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The Seoul Regional Office of Employment and Labor announced on Wednesday (Nov. 20) that it has closed its investigation into a case alleging harassment against NewJeans member HANNI after determining that the singer cannot be considered an employee under the law.
According to a statement from the Labor office, “It is difficult to consider HANNI a worker under the Labor Standards Act, so the case was administratively closed.” HANNI, 20, (born Phạm Ngọc Hân), made her debut as a member of the first girl group signed to the HYBE label ADOR in 2022; ADOR is a sub-label of HYBE, whose other labels support such acts as BTS, SEVENTEEN and Le SSERAFIM, among others.
After the Vietnamese-Australian singer claimed during a YouTube livestream in September that a manager of another K-pop group under the HYBE umbrella (ILLIT) instructed their artists to “ignore” her inside the HYBE HQ in Seoul, HANNI’s fans filed a complaint with the Ministry of Employment and Labor as well as one with a civil rights organization.
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HANNI gave tearful testimony about the alleged incident last month, telling the National Assembly’s Environment and Labor Committee, “We have a floor in our building where we do hair and makeup and, at that time, I was waiting in the hallway because my hair and makeup was done first… I said hello to all of them, and then they came back about five or 10 minutes later. On her way out, [the manager] made eye contact with me, turned to the rest of the group, and said, ‘Ignore her like you didn’t see her.’ I don’t understand why she would say something like that in the work environment.”
In a stunning moment during that testimony, HANNI said the various alleged incidents of disrespect made her realize that, “this wasn’t just a feeling. I was honestly convinced that the company hated us.”
She added that these were not isolated incidents and that she often felt undermined and ignored by her company’s management team, which left her and her bandmates feeling disrespected. “We are all human. I think a lot of people are forgetting that,” she said during her testimony. “I understand that the contracts for artists and trainees may be different [from that of regular workers], but we are all human.”
The statement from the Labor office dismissing the investigation continued, “Given the content and nature of the management contract HANNI signed, it is difficult to regard her as a worker under the Labor Standards Act, which involves working in a subordinate relationship for wages.” The reasoning for the ruling noted that the relationship between HANNI and ADOR was one in which, “each party fulfills their contractual obligations as equal contracting parties, making it difficult to consider there was supervision or direction from the company.”
In addition, the ruling noted that, “Company rules, regulations, and systems that apply to regular employees were not applied to her (as an artist)… both the company and HANNI shared the costs necessary for entertainment activities. Both parties bear their own taxes, and she pays business income tax, not employment income tax,” and “HANNI bears the risks associated with generating profits and potential losses from entertainment activities.”
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 lawyer repping alleged Diddy victims is accused of extorting settlements out of “innocent celebrities” by linking them to the rapper; NBA YoungBoy reaches a plea deal to resolve prescription drug charges; Sony settles a copyright lawsuit over Whitney Houston’s biopic; and much more.
THE BIG STORY: Mystery Celeb Sues Diddy Crusader For Extortion
Back in October, shortly after Houston attorney Tony Buzbee announced that he’d be filing a torrent of abuse litigation against Sean “Diddy” Combs, he gave an interview to TMZ warning that he was also planning to sue other celebrities who had “allowed it to go on” and “said nothing” about the alleged abuse: “All of these individuals and entities in my view have exposure here,” he said.
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During the same interview, Buzbee confirmed that he’d already been sending legal demand letters to those high-profile individuals and that some had quickly inked settlements to avoid lawsuits and keep their names private. In a clip from the TMZ newsroom discussing the interview, one staffer said: “It just feels like a money grab!”
Now, it turns out that sentiment is shared by one of the celebrities Buzbee is targeting.
In a lawsuit filed Monday (Nov. 18) in Los Angeles, an unnamed “John Doe” celebrity accused Buzbee of extortion, claiming the attorney was threatening to unleash “wildly false horrific allegations” if they weren’t sufficiently paid off. Repped by a legal team from the white shoe law firm Quinn Emanuel, the mysterious “public figure” called Buzbee’s efforts a “cynical extortion scheme” aimed at “innocent celebrities” who have “any ties to Combs — no matter how remote.”
The case raises uncomfortable questions about the American legal system. Are threats of civil litigation and demands for settlement simply a cost-effective way for attorneys to seek justice for victims? Or are they tantamount to legalized blackmail, exploiting the publicity surrounding lawsuits and the risk of reputational ruin to coerce unearned payouts?
To Buzbee, who immediately announced that he would move forward with his lawsuit against the mystery celeb, it’s clearly the former: “It is obvious that the frivolous lawsuit filed against my firm is an aggressive attempt to intimidate or silence me and ultimately my clients,” he said in a statement following the filing of the extortion case. “That effort is a gross miscalculation.”
Other top stories this week…
MORE DIDDY NEWS – Prosecutors accused the disgraced rapper of seeking to “subvert the integrity” of his sex trafficking case from jail, including by contacting witnesses and orchestrating “social media campaigns” to influence public opinion and taint the jury pool. The star’s lawyers quickly fired back, claiming prosecutors had obtained their evidence by improperly searching his cell and violated his right to attorney-client privilege — actions they called “outrageous government conduct.”
