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Stradling

Business Torts

  • August 2017

    Interbake Can't Terminate Mrs. Fields' Cookie Deal Based On MAE Clause

    The Delaware Chancery Court in a recent decision held that Mrs. Fields Brands Inc. could force Interbake Foods LLC to honor an agreement to make Mrs. Fields-branded cookies for sale in certain retail store channels. In doing so, the court rejected Interbake’s argument that Mrs. Fields breached a “material adverse effect” clause and made false representations in the agreement.