However, these actions also looked like blatantly preemptive moves by Tfue to avoid the contract’s choice-of-law and forum selection provisions in which the parties had selected (i) New York law to govern any dispute, and (ii) a federal or state court in New York City as the exclusive forum in which to resolve any such dispute. The parties and courts began working toward answers: FaZe Clan moved to dismiss or stay the California state court action based on the New York forum selection clause. Turner ‘Tfue’ Tenney and Ricky Banks are in the middle of a lawsuit thanks to a contract that not only asks for unfair revenue splits, but may also break the law. Photographs are for dramatization purposes only and may include models. Trial is to be preceded by dispositive motions, which will likely address whether Tfue’s TAA claim can be decided in the New York court (notwithstanding the California Labor Commissioner’s supposed exclusive jurisdiction over the claim).
“Tenney was a California resident while performing under the contract for several months,” Judge Nieto explained in a summary of her ruling.“The public purpose of the TAA [Talent Agency Act] would be defeated if allowed to be waived by individuals” The ruling would also require FaZe to demonstrate to the New York court that the laws there would provide “same or greater rights” otherwise the California protections will apply.
Tfue answered and counterclaimed in the New York case, which is scheduled to move forward on a fairly fast track with a March 2020 trial date. In some jurisdictions, the contents of this blog may be considered Attorney Advertising.
By having one in its contract with Tfue, FaZe Clan was able to shift the dispute away from the California court.
He claimed that his contract is oppressive and in some cases even violates the Talent Agency Act and California law.
Second, this ongoing dispute continues to serve as a serious wake-up call for esports and video gaming companies.
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However, FaZe Clan seems to have recently landed its first major victory in the legal battle of Tfue vs. FaZe Clan. 2019 ended on a positive note for Fortnite star Turner ‘Tfue’ Tenney after being handed a significant victory in his ongoing lawsuit against esports organization and influencer agency FaZe Clan. Less than 24 hours after we dropped our first explainer video on the Tfue vs. FaZe Clan lawsuit, here we are again with more rumours and more facts to clear up.
This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. However, his biggest battle has been a legal one against his former partners in the esports world, FaZe Clan.
Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Ultimately, this means that Tenney’s legal team now have the tools at their disposal to make an argument that the initial contract between the parties was invalid should they be able to show that FaZe did not adhere to the Talent Agency Act.Today docket updates for the case revealed that the next hearing is set to take place in California on The ramifications for the findings in this case are wide-reaching for both influencer agencies and esports organizations operating in the state of California.