Legal Beat

This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: A judge issues a ruling in the Hall & Oates lawsuit after the dispute turns public and personal, Young Thug’s RICO trial gets underway in Atlanta with opening statements and witness testimony, Kelly Clarkson wins a California labor law ruling against her ex-husband, and much more.

THE BIG STORY: Hall v. Oates Goes Public

The mysterious legal battle among Hall & Oates got a lot clearer last week – with detailed filings from each artist, a hearing in open court, and a judge’s ruling on how the case will proceed.

To catch you up: After a decades-long, highly-lucrative musical partnership, Daryl Hall sued John Oates last month in Nashville court. The case was initially filed under seal, leading to days of speculation about why the beloved duo had become a house divided. Eventually, unsealed documents showed that Hall had sued Oates to block him from selling part of their joint venture to Primary Wave.

Last Wednesday, the case burst fully into the open. First, Hall filed court papers accusing partner John Oates of leaving him “blindsided” by secretly arranging the Primary Wave deal – an act he called the “ultimate partnership betrayal.” Oates responded hours later, saying he was “tremendously disappointed” that Hall had chosen to make “inflammatory, outlandish, and inaccurate statements about me.”

The filings were packed with new details – not just about the exact contours of the legal dispute, but also about the duo’s broader “divorce,” about Hall’s problems with Primary Wave in particular, and about each man’s personal feelings toward his former partner. Go read our full story here.

A day later, attorneys for the pair headed to court for their first showdown. Hall was repped by Christine Lepera of Mitchell Silberberg & Knupp, who urged a judge to extend a restraining order preventing Oates from completing the Primary Wave sale until an arbitrator can hear Hall’s objections. Oates was repped by Derek Crownover from Loeb & Loeb LLP, who argued that no such order was necessary.

On Thursday afternoon, Chancellor Russell Perkins agreed to extend the restraining order, blocking Oates from selling to Primary Wave until February or until the arbitrator tackles the case – whichever comes first. Go read our full story explaining why.

The case will now head to private arbitration, for which an arbitrator has already been selected but an initial hearing has not yet been scheduled. Stay tuned…

THE OTHER BIG STORY: YSL RICO Trial Begins

More than 18 months after chart-topping rapper Young Thug was indicted on accusations that he ran a violent Atlanta street gang, he finally headed to trial last week.

In their opening statements, Atlanta prosecutors claimed that Thug was “King Slime,” a powerful boss operating his “Young Slime Life” gang like a “pack” of wolves – even reading a passage from The Jungle Book for jurors. And they defended their controversial use of his music to help prove it.

“We didn’t chase any lyrics to solve any murders,” Adriane Love told jurors. Instead, she said prosecutors in this case “chased the murders and found the lyrics” that pointed to true, specific events.

A day later, Thug’s lawyer responded by telling jurors that his client had been “born into a society filled with despair” and had merely rapped about violent crime because “these are the stories he knew” — and that prosecutors had cherry-picked lyrics that matched the crimes they hoped to pin against him. 

“This is the environment he grew up in. These are the people he knew, these are the stories he knew. These are the words he rhymed,” Brian Steel told the jury. “This is art. This is freedom of speech.”

After opening statements concluded, prosecutors began presenting witnesses – a process that is expected to last months.

Other top stories this week…

SINCE U BEEN GONE – Kelly Clarkson won a legal ruling in California that said her ex-husband Brandon Blackstock owes her more than $2.6 million in commissions she paid to him while he serving as her manager. The decision, issued by California’s labor commissioner, said Blackstock had “unlawfully procured” a number of business deals for Clarkson, including her lucrative role as a judge on The Voice, that should have been handled by her talent agents at Creative Artists Agency (CAA).

‘FICTITIOUS’ CONCERTS? – Rapper Polo G sued a European tour booking firm over canceled plans for a string of concerts, claiming that the company continued to advertise the shows anyway — actions he calls “a shocking and outrageous fraud.”

YOUTUBER SLAPPS BACK – YouTube personality Spencer Cornelia — known for his investigative video series on the music industry — prevailed in a defamation lawsuit filed by wealth coach Derek Moneyberg. The case, which concerned YouTube interviews in which Moneyberg was termed a “Charlatan,” was tossed out under California’s anti-SLAPP law – a statute aimed to quash lawsuits that threaten free speech.

TIKTOK BAN BLOCKED – Montana’s first-in-the-nation law banning the video-sharing app TikTok in the state was blocked by a federal judge who ruled that the statute likely violates the First Amendment. The judge ruled that the law “oversteps state power and infringes on the Constitutional right of users and businesses.”

