Contract Law
Justin Bieber‘s and Scooter Braun’s success has been inextricably intertwined since 2008 when Braun discovered the then-13-year-old singer on YouTube, got him signed to Usher’s record label and became his manager. Braun made Bieber’s career, and vice versa, and their once-flourishing business relationship was arguably the catalyst for Braun adding Ariana Grande, Demi Lovato, J Balvin, Idina Menzel and many others to the management roster at his SB Projects, and the subsequent sale of its parent company Ithaca Holdings to Korean K-pop entertainment giant HYBE for $1.06 billion in April 2021 and his appointment as HYBE America’s CEO that followed.
But since then, Braun has moved his focus away from his management business and onto growing HYBE, shepherding massive deals like its $300 million purchase of hip-hop company Quality Control in February. That shift is one factor that’s had Bieber actively looking at how he might extract himself from that relationship with the help of his new music lawyer, David Lande, and prompting Braun’s other star clients to exit as well, sources tell Billboard. Grande is also planning to part with Braun on friendly terms, more because she’s “excited to go in a different direction” and because she’s “outgrown him” than because of his C-suite distractions, a source close to her says: “It’s time for something new.” Menzel, Balvin and Lovato departed earlier this year, on good terms as well, sources say.
But even for the world’s biggest superstars, leaving your manager is easier said than done — and Bieber and his lawyer are still exploring all their options, sources tell Billboard, with a full split not guaranteed. Bieber’s latest moves have included firing his agency, CAA, and hiring a new music lawyer — Lande at Ziffren Brittenham — to replace Aaron Rosenberg, whom Braun had helped hire. (Michael Rhodes, a partner at the Cooley law firm remains Bieber’s general counsel.)
Lande, these sources say, has been looking at how to extricate Bieber from the management agreement with Braun, but there’s a major complication: Bieber is still under contract for about four more years, following a series of amendments to their deal made three years ago, sources say, and standard management contracts tend to favor the manager. To get out entirely free of obligations, an artist must often show that their manager breached the agreement — which generally includes acting outside of an artist’s best interests, such as financial impropriety like siphoning funds. And only in the most extreme examples does a manager being unavailable or unreachable count. (Were that the case, Braun’s team at SB projects would likely give him significant cover: Braun’s lieutenant, Allison Kaye, has been running management as president of SB Projects since 2016.) Sometimes there are performance metrics, but given Bieber and Braun’s stature in the industry, that’s unlikely, music lawyers say.
“If you’re talking about a case where the artist is just no longer content with their current manager and wants to get out of their management deal, they have a high bar to clear,” says entertainment attorney Larry Katz. “The only chance an artist would have is if they can demonstrate a well-documented pattern of failure by the manager.”
That said, many managers and lawyers agree that it is not in anyone’s best interest to hold an artist in a contract against their will. “Slavery is not a thing,” says one manager.
A scenario like this usually results in the artist and manager striking a new deal that involves a lump sum paid to the manager; a commission on future monies made from deals in which the manager was involved; a sunset clause that gives the manager a gradually decreasing percentage of earnings from such deals — or, likely, a combination of these.
Perhaps because of these complications, sources familiar with some of Bieber’s business dealings say he is focused on resolving his predicament with Braun and would not begin a serious search for new management until that objective is completed — or may not seek a new manager at all.
Otherwise, Bieber would need to shoulder the cost of paying two managers until his agreement with Braun either expired or was dissolved.
A new manager would also face limited options for finding new income opportunities. Bieber is still under a recording contract with Def Jam as he currently works on his seventh studio album, meaning there’s no new multi-million-dollar label deal on the immediate horizon. He also sold his publishing, artist royalties from his master recordings and neighboring rights to Hipgnosis for over $200 million earlier this year. And he remains under contract with AEG Presents, which has promoted his concerts since his inaugural My World Tour in 2010.
Under that AEG deal, Bieber likely owes the promoter any advances paid for his tours that haven’t been recouped. This would likely include an upfront signing fee paid to AEG to promote Bieber’s tours, as well as a per-show guarantee — some or all of which would be recoupable against the tour’s ticket sales. These financial obligations are usually settled somewhere between the early planning of the tour and while it’s in progress, but Bieber’s situation is more complicated. That’s because he has repeatedly rescheduled or canceled touring plans over the past three years due to the coronavirus pandemic and personal health issues, which could mean that his deal with AEG has yet to recoup its obligations.
Still, sources agree Bieber remains an appealing client, because of the kind of influence that comes with his superstar stature.
