollywood Media and
−Removed: the other plaintiffs have asked for a jury trial and are seeking unspecified consequential damages and have reserved the right
−Removed: to seek punitive damages.
−Removed: Hollywood Media and the other plaintiffs also are seeking a declaratory judgment that
−Removed: AMC is obligated to make available on MovieTickets.com’s website AMC’s ticket inventory for sale on an exclusive basis
−Removed: and to honor its contractual and common law fiduciary duties of good faith and loyalty to the MovieTickets.com Joint Venture and
−Removed: its joint venturers, Hollywood Media and National Amusements, Inc.
+Added: noted above, NetCo owns all rights to the “Tom Clancy’s Net Force” intellectual property in all media, including film,
+Added: television, and video games.
+Added: As part of the joint venture, NetCo has published more than a dozen books and had an ABC miniseries.
+Added: Tom Clancy passed away in 2013, his estate and business partners refused to cooperate in exploiting the intellectual property.
+Added: trying to amicably resolve the dispute, the Company initiated arbitration proceedings with the American Arbitration Association.
+Added: Company’s arbitration demand asserts claims for breach of the joint venture agreement and breach of fiduciary duty.
+Added: arise from C.P.
+Added: Group’s failure to make reasonable, good faith efforts to exploit the full array of media rights relating to Net
+Added: The Company’s goal is to maximize the total potential value of the NetCo intellectual property across video games, streaming,
+Added: digital media, merchandising and other ancillary markets.
+Added: The Company believes that the value of the intellectual property is significant.
+Added: arbitration evidentiary hearing concluded on October 20, 2022, and the arbitrator ordered the parties to submit post-hearing briefs.
+Added: Final briefs were filed in January 2023.
+Added: It is unknown as to how long the arbitrator will take to render his decision.
+Added: fund efforts to maximize the value of NetCo, NovelStem has secured non-recourse litigation funding.
Mine Safety Disclosures.
+Added: General Instruction G2]
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.