ARETHA ESTATE BATTLE – A judge overseeing the estate of Aretha Franklin awarded real estate to the late star’s sons, citing a handwritten will from 2014 that was found between couch cushions. The ruling came months after a Detroit-area jury said the document was a valid will under Michigan law, despite scribbles and many hard-to-read passages. Franklin had signed it and put a smiley face in the letter “A.”

This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between. This week: A preview of the massive YSL RICO trial in Atlanta in which rapper Young Thug is accused of being the boss of a violent street gang; a flood of sexual abuse cases against music industry bigwigs just before a Thanksgiving deadline; and a lawsuit pitting Hall against Oates over efforts to sell to Primary Wave.

THE BIG STORY: Young Thug Heads to Trial In Atlanta

At the end of 2021, Young Thug was one of hip-hop’s biggest rising stars: a critically-adored rapper with three chart-topping hits, three-chart topping albums, a Grammy for song of the year and his own record label (YSL, short for Young Stoner Life) under Warner Music’s 300 Entertainment.

Two years later, Thug (real name Jeffery Williams) is set to face a grueling trial starting today over allegations he ran a violent Atlanta street gang that committed murders, carjackings and many other crimes over the course of a decade — charges that, if proven, could send him to prison for decades.

Reporter Jewel Wicker will be in the Fulton County courthouse today reporting on opening statements for Billboard, so stay tuned for a full breakdown of the start of the trial.

But before then: To get you up to speed on one of the music industry’s most closely-watched criminal trials in years, I dove deep and broke down every aspect of the case, including the complex RICO charges at the heart of the case; the controversial use of lyrics as evidence; the strange connections to former President Trump; and what exactly to watch for at this week’s trial.

Go read the full story here.

THE OTHER BIG STORY: A Final Flood of Abuse Cases

With New York’s Adult Survivors Act expiring on Thanksgiving, last week saw a flurry of high-profile abuse cases filed just before the deadline – including many against top names in the music industry.

The ASA created a limited window for alleged abuse victims to take legal action over years-old accusations that would typically be barred under the statute of limitations. Over the past year, it was cited in cases against former Recording Academy president/CEO Neil Portnow, label exec Antonio “L.A.” Reid, the estate of late Atlantic Records co-founder Ahmet Ertegun and, earlier this month, an explosive (and quickly settled) rape lawsuit against Sean “Diddy” Combs.

But as the deadline approached, a wave of cases hit the courts. Many targeted defendants outside the industry, including former Gov. Andrew Cuomo, New York City Mayor Eric Adams, and actor Russell Brand. But many of the biggest names came from the music business. They included:

–Guns N’ Roses frontman Axl Rose, who was accused of sexually assaulting a Penthouse model named Sheila Kennedy in a New York City hotel room in early 1989.

–Interscope Records co-founder Jimmy Iovine, who was sued by an unnamed woman for sexual abuse, forcible touching, sexual harassment and retaliation over an incident that allegedly occurred in New York in 2007.

–Actor/singer Jamie Foxx, who was accused of sexual assault and battery by a young woman who claims the singer and actor groped her at a New York restaurant in 2015 after she asked if he would take a photo with her.

–Sean “Diddy” Combs, who was sued again by two more women over allegations of sexual assault, beatings and forced drugging allegedly committed in the early 1990s.

SAY IT AIN’T SO: Hall v. Oates

News broke last week that Daryl Hall was suing John Oates for breach of contract, arguing that his longtime music partner’s plan to sell off his share of their joint venture to Primary Wave would violate the terms of a business agreement the duo had forged.

The lawsuit, which was initially shrouded in mystery because it was filed under seal, is aimed at preventing the sale from closing while the two sides battle in ongoing private arbitration proceedings over the terms of agreement.

This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Mötley Crüe faces a lawsuit claiming the band unceremoniously terminated its longtime guitarist; Kanye West’s Donda Academy is hit with a wrongful termination suit packed with bizarre details; Aerosmith’s Steven Tyler responds to a sexual abuse case; and much more.

THE BIG STORY: Mötley Crüe Heads To Court

A private feud between longtime members of the legendary rock band Mötley Crüe has burst into public view.

Crüe co-founder Mick Mars filed a lawsuit last week demanding access to the band’s books — and thus also disclosing for the first time that he and his former bandmates have been locked in private arbitration proceedings for months over the legal mechanics of his exit from the band.

