Date: 10-23-2025

Case Style: Strategy and Execution, Inc. v. Black Rifle Coffee Company, L.L.C.

Case Number: 23-CV-135

Judge: Fred Biery

Court: United States District Court for the Western District of Texas (Bexar County)

Plaintiff's Attorney:

Defendant's Attorney:

Description: San Antonio, Texas, commercial litigation lawyers represented the parties in a breach of contract dispute.

Plaintiff Strategy and Execution, Inc. sued Defendant-Appellee Black Rifle Coffee Company, L.L.C. for breach of a Consulting Agreement, claiming it is owed royalties for products manufactured after the Agreement’s termination.

SEI “is a consumer product goods consultant.” Black Rifle “is a
roaster/manufacturer of various premium coffee blends.” On January 1,
2020, the two entered a Consulting Agreement with a four-year term—called
the “initial term” or “initial period”—during which the parties could
terminate only for cause. Once that initial term ended on January 1, 2024, the
parties could continue their relationship and terminate the Agreement upon
90 days’ notice.

In the initial term, SEI was to handle broad aspects of Black Rifle’s
business. In exchange, Black Rifle agreed to pay SEI $30,000/month, as well
as royalties on certain products. The royalty provision reads:

In addition to the monthly consulting fee, and specific to any
RTD [Ready to Drink] beverages, energy drinks, or energy
supplements developed and manufactured during the initial
term of this Agreement, [Black Rifle] shall pay [SEI] a royalty
of $.02 for each unit of product manufactured by any
manufacturing facility introduced to [Black Rifle] during the
initial term of this Agreement, or through [SEI’s] direct efforts
thereafter. The royalty shall be paid to [SEI] within thirty (30)
days of receipt of the manufacturer’s invoice by [Black Rifle].1

The Agreement’s termination clause states termination “shall be without
prejudice to any right which shall have accrued to either Party hereunder
prior to such termination, including the right for [SEI] to receive post-
termination compensation, commissions or royalties where applicable.” Its
integration clause says the “Agreement constitutes the entire understanding
between the Parties . . . and supercedes [sic] all prior discussions,
negotiations, agreements and understandings.”

Outcome: Motion to dismiss granted.

Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: