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Legal News

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If you were thinking about selling unauthorized Rod Wave merch outside one of his concerts, you might want to think again.
The “Rags2Riches” rapper won a federal court order Tuesday empowering law enforcement to seize bootleg merchandise sold outside his Charlotte concert on Wednesday, regardless of who was selling it.

“The United States Marshals Service and state and local law enforcement officers may seize and impound any infringing merchandise (i.e. unauthorized goods bearing the full name Rod Wave) that is found for sale between 3:00 PM on Wednesday, November 15, 2023 and 3:00 AM on Thursday, November 16, 2023 and is within 5 miles of the Spectrum Center in Charlotte, North Carolina.”

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Wave is the latest artist to turn to the courts to fight fake merch. Metallica‘s authorized vendor filed a similar case in October to quash bootleggers at two St. Louis shows, and SZA won a similar seizure ruling ahead of a September show at TD Garden in Boston. Post Malone, Cher, Beyonce, Jay-Z, Bruno Mars, Motley Crue, Def Leppard, Jimmy Buffet, Aerosmith, Dead & Co. and many others have filed similar cases, which argue that such unauthorized gear violates artists’ trademarks as well as their likeness rights.

Those cases – and the legal bills it takes to fight them — are a sign of just how valuable concert merch has become to artists. According to data from atVenu, the average concertgoer spent $8.16 on t-shirts, posters and other goods in 2022, a 46% leap from what they spent back in 2019. The average show brought in a whopping $20,778 in gross merch sales.

Restraining orders and injunctions typically require a plaintiff to identify who they’re targeting – a fundamental legal safeguard designed to allow an accused party to defend themselves. But like other judges in previous fake merch cases, Judge Kenneth D. Bell ruled the order should apply to any “John Doe” bootleggers who show up at the venue.

“It is impossible to identify potential defendants until they have already begun to infringe upon Mr. Green’s trademarks, at which point he will have suffered irreparable injuries,” the judge wrote. “The lost profits at even one venue may be significant. Counsel has stated that it is impossible to identify defendants in advance and difficult even to ascertain their identities when confronted at the venue.”

The judge included key limits in his ruling. He required Wave to post a $5000 security bond to cover any merchandise that was wrongfully seized, and said that any alleged bootleggers should be “immediately served” with the lawsuit and “given a receipt if merchandise is seized.” Such defendants can then challenge the order in court

But Judge Bell also paved the way for Wave to win a more-expansive injunction that “reaches beyond Charlotte,” banning bootleggers and allowing for seizures at “future stops on his tour.” A hearing on such an order is set for later this month, where Wave himself must be present and his lawyers will “bring representative samples of any seized merchandise.”

A spokesperson for Wave (born Rodarius Green) declined to comment when asked by Billboard on Thursday about the order and how it had been used at Wednesday’s concert.

Attorneys for Eothen “Egon” Alapatt are firing back at a lawsuit that claims he stole dozens of private notebooks belonging to the late hip-hop legend MF Doom, calling the case “baseless and libelous” and telling his side of the disputed story.
MF Doom’s widow sued last month, claiming that Egon (a label exec and a former collaborator with the famed rapper) wrongfully took possession of the notebooks as Doom spent a decade in his native England ahead of his shocking death in 2020, and has refused to return them ever since.

But in a strongly worded response filed in court Tuesday (Nov. 14), Alapatt’s attorney, Kenneth Freundlich, sharply disputed those allegations, saying that the “frivolous” case contained “knowingly false statements” about his client.

“Plaintiffs’ complaint is the continuation of a year-long smear campaign filled with baseless and libelous attacks on Alapatt’s integrity and character,” Freundlich wrote.

Doom, whose real name was Daniel Dumile, traveled to the United Kingdom in 2010 to perform but was later prohibited from returning to the United States due to immigration issues. He remained overseas until his sudden passing on Oct. 31, 2020, at the age of 49, from rare complications related to blood pressure medication.

In her lawsuit, Doom’s widow, Jasmine Dumile Thompson, says that when the rapper left the country, he left behind a collection of 31 “rhyme books” in his Los Angeles studio. She says they include “musings and other creative ideations,” including original lyrics to released music, lyrics to unreleased songs and song ideas — a veritable treasure trove for Doom fans and hip-hop historians.

Thompson’s lawyers say that Alapatt “took advantage of Doom’s being out of the country” to buy the notebooks from his landlord for $12,500 without ever consulting the rapper. When Doom himself asked for their return, the lawsuit claims, Alapatt “delayed, obfuscated and deflected” and then ultimately refused to return them. And since Doom’s death, Thompson says Alapatt has made the “astonishing” demand that the notebooks must be donated to an archive — a choice that she says runs contrary to Doom’s wishes that they remain “secret and confidential.”

“Who is Alapatt to decide that the notebooks containing the personal and intellectual property of Doom, the rights to which are plaintiffs’ alone, must be donated to an archive against the will of the deceased artist and his surviving family?” Thompson’s lawyers wrote in their complaint. “Setting aside the fact that the notebooks were stolen, Alapatt’s arrogant paternalism and extreme tone-deafness in trying to dictate that the notebooks be donated is astonishing.”

In Tuesday’s response, Alapatt’s lawyers admit that he took possession of Doom’s materials but denied that Doom had actually been their legal owner when he died. The real owner, they say, was the studio landlord because the notebooks had been left behind at his property and a large amount of rent had been left unpaid. If not for Alapatt’s actions, his lawyers argued that the landlord “would have either sold or possibly destroyed the notebooks.”

