RipeCreeling t1_ixoy3j1 wrote on November 25, 2022 at 3:42 AM

Reply to comment by rustynailsu in Adidas launches probe into misconduct allegations against Kanye West by AsherBaels

I don't see how they can possibly establish that the morals violation they didn't even know about when they terminated the deal was the cause of the termination.

rustynailsu t1_ixp0nse wrote on November 25, 2022 at 4:06 AM

Well, for for a start, accusing Adidas of theft could be seen to damage it's good name and reputation. That is certainly the type of speech could be proscribed by a morals clause.

RipeCreeling t1_ixp47qi wrote on November 25, 2022 at 4:40 AM

I agree it would probably violate the morals clause. But the issue is that if the contract allows them to terminate it for his breach of the morals clause, they have to know about the breach before they terminate the contract. It's possible there is language in the contract that could allow Adidas to terminate it retroactively to the date of the breach if they find out after the fact, but I think that would be unusual.

rustynailsu t1_ixp661o wrote on November 25, 2022 at 5:00 AM

Interesting stuff. I reviewed the timeline. Though the partnership was under review previously, the theft accusation happened on Oct. 6. The contract was not terminated until Oct 22. Would this make any difference, do you think, or did the review somehow contaminate the termination?

RipeCreeling t1_ixpagd0 wrote on November 25, 2022 at 5:48 AM

When they terminated the contract Adidas issued a statement saying the company does not tolerate anti Semitism and that his comments were unacceptable and violated company values. I think they had sufficient basis to terminate because of his comments. The theft accusation certainly disparages the company and in that way may violate the agreement, but the review I was talking about was this recent review of his behavior based on the accusations from the employees he worked with, which wasn't known at the time of the termination.

Lerianis001 t1_ixp2b1i wrote on November 25, 2022 at 4:21 AM

Unless he can prove that the allegation was true or to the best of his knowledge was true.

rustynailsu t1_ixp34fv wrote on November 25, 2022 at 4:29 AM

That would defend a defamation claim. This is different. You can certainly sign your rights away to say things, even if they are true. Just look at the contracts Mr. Weinstein had women sign.