According to Mars, his former “brothers” tossed him to the curb after he said he could no longer tour due to a “tragic” disability called ankylosing spondylitis. The rest of Crüe, on the other hand, says they offered Mars “generous compensation” as a courtesy, but that he instead chose to file an “ugly public lawsuit.”

The case is technically about dry issues like LLC operating agreements. Mars says the band did not have cause to terminate his 25% stake in Crüe’s corporate entities; the band says they all signed an agreement in 2008 that clearly states they owe Mars nothing after he resigned. But each side has also already made much splashier allegations, too.

In his complaint, Mars claimed that Crüe bassist Nikki Sixx “did not play a single note” during a recent tour, and instead essentially mimed along to recorded tracks. In response, the band released sworn statements from touring staffers claiming that it was Mars who had needed backing tracks during concerts: “There were times when he played a completely different song than the rest of the band. This happened at almost every show.”

For a full breakdown of the case against Crüe — including access to the actual complaint Mars filed against the band — go read the entire story here.

Other top stories…

TROUBLE AT SCHOOL – Two former teachers at Kanye West’s Donda Academy filed a lawsuit against the embattled star, alleging wrongful termination, discrimination and unpaid wages. The allegations included bizarre details about West’s controversial school, including that students were fed only sushi and that classes were restricted to the ground floor because West is afraid of stairs.

ROCHESTER CONCERT TRAGEDY – Ronisha Huston, an alleged victim of last month’s deadly stampede at a GloRilla concert in western New York, filed notice that she was formally preparing to sue over the incident. Saying she had suffered emotional distress, Huston’s lawyers need “pre-action discovery” to obtain video footage, emergency plans and other key information from the concert venue.

STEVEN TYLER DENIES ABUSE CLAIMS – The Aerosmith singer denied allegations that he sexually assaulted a woman named Julia Holcomb when she was a minor in the 1970s. The filing raised eyebrows because Tyler’s lawyers argued, among many possible defenses, that Holcomb had possibly consented to his conduct, or that he was immunized from her claims since he had been granted legal custody over her.

TRADEMARK ON A MANTRA? Insomniac Events, a major promoter of dance music events, made waves this week when fans noticed that it had recently filed an application to secure a federal trademark registration on the term “PLUR” — an acronym (peace, love, unity, respect) that has been heavily used in the dance scene since the early ‘90s.

LOVERS & FRIENDS LAWSUIT – Live Nation was hit with a lawsuit over injuries at last year’s Lovers & Friends festival during a stampede triggered by false reports of gunfire. The three fans who filed the case say the concert giant “failed to take basic, reasonable steps” to protect them from such an incident: “Plaintiffs screamed for emergency medical care for their injuries, but none came.”

PANDORA CLAIMS TOSSED – For a second and final time, a California federal judge rejected Pandora’s allegations that comedians have been illegally conspiring to extract unfair prices from the digital streaming service. Those accusations came as counterclaims after the comics sued Pandora, demanding to be paid the spoken-word equivalent of publishing royalties for their underlying jokes.

POP SMOKE KILLER SENTENCED – One of four men charged in the killing of rapper Pop Smoke during a robbery at a Hollywood Hills mansion pleaded guilty to voluntary manslaughter. The man, whose name has not been released because he was a minor when the killing occurred in early 2020, was sentenced to four years and two months in a juvenile facility.

This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.

This week: Billboard reveals its yearly list of the top lawyers in the music industry; experts weigh in on the recent copyright infringement lawsuit against the Rolling Stones; Tory Lanez asks for a new trial following his conviction for shooting Megan Thee Stallion; and much more.

Want to get The Legal Beat newsletter in your email inbox every Tuesday? Subscribe here for free.

THE BIG STORY: The Lawyers Behind The Music Biz

Billboard revealed its yearly list of top attorneys in the music industry this week, breaking down not only the best dealmakers and litigators at the country’s elite law firms, but also the key players from in-house legal departments at record labels, streamers, concert promoters and more.

Among other things, we asked this year’s honorees to name the pressing concern facing the music business in 2023. One of the most common responses from the folks who get paid to worry about future legal problems? The rise of so-called generative artificial intelligence tools like the popular ChatGPT.

“Those of us representing human artists and songwriters will have to stay ahead of the curve to ensure our clients have the opportunity to evolve in tandem with technology,” said Farrah A. Usmani, an attorney at the firm Nixon Peabody.

