Legal
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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 deep-dive into the messy – and litigious – situation inside the iconic 80s rock band Journey; an update on YNW Melly’s death-penalty case at the Florida Supreme Court; a sudden dismissal of a copyright lawsuit against Benny Blanco, Ed Sheeran and others; and much more.
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THE BIG STORY: Don’t Stop Litigatin’
If you read one thing this week, make it Steve Knopper’s long Billboard story about the simmering problems inside Journey — an epic tale of internal dysfunction among members of an iconic band that’s still printing money decades after its “Don’t Stop Believing” heyday.
The story has it all: dueling security guards in green rooms; a multi-million-dollar pay-per-view wedding; a trail of fired managers and staffers; and an absolute all-timer quote: “This is Neal. I am fucking your wife.” But above all else, it has lawsuits — ranging from divorce to defamation to intellectual property to assault.
Sure, there’s the current battle between lead guitarist Neal Schon and keyboardist Jonathan Cain over a disputed American Express card. But there’s also the lawsuit filed against Live Nation over an alleged assault on Schon’s wife, a case alleging a “coup” by former bandmates Steve Smith and bassist Ross Valory, a trademark dispute with former frontman Steve Perry and much more.
For the full breakdown of the crisis inside Journey, go read the entire story here.
Other top stories this week…
DEATH PENALTY DISPUTE – Prosecutors urged the Florida Supreme Court to reject an appeal by YNW Melly from a ruling last year that said he could face the death penalty if convicted at an upcoming murder trial. The rapper says the state forfeited the right to seek the death penalty by failing to give proper notice, but prosecutors say he “suffered no harm.”
MARILYN MANSON UPDATE – A week after one of Marilyn Manson’s sexual assault accusers recanted her allegations, a judge ruled that the sudden reversal couldn’t be used as evidence in Manson’s defamation lawsuit against his ex-fiance Evan Rachel Wood. The move came after Wood’s lawyers argued the “eleventh hour” revelation was just a “bad-faith” effort to save Manson’s case.
COPYRIGHT CASE CLOSED – Two songwriters who sued Benny Blanco, Halsey, Khalid and Ed Sheeran for copyright infringement over their 2018 hit “Eastside” suddenly dropped the lawsuit. The accusers told Billboard that they decided that continuing the case would have been “too costly, challenging, and risky for us”; but Blanco’s lawyer said the accusations were “baseless” and “never should have been made” in the first place.
PODCAST POT CLASH – Chris “Kit” Gray, the president and co-founder of PodcastOne, was hit with a lawsuit claiming he fired his executive assistant because she refused to ship cannabis products from California (where they’re legal) to his home in Florida (where they aren’t).
TRAVIS SCOTT’S NIGHTCLUB SCUFFLE – Police in New York sought to question rapper Travis Scott after he was accused of assaulting a sound engineer and causing $12,000 worth of damage to sound equipment at Manhattan nightclub Nebula. His reps called it “a misunderstanding being blown out of proportion” and stressed that no charges had been filed. Scott is expected to sit for questioning this week.
FORT LAUDERDALE, Fla. (AP) — A Florida prosecutor told jurors during closing arguments Tuesday (March 7) that three men on trial for the 2018 slaying of rapper XXXTentacion were “predators” who waited outside a motorcycle shop to rob and shoot the rising star, escaping with $50,000.
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Prosecutor Pascale Achille played cellphone videos the defendants allegedly took hours after the killing that showed them smiling and dancing as they flashed handfuls of $100 bills. Michael Boatwright, Dedrick Williams and Trayvon Newsome are all charged with first-degree murder and face mandatory life sentences if convicted.
“This is who they are. This is their real character. Killers that within 24 hours after shooting the victim dead and stealing $50,000 from him, this is what they do,” Achille told the jury as she played the video. “Look at how happy they look. Look at how excited they look.”
She also played surveillance video from the motorcycle shop and from where two of them allegedly stashed an SUV that she says link the men to the killing. And she recounted statements from a fourth man, Robert Allen, who pleaded guilty to second-degree murder last year and testified against his former friends.
George Reres, Newsome’s attorney, implored the jury not to convict his client based on Allen’s testimony or evidence implicating the other two defendants, saying, “He was not there.” He said that Allen, a 12-time convicted felon, should not be believed and that Newsome’s DNA was not found on any evidence.
He told jurors they should not believe Newsome is guilty simply because of the video showing him flashing money with the others, arguing he may not have even known where they got it.
“He did some stupid things — he posed with some money,” Reres said. “Guilt by association is not something the law permits.”
George Reres, Newsome’s attorney, implored the jury not to convict his client based on Allen’s testimony or evidence implicating the other two defendants – “he was not there.” He said Allen, a 12-time convicted felon, cannot be believed and that Newsome’s DNA is not found on any evidence.
He said they should not believe Newsome is guilty simply because there is a video showing him flashing money with the other defendants – he may not have even known where his friends got it.
“He did some stupid things – he posed with some money,” Reres said. “Guilt by association is not something the law permits.”
Mauricio Padilla, Williams’ attorney, called Allen a “liar.” He said the prosecution’s witnesses contradicted each other and Broward County sheriff’s detectives didn’t look at other possible suspects, including the Canadian star rapper Drake — he and XXXTentacion had an online feud. He said his client did tattooing and other work that paid him in cash, so the video of him flashing money means nothing.
Padilla also cast doubt on the value evidentiary value of the surveillance video, saying that while it may show his client in the store and walking back to the SUV, there are moments where the vehicle is blocked and Williams could have gotten out and left.
Boatwright’s attorney is to give his closing argument later Tuesday. The trial began a month ago.
XXXTentacion, whose real name was Jahseh Onfroy, had just left Riva Motorsports in suburban Fort Lauderdale on June 18, 2018, with a friend when his BMW was blocked by an SUV that swerved in front.
Surveillance video showed that two masked gunmen emerged and confronted the 20-year-old singer at the driver’s window, and one shot him repeatedly. They then grabbed a Louis Vuitton bag containing cash that XXXTentacion had just withdrawn from the bank, got back into the SUV and sped away. The friend was not harmed.
Boatwright, 28, is accused of being the shooter, while Newsome, 24, is accused of being the other gunman. Williams, 26, is accused of being the driver.