“Contrary to the knowingly false statements contained in the complaint, Alapatt saved and preserved the notebooks after he purchased them from DOOM’s former landlord who owned and controlled the notebooks because DOOM had abandoned his studio and was in years’ long arrears on rent,” Freundlich wrote in the court documents.

Alapatt’s lawyers say he later repeatedly tried to make arrangements with Doom and his reps to return the materials during his lifetime, but that the artist had failed to follow up. At one point, his attorneys say, Doom “seemed to have completely forgotten his prior discussion with Alapatt” about returning the notebooks.

Tuesday’s response confirms one key allegation of Thompson’s lawsuit: That Alapatt had said he would only return the notebooks if a digital copy of them was donated to an archive. (In the filing, his lawyers say he suggested  “the Cornell Hip-Hop Archive, the Smithsonian, or another accredited archive of their choosing.”)

But his lawyers argue that the request was a fair one because donating the materials would help protect “precious artifacts of hip-hop history” and allow “scholars and researchers to study DOOM’s creativity and further entrench his creative genius — not just in hip-hop but in American history.”

“Rather than accept Alapatt’s generous offer,” Freundlich writes in Tuesday’s filing, “plaintiffs chose to continue their hurtful, and defamatory attacks against Alapatt by filing this frivolous complaint.”

Attorneys for Thompson did not immediately return a request for comment on Wednesday.

The bitter legal battle between Sean “Diddy” Combs and alcohol giant Diageo over their soured tequila venture is going to be paused until at least next spring, an appeals court says.
In a ruling on Tuesday, a panel of judges on New York’s appellate division granted Diageo’s request for a so-called stay of the lawsuit, in which Combs accused the company of racism and failing to adequately support his DeLeon brand of tequila.

Diageo’s attorneys asked for the pause while they try to convince the appeals court to overturn a ruling this summer for Diddy and send the case to private arbitration, which would negate the need for continued litigation. Combs’ attorneys had called Diageo’s request a “desperate attempt to delay judicial scrutiny for its discriminatory conduct.”

Tuesday’s decision means any progress in the underlying case will be paused until at least April, which is when the appeals court said Diageo’s appeal must be ready to be heard.

Following the ruling, Combs’ attorney John Hurston told Billboard: “Once the appellate court considers the actual merits, we are confident that they will reach the same conclusion as two separate judges already: that Diageo can’t avoid a public trial.”

A spokeswoman for Diageo did not immediately return a request for comment.

Combs sued in May, claiming Diageo breached his partnership deal for DeLeon Tequila by failing to properly support the brand. But he also went a lot further than that, leveling accusations of racism and claiming Diageo had treated his product line “worse than others because he is Black.”

“Cloaking itself in the language of diversity and equality is good for Diageo’s business, but it is a lie,” Combs’ lawyers wrote. “While Diageo may conspicuously include images of its Black partners in advertising materials and press releases, its words only provide the illusion of inclusion.”

The case claimed that Diageo had “typecast” his DeLeón Tequila as a “Black brand” that could only be sold to “urban” consumers, harming its sales and leaving it lagging behind competing Diageo brands like Casamigos and Don Julio.

Diageo responded a month later, calling the lawsuit a “bad faith, sham action” filed by a star who had “amassed nearly one billion dollars” from their partnership but now wanted to “extract” billions more.

“These allegations are nothing more than opportunistic attempts to garner press attention and distract the court from the fact that plaintiff’s breach-of-contract claim is entirely without merit,” the company’s attorneys wrote. “Diageo categorically denies these accusations.”

Diageo demanded that the case be sent to private arbitration, citing a provision in Diddy’s partnership contract that they said required such disputes be handled out of court. The company argued that, if Diddy’s “inflammatory rhetoric” about racism was removed, the case was nothing more than a “garden variety” business dispute that must be arbitrated.

But in September, the judge overseeing the case rejected that argument, meaning the case would move forward in state court, with the trial open to the public.

Diageo quickly appealed that ruling, and asked for a stay to prevent the case from moving forward while the appeal played out. Without a pause, the company said it faced “irreparable harm” because it would be forced to “arbitrate and litigate the same issues at the same time.”

After Tuesday’s ruling granting that request, the case will not proceed until the appellate court rules on Diageo’s appeal. Tuesday’s order said the appeal must be “perfected for the April 2024 Term of this Court,” but it’s unclear if that means the case will be decided by then, or merely argued and briefed.

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: An Atlanta judge rules that Young Thug’s rap lyrics can be used as evidence in his upcoming gang trial; two new sexual assault cases are filed against powerful music executives; R. Kelly sues the federal prison system for allegedly leaking private info to a gossip blogger; and more.

THE BIG STORY: Rap Lyrics Headed To Trial

After years of reporting on “rap on trial” — the controversial use of lyrics as criminal evidence against the artist who wrote them — it was remarkable to watch last week as prosecutors from America’s rap capital battled with defense attorneys for one of hip-hop’s biggest stars over that very subject in open court.

Is Atlanta’s district attorney “targeting the right to free speech” by using Young Thug’s lyrics in the upcoming gang trial? Or are prosecutors merely pointing out glaring admissions of criminal activity that “just happen to come in the form of lyrics”?

In the end, as they often do when it comes to lyrics, the judge sided with prosecutors: “They’re not prosecuting your clients because of the songs they wrote,” said Judge Ural Glanville, speaking to Thug’s lawyer Brian Steel during the hearing. “They’re using the songs to prove other things your clients may have been involved in. I don’t think it’s an attack on free speech.”

For a full recap of the hours-long hearing, go read our full story here. And look out for our upcoming coverage on the YSL trial, which is set to start Nov. 27.

THE OTHER BIG STORY: More Music #MeToo

The music industry saw two new lawsuits last week alleging sexual abuse by powerful men, continuing a wave of such cases filed over the past year.

The first, filed Wednesday (Nov. 8) in New York state court, accused former Recording Academy president/CEO Neil Portnow of drugging and sexually assaulting a woman in 2018. Those are the same allegations that were partially aired four years ago in an explosive discrimination complaint filed by Deborah Dugan, who briefly replaced Portnow as Academy boss after he stepped down in August 2019.

The second lawsuit, filed later that same day in New York federal court, accused legendary industry exec Antonio “L.A.” Reid of sexually assaulting A&R executive Drew Dixon and then derailing her once-promising career when she refused his further advances. Those claims, too, were already public to some extent: Dixon previously accused Reid of harassment in a 2017 article for The New York Times as well as a subsequent documentary.

Over the past year, such accusations have become troublingly common.

Two women are suing Atlantic Records over abuse allegations against late co-founder Ahmet Ertegun; country star Jimmie Allen is facing two sexual assault lawsuits; Backstreet Boys member Nick Carter has been sued by three different women who claim he sexually assaulted them as minors in the 2000s; Kenny MacPherson, the CEO of Hipgnosis Songs Fund’s publishing unit, is facing a lawsuit claiming he subjected an employee at a previous company to an “onslaught of unwanted sexual advances”; a woman is suing singer Jason Derulo for allegedly harassing her and then dropping her from a deal with his Atlantic imprint after she rebuffed him; and Kobalt Music Group is facing claims that it enabled former exec Sam Taylor as he leveraged his position of power to demand sex from a songwriter.

Other top stories this week…

R. KELLY SUES FEDS OVER LEAKS – The disgraced R&B singer filed a lawsuit against the federal Bureau of Prisons over allegations that someone at the agency leaked private information about him — including recordings of private phone calls with his girlfriend and lawyers — to social media personality Tasha K, who then shared them with millions of followers. Before you ask: Yes, that’s the same YouTube gossip host that Cardi B successfully sued for defamation last year after Tasha K posted false stories about drug use, STDs and prostitution by the superstar rapper.

LINKIN PARK LITIGATION – The band was hit with a lawsuit over the anniversary re-release of its smash hit 2000 debut album Hybrid Theory, filed by a bassist who says he performed on rare and unreleased recordings that were featured as part of the deluxe box set but has “never been paid a penny.”

OFFSET ASSAULT ACCUSATION – The Migos rapper (real name Kiari Kendrell Cephus) was sued by a security guard who claims he was assaulted two years ago by Offset and YRN Murk after he turned them away from ComplexCon, a cultural festival hosted by Buzzfeed’s Complex Networks.

In a stunning wrinkle in the fevered battle between Kakao Corp. and HYBE for a controlling stake in K-pop company SM Entertainment, Kakao’s chief investment officer was indicted Monday (Nov. 13) for allegedly manipulating the stock price to ward off HYBE’s rival bid.

Bae Jae-hyun, Kakao’s chief investment officer, will face a trial for violating South Korea’s Capital Markets Act, according to reports. He allegedly inflated the price of SM Entertainment shares by purchasing 240 billion won ($181.3 million) of shares while HYBE, home of K-pop group BTS, was attempting to buy a large stake in the company. Prosecutors also charged Kakao using a provision in the law that allows both a company and its employees to be punished.

The scheme to manipulate SM Entertainment’s share price stemmed from a heated competition between Kakao and HYBE to become the largest shareholder in SM Entertainment — home to such K-pop acts as NCT Dream and Red Velvet — to help rebuild the company after it terminated a production contract with its founder, Lee Soo-man. In February, HYBE acquired a 14.8% stake in the K-pop giant from Lee and attempted to acquire an additional 25% stake through a tender offer at 120,000 won ($92.36) per share. HYBE’s bid was too low, however, and the tender offer gave HYBE less than 1% of outstanding shares.

Bae allegedly acquired SM Entertainment shares to drive up the price above HYBE’s tender offer price, thus thwarting its efforts to obtain a larger stake. On March 6, Kakeo and Kakao Entertainment followed with a tender offer of 150,000 won ($115.46) per share — 25% above HYBE’s tender offer price — and ended up acquiring an additional 25% stake, bringing its ownership of SM Entertainment to 40%. HYBE abandoned its bid to control SM Entertainment on March 13 and announced on March 28 that it would sell nearly half of its stake in SM Entertainment to Kakao for 248.8 billion won ($191.8 million).

Kakao is a South Korean tech conglomerate that owns the country’s dominant chap app, KakaoTalk, and a popular taxi-hailing app, Kakao Mobility, among other products. A subsidiary, Kakao Entertainment, owns Starship Entertainment, home to such K-pop groups as Monsta X, as well as South Korea streaming app Melon. In August, Kakao Entertainment and SM Entertainment revealed their plans to create a North American joint venture by the end of 2023.