To read this year’s full list of Top Music Lawyers – featuring dozens of names with short blurbs on why they matter in 2023’s music industry – go read the entire thing here.

Other top stories…

NO SATISFACTION LIKELY FOR STONES ACCUSER – I took a deep dive last week into the recent copyright lawsuit claiming that the Rolling Stones copied their 2020 song “Living In A Ghost Town” from two little-known tracks, chatting with musicologists and litigators to understand the allegations and whether they’re likely to succeed. Go read what they said here.

MORE ROLLING STONES LITIGATION – In unrelated news, a new trademark lawsuit was filed that centers on the famed “tongue and lips” logo used by the Stones since 1971. The case was filed by a clothing chain that says it was threatened by a UMG-owned merch company with “unfounded” infringement litigation after it featured a similar design on t-shirts. (The band itself is not involved in the litigation and is not accused of any wrongdoing.)

TORY LANEZ DEMANDS NEW TRIAL – Attorneys for the rapper asked a Los Angeles judge for a new trial after he was convicted in December in the 2020 shooting of Megan Thee Stallion, calling the guilty verdict a “miscarriage of justice.” Such requests are standard procedure for someone who has lost at trial, but they are very rarely granted.

NICK CARTER COUNTERSUIT MOVES AHEAD – A Las Vegas judge refused to dismiss a countersuit filed by Backstreet Boys member Nick Carter against Shannon “Shay” Ruth, a woman who has accused him of rape. Ruth claimed that Carter’s defamation case was a so-called SLAPP suit that aimed only to “harass and intimidate” her, but Judge Nancy Alff was not convinced.

COACHELLA SETTLES ‘COACHILLIN’ LAWSUIT – The organizers of the annual festival agreed to drop a trademark lawsuit against Coachillin Business Park, a development site located just a few miles to the north of the grounds. Under the terms of the settlement, Coachillin said it would “cease any and all use” of the name going forward.

This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: A song-theft copyright lawsuit against the Rolling Stones over a rare release of new music in 2020; a one-year-later update on Morris Day’s dispute with the Prince estate over his band name and music rights; a ruling for the Offspring against an ex-drummer who wanted a bigger cut of the band’s $35 million catalog sale; and much more.

Want to get The Legal Beat newsletter in your email inbox every Tuesday? Subscribe here for free.

THE BIG STORY: Rolling Stones Headed To Court

More than 60 years into their legendary history, the Rolling Stones are facing a new copyright lawsuit claiming their 2020 single “Living in a Ghost Town” — a rare new song from the band — lifted material from a pair of little-known earlier tracks.

The case was filed by songwriter Sergio Garcia Fernandez (stage name Angelslang), who claims that Mick Jagger and Keith Richards “misappropriated many of the recognizable and key protected elements” from his 2006 song “So Sorry” as well as his 2007 tune “Seed of God.”

In any copyright lawsuit, an accuser needs to show that the alleged infringer had “access” to their work in order to copy it. Oftentimes, they can show that a song was simply so widely-available – millions of streams, constant airplay, etc. – that the defendant obviously heard it.

But in Angelslang’s case, the two songs each list fewer than 1000 listens on Spotify. So what does he claim? That he directly gave a demo CD to “an immediate family member” of Jagger, who then allegedly confirmed in writing that the songs had “a sound The Rolling Stones would be interested in using.”

To get Billboard’s entire breakdown of the new lawsuit – including the actual legal complaint filed in court against the Stones – read the full story here.

Other top stories this week…

PRINCE ESTATE v. MORRIS DAY UPDATE – One year after Morris Day accused the Prince estate of trying to “rewrite history” by “taking my name away,” I took a deep dive into the current status of the dispute. The results: The trademark dispute over “Morris Day & The Time” has seemingly been worked out, but key issues about Day’s copyrights in two of The Time’s biggest songs remain unresolved.

OFFSPRING OFF THE HOOK – A Los Angeles judge handed The Offspring a victory in its long legal battle with former drummer Ron Welty, who claimed he was owed millions more in profits from the veteran punk band’s $35 million catalog sale.

EARTH, WIND, FIRE & LITIGATION – The famed R&B act filed a trademark lawsuit against a rival group that’s been performing under the name “Earth Wind & Fire Legacy Reunion,” calling them imposters who are infringing the band’s trademarks to “mislead the ticket-buying public.”

