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Fan Force United To Run Jean Alesi In 2012 Indy 500

May 8, 2012

We are very pleased to announce that Breeden Legal has assisted another of its clients in negotiating an agreement to race in the 2012 Indy 500.  Today, Indy Lights team Fan Force United officially released that it is making the jump to IndyCar for the the 2012 Indy 500 with veteran Formula One driver Jean Alesi behind the wheel and engines supplied by Lotus.   More details can be found here and on the Fan Force United Facebook page.

Congratulations to the team. We wish them the best of the luck in the Indy 500, and their two entries in the Indy Lights Freedom 100 with Armaan Ebrahim and Emerson Newton-John.

Conquest Racing and Andretti Autosport Partner For 2012 Indy 500

April 6, 2012

I’m very pleased to announce that Conquest Racing, a Breeden Legal client, has come to an agreement with Andretti Autosport for Ana Beatriz to drive a Conquest / Andretti co-entry in the 2012 Indianapolis 500.  Check out the press release here.

In addition to being a veteran IndyCar team, Conquest has diversified into sports car racing for 2012, campaigning a Morgan P2 prototype in the 2012 American LeMans Series.  For more information on Conquest’s American LeMans program click here.

Katherine Legge To Drive TrueCar Entry For Dragon Racing In IndyCar Series

January 16, 2012

Well, this one has been a long time in the making.  I am so happy that it has all come together and it can be confirmed that Katherine Legge will be racing full time with Dragon Racing in the 2012 IndyCar Series with sponsorship from TrueCar and engines from Lotus. It’s no secret that Katherine and GRand Solutions, both of which are Breeden Legal clients, have been working to put together an IndyCar program for over a year.  Their hard work has paid off! I look forward to watching Katherine and her new teammate, Sebastien Bourdais, as they take on the very best IndyCar has to offer.

You can read more about Katherine and her 2012 plans on the GRand Solutions website, as well as Katherine’s blog at IndianapolisMotorSpeedway.com.

Jags Fire General Counsel Over Scrivener’s Error?

January 16, 2012

You may have seen this article on ESPN.com last week.  Essentially the article states that the General Counsel for the Jacksonville Jaguars was fired for a contract drafting error that creates potential liabilities of around $4 million for the team.  The language in question relates to seven contracts with assistant coaches and states the their contracts “shall terminate on the later of January 31, 2012 or the day after the Jaguars’ last football game of the 2012 season and playoffs …”  Apparently instead of the last game of 2012 season, it was supposed to say last game of the 2011 season.  Makes sense, right?  If it was supposed to terminate after the last game of the 2012 season why would they even include the January 31, 2012 language?  The last game of the 2012 season would necessarily be after January 31, 2012, as the 2012 season doesn’t start until the fall.

When interpreting contracts the court will generally make an inference that all contractual terms were included for a specific reason and they will read the contract as a whole.  E.g. they will assume that the January 31, 2012 date was meaningful.  When the clause is read in this light, it would seem apparent that a drafting error had been made. Otherwise, the January 31, 2012 clause would have no meaning or effect on the contract.

Accidental drafting errors of this type are known in legal parlance as scrivener’s errors, and they are one of the few times when a court is permitted to rewrite the terms of a contract.  As stated in § 70:93 of Williston on Contracts, which is a legal treatise on contract law:

In contract law, a scrivener’s error, like a mutual mistake, occurs when the intention of the parties is identical at the time of the transaction but the written agreement does not express that intention because of that error; this permits a court acting in equity to reform an agreement.

In light of the scrivener’s error doctrine, it is quite possible that if these coaches were to pursue this matter through the courts, the courts would reform the agreement and change the “2012 season” language to “2011 season”, so as to give effect to the January 31, 2012 provision and correct the scrivener’s error.  Thus saving the Jags a fair chunk of change.

The foregoing is not intended to marginalize or condone contract drafting errors.  Such errors are not acceptable and diligent drafting should always be undertaken so as to avoid them.  This article is merely a counterpoint and offers some additional insight on the matter along with a potential legal argument that may be brought forward by the Jaguars to minimize their damages.

Matt Breeden is an internationally respected business advisor and attorney at Breeden Legal and is based in Indianapolis, IN. He represents Sports & Entertainment properties, as well as many other entrepreneurial businesses, in a variety of matters, including: Athlete/Driver Contracts, Business Formation, Corporate Governance, Mergers & Acquisitions, Broadcast & Digital Media Agreements, Licensing Agreements, Sponsorship Agreements, Commercial Agreements, Private Placements, Insurance & Risk Management, Creditors Rights, Employment Agreements and Litigation Management.  He can be reached at Matt@BreedenLegal.com

Brian Herta Autosport Forms Joint Venture With Bowen And Bowers Motorsports; Announces Barracuda As Primary IndyCar Sponsor

January 13, 2012

More exciting news for Breeden Legal clients in IndyCar.  Last week, Bowen and Bowers Motorsports announced that it had formed a joint venture with Brian Herta Autosport to handle all commercial facets of the team’s IndyCar business, and that the team would be operated under the Brian Herta Autosport brand.  Breeden Legal is proud to have represented Bowen and Bowers Motorsports in this transaction and on a general counsel basis.

Following on the joint venture announcement, the team announced today that Barracuda Networks has been named the team’s primary sponsor for Alex Tagliani’s entry in the 2012 IndyCar Series.

Breeden Legal looks forward to more client announcements in the coming days.

Ebrahim Inks Deal With Fan Force United In Firestone Indy Lights

January 4, 2012
Breeden Legal is proud to serve as counsel to Fan Force United, an Indy Lights team headed by Tyce Carlson, Chris Williams and Scott Williamson.  Yesterday the team announced that up and coming Indian driver Armaan Ebrahim will be campaigning one of the team’s entries in the 2012 Firestone Indy Lights Series.  Read about it on IndyCar.com.

Ostella Joins Team Moore in Firestone Indy Lights

January 2, 2012

In the first of many exciting Breeden Legal announcements for 2012, our client David Ostella has reached an agreement to race for Team Moore in the Firestone Indy Lights Series for 2012.  The full press release can be found HERE, courtesy of GRand Solutions.

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