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Anthony Ostlund Defeats Claim of Former Napster CEO

July 24, 2014

On July 23, 2014, the Eighth Circuit affirmed the complete dismissal of multi-million dollar claim for breach of contract brought by former Napster CEO against Anthony Ostlund's client. 

In 2008, Anthony Ostlund's client, Best Buy, bought Napster.  When it did so, it also entered into certain employment agreements with Napster's then-CEO, Christopher Gorog.  Mr. Gorog resigned from his position in December 2009 and over two years later, brought a lawsuit claiming he was entitled to millions of dollars as a result of Best Buy's multi-part sale of Napster to Rhapsody in 2011 and 2012.  

Anthony Ostlund moved to dismiss Mr. Gorog's claims and argued that the requested relief was not available under the applicable contracts.  The district court agreed and dismissed the claims in their entirety.  Mr. Gorog brought his fight to the Eighth Circuit. Last week, the Eighth Circuit Court of Appeals affirmed the lower court's ruling dismissing the claims.