The investigation into stock manipulation started soon after Kakao and Kakao Entertainment beat out HYBE for the SM Entertainment stake. South Korean officials raided the offices of Kakao and Kakao Entertainment on April 6 and SM Entertainment’s headquarters on April 18. Bae was arrested for suspected stock manipulation on Oct. 19 before being indicted on Monday. Other executives were suspected of working with Bae to inflate SM Entertainment’s share price, according to a Reuters article at the time of his arrest, but to date no one else has been charged.

R. Kelly is suing the federal Bureau of Prisons over allegations that the agency leaked private information about the disgraced singer to social media personality Tasha K — the same YouTube gossip host that Cardi B sued for defamation last year.

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In a complaint filed Monday (Nov. 13) in Chicago federal court, Kelly’s lawyers say an unnamed Bureau of Prisons (BOP) agent illegally accessed Kelly’s digital prison records — including recordings of private phone calls with his girlfriend and lawyers — and sold them to Tasha, who then broadcast them online to more than 1 million followers.

“The defendant United States of America breached its duty of care to the plaintiff when it allowed countless BOP officers to access plaintiff’s confidential information without any legal basis to do so,” Kelly’s lawyer Jennifer Bonjean writes.

The lawsuit, which also names Tasha K (Latasha Kebe) as a defendant, claims that the influencer then “rallied her massive following to harass the plaintiff with the use of the stolen information and created chaos in plaintiff’s personal life.”

The leaks left Kelly “isolated and fearful to communicate with his attorneys or other third parties,” the lawsuit claims, because he knew it could be “released to the general public for mass exploitation.”

Kelly was convicted in 2021 on racketeering and sex trafficking charges stemming from accusations that he orchestrated a long-running scheme to abuse women. In September 2022, he was convicted in Chicago on separate federal charges of child pornography and enticement of minors for sex. The singer, who is currently appealing both convictions, was later sentenced to 30 years in prison.

If Kebe’s name sounds familiar, it should. Last year, Cardi B won a $3.9 million defamation judgment against the blogger over false statements Kebe made about drug use, STDs and prostitution on her YouTube channel “UnWinewithTashaK.” Kebe has since filed for federal bankruptcy, citing her inability to pay that huge judgment.

In his new lawsuit, Kelly claims that Kebe first published private information in November 2019, starting with a video called “R. Kelly Can’t Control his Girlfriends while Behind Bars” that contained information Kebe said came from a “phone tap somewhere.” Later posts allegedly divulged more personal information, including highly-sensitive communications with his legal team.

“The communications … related to personal and family problems, romantic interests, health problems, literacy issues, and issues related to the defense of his pending criminal cases,” Kelly’s lawyers write.

According to the lawsuit, an internal BOP investigation revealed that an unnamed officer had pulled Kelly’s records from the agency’s TruView system, a digital database of information on prisoners. The officer then allegedly scanned them and “emailed that scan to third parties, including defendant Kebe.” But that probe ended without any action against the officer, Kelly’s lawyers claim.

“No charges were brought against defendant BOP Officer A, and the government has refused to reveal any details about the investigation including the identity of Officer A,” Bonjean wrote in Monday’s complaint. “In short, there has been a cover-up of the rampant BOP misconduct that is ongoing.”

Kelly’s lawyers claim that illegal leaks continued even after the BOP was made aware of the initial disclosures to Kebe. They cited a report last summer by the Washington Post about Kelly’s $25,000 in commissary funds — a report that resulted in federal prosecutors seizing the money to pay off his victims.

In technical legal terms, Kelly’s lawyers allege that the leaks amounted to negligence, an invasion of his privacy, an intentional infliction of emotional distress, civil theft and civil conspiracy. They also claim that the officer who stole the records violated the Computer Fraud and Abuse Act — a federal statute that makes computer hacking illegal.

A spokesperson for the BOP declined to comment, citing agency policy on pending litigation. An attorney who has represented Tasha K on other matters did not immediately return a request for comment.

Linkin Park is facing a lawsuit that claims it has refused to credit or pay royalties to an ex-bassist who played with the band in the late 1990s — a legal battle triggered by an anniversary re-release of the band’s smash hit 2000 debut album.

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In a complaint filed Wednesday (Nov. 8) federal court, Kyle Christner says he helped creating many songs that were included on the 2020 box-set edition of Hybrid Theory, which holds the lofty distinction as the best-selling rock album of the 21st century. But he says his contributions have been effectively erased.

“Christner has never been paid a penny for his work with Linkin Park, nor has he been properly credited, even as defendants have benefitted from his creative efforts,” his lawyers wrote in the lawsuit.

Christner claims he was a member of Linkin Park for several months in 1999, until he was “abruptly informed” that he had been fired shortly before the band signed a record deal with Warner Records. But before his exit, Christner claims he played bass on a self-released EP and on several demo recordings, some of which he says he “helped compose.”

His lawsuit claims that as many as 20 of those recordings were released as goodies on the 2020 re-release, making him “a joint creator of many tracks in the box set.” That includes a song called “Could Have Been,” a never-before-released demo track that has amassed 949,000 views on YouTube.

According to Christner, the situation came to a head earlier this year when he was contacted by a Linkin Park representative offering him royalties for the Hybrid Theory re-release. The email allegedly read: “You get mechanical royalties for 3 demos and the 6-song Hybrid Theory EP that you performed on.”