Prosecutors say the men, along with Allen, set out that day to commit robberies and went to the motorcycle shop to buy Williams a mask. There they spotted the rapper and decided to make him their target. Allen and Williams went inside the motorcycle shop to confirm it was him. They then went back to the SUV they had rented and waited for XXXTentacion to emerge and ambushed him, according to prosecutors.
The rapper, who pronounced his name “Ex ex ex ten-ta-see-YAWN,” was a platinum-selling rising star who tackled issues including prejudice and depression in his songs. He also drew criticism over bad behavior and multiple arrests, including charges that he severely beat and abused his girlfriend.
Florida prosecutors are urging the state’s supreme court to reject an appeal by YNW Melly over whether the rapper should face the death penalty if convicted in his upcoming murder trial.
Last month, lawyers for Melly (real name Jamell Demons) asked the Florida Supreme Court to tackle his case, arguing that prosecutors had forfeited the right to seek the death penalty by failing to give proper notice that they planned to do so.
But in a response last week, Florida’s attorney general told the top court that it should steer clear of the rapper’s case.
“Demons has suffered no harm,” prosecutors wrote in the Feb. 27 brief. “He was on notice for three years that the State was seeking death and at no time had the State indicated it was altering its sentencing intent.”
In asking the state high court to take up his case, Melly has argued that it raises issues of “great public importance” for Florida law beyond his individual charges. But in their response, prosecutors said there was no such pressing need for such judicial review.
“No other district court has been faced with this issue, thus showing that the issue rarely arises,” the state wrote in its brief. “Should a death sentence be imposed, this Court will have the opportunity to resolve this unique matter on direct appeal.”
Melly has spent years awaiting trial on first-degree murder charges over accusations that he and another YNW rapper shot and killed Anthony “YNW Sakchaser” Williams and Christopher “YNW Juvy” Thomas Jr. in 2018.
A first-degree murder defendant in Florida would typically face the possibility of execution if convicted, but Melly’s attorneys argued last year that the state had failed to comply with strict laws on how they must warn defendants that they’ll seek the death penalty.
Florida requires prosecutors to give notice 45 days after arraignment if they plan to seek capital punishment. In Melly’s case, the state attorney filed such a notice when they originally indicted the rapper in 2019, but failed to do so when a so-called superseding indictment was handed down earlier this year.
In July, a trial judge sided with Melly’s attorneys and said prosecutors had forfeited the chance to seek death. But in November, an appeals court ruled the judge’s decision was incorrect. The court wrote that since prosecutors gave notice that they might seek death when they first charged Melly in 2019, they had complied with state rules: “Notice is notice.”
Melly appealed that ruling to the Florida Supreme Court last month, arguing it was important that the death penalty law have “precisely defined and easily understood rules.” But like the U.S. Supreme Court, Florida’s top court hears only a small percentage of the appeals it receives.
In its new brief, state prosecutors urged the court to refuse to do so in Melly’s case: “Demons attempts to find conflict were there is none.”
A decision on whether to take the case will be issued by the high court in the months ahead. If it takes the case, both sides will then present more in-depth arguments on the disputed issues. If not, the case will return to the lower court for a jury trial on the murder charges against Melly.
Early in Journey’s 2022 arena tour, lead guitarist Neal Schon became convinced people were out to get him. So he stationed two off-duty police officers outside his dressing room, according to sources familiar with the tour. And at a Florida show last spring, Schon and his wife, Michaele, sent an assistant into keyboardist Jonathan Cain’s dressing room to snoop around — to find what, the sources have no idea.
Cain caught the assistant red-handed, and then hired an off-duty officer to guard his own dressing room, the sources say. So for much of the tour — which sold 296,000 tickets and grossed $31.9 million, according to Billboard Boxscore — two of the three musicians who wrote “Don’t Stop Believin’ ” and performed it every night for decades squabbled over whether one guard outranked the other in the event of a dispute between Schon and Cain. “That’s just the level of pettiness and control and conspiracy they came to believe in,” a source says of the Schons.
From the outside, Journey’s business might seem easy — perform hits like “Wheel in the Sky,” “Any Way You Want It” and “Who’s Crying Now” in arenas and watch the money roll in. Most of those guitar-piano-and-whoa-oh-oh classics are from the ’80s, when Journey dominated rock radio and MTV, scoring eight multiplatinum albums and six top 10 Billboard Hot 100 singles, and becoming a bridge between ’70s regular-guy bands like Boston, Styx and Kansas and the more dangerous-looking Bon Jovis and Mötley Crües of subsequent years.
Journey has sold more than 75 million albums worldwide, according to a recent lawsuit involving the band, and Billboard Boxscore reports a career gross of more than $352.5 million on sales of 7.6 million tickets. Journey has also cleaned up on synch licensing for decades — the iconic final scene of The Sopranos in 2007 famously used “Don’t Stop Believin,’ ” and the band’s songs have appeared in Caddyshack (“Any Way You Want It”), Talladega Nights: The Ballad of Ricky Bobby (“Faithfully”) and last year’s season of Stranger Things (“Separate Ways [Worlds Apart]”). And the group’s 2022 tour was one of its biggest ever, nearly doubling the pace of its previous standalone tour in 2017, which took 67 shows to gross $31.7 million.
Recently, though, simmering, passive-aggressive, behind-the-scenes tension between Schon and Cain has blown up into dueling lawsuits and cease-and-desist letters, including one over Cain’s performance at Mar-a-Lago. Journey is hardly the only group to tour and make albums amid acrimony between band members; examples include Sam & Dave, The Kinks and Van Halen. But Journey’s personality conflicts have spread to its business far more than most, and sources say the Schons have run off business and road managers, accountants and longtime band members. In February, Journey’s longtime bank, City National, cut ties with the band, according to sources, hampering the group’s ability to easily pay its day-to-day touring expenses. Even Journey’s official webpage abruptly stopped operating for several weeks in early February before it recently reappeared.
