The song “He’s So Fine” is a huge hit in

Question
The song “He’s So Fine” is a huge hit in the United States and Great Britain. Bright Tunes Music is the copyright holder of “He’s So fine” and sues ex-Beatle George Harrison and Harrisongs Music in federal court, alleging that the Harrison composition “My Sweet Lord” infringed its copyright to “He’s So Fine.” Harrison’s business affairs are handled by ABKCO Music and Allen Klein, ABKCO’s president. Shortly after suit begins, Klein unsuccessfully tries to settle by having Harrison purchase Bright Tunes. Shortly thereafter, Bright Tunes goes into receivership, and the suit does not resume until years later. At this time, coincidentally, ABKCO’s management contract with Harrison has expired; however, Klein continues his efforts to have ABKCO purchase Big Tunes. As part of these efforts, Klein gives Bright Tunes three schedules summarizing Harrison’s royalty income from “My Sweet Lord,” information he possessed because of his previous service to Harrison. Meanwhile Harrison’s attorneys are eagerly trying to settle the copyright infringement suit with Bright Tunes, and Klein’s activities of giving Bright Tunes information about the economic potential of its suit may have impeded Harrison’s efforts to settle. Ultimately, Bright Tunes chooses not to settle with Harrison and at trial the court finds that Harrison has infringed on Bright Tunes’s copyright. A damages hearing is set for a later date. By the time of the damages hearing, ABKCO had purchased the “He’s So Fine” copyright and all rights to the infringement suit from Bright Tunes, making ABKCO the new plaintiff in the trial for damages on the suit. At trial, Harrison files a counterclaim for damages resulting from Klein and ABKCO’s alleged breaches of the duty of loyalty to him. Will the Court find that Klein and ABKCO breached its duty of loyalty to Harrison?

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