Christner responded by pressing the band for a more detailed explanation of his royalty breakdown, and arguing that he was entitled to a cut from a greater number of tracks — “more than twenty songs.” He later told the band: “If you do not believe I deserve writing credits on these songs, please state your reasons for that in your response.”

Later, after lawyers got involved, Christner says the band backtracked, denying that his work appeared in the box set at all.

“In other words, after admitting that Christner played on at least some tracks included in the box set and admitting that Christner was entitled to at least some ‘mechanical’ royalties, which are royalties paid for compositions, defendants repudiated Christner’s co-authorship and co-ownership of the works at issue,” his lawyers wrote in Wednesday’s complaint.

In technical terms, the lawsuit is asking a judge to issue a so-called declaratory judgment that says Christner is a co-author and co-owner of the copyrights in question, and to weigh in on the “rights and obligations of the parties” — meaning, whether the band owes him a cut of royalties and how much. He also is asking for a court-ordered accounting of royalties for the disputed songs.

As defendants, the lawsuit personally names Linkin Park’s living members (Mike Shinoda, Rob Bourdon, Brad Delson and Joseph Hahn), as well as its business entity, Machine Shop Entertainment LLC, and the band’s label Warner Records.

A rep for Linkin Park did not immediately return a request for comment.

An Atlanta judge ruled Thursday that he would allow many of Young Thug’s rap lyrics to be used as evidence against him and other alleged gang members in their upcoming criminal trial, rejecting arguments that doing so would violate the First Amendment.
The ruling came a day after Fulton County Superior Court Judge Ural Glanville held a hotly-anticipated hearing about the use of lyrics as evidence – a controversial practice that has drawn backlash from the music industry and efforts by lawmakers to stop it.

The lyrics could play a key role in the trial, which will kick off later this month. Prosecutors allege that Thug (Jeffery Williams) and his “YSL” were not really a popular music collective called “Young Stoner Life,” but a violent Atlanta gang called “Young Slime Life” that committed murders, carjackings, drug dealing and other crimes over the course of a decade.

Representing the superstar artist, attorney Brian Steel blasted prosecutors for attempting to use creative expression to convict his client. “They are targeting the right to free speech, and that’s wrong,” Steel said. “They are saying that just because he his singing about it, he is now part of a crime.”

But after an hours-long hearing that ran until nearly 9 pm on Wednesday evening, Judge Glanville largely rejected those arguments. “They’re not prosecuting your clients because of the songs they wrote,” Glanville said from the bench. “They’re using the songs to prove other things your clients may have been involved in. I don’t think it’s an attack on free speech.”

In a formal ruling on Thursday morning, the judge denied Thug’s request to ban the lyrics entirely, and granted a motion by prosecutors to preliminarily admit them. Though Judge Glanville said prosecutors would still need to establish why they were using them and that Steel could object during the trial, the judge repeatedly suggested at Wednesday’s hearing that he would allow lyrics to be admitted as evidence and that it would be up to jurors to decide how much weight to give them.

At the hearing, prosecutor Michael Carlson urged Judge Glanville to avoid sweeping questions about free speech. He said the actual issue before the court was not rap lyrics but rather “proclamations of violence” by alleged gang members that are “highly relevant in this case.”

“The issue here is not rap,” Carlson said. “This is not randomly the state attempting to bring in Run DMC from the 80s. This is specific. These are party admissions. They just happen come in the form of lyrics.”

Near the end of the hearing, Carlson sharply criticized the suggestion that the rap lyrics in question were simply works of art without a direct link to real events. “People can look at that indictment and see one thing that’s for sure not fantasy: People are dead. Murdered.”

“That’s not fantasy, your honor,” Carlson said. “That’s tragically real.”

Earlier on Wednesday, prosecutor Symone Hylton highlighted specific lyrics that the state plans to play for jurors during the trial and explained why they were relevant enough to be admitted. They included lines from Thug’s 2016 song “Slime Shit,” in which he raps about “killin’ 12 shit” and “hundred rounds in a Tahoe.”

Hylton argued that “12” is a well-known euphemism for police officers, and that the lyric referred to a specific incident in which an officer was shot by a YSL member. And she said that the “Tahoe” lyric was a boast about the 2015 murder of Donovan Thomas – a key allegation in the indictment.

“Not only did Donovan Thomas drive a Tahoe, there were multiple rounds of shell casings laid out on the ground where he was killed in front of his barber shop,” Hylton said. “While [the lyric] may on the surface seem irrelevant, when you put it to the facts that are going to come out in this case, that particular verse becomes very relevant.”

Among other songs, she also referenced the 2018 track “Anybody,” in which Thug raps “I never killed anybody/ But I got somethin’ to do with that body”; and the song “Really Be Slime,” a 2021 compilation track released by Young Stoner Life Records that features the line “You wanna be slime? Go catch you a body.”

“It’s the state’s contention that [the lyric] means you go out and you go murder someone,” Hylton said. “That’s how you become ‘slime’.”

Young Thug, Gunna and dozens of other alleged YSL members were indicted in May 2022. Gunna and several other defendants eventually reached plea deals, and other defendants were separated from the main case, leaving just Thug and five others to face a jury. If fully convicted, he could face a life sentence.

After months of delays, a jury was finally seated last week, clearing the way for the trial to kick off on Nov. 27 – proceedings that are expected to last well into 2024. But before then, Judge Ural Glanville must decide on whether the jury can hear his lyrics as part of the prosecution’s case.