Courtesy Photo
At the Jan. 27 opening show of Journey’s 2023 arena tour, which runs through April, Cain and Schon stood at least 20 yards apart at all times, on opposite sides of the stage at the Choctaw Grand Theatre in Durant, Okla. The 3,000 fans singing along to hit after hit clearly energized the band, especially frontman Arnel Pineda, who sprinted and twirled around the stage. But Cain and Schon barely looked at each other, even when Cain sang these lines from “Faithfully,” the 1983 hit he wrote: “Circus life under the big-top world/ We all need the clowns to make us smile/ Through space and time, always another show.” Another show: Check. Circus life: Check. Shared smiles: Absent.
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Neal Schon has been litigious for years. In 2007, he sued his ex-wife’s mother-in-law for blogging that he didn’t pay child support. (The mother-in-law, who has since died, said she didn’t say that and the case was eventually dismissed.) In 2019, he sued Live Nation, then-promoter for the band. And in 2020, along with Cain, he sued then-Journey drummer Steve Smith and bassist Ross Valory.
That lawsuit settled in April 2021, for undisclosed terms, and Smith and Valory soon left the band, leaving Schon and Cain to publicly turn on each other in the months that followed. In October, Schon sued Cain in Superior Court in Contra Costa County, Calif., for “improperly” refusing him access to a corporate American Express account representing “millions in Journey funds.” In Cain’s Jan. 13 response, he accused Schon of “completely out-of-control” spending, charging the band’s American Express card for what Cain said were $1 million in personal expenses, including — in a single month last spring — $104,000 for jewelry and clothes, $31,000 to the Bergdorf Goodman department store and $54,000 toward his insurance premiums.
The dispute between Schon and Cain even involves Trump. Cain is married to the ex-president’s spiritual advisor, Paula White-Cain, and he performed “Don’t Stop Believin’ ” at Mar-a-Lago. He also appeared at a Las Vegas “Evangelicals for Trump” event three months before the 2020 presidential election. In December, Schon sent a cease-and-desist letter that called Cain’s Mar-a-Lago performance “deleterious to the Journey brand as it polarizes the band’s fans and outreach.” (Cain declined to comment and Pineda did not respond to interview requests.)
This combative back-and-forth might suggest the central tension in Journey is between Schon and Cain, the remaining members of the group’s megastar era. But numerous music sources who have worked with the band over the years say the lead guitarist is obsessed with controlling the band with Michaele, a fan since childhood, who took an interest in Journey’s affairs soon after their 2013 wedding. The actual conflict, they say, isn’t Schon vs. Cain, but rather Schon vs. everyone. “He’s just an impossible human being,” says an industry source, who has worked with the band. “Jonathan, he’s a good guy: ‘I wrote “Don’t Stop Believin’ ” and I’m blessed.’ Neil’s just ‘I’m a superstar.’ ”
The source refers to a 2018 Tampa Bay Times concert review in which critic Jay Cridlin praised the band’s onstage tribute to the late Aretha Franklin. Schon directly emailed Cridlin afterwards, demanding he change the review — it was Schon who orchestrated the Franklin tribute, not the entire band, as Cridlin had reported. In a Times story he published later about his exchange with Schon, Cridlin wrote, “It seemed odd that Schon would go out of his way to make sure readers knew his bandmates had nothing to do with it.”
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The son of a professional singer and a jazz saxophonist and composer, Schon was a teenage guitar hotshot in the early ’70s, when Eric Clapton invited him to jam with Derek and the Dominos onstage at Berkeley Community Theatre, near his home in the Bay Area. Word got around, and both Clapton and Carlos Santana made offers to Schon to join their bands. At 17, Schon picked Santana, then in its post-Woodstock prime, before forming Journey in 1973.
Four years later, frontman Steve Perry ushered Journey into its FM-radio golden age. Perry became the face of the band as Cain underpinned the songwriting with Broadway-style piano and melancholy verses, and Schon electrified the earworms, matching every catchy chorus and Perry high note with a melodic guitar solo.
Over the years, as happens with many successful rock bands, Journey’s business grew into a jigsaw puzzle of financial deals worked out over decades of negotiation. Perry, who quit for good in 1997, landed a deal in which he still makes 1/41 of the band’s net income from recording royalties and touring, after management fees and other expenses. Which means he pocketed roughly $400,000 in 2022 from Journey’s tour alone, according to sources, while sitting at home making TikToks about how much he loves Harry Styles. The remainder is then split among Schon, Cain and Pineda, a cover band singer from the Philippines, whom Schon discovered on YouTube in 2007.
Jonathan Cain, Todd Jensen, Deen Castronovo, Arnel Pineda, Jason Derlatka, and Journey founder Neal Schon perform during the Journey 50th Anniversary Tour at Moody Center on Feb. 22, 2023 in Austin, Texas.
Brian Ach/GI for Journey
In the early 2010s, according to sources, Schon became more litigious and started spending more money, when he became serious with the former Michaele Ann Holt, whose Oakton, Va., high school friends in the ’80s called her Rock Chic Miss, according to Washingtonian. A Journey superfan and once a Real Housewives of D.C. cast member, Michaele first became famous with her ex-husband, Tareq Salahi, as the White House gate-crashers who joined former President Barack Obama’s 2009 state dinner without an invitation. Two years after that, Salahi reported his wife missing to the police and appeared on TV, begging for her return. “I swear to God, I’m missing my wife,” he said through tears. “This is not a joke.”
It came out later, in Salahi’s divorce filings, that when he made that plea, he neglected to mention that he had already received a call about his wife’s whereabouts. It came from Neal Schon. As Washingtonian reported, Schon told Salahi, “This is Neal. I am fucking your wife.”
In 2013, Neal married Michaele, in a pay-per-view wedding that cost viewers $14.95. One of the three dresses Michaele wore was by Oscar de la Renta. Neal wore a long black coat without a tie. Sammy Hagar and Grateful Dead guitarist Bob Weir attended. So did Omarosa Manigault, the Apprentice villain who later worked in — and still later turned against — the Trump Administration. The San Francisco wedding, held in a white tent, had a winter-wonderland theme, with 36 crystal chandeliers and a four-foot-tall, berry-and-custard white cake. Paying customers could watch for up to 12 hours — more than six times the length of a typical Journey concert. Journey performed, of course, and a portion of the pay-per-view gross went to typhoon relief, a cause Pineda favored. The wedding cost between $1 million and $3 million, according to music-industry sources familiar with the band’s finances.
