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Barry M. Klayman and Mark E. Felger Barry M. Klayman and Mark E. Felger

In Surf’s Up Legacy Partners (f/k/a KAABOO) v. Virgin Fest, C.A. No. N19C-11-092 PRW CCLD (Del. Super. Jan. 13, 2021), Superior Court Judge Paul Wallace, in an opinion resounding with musical allusions, invoked the affiliate privilege doctrine to dismiss a claim for tortious interference. As Wallace explained, although not absolute, the affiliate privilege doctrine can immunize a controller from tort liability for its affiliates’ contractual breaches.

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