Civil liberties activists and defense attorneys have long criticized the use of rap lyrics to win criminal convictions. They argue that it unfairly targets constitutionally protected speech, treating hyperbolic verse as literal confessions; they also say it can unfairly sway juries by tapping into racial biases.

Lawmakers in California enacted legislation last year restricting the use of creative expression as evidence in criminal cases, and a federal bill in Congress that would impose similar restrictions has been widely supported by the music industry. But absent such statutes, courts around the country have mostly upheld the right of prosecutors to cite rap lyrics, particularly in gang-related cases.

In his arguments Wednesday, Thug’s lawyer Steel echoed such concerns in pushing to exclude the lyrics from the case. He noted that many other artists had used similar phrases – he name-dropped Rick Ross, Meek Mill and Cardi B — and that rap lyrics are often exaggerated or wholly fictional. Steel argued that individual lyrics should only be admitted when prosecutors have linked them much more specifically to actual alleged actions – an analysis he said the DA’s office had failed to perform.

But Steel’s main message for Judge Glanville was that using the lyrics would violate the First Amendment and its protections for free speech, arguing that it would effectively criminalize the output of a “prolific songwriter.”

“A person in America can say I hate Brian Steel, I hate criminal defense lawyers, I hate prosecutors, I hate judges,” Steel said. “We believe that we flourish when we can share ideas even when they’re repugnant, even when you don’t agree with them.”

“If you allow this evidence,” Steel said, “it’s going to have a chilling effect.”

But Judge Glanville was skeptical of Steel’s arguments from the beginning, repeatedly suggesting that he believed some of the lyrics were relevant enough to be admitted in the case — and occasionally showing frustration with Steel’s arguments to the contrary. At one point, he interrupted Steel to say that “the First Amendment is not on trial.”

Later, Steel said that prosecutors were using Thug’s “words” to convince jurors that he was “a bad man” — the kind of improper “character” evidence that is typically rejected. But Judge Glanville again had a quick retort: “No they’re not. They’re using his words to show that he’s involved in a gang.”

Antonio “L.A.” Reid — the legendary music industry executive who headed up labels including Epic, Island Def Jam and Arista over the course of a storied career — has been sued for sexual assault and harassment by former Arista A&R executive Drew Dixon.

In a complaint filed Wednesday (Nov. 8) in U.S. District Court in New York, Dixon publicly claims for the first time that Reid sexually assaulted her on two separate occasions — incidents she claims derailed her once-promising career and ultimately cost her millions of dollars in lost income. Dixon had previously accused Reid of harassment in a 2017 article for The New York Times as well as a subsequent documentary.

The lawsuit was brought under New York’s Adult Survivors Act, which allows alleged victims of sexual offenses that fall outside the statute of limitations to file civil suits for a year-long period spanning from Nov. 24, 2022, to Nov. 24, 2023.

Dixon contextualizes Reid’s alleged harassment and assault with the abuse she claims to have suffered at the hands of another former boss: Russell Simmons. In the same 2017 New York Times article where she lodged harassment claims against Reid, Dixon claimed that Simmons raped her during her tenure as an A&R executive at his Def Jam label. She now claims that Reid was “aware” of Simmon’s alleged assault at the time she began working for him at Arista — and that Reid nevertheless went on to abuse her as well.

According to the Nov. 8 complaint, the first alleged assault occurred on a private plane to Puerto Rico in 2001, when Dixon was serving as vp of A&R at Arista during Reid’s tenure as president/CEO. Dixon claims she was told not to book her own flight to Puerto Rico, where Reid was hosting a company-wide retreat, because Reid had invited a group of senior executives to join him on a private jet. But when she arrived, she claims she “was confused…to find Mr. Reid all alone.” Dixon claims that Reid began flirting right away and, after asking her to sit beside him to go over materials for a presentation, he began “kissing her and digitally penetrated her vulva without her consent.”

Dixon goes on to state that though she was entitled to her own room at the hotel in Puerto Rico, she insisted on sharing a room with her assistant “to avoid any possibility that Mr. Reid might try to find another way to be alone with her during the retreat.” She says that throughout their time there, she “stayed close to her assistant” before taking a commercial flight home in order to avoid a similar incident.

The second alleged assault occurred later that same year following a work event in New York, when Reid allegedly insisted that Dixon “join him for a ride to drop her at home so they could continue to discuss work and he could listen to some of the music she had been waiting for him to review,” including a demo of a young singer named Alice Smith. Dixon says she agreed because “it was not a very long ride” and because she knew Reid’s driver would be present — and also “that if she continued to avoid Mr. Reid, she would never be able to get anything approved for her artists.”

Not long into the car ride, Dixon alleges, Reid began “to grope and kiss” her as she “squirmed and pushed him away” while his driver “stared straight ahead.” After Reid allegedly “complained and became visibly irritated with her lack of compliance,” Dixon says she “froze” and claims that Reid once again “digitally penetrated” her vulva without her consent.

Following the second alleged assault, Dixon says she “intensified her efforts to avoid” Reid, knowing that reporting the alleged assaults would be “career ending.” Though she says she was advised by other Arista executives, at Reid’s behest, “to wear skirts and high heels” at work, she claims she began wearing “jeans and Birkenstock clogs” to the office under the belief that it would make her less of a target for Reid.

However, Dixon claims that Reid continued to sexually harass her, including by inviting her to meetings in his hotel room at the Four Seasons “night after night.” Though she says she continually turned down these overtures, she claims Reid began calling her late at night and that, when she began letting his calls go straight to voicemail, he “became angrier and angrier” and “turned hostile towards her, and her artists, and her ideas.”