After Michaele left Salahi for Schon, the couple began getting Journey’s publicists to work for them. Emails from the time show Neal and Michaele calling and emailing a publicist late at night, to tweak language and order photos for press releases about Michaele’s divorce. When a publicist responded to an 11:30 p.m. email by saying his business hours were 9 to 5, Neal responded, “sorry we didn’t fit into your biz hours. Lol.” At one point, the publicist emailed, “I rarely answer calls from numbers I don’t have saved. Michaele’s 12:28 a.m response: “Are you still up?”
After she married Schon, Michaele gradually became more involved in various aspects of Journey’s business: She asked to be copied on all band-related emails, according to multiple sources, and sometimes responded by CC’ing as many as 15 other addresses, including those of attorneys and other band employees.
In early 2021, after Smith and Valory settled their lawsuits and left the band, Schon became Journey’s manager.
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By the time Schon started managing Journey, he and Michaele had spent six years scrutinizing trademarks and merchandise and ticket sales. And they came to one conclusion: Journey was getting screwed. That meant everyone had to go, so Schon fired or sued managers, accountants, bandmates and promoters, some of whom had worked with the group for decades. John Baruck, who managed the band for 20 years and oversaw its 2017 induction into the Rock and Roll Hall of Fame, the hiring of Pineda as lead singer and the band’s post-Sopranos renaissance? Gone. Peter Mensch, also one of Metallica’s managers at Q Prime? Gone. Smith and Valory? Gone, when Schon and Cain jointly sued them for $10 million, claiming the two “launched a coup” to take control of the Journey name and “set themselves up for retirement.”
“I took the bull by the horns and started cleaning things up,” says Schon, 68, with matter-of-fact rock star charm on Zoom audio last summer, throwing in a “ha!” or two to illustrate the absurdity of the music business. “It was a mess, I have to tell you, business-wise. It was set up to be chaotic, so you would never be able to have a clue of how messed up it was.”
Schon and Cain took over as Journey’s co-managers in early 2021, splitting the standard 15% fee. (Cain shared some of his 7.5% with Pineda, according to sources.) The idea was to bring order to the business chaos. “I believe the government calls it ‘chaos merchants,’ ” Schon says, in a charming non sequitur, with a soft-spoken laugh. But Schon also created chaos of his own, sources say.
Jonathan Cain, Todd Jensen, Arnel Pineda, Jason Derlatka, Journey founder Neal Schon, Journey co-founder Gregg Rolie, and Deen Castronovo perform during the Journey 50th Anniversary Tour at Moody Center on Feb. 22, 2023 in Austin, Texas.
Brian Ach/GI for Journey
In 2019, the Schons filed a lawsuit against Live Nation, which promoted Journey’s tours, after Michaele alleged that a security employee at the band’s show at Allen County War Memorial Coliseum in Fort Wayne, Ind., “violently assaulted” her and threw her into a PA system while she was taking photos near the stage. (Video on YouTube that seems to show the incident includes no evidence of violence, but it’s blurry, distant and missing several crucial seconds of the alleged confrontation.)
The Schons fired three different law firms that represented them in that case, including one that cited an “irretrievable breakdown of the attorney-client relationship.” They also stopped responding to discovery requests and court orders, prompting an Allen County Superior Court judge to mandate a court appearance. When they didn’t show up, the judge held the Schons in contempt and dismissed the suit last March.
In early 2020, Schon and Cain filed their California Superior Court lawsuit against Valory and Smith, claiming the duo’s “coup” to take over one of the band’s business entities, Nightmare Productions Inc., “placed their own greed before the interests of the band, sowing discontent and discord, jeopardizing the future of Journey.” In a counter-complaint, Valory said Schon and Cain were “deceptive, misleading and false,” and that he and Smith tried to protect Journey from their bandmates’ attempts to trademark logos and song titles to use on merchandise for Schon’s side project, Neal Schon Journey Through Time, which toured briefly in 2019. (Valory, who is no longer in the band, did not respond to interview requests; reached on his cellphone, Smith said, “No, I won’t do a phone interview on or off the record, and if you don’t mind, I have to go.”)
After Schon’s enthusiastic Zoom interview last summer, he declined all further requests to comment. Skip Miller, his attorney, responded to an email list of questions by saying, “Please be advised that your email, and the questions and matters therein, are largely incorrect.” He would not specify which parts were incorrect, but said: “As the band’s founder and leader, Mr. Schon puts Journey above all else. Unlike another band member, he doesn’t think Journey should be involved in politics on any side, red, blue or whatever.” Later, he added, “For Neal Schon, it’s all about making great music for Journey’s fans.”
Journey’s blockbuster 2022 ended with Schon suing Cain, his final remaining bandmate from the “Don’t Stop Believin’ ” years. Schon v. Cain, the legal dispute over the band’s American Express account, is pending in California Superior Court, and representatives for both sides would not comment. By early December, Def Leppard manager Mike Kobayashi confirmed Journey had hired him to take over management from Schon and Cain.
By early February, sources say, Kobayashi was no longer manager.
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Over Zoom last summer, Schon says he became suspicious of the people handling Journey’s affairs before he started doing it himself. At one point — he won’t give the date or context — he asked band accountants how many fans attended each amphitheater show he played. “You did OK,” came the response, according to Schon. “You didn’t do as well as two years ago, when you had 19,000. You had 18,500, or 17,000.” His conclusion: The band’s representatives were lowballing him.
So, Schon says, “I would pay guys in the parking lot and say, ‘How many cars are here tonight?’ And they’d say ‘Dude, they’re plus-five miles out’ — that means about 23,000. With a band like Journey, that has hits like Journey has, you can’t just try to squash them down in a box and make them believe that they’re no longer big.”
During Journey’s business purge of the last few years, one of the managers Schon fired was Irving Azoff, the uber-manager who represents the Eagles, John Mayer, Jon Bon Jovi, Gwen Stefani and others. Azoff wouldn’t comment for this story, but in his lawsuit against Live Nation, Schon says he developed a “medical condition” and criticizes Azoff for nixing “continued off-duty law enforcement protection” for the Schons during the band’s tour. In exchange for forgoing personal security, Azoff agreed to provide the Schons with private-jet transportation, according to the lawsuit. (Neither Azoff nor Baruck — Azoff’s former college roommate, who worked at his management company for years — would comment.)