LIL DURK UPDATE – Represented by a prominent new criminal defense attorney, Lil Durk pleaded not guilty to federal murder-for-hire charges over an alleged plot to kill rival rapper Quando Rondo in a 2022 shooting. At the same arraignment hearing, the judge also set a tentative trial date for early January, but that schedule could (and very likely will) be moved back as the case proceeds.
PLEA DEAL – Rapper NBA YoungBoy pleaded guilty to his role in a large-scale prescription drug fraud ring that operated out of his multimillion-dollar home in Utah — a location where he was already serving under house arrest stemming from earlier gun charges. The deal came with a 27-month prison sentence, but the penalty was suspended pending the resolution of YoungBoy’s firearms case.
METAL SETTLEMENT – Megadeth and lead singer Dave Mustaine agreed to pay $1.4 million to resolve allegations that they still owed commissions to Cory Brennan, a longtime manager who says he was “unceremoniously” fired and replaced by Mustaine’s son. But the deal will not resolve Mustaine’s countersuit, in which he claims that Brennan’s “repeated management failures” caused him serious harm.
“REAL LOVE” RESPONSE – Universal Music Group (UMG)asked a federal judge to dismiss a copyright lawsuit claiming Mary J. Blige’s 1992 hit “Real Love” sampled from “Impeach the President” by the Honey Drippers — a legendary piece of hip-hop source material used by Run-DMC, Dr. Dre and others. UMG argued that the accuser (Tuff City Records) popped up “out of the blue” decades later to sue over two tracks that “sound nothing alike.”
YE SUED YET AGAIN – The rapper (formerly Kanye West) was hit with a lawsuit over Vultures 1 from a group of Memphis rappers who claim the star and Ty Dolla $ign committed “brazen” copyright infringement by sampling from a 1994 song called “Drink a Yak (Part 2)” even after failing to secure a license. The new case is just one of more than a dozen that have been filed against Ye over claims of unlicensed sampling or interpolating during his prolific career.
WHITNEY CASE CLOSED – Sony Music reached an undisclosed settlement to end a lawsuit claiming the producers of the 2022 Whitney Houston biopic (Whitney Houston: I Wanna Dance With Somebody) never fully paid to use her songs, including “I Will Always Love You” and “I’m Every Woman.” The case, filed in February, said such licenses were particularly valuable in the context of musical biopics: “It is nearly impossible to explain the importance of a musician’s creative genius or unique style and talent without the use of the musician’s music.”
Sony Music has reached a settlement to end a lawsuit claiming the producers of Whitney Houston’s 2022 biopic Whitney Houston: I Wanna Dance With Somebody never fully paid to use her songs.
The case, filed earlier this year, alleged that the companies behind the movie had signed deals for sync licenses to feature songs like “I Will Always Love You” in the film – but that more than a year after it was released, the label still hadn’t been paid a dime for those rights.
In a motion filed Monday in New York federal court, attorneys for Sony say they will drop the case voluntarily. The motion did not provide any terms of the apparent settlement, and neither side immediately returned requests for comment.
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Riding a wave of enthusiasm for musical biopics – 2018’s Bohemian Rhapsody earned more $900 million at the box office and Baz Luhrmann’s 2022 “Elvis” made $288 million – “I Wanna Dance” was released in December 2022 to middling reviews and an underwhelming return of $59.8 million gross.
A little over a year later, Sony added a copyright lawsuit to the movie’s woes – claiming the movie had featured “some of the most iconic and popular sound recordings of all time” without properly paying for them.
The February lawsuit claimed that Anthem Films, Black Label Media and others behind the movie had signed a sync license agreement on Dec. 5, 2022 – less than ten days before the movie’s release – covering the use of Sony’s sound recordings of Houston’s songs, also including “Greatest Love of All,” “I’m Every Woman” and the titular “I Wanna Dance with Somebody.”
Sony argued that the producers did so because they essentially had to if they wanted to create “a biopic about the life and music of Whitney Houston.”
“Unlike other types of films, musical biopics by their nature require use of the subject musician’s music, as it is nearly impossible to explain the importance of a musician’s creative genius or unique style and talent without the use of the musician’s music,” Sony wrote.
But the label said that by August 2023, it still had not been paid anything under that deal. After notifying Anthem of the problem, the company allegedly told Sony that it was waiting on funds from a tax credit owed by the state of Massachusetts. But such a payment never came, Sony said.
“As a result of Anthem’s failure to pay the fees to SME, it is clear that there was no license or authorization to use the SME Recordings used in the Film,” the company’s attorneys wrote. “Nevertheless, the Film embodying the SME Recordings was, and continues to be, exhibited, distributed, and exploited.”
An unnamed “celebrity” has filed a civil extortion lawsuit against Tony Buzbee, a Texas attorney who reps more than 100 of Sean “Diddy” Combs’ alleged abuse victims — claiming the lawyer is threatening to file a lawsuit containing “wildly false horrific allegations” if the anonymous bigwig doesn’t pay up.
