Legal Question in Civil Litigation in Rhode Island

I've recenty discovered that my ex-business partner used our retail space, after hours, to photograph "nude" models (individually, but peforming pornographic acts). My ex-partner did not distribute the photos and did have signed model releases. However, the retail space lease is solely in my name and he took these photos without my knowledge or permission. Because he advertised locally for nude models and brought them to our place of business, I feel he compromised the future reputation of the (soon-to-open) business. The business had not yet opened when he did this. He is no longer my partner and I'm suing him for breach of contract. Is this incident of photographing pornography in my retail space also legally actionable?


Asked on 4/12/10, 6:57 pm

1 Answer from Attorneys

Staff General Counsel LawyersCollaborative

You may be able to find a lawyer to take such a case alleging breach by the partner of the duty of good faith and fair dealing owed to you or to the joint venture, but I would ask what is the measure of your damages? Especially hard, I would think, to show damage to a business that had not even opened yet when the objectionable conduct took place.

Bottom line is that if you think there really is a serious adverse effect, you should call the Collaborative for a no fee/no obligation telephone evaluation with an experienced lawyer, as there simply are not sufficient facts set forth above to fairly evaluate the merits of such a claim.

Best wishes.

Note:� The above information does not constitute legal advice. Unless a written Collaborative Representation Agreement has been signed, neither LawyersCollaborative nor any of its Staff General Counsel is your legal representative.

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Answered on 4/20/10, 5:02 pm


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