I’m an attorney and airtight is hard to come by in the real world of contracts. With DD, a great deal hinges on who here is the first true breacher. Effectively firing someone over religious speech not controlled by their performance requirements under the contract is something that could put A&E on the wrong side of that equation. It is effectively adding an extra-contractual condition. You do that, you’re the breacher, because you’re the first one to stop performing under the terms of the contract. That opens the exit to the contract wide open, at least for Phil.
The rest depends on how the contracts were written. If the operating understanding was that they were there as a family, that performance relied in part on them functioning as a family, then taking out the patriarch may make performance substantially impossible, providing yet another exit.
Otherwise, as others here have observed, if the contracts are strictly individual, then an act of religious speech by each of them taking the same position as Phil will put A&E in the position of either breaching the contracts with the others or admitting publicly to having no real basis for the original breach. IOW, if I were DD’s principal attorney, I’d be salivating over this case. High priced lawyers don’t do nearly as much good as having favorable facts. Money can buy effective procedural jockeying, and so can delay the outcome, but IMHO has little effect on the long term results. DD only has to stay in the game to win, and I’m sure they have resources sufficient for that.
As for performing elsewhere as a family, they may not be able to use the exact same brand. But that cannot stop them from earning a living as the principal owner of the underlying product, which is just them being themselves.
Thank you! I’m glad my post triggered your professional response and your detailed clarifications.
I was CEO of a technology corp. for 10 years where most of our contracts were 7 figure negotiated (by moi) with Fortune 500 co’s. and I’ve dealt with hundreds of contracts of all types - and I drafted preliminary employment contracts/non-competes for another tech corp. where a rock-solid non-compete was required and I was a Sr. VP. Then our attorneys took my first draft and got them “legal”. And much of what you pointed out I learned from my attorneys years ago. But I am not an attorney and have never played one on TV! So thanks - I’m sure all the Freepers who read your post will appreciate it.
Do you not think it likely that in spite of solid grounds for breach of contract that A&E is still likely to go to court, and for the case to be messy?
And it will be interesting to see what happens with the other individuals.....