Dixon claims Reid then channeled his anger into thwarting her career and the careers of her artists.

“Promotional and recording budgets were suddenly reduced dramatically or frozen altogether,” the complaint reads. “Song demos and artist auditions were flatly rejected. Ms. Dixon could not do her job at Arista, and she became increasingly concerned that her stifled success at Arista would impede her ability to secure a similar job at another label.”

Dixon additionally accuses Reid of “blocking” artists she attempted to sign — including, she claims, future megastars Kanye West and John Legend. After allegedly bringing in West for an audition, she claims Reid passed on the rapper “and then proceeded to berate Ms. Dixon in front of the whole A&R department about how bad she was at her job and what a waste of his time the audition had been, all while Kanye waited in the lobby.”

In the case of Legend, Dixon claims that while Reid initially showed some interest in the singer after Dixon played a demo for him, her subsequent refusals to join him in his hotel room led Reid to no-show at Legend’s audition as punishment.

“Once she realized Mr. Reid would continue to stifle her career and the prospects of any of the artists she brought to him and that he would continue to undermine the artists she had already signed like Toya in order to punish Ms. Dixon for rejecting his sexual pressures, Ms. Dixon gave up not just on Arista, but on her dream of starting a label,” the complaint reads. “She left Arista to pursue an MBA at Harvard Business School in 2002. Resigned to the fact that she would not ever be able to function in the music industry without being sexualized.”

Dixon claims that after graduating from Harvard with honors in 2004, she joined Legend as a GM at his Homeschool Records, where she worked with the singer to co-executive produce Estelle‘s U.S. debut album, Shine, and arranged for West to record a feature on the Grammy-winning single “American Boy.” However, while working on the promotion of the album with staff at Atlantic Records, she claims coming into contact with Reid and Simmons’ “enablers” at the label “triggered depression” and caused her to retreat from the industry once again.

According to the complaint, Dixon came into contact with Reid once more, during his tenure as chairman/CEO at Island Def Jam, when she was trying to kickstart a career as a songwriter-producer. Claiming she “still had not worked through the abuse she had experienced in the music industry,” she says she set up a meeting with Reid to play a demo of her songs with the hope of placing them with some of his artists. During the meeting, she said Reid “insisted that she stand up and sing for him” despite coming to him as a songwriter-producer, leading to the return of “the crass feeling of being objectified” by Reid. “No amount of time, education, marital status, or additional hit records would undo the harm of the assaults,” the complaint reads.

Dixon says the legacy of Reid’s assaults is ongoing. In 2017, after starting her own label, The Ninth Floor, she alleges that an unnamed label executive who initially “appeared to love” the music of her artist, Ella Wylde, cut off communications after allegedly learning of Dixon’s history with Reid.

“Mr. Reid’s looming presence and power in the music industry affects Ms. Dixon in the present day,” the complaint reads. “As she attempts to participate in new dimensions of the industry such as the highly lucrative music royalty space where her combination of A&R chops and her Harvard MBA should make her a highly employable senior professional, Ms. Dixon has been told that although she is well-known, well-respected, and highly qualified, she is essentially blackballed because she has spoken out against Mr. Simmons and Mr. Reid. Thus, the harm is ongoing and unceasing.”

Dixon is suing Reid for sexual battery/assault, false imprisonment, intentional infliction of emotional distress and gender-motivated violence. She is demanding a trial by jury.

Representatives for Reid’s current company, mega, did not return a request for comment at press time.

Though Dixon’s assault claims against Reid are new, Reid’s image began to crumble in 2017 when the then-Epic Records head was accused of sexually harassing one of his female assistants. That allegation led to Reid’s exit from the label, where it was alleged that other executives knew of his conduct but did nothing to stop it. Since that time, Reid has continued to work in the industry, launching the HitCo label alongside Charles Goldstuck before selling it to Concord in 2022. Earlier this year, Reid launched mega, a music collective co-founded by Usher which is distributed by Larry Jackson‘s gamma.

In 2020, Reid, also an accomplished record producer, sold his music catalog to Hipgnosis Songs Fund and joined the company’s advisory board.

Stories about sexual assault allegations can be traumatizing for survivors of sexual assault. If you or anyone you know needs support, you can reach out to the Rape, Abuse & Incest National Network (RAINN). The organization provides free, confidential support to sexual assault victims. Call RAINN’s National Sexual Assault Hotline (800.656.HOPE) or visit the anti-sexual violence organization’s website for more information.

Former Recording Academy president/CEO Neil Portnow has been sued by an unnamed female musician who says he drugged and sexually assaulted her in 2018. Also named as a defendant is the Recording Academy itself, which the plaintiff accuses of enabling the assault through negligence.

In the lawsuit, filed in New York State Supreme Court on Wednesday (Nov. 8), the woman — described in the complaint as “an internationally acclaimed musician, inventor, and former member of The Recording Academy” who performed at Carnegie Hall in 2015 — claims that while meeting with Portnow in his hotel room in June 2018 to conduct an interview with him for her magazine, she “began to feel woozy” after drinking a glass of wine he offered her.

When the woman allegedly attempted to exit Portnow’s hotel room, she claims Portnow refused to help her leave “while begging her to stay” and attempting to kiss and massage her body. After allegedly losing consciousness, she says she would periodically wake to find Portnow sexually assaulting her in his hotel bed, forcing her hand to “manipulate” his penis and penetrating her vagina with both his penis and fingers.