Azoff’s team, Schon says on Zoom, “ended up doing some great things,” but frustratingly kept the band in amphitheaters when he insisted to managers for years that Journey should be headlining arenas. “What I did was follow my gut instinct, and it was just time to move on,” he says. “We tried Q Prime for a second, and it seemed like it was going to be alright, but, you know, politics come into play.” (A rep for Q Prime declined to discuss Journey.)
By then, Schon thought, “We don’t need these guys, man,” as he remembers telling Cain. “I swear to God, I’m mostly doing everything, anyway.”
Over the last few years, as Schon and Cain managed Journey, they had help from CAA agent Jeff Frasco and AEG Live CEO Jay Marciano. (Neither would comment for this story.) On Zoom, Schon lists Journey’s switch from sheds to arenas as his top accomplishment as manager, and some in the concert business agree. “It’s a much bigger statement for a band to headline an arena than a single day at an amphitheater,” says New York promoter John Scher, who booked the band in the ’80s. “Could they be doing better with a different manager? They seem to be doing OK now.”
Schon’s other business priority is Journey trademarks. He says he was amazed to learn that since 1973, Journey hadn’t trademarked its name or logo, despite selling T-shirts for years at venues, as well as retailers from Walmart to Neiman Marcus. After the Schons realized this, in 2019, Neal and Cain registered 20 of the band’s song titles with the U.S. Patent and Trademark Office, for use on T-shirts, caps and hoodies. (Since Journey’s songs and the recordings are already protected by copyright, this would only cover the song titles for use on merchandise.)
“I’d introduce myself to the CEO and I’d say, ‘I’m Neal Schon, the founding member of Journey, and I now own the trademark for all Journey material. And you guys have kind of gotten yourself in a weird position here, because you’ve been selling tons of Journey merchandise for decades, and we’re seeing peanuts, and I’d like to have an electronic audit,’ ” Schon recalls. “Then a legal team would get on the phone with myself and my wife and they’d say, ‘Well, you know, we weren’t really selling it under the name Journey.’ And I’d go, ‘Well, that’s kind of laughable. I have boxes and cases of stuff in my living room and it’s just from your store and it all says Journey on it.’ ” (A Walmart spokesperson said the company was “not aware of any unlicensed Journey-branded products being sold by Walmart.” A Neiman Marcus spokesperson said he would “need to look into” Schon’s claims, then didn’t respond to follow-up inquiries.)
In fact, the Journey “mark” has been the subject of many years of negotiation among past and present band members. In 1985, the band’s company Nightmare Productions licensed it to a separate partnership, Elmo Partners — Perry, Schon and Cain — according to the complaint in Schon v. Valory.
In a September filing to cancel the trademarks with the U.S. Trademark and Patent Office’s trial and appeal board, Perry declared that Schon and Cain sold the rights to the songs they co-wrote and once owned. As of 2019, according to Merck Mercuriadis, CEO and managing partner of U.K. song-investment firm Hipgnosis, his company owns all recording royalties and publishing that previously belonged to Schon, Cain, Valory, Smith and Herbie Herbert, an early longtime manager who died in 2021. Perry argued that Schon and Cain no longer retained the standing to trademark the songs. Plus, the trio’s 1985 Elmo agreement requires “unanimous agreement and consent” among Schon, Cain and Perry to use a trademarked song for T-shirts or other products.
In his filing to cancel the Schon-Cain song trademark action, which cost him $12,000 in fees, Perry accused the duo of making knowingly “false or misleading” statements. In January, Perry abruptly dropped the motion to cancel the trademarks. Schon used the occasion to rip his current bandmate — Cain — on Twitter: “So much for [Cain] trying to throw me under the bus as he claimed I was blatantly trying to rip off [Perry] while collecting the checks for the very diligent work my wife and I did to protect our Merch.”
While federal trademark registration can be important, Journey already had other ways to assert its rights to logos or song titles associated with the band that appear on merchandise. The band could have protected its holdings through “common-law rights,” says Michael N. Cohen, a Beverly Hills, Calif., an intellectual-property lawyer who specializes in trademarks and represents classic rock bands: “Just by virtue of using the mark, you’ve acquired some degree of rights, but those rights are limited.” In other words, Journey has always had the right to make merchandise deals — just by being Journey.
With Kobayashi gone, Schon seems to have taken over again as manager — with the help of Michaele, whom he recently praised on Instagram for serving as the band’s road manager in 2022, even though the band employed experienced road managers throughout the tour. (Kobayashi didn’t respond to requests for comment.)
By February, Journey may have also lost its bank, and with it the ability to easily pay employees and cover expenses on the road. (A representative from City National declined to comment.) As manager, though, Schon understands an important thing about Journey: If the band puts out a new album every now and then — like last year’s Freedom, which didn’t do nearly as well as its classic ’80s material — the arena dates will keep rolling in.
“Let’s be honest: There’s no new Journey fans,” says Brock Jones, a veteran Nashville and Philadelphia promoter and consultant. “It’s about playing the right markets, playing the right rooms, pricing the right tickets and making sure the package is correct.”
At the Choctaw Grand Theatre, before boisterous fans singing along to every “na-na,” Cain manned his red piano at stage right, while Schon soloed constantly at stage left. After the finale, “Any Way You Want It,” the six band members lined up and group-hugged and fist-bumped, happy to perform again after several months off for the holidays. But Cain and Schon stood at opposite ends of the line. They did not hug each other. They did not bump fists with each other. Finally, Schon bounded off-stage — by himself.
Two songwriters who sued Benny Blanco, Halsey, Khalid and Ed Sheeran for copyright infringement over their 2018 hit “Eastside” have suddenly dropped the lawsuit. Blanco’s lawyer tells Billboard the accusations were “baseless” and “never should have been made.”
Konstantine Lois and Shane Williams, who perform under the name American XO, accused Blanco and the other stars of ripping off a 2015 song called “Loveless,” claiming that a core riff in each song involved “identical” musical features.
But in a motion filed Tuesday in California federal court, attorneys for Lois and Williams voluntarily agreed to dismiss the case. The filing said each side would pay their own legal bills; it gave no indication that any money would exchange hands or songwriting credits would be amended.
In a statement to Billboard, Blanco’s attorney Donald S. Zakarin said the accusers had unilaterally dropped the case because they were “certain to lose” and would have faced the prospect of repaying the stars’ legal bills if they had continued to litigate such a case.
“While we are grateful that plaintiffs belatedly recognized they had no viable claim of copyright infringement, it is unfortunate that our clients … ever had to deal with an infringement accusation that never should have been made,” Zakarin said. “Like many of the infringement cases we have been seeing in the last few years, baseless infringement claims come at a cost, not merely to our clients in defending but to the public because they will inevitably chill creativity.”
In their own statement to Billboard, Lois and Williams said they had dropped the lawsuit because they lacked “the financial resources or insurance to continue the fight.” But they noted that the judge had actually sided with them in an early-stage ruling, allowing their case to move forward.
“The obvious similarities in the songs created genuine concerns that our work was copied. Before filing the lawsuit, we hired a respected musicologist who shared those concerns,” Lois and Williams wrote. “We continue to believe that our concerns are not without merit, however, simply put, continuing forward with the case would be too costly, challenging, and risky for us.”
Released in July 2018, “Eastside” was the debut single for Blanco (born Benjamin Joseph Levin), who had previously spent years writing and producing major hits for other stars under the tutelage of producer Dr. Luke. The song, co-written and performed by Blanco, Halsey and Khalid and co-written by Sheeran and Nathan Perez, reached No. 8 on the Hot 100 and eventually spent 52 weeks on the chart.
But in May 2021, Lois and Williams claimed that Blanco’s hit was essentially lifted directly from their “Loveless.” In a complaint filed in California federal court, attorneys for the pair dove deep into the alleged musical similarities between the two tracks.
“Both the Loveless riff and the Eastside riff comprise of identical two note dyads of identical note intervals played over identical beats,” attorney Matthew Higbee wrote at the time. “Both riffs are played on guitar and require identical finger positions. Both riffs contain an identical slide of the fingers up the neck of the guitar between the second and third dyad.”
The duo claimed the allegedly stolen riff played a particularly important role in “Eastside,” because it was “repeated on a loop for the entirety of the song.”
Until very recently, the case showed no signs of an imminent settlement. As is typical in such lawsuits, the two sides were in the midst of exchanging reports by musicologists about whether the songs were similar enough to constitute copyright infringement. Both sides then planned to file motions seeking so-called summary judgment – a final ruling without a trial.
But last month, attorneys for Lois and Williams filed notice with the judge that their chosen musicologist had suddenly become unavailable to continue working on the case, and that they would need an extension of deadlines to find a replacement.
Faced with that request, attorneys for Blanco and the other pop stars quickly argued that sudden disappearance raised “serious concerns.” They said there might be an “innocent explanation,” but suggested that it also might be because Lois and Williams couldn’t find an expert who would testify that “Eastside” had infringed “Loveless.”
“If plaintiffs’ problems are the product of the weakness of their claims and their consequent inability to secure an expert who is willing to attempt a rebuttal of [the defendants’ expert], then they should dismiss this case now with prejudice instead of unnecessarily imposing on the time of this court and increasing the costs of defendants,” Zakarin wrote the judge on Feb. 13.
Two days later, the judge denied the request for an extension. Two weeks after that, Lois and Williams dismissed their case with prejudice.
The New York City Police Department is currently searching for Travis Scott to question the rapper about an alleged an altercation that took place early Wednesday morning (March 1) at Midtown’s Club Nebula.
According to WABC in New York, police responded on the scene at about 3:25 a.m. for an assault and criminal mischief.
NBC News reports that Scott was patronizing the nightclub when, per an NYPD statement, he allegedly became involved in a “verbal dispute” with a sound engineer. According to the statement obtained by the outlet, the rapper is also accused of escalating the exchange of words “into a physical altercation, and that he allegedly “punched the victim with a closed fist on the left side of the face.”
The “Sicko Mode” MC is also accused of destroying roughly $12,000 worth of equipment in the club, including a speaker and a video screen, during his alleged rampage, law enforcement told NBC News.
Scott’s lawyer Mitchell Schuster told TMZ that “this is clearly a misunderstanding being blown out of proportion,” adding, “we are actively working with the venue and law enforcement to resolve and set the record straight. We are confident our client will be cleared of any wrongdoing.”
Club Nebula’s managing partner Richie Romero also told TMZ, “This is blown completely out of proportion. It was a great night.”
Billboard has reached out to Scott’s representatives and attorney, as well as the NYPD.
Scott is set to headline the Rolling Loud L.A. lineup this Saturday (March 4) at the Hollywood Park Grounds in Inglewood, Calif. Later this summer, he’ll also serve as a headliner for London’s Wireless Festival 2023 along with Playboi Carti and D-Block Europe.
Meanwhile, the father of two — he shares kids Stormi and Aire with Kylie Jenner — is still embroiled in the massive legal ramifications of the deadly crowd-crush incident at his 2021 Astroworld Festival, which left 10 attendees dead, 25 hospitalized and hundreds of others injured.
A Los Angeles judge ruled Tuesday (Feb. 28) that Marilyn Manson‘s lawyers could not cite a recent bombshell recantation by Ashley Morgan Smithline, one of his former abuse accusers, in his ongoing defamation lawsuit against actress Evan Rachel Wood.
Last week, Smithline claimed in a court filing she had “succumbed to pressure” from Wood to make “untrue” accusations against Manson. The singer’s lawyers wanted to use that as evidence in their lawsuit against Wood, who they allege orchestrated an “organized attack” of false rape accusations against her ex-fiance Manson.
But Wood quickly fired back that she “never pressured or manipulated” Smithline. And her lawyers asked the judge to ignore the new filing, arguing that the “eleventh hour” reversal by Smithline was just a “bad-faith” effort to save Manson’s case from being dismissed.
In an order issued Tuesday obtained by Billboard, Judge Teresa A. Beaudet sided with Wood’s lawyers, refusing to allow Smithline’s statements to be admitted into the case record for now because they had been filed too late.
That means the judge won’t view those statements as evidence at a hearing next month over whether to dismiss Manson’s case or allow it to proceed toward trial. The ruling leaves open the possibility that the statement could be admitted if the case survives.
An attorney for Manson declined to comment. A rep for Wood did not return a request for comment.
Smithline and Wood are two of several women to accuse Manson of serious sexual wrongdoing over the past two years. After the Westworld star posted her allegations to Instagram in February 2021, lawsuits quickly followed from Smithline, Manson’s former assistant Ashley Walters, Game of Thrones actress Esmé Bianco and a Jane Doe accuser. Another Jane Doe case was filed last month.
Manson has denied all of the allegations, and the cases by Smithline, Walters and Bianco have since been dropped, dismissed or settled. Now, the rocker is pursuing his own defamation lawsuit, claiming that Wood and another woman, Illma Gore, had “secretly recruited, coordinated, and pressured prospective accusers to emerge simultaneously” with false accusations against him.
Last week, Smithline made her bombshell accusations about being “manipulated” by Wood in a sworn declaration submitted by Manson’s attorneys in the defamation case, stating: “I succumbed to pressure from Evan Rachel Wood and her associates to make accusations of rape and assault against Mr. Warner that were not true.”
The new claims came as Wood’s attorneys were seeking to dismiss Manson’s case by citing California’s so-called anti-SLAPP statute — a law that aims to make it easier to dismiss cases that threaten free speech. Wood’s lawyers say Manson’s case is exactly that: an effort to punish the actress after she chose to speak publicly about years of alleged abuse by a prominent musician.
“For years, plaintiff Brian Warner raped and tortured defendant Evan Rachel Wood and threatened retaliation if she told anyone about it,” her attorneys wrote. “Warner has now made good on those threats by filing the present lawsuit.”
Manson’s attorneys wanted to cite Smithline’s recantation as a reason for Beaudet to deny the anti-SLAPP motion. They argued that it was early proof that they could eventually win their case against Wood, meaning it was a legitimate lawsuit and not merely an effort to stifle her free speech.
But Wood’s lawyers said the window to file such evidence had closed more than three months prior and must be denied: “Plaintiff’s ex parte application is a bad-faith attempt to save his meritless SLAPP claim from dismissal by requesting leave to file an untimely declaration, containing provable falsehoods, made under unreliable circumstances.”
At a hearing Tuesday, the judge denied the request to admit Smithline’s declaration. As reported by Rolling Stone, the judge said at the live hearing that there “really is no explanation as to why this [declaration] is bubbling up at this time.”
A hearing is set for April 11 to consider Wood’s request to dismiss the case under the anti-SLAPP law.
A Florida judge ordered rapper Kodak Black to drug rehab for 30 days on Tuesday (Feb. 28) after he allegedly tested positive for fentanyl while awaiting trial on a drug trafficking charge.
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Broward County Judge Barbara Duffy allowed the performer to remain free until March 7 so he could perform at the Rolling Loud concert near Los Angeles over the weekend, The Miami Herald reported.
Duffy had earlier issued a warrant for his arrest. The 25-year-old performer had missed a court-ordered drug test on Feb. 3 and then tested positive on Feb. 8. He is awaiting trial from a July arrest on a charge of trafficking oxycodone. He has pleaded not guilty.
“You better get it together,” Duffy told the 25-year-old performer, whose real name is Bill Kapri.
During the hour-long hearing, the singer’s lawyer, Bradford Cohen, suggested that a star-struck drug lab technician may have mixed up the sample or paperwork. The tech who took the sample admitted that is possible.
But when Duffy suggested the singer have his hair tested, the defense declined. A hair test could detect drug use back 90 days compared to the few days urine and blood tests typically capture.
In January 2020, then-President Donald Trump commuted a three-year federal prison sentence the rapper had for falsifying documents used to buy weapons. Black had served about half his sentence.
Black is nominated for the iHeartRadio Music Awards’ hip-hop artist of the year and has sold more than 30 million singles, with massive hits such as “Super Gremlin,” which reached number three on the Billboard Hot 100 last year.
Evan Rachel Wood is strongly denying allegations that she “manipulated” Ashley Morgan Smithline into making allegations of rape against Marilyn Manson.
Days after Smithline made those explosive accusations, Wood filed her own declaration in Los Angeles Court on Monday (Feb. 27), saying she had proof that it was Smithline who had first contacted her with accusations against Manson (real name Brian Warner), not vice-versa.
“I never pressured or manipulated Ashley Morgan Smithline to make any accusations against plaintiff Brian Warner, and I certainly never pressured or manipulated her to make accusations that were not true,” Wood wrote in the filing.
Wood attached screenshots of purported text message conversations, including one in which Smithline told her “I have no reason to make this up!” Another set of messages read: “Just know you set me free. By listening. I love you.”
“Ms. Smithline has always told me that she was abused by Mr. Warner,” Wood wrote.
Smithline and Wood are two of several women to accuse Manson of serious sexual wrongdoing over the past two years. After Wood posted her allegations to Instagram in February 2021, lawsuits quickly followed from Smithline, Manson’s former assistant Ashley Walters, Game of Thrones actress Esmé Bianco and two Jane Doe accusers.
Manson has denied all of the allegations, and the cases by Smithline, Walters and Bianco have since been dropped or dismissed. Now, Manson is pursuing his own defamation lawsuit, claiming that Wood and another woman, Illma Gore, had “secretly recruited, coordinated, and pressured prospective accusers to emerge simultaneously” with false accusations against him.
In a filing last week in that defamation case, Smithline made her bombshell accusations about “manipulation” against Wood: “I succumbed to pressure from Evan Rachel Wood and her associates to make accusations of rape and assault against Mr. Warner that were not true.”
In a response on Monday, Wood’s lawyers submitted Wood’s declaration stating that she had never coerced Smithline. They also filed formal arguments urging the judge to ignore Smithline’s new declaration, calling it nothing more than a “bad-faith attempt” by Manson’s lawyers to save his “meritless” defamation lawsuit against Wood from being dismissed.
“Documented evidence shows that it was Smithline who reached out to Wood about plaintiff’s abuse more than a year before Smithline now claims defendants somehow convinced her that she was abused,” Wood’s lawyers wrote.
In a statement to Billboard on Tuesday in response to Wood’s new filings, Manson’s attorney Howard King said: “It is unsurprising that Evan Rachel Wood is desperately fighting to keep Ashley Smithline’s testimony out of court – because she knows the truth will expose her plot to manipulate the women who trusted her in order to destroy Brian Warner.”