As for the status of Bieber and Grande’s relationship with SB Projects, sources close to Braun’s camp say both artists are under contract but are currently working out new deal structures to account for Braun stepping into his larger role as HYBE America CEO. Sources close to Bieber and Grande say they are also working out new deal structures for the many business ventures they undertook while at SB — in preparation for their potential departures.
“It might take several years for Bieber to wrap up whatever deals he has with Braun and SB Projects, but he’s still a very attractive client,” says a major talent agent executive unassociated with the artist. “He’s young, he’s a proven superstar and he’s motivated to work and make money.”
Additional reporting by Dave Brooks and Elias Leight.
Megan Thee Stallion is hurling new accusations at her record label 1501 Certified Entertainment, including that the company is trying to make itself “judgment-proof” by draining its bank accounts.
In an updated version of her long-running lawsuit, the “Savage” rapper’s lawyers claimed Wednesday that they had unearthed evidence that 1501 founder Carl Crawford had “dissipated millions of dollars held in 1501’s primary bank account,” including funds that will potentially be owed to Stallion.
“Instead of following its financial manager’s advice and holding the contested funds in reserve, 1501 has chosen to enrich itself and its consultants, leaving less than ten thousand dollars in the account,” Megan Thee Stallion’s lawyers wrote. “Based on 1501’s undercapitalization, it is highly probable that 1501 will be judgment-proof by the time Pete is able to obtain a final judgment on the merits of her claims.”
As a result of this “fraudulent transfer of assets,” Megan Thee Stallion’s lawyers demanded that the judge overseeing the case impose extraordinary restrictions while the case continues to play out.
“Pete seeks the appointment of a receiver to take possession of 1501 until this dispute is resolved, or in the alternative, the appointment of a receiver to take possession of all of 1501’s bank accounts and any other bank accounts controlled or owned by Carl Crawford, including the bank accounts to which the money siphoned out of the bank account was transferred into.”
In a statement to Billboard, 1501’s attorneys sharply disputed the new claims from Megan Thee Stallion (real name Megan Pete).
“1501 strongly disagrees with the substance of Ms. Pete’s recent filings,” said Kenneth D. Freundlich of Freundlich Law and LeElle B. Slifer of Winston & Strawn LLP. “The allegations are without merit and we are confident that 1501 will prevail on these motions and ultimately recover the substantial money that Ms. Pete owes 1501.”
A rep for Megan Thee Stallion did not return a request for comment on the new filing.
The star rapper has been fighting with 1501 for more than two years, claiming the company duped a young artist into signing an “unconscionable” record deal in 2018 that was well-below industry standards. Megan Thee Stallion says that when she signed a new management deal with Jay-Z’s Roc Nation in 2019, she got “real lawyers” who helped her see that the deal was “crazy.”
She filed the current case in February 2022, claiming 1501 had wrongly classified her Something For Thee Hotties as something less than an “album” — a key distinction, since she owes a set number of albums under her record deal. 1501 then quickly countersued, arguing that Thee Hotties contained just 29 minutes of original material and obviously did not meet the definition of an “album.”
The two sides then escalated the case last summer. Megan Thee Stallion filed a new complaint seeking more than $1 million in damages over claims that 1501 had “systematically failed” to pay enough royalties. 1501 then fired back with new accusations of its own, claiming it’s actually Megan Thee Stallion who owes “millions of dollars.”
Until Wednesday’s bold new accusations, it had appeared that tempers might actually be cooling. In an interview with TMZ in February, Crawford expressed some regret over his public feuding with Megan Thee Stallion and said he would be “taking a different approach” in the future: “I never had problems with Megan Thee Stallion, but this social media stuff turned it really sour.”
But in addition to Wednesday’s new allegations about 1501’s bank accounts, Megan Thee Stallion’s lawyers also filed a separate motion asking the judge to summarily rule that 1501 had breached its contracts with Megan Thee Stallion. The reason? They say 1501 has chosen to categorically deny all requests to license Megan’s music until the case is resolved — representing a “flagrant breach” of the deal.
“In furtherance of its relentless efforts to sabotage Pete and her career, 1501 has taken the unlawful and unjustifiable position that it will continue to deny every single licensing request until its publishing claim in this litigation is resolved,” Megan Thee Stallion’s lawyers wrote. “1501 has taken this draconian position out of spite, a fact that 1501’s representatives have admitted under oath.”
The judge overseeing the case ruled in December that the battle will ultimately need to be decided by a jury. A trial is currently set for August, but after Wednesday’s new filings it’s unclear if the case will be able to stick to that schedule.
-
Pages