SHEERAN SHOWDOWN LOOMS – With a trial set for next month over whether Ed Sheeran’s “Thinking Out Loud” infringed Marvin Gaye’s “Let’s Get It On,” a federal judge weighed in on two key pre-trial questions – whether a live performance of Gaye’s song will occur in the courtroom, and whether an infamous YouTube clip could be played for jurors.

FALLOUT FROM ROCHESTER DISASTER – Authorities in Rochester revoked the operating license from the Main Street Armory, the western New York concert venue in which a deadly stampede occurred last week after a performance by GloRilla and Finesse2tymes. No civil lawsuits have yet been filed by victims or their families, but criminal and regulatory investigations are already under way.

XXXTENTACION VERDICT WATCH – Jury deliberations are continuing in the trial of three men accused of murdering rising rap star XXXTentacion during a 2018 robbery outside a Florida motorcycle shop. The trial, which wrapped up on March 10, was sometimes overshadowed by efforts by defense attorneys to involve Drake in the proceedings. All three defendants face mandatory life sentences if convicted.

This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Ed Sheeran’s lawyers move to ban a “misleading” concert clip from his upcoming copyright trial, Justin Bieber is sued over a 2022 shooting the occurred after his concert, Drake fights back against efforts to drag him into the XXXtentacion murder trial, and much more.

Want to get The Legal Beat newsletter in your email inbox every Tuesday? Subscribe here for free.

THE BIG STORY: Ed Sheeran’s Lawyers Want Concert Footage Banned From Trial

Ed Sheeran is headed to trial in a few months over allegations that his smash hit “Thinking Out Loud” infringed Marvin Gaye‘s iconic “Let’s Get It On.” And unfortunately for Ed, there’s a video floating around on YouTube of him playfully switching back and forth between the two songs at a 2014 concert.

Unsurprisingly, Sheeran’s accusers (the heirs of Gaye’s co-writer Ed Townsend) want to play that video at the trial. They point to an earlier ruling in the case when the judge specifically noted that a clip of Sheeran “seamlessly transitioning” between the two songs might serve as key evidence in a jury trial.

But in a new filing last week, Sheeran’s lawyers asked that same judge to block the plaintiff’s from citing the video. The problem? They say the video is falsely incriminating – that it might look to jurors like damning evidence, but only actually shows that both songs contain a common chord progression.

“There are dozens if not hundreds of songs that predate and postdate [Let’s Get It On] utilizing the same or similar chord progression,” Sheeran’s lawyers wrote. “These medleys are irrelevant to any issue in the case and would be misleading [and] confuse the jury.”

For a full breakdown of Sheeran’s arguments – including their claim that the dispute could have a broader “chilling effect” on how artists perform at concerts – go read our story here.

Other top stories this week…

2022 SHOOTING LAWSUIT – Justin Bieber and Kodak Black were hit with a lawsuit over a shooting that occurred last year outside a pre-Super Bowl party that followed Bieber concert, filed by two men who say they were hit in the crossfire.

DRAKE’S DEPOSITION DRAMA – A Florida judge ordered Drake to sit for a deposition over the murder of XXXtentacion, but the superstar’s lawyers quickly fired back that he has no connection at all to the crime and that defense attorneys are merely trying to “add more layers of celebrity and notoriety” to the case.

ANTITRUST ANTICLIMAX – A federal appeals court rejected an antitrust lawsuit accusing Ticketmaster and Live Nation of exploiting its “impregnable market power” to foist inflated prices on hundreds of thousands of fans. Upholding an earlier ruling, the court said concertgoers forfeited their right to sue in court when they bought their tickets.

DEATH PENALTY SHOWDOWN – Lawyers for YNW Melly launched an appeal to the Florida Supreme Court, seeking to overturn a ruling last year that said the rapper could face the death penalty if convicted in his upcoming murder trial. They say the state violated strict procedural requirements for seeking the death penalty.

MOFI SCANDAL SETTLED. OR IS IT? – Vinyl producer Mobile Fidelity reached a settlement that could be worth as much as $25 million to resolve allegations that the company’s pricey “all analog” records were secretly created using digital methods. But some customers are already objecting to the deal, saying it’s “tainted by the stink of collusion.”

YOUTUBE SCAMMER PLEADS GUILTY – Jose Teran, one of two men accused of orchestrating a $23 million scam to steal YouTube royalties from artists, pleaded guilty to fraud and money laundering charges on the eve of a looming trial. Along with business partner Webster Batista Fernandez (who already pleaded guilty), Teran stole millions from Latin artists under the name “MediaMuv” in what amounts to one of the largest royalty scams in history.