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Al Hirschfeld Foundation v. The Margo Feiden Galleries Ltd.

Termination of Agreement Governing Business Relationship Warranted After Materia

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This case, now on summary judgment, involves claims of a breach of an agreement between the renowned cartoonist Al Hirschfeld and a gallery licensed to represent him. Plaintiff is the Al Hirschfeld Foundation (“the Foundation”), which, upon Hirschfeld’s death in 2003, succeeded to Hirschfeld’s interests and obligations under a 2000 Settlement Agreement (the “Agreement”) with defendants Margo Feiden and the Margo Feiden Galleries, Ltd. (singly, the “Gallery”; and together with Feiden, the “Galleries”). The Galleries had represented Hirschfeld during his lifetime and, governed by the Agreement, continued that relationship with the Foundation after his death. The Foundation, however, claims that the Galleries have materially breached the Agreement in multiple respects, and in 2016, took steps to terminate the Agreement.The central question in this action is whether that termination was valid. The Foundation seeks a declaratory judgment to that effect. It brings other claims against the Galleries, including for copyright infringement, violations of the Lanham Act, breach of contract, breach of fiduciary duty, replevin, conversion, and negligence, all arising out the Galleries’ supposed disregard of or

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