The woman claims she awoke the next morning “woozy and confused” in the hotel bed as Portnow took a phone call. Once he finished the call, she claims Portnow “begged” her to stay in the hotel room “and under his control” but that she resisted. She says she gathered her things and made her escape after he left.

According to the complaint, the woman first met Portnow in January 2018 at the Paley Center for Media in New York, where he was speaking on a panel at an event for the 50th annual Grammy Awards. One week later, she says she received two VIP tickets to the Grammys and afterparty access from Portnow’s secretary, though she was unable to attend.

In February 2018, the woman says she emailed Portnow to thank him for the tickets, apologize for not being able to attend and tell him about her magazine. She says Portnow subsequently reached out to her in May 2018 telling her that he was traveling to New York City, at which point she told him she was interested in interviewing him for her magazine — leading to their alleged June 2018 meeting in his hotel room.

“In the immediate aftermath” of the alleged assault, the plaintiff says she tried reaching out to Portnow several times “to understand and gain clarity as to what had occurred,” but that Portnow ignored her and returned to Los Angeles around June 15, 2018.

The woman further claims that in October 2018, she emailed the Recording Academy to notify them of the assault and received an email response from the Academy’s chief people and culture officer (a position then filled by Gaetano Frizzi) “asking for a phone call to discuss the allegations.” She claims, however, that no one from the Academy ever reached out to interview her.

The following month, the woman says she received an email from Portnow’s legal representative that contained a private message from Portnow. According to a copy of the email which is included in the complaint, Portnow does not directly mention the woman’s assault allegation but instead expresses that he was “deeply saddened by your communications which unfortunately now require me to have an attorney involved.” Portnow also states that he had “always respected” the defendant and that “it is important that we hear each other with compassion and care.”

In December 2018, the woman says she filed a police report with the New York City Police Department naming Portnow as the man who sexually assaulted her.

In the aftermath of the alleged rape, the woman claims she “has suffered and will continue to suffer, great pain of mind and body, severe and permanent emotional distress, physical manifestations of emotional distress, embarrassment, humiliation, physical, personal & psychological injuries.” She also says she has “incurred and will continue to incur expenses for psychological treatment, therapy, and counselling,” “has and/or will incur loss of income and/or loss of earning capacity in her musical career” and was “unable to maintain” her status as an Academy voting member.

The woman is suing Portnow for sexual battery; the Recording Academy for negligent hiring, supervision and retention; and both defendants for gender-motivated violence. She is demanding a trial by jury.

In a lengthy statement sent to Billboard, a spokesperson for Portnow called the woman’s allegations “completely false.”

“The claims are the product of the Plaintiff’s imagination and undoubtedly motivated by Mr. Portnow’s refusal to comply with the Plaintiff’s outrageous demands for money and assistance in obtaining a residence visa for her.

“A series of erratic, bizarre text messages and e-mails to both Mr. Portnow and the Recording Academy from the Plaintiff had already persuaded numerous previous Plaintiff’s lawyers who resigned, as well as a police agency, that her claims were baseless. The latest incarnation offers a ‘new and improved’ story, padding it with even more outrageous and untrue allegations.

“More than 5 years later, Mr. Portnow remains consistent in his refusal to assist the Plaintiff in her absurd demands that he help her in procuring a United States permanent resident visa, marry her, make children with her, support her musical career, or pay her millions of dollars so that she would not bring her frivolous lawsuit.

“When the first attempt was made to extract money and other benefits as listed above, Mr. Portnow, who was at that time President/CEO of the Recording Academy, immediately enlisted the Academy’s HR Department to review the nonsensical text messages and emails that he made immediately available.  An outside independent investigation led by top-tier lawyers, reviewed all relevant texts, emails, interviewed witnesses, and found absolutely no proof to support any of the allegations. The Academy’s Executive Committee and Board of Trustees were made aware of the results of the investigation and report; subsequently, Mr. Portnow served at the helm of the Recording Academy for the balance of the term of his contract. Throughout these processes, Mr. Portnow voluntarily and fully cooperated with and supported the investigation of these false allegations.

“Accordingly, Mr. Portnow will defend the case with vigor and will prevail.”

The Recording Academy sent the following statement to Billboard: “We continue to believe the claims to be without merit and intend to vigorously defend the Academy in this lawsuit.”

The woman’s allegations were partially aired nearly four years ago in the explosive discrimination complaint filed by Deborah Dugan, who briefly replaced Portnow as Recording Academy president/CEO after he stepped down in August 2019. The following January, Dugan was placed on administrative leave, after which she filed a discrimination complaint against the Academy with the Equal Employment Opportunity Commission. In that complaint — details from which are outlined in the new lawsuit — Dugan claimed that during a May 2019 meeting of the board prior to assuming Academy leadership, she was informed that sexual assault allegations had been lodged against Portnow by a foreign female recording artist who was also a member of the Academy. Dugan alleged that she was placed on leave after she refused to bring Portnow back as a consultant for the Grammys.

Shortly after Dugan filed her complaint, Portnow released a statement calling the rape allegations “ludicrous, and untrue. The suggestion that there was is disseminating a lie.” He added that following “an in-depth independent investigation” of the allegations, he was “completely exonerated.”

Dugan and the Recording Academy reached a confidential settlement in June 2021.