On top of denying Smithline’s accusations about manipulation, Monday’s filings from Wood and her attorneys also came with explosive new allegations of their own.
In a separate declaration, a supposed friend of Smithline named Karl Neilson stated that he was in possession of a voicemail from July 2022 in which Smithline had told him that Manson’s lawyer, King, had improperly reached out to her directly to discuss the case — and that she was worried he was trying to get her to flip on Manson’s other accusers.
“I have not called back, obviously. Obviously, it’s very clear that a lawyer legally shouldn’t and can’t call me without calling my lawyer directly,” Smithline allegedly said in the voicemail to Neilson.
“The only reason why he would be calling me at all, a week ago, and leaving a message is that he thinks I’m the weak link, and he might want to settle with me to turn on the other girls, and say that it was all, like, a ruse,” Smithline allegedly said in the voicemail to Neilson.
In his statement to Billboard on Tuesday, King flatly denied that he had improperly reached out to Smithline.
“I never discussed Ashley Smithline’s claims against Brian Warner until after she had reached out to me and terminated her counsel,” King said. “Moreover, when Ms. Smithline recently spoke with me for almost two hours, we taped the conversation in full and that recording proves that every single thing in her declaration was taken from her words, not mine.”
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: Lady Gaga somehow finds herself on the receiving end of a lawsuit over the theft of her French bulldog, Adam Levine accuses a classic car dealer of selling him a fake Maserati, one of Marilyn Manson’s accusers recants her abuse allegations, and much more.
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THE BIG STORY: Lady Gaga Sued Over Dog Theft Reward
A woman named Jennifer McBride says she deserves a huge reward for returning Lady Gaga’s bulldogs after they were stolen at gunpoint – even though she was also convicted of a criminal charge in connection with the high-profile dognapping.
In a lawsuit filed last week in Los Angeles, McBride demanded that Gaga hand over a $500,000 reward she offered for the safe return of the dogs after the violent 2021 incident. It was McBride, after all, who delivered the dogs to the Los Angeles Police Department two days after Gaga’s dog walker Ryan Fischer was shot and nearly killed.
But there’s one small detail McBride’s lawyers left out of the complaint: In December, she pleaded no contest to receiving stolen property in connection with the dognapping, receiving a sentence of two years of probation.
McBride’s lawyers say it doesn’t matter: That Gaga made a binding “unilateral” offer to pay the reward in return for the safe return of the dogs with “no questions asked” — and McBride took her up on the proposal when she did so. Whether that argument will fly before a judge remains to be seen.
For a full breakdown of McBride’s case — including her full complaint and her arguments that she “fully performed her obligation” to Gaga — go read our entire story here.
Other top stories this week…
ADAM LEVINE’S FAKE MASERATI – Attorneys for Adam Levine filed a lawsuit claiming that a classic car dealer defrauded him by selling him a fake version of an uber-rare Maserati worth a whopping $850,000. The star’s attorneys say the seller took “active steps” to conceal red flags about the car, like phony stamped markings on its chassis.
MARILYN MANSON ACCUSER RECANTS – Ashley Morgan Smithline, a woman who previously sued Marilyn Manson for sexual assault, filed an explosive new document stating that her allegations against the rocker were untrue. Instead, Smithline claimed she had been “manipulated” by Manson’s ex-girlfriend, Evan Rachel Wood. A rep for Wood strongly denied the allegations.
ARREST WARRANT FOR KODAK BLACK – A Florida judge issued an arrest warrant for Kodak Black for failing a drug test while on bail for a drug charge. The rapper, facing trial over an oxycodone trafficking charge, allegedly failed to appear for a scheduled drug test in February and then days later submitted a sample that tested positive for fentanyl.
PRE-TRIAL SHOWDOWN OVER SHEERAN TAPE – Lawyers for Ed Sheeran’s copyright accusers fired back at the star’s efforts to ban an infamous YouTube clip from an upcoming trial over whether “Thinking Out Loud” infringed Marvin Gaye‘s “Let’s Get It On,” calling the video “among the most important and critical evidence in this case.”
NIPSEY HUSSLE KILLER GETS 60+ YEARS – A Los Angeles judge sentenced Eric Ronald Holder Jr. to at least 60 years in prison for gunning down rapper Nipsey Hussle. Holder was convicted in July of premeditated murder over the March 2019 shooting at a Los Angeles strip mall.
LIL PEEP WRONGFUL DEATH CASE SETTLED – The mother of late rapper Lil Peep reached a settlement in her wrongful death lawsuit against her son’s former label and management company, First Access Entertainment (FAE). The lawsuit claimed that Peep’s management team provided him with drugs and kept pushing him to perform even though he was “barely able to communicate.” Terms of the deal were not disclosed.
ACCUSER SAYS NICK CARTER AIMS TO “SILENCE” HER – Shannon “Shay” Ruth, a woman suing Nick Carter over accusations that he raped her in 2001, blasted the Backstreet Boys member for filing a defamation countersuit against her. In a so-called anti-SLAPP motion, Ruth said Carter’s countersuit had “no other purpose than to harass, intimate, and potentially silence plaintiff.”
FESTIVAL ORGANIZERS GO TO PRISON – Aaron McCreight and Doug Hargrave, two former Iowa tourism executives, were each sentenced to more than a year in prison after pleading guilty to bank fraud charges related to Newbo Evolve, a failed 2018 music festival headlined by Maroon 5 and Kelly Clarkson. The pair admitted to lying to a Cedar Rapids bank about projected ticket sales to secure more funding, even as the event appeared headed toward big losses.
BRONX RAPPER CHARGED WITH MURDER – Bronx drill rapper Kay Flock was charged by federal prosecutors with murder and racketeering along with seven other members of two Bronx street gangs, stemming from seven shootings in New York between June 2020 and February 2022. Flock faces a “mandatory life in prison or death” if convicted.
KELLY AVOIDS LENGTHY ADD-ON SENTENCE – A federal judge in Chicago sentenced R. Kelly to 20 years in prison for his convictions of child pornography and the enticement of minors for sex, but said the singer would serve all but one year simultaneously with an earlier 30-year sentence imposed last year on separate racketeering charges. The upshot is that Kelly is facing 31 years total and will be eligible for release at around age 80.