In a lawsuit filed Monday (Nov. 18) in Los Angeles, lawyers for a “high-profile” public figure identified only as “John Doe” claim that Buzbee is “shamelessly attempting to extort exorbitant sums from him” by threatening to “unleash entirely fabricated and malicious allegations of sexual assault.”
“This is textbook extortion,” writes the celebrity’s attorneys, who hail from the prominent law firm Quinn Emanuel. “Buzbee pretends to be speaking truth to power, but that is far from the truth.”
Buzbee allegedly contacted the man earlier this month with “vile” false claims: That he had “raped multiple minors, both male and female, who had been drugged at parties hosted by Combs.” If the celebrity did not agree to a “confidential mediation,” Buzbee allegedly warned he would “take a different course.”
“Plaintiff presently faces a gun to his head,” the lawsuit reads. “Either repeatedly pay an exorbitant sum of money … or else face the threat of an untold number of civil suits and financial and personal ruin.”
In a statement to Billboard on Monday, Buzbee said he and his firm “won’t allow the powerful and their high-dollar lawyers intimidate or silence sexual survivors” and warned that a lawsuit against the unnamed plaintiff was looming.
“It is obvious that the frivolous lawsuit filed against my firm is an aggressive attempt to intimidate or silence me and ultimately my clients,” Buzbee wrote. “That effort is a gross miscalculation. I am a US Marine. I won’t be silenced or intimidated. Neither will my clients. Since our professional efforts at resolution obviously have failed, we will instead disclose the demand letters we sent at the time we filed suit.”
Combs has faced a flood of abuse accusations over the past year, starting with civil lawsuits and followed by a bombshell federal indictment in September, in which prosecutors allege he ran a sprawling criminal operation for years aimed at satisfying his need for “sexual gratification.”
Weeks after the indictment, Buzbee joined the fray by holding a press conference in which he claimed to represent 120 individuals who had been victimized by Combs and threatened a flood of litigation. He has since filed more than a dozen such lawsuits, all on behalf of unnamed Doe plaintiffs.
At the time, Buzbee explicitly warned that he would name others: “We will expose the enablers who enabled this conduct behind closed doors.” And later, in an interview with TMZ, he said several such celebrities had settled on private terms to remain anonymous.
In Monday’s complaint, the unnamed celebrity said those efforts represented a “shakedown” and a “cynical extortion scheme” — one in which Buzbee “capitalizes on the bravery of those victims who came forward” against Combs to win unearned settlements from “innocent celebrities, politicians, and business people.”
“Defendants devised a scheme to obtain payments through the use of coercive threats from anyone with any ties to Combs — no matter how remote,” lawyers for the unnamed plaintiff write. “Defendants claim to be investigating the facts, but the reality is they are finding deep pockets and trying to smear all of them with the same brush.”
The unusual episode — a mysterious celebrity plaintiff claiming they’re being extorted with baseless abuse allegations — echoes a similar incident last month involving Garth Brooks. In that case, Brooks filed an anonymous lawsuit as “John Doe” seeking a federal court order to block the publication of the allegations. But the accuser eventually filed their abuse lawsuit against Brooks in a separate court weeks later.
Attorneys for Sean “Diddy” Combs are firing back at allegations that he’s obstructing his sex trafficking case from behind bars, claiming prosecutors improperly searched his cell and violated his right to attorney-client privilege.
Days after the government claimed Combs was seeking to “subvert the integrity” of the case by contacting witnesses, his lawyers said it was the prosecution that had made serious missteps – including by seizing “notes to his lawyers” about potential trial strategies.
“This search and seizure are in violation of Mr. Combs’ [constitutional] rights,” writes Diddy’s lead attorney Marc Agnifilo. “The targeted seizure of a pre-trial detainee’s work product and privileged materials – created in preparation for trial – is outrageous government conduct amounting to a substantive due process violation.”
In the filing, Diddy’s attorneys ask Judge Arun Subramanian to hold an immediate hearing to investigate the search and seizures, saying they want to ask key questions about how the process unfolded.
“Who authorized a search of Mr. Combs’ sleeping area, personal effects and paperwork?” Agnifilo writes. “Who made the decision to not tell Mr. Combs’ counsel that the U.S. Attorney was in possession of his notes, including ‘possibly privileged materials’ until after the government put them in a filing to keep him incarcerated?”
Combs, also known as Puff Daddy and P. Diddy, was once one of the most powerful men in the music industry. But in September, he was indicted by federal prosecutors on charges of racketeering and sex trafficking over what they say was a sprawling criminal operation aimed at satisfying his need for “sexual gratification.” If convicted on all the charges, he faces a potential sentence of life in prison.
On Friday, prosecutors leveled serious new allegations. Responding to Combs’ latest effort to be released on bail, they said such an action would still pose a grave risk of obstruction of justice; in the process, they accused Diddy of trying to reach out to witnesses, leak favorable materials, and orchestrate “social media campaigns” to influence public opinion and taint the jury pool.
“Defendant has continued to engage in a relentless course of obstructive conduct designed to subvert the integrity of these proceedings,” the prosecution wrote in the filing.
In the filing, prosecