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Contracts Keyed to Kuney
Dolan v. Altice USA, Inc.
Citation:C.A. No. 2018-0651-JRS, 2019 WL 2711280 (2019).
The Dolan family founded Cablevision and News12. In 2015, Altice and the Dolans began discussing Altice’s possible acquisition of Cablevision. The Dolan family initially did not include News12 in the transaction, but relented after negotiations and assurances that the news channel would be operated in a substantially similar manner. Included in the Merger Agreement was Section 6.4(f) which stated that News12 would continue to operate in accordance with the stations existing business plan until at least the end of 2020 including employing a certain number of employees during that time. The Merger Agreement also disclaimed the existence of any third party beneficiaries in Section 9.8.
In the spring of 2017, the Merger closed and Altice terminated 70 News12 employees. Altice planned to lay off 10% of News12 employees each year. McVey and Campbell were among the employees set to lose their jobs.
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Topic Refresher CourseThird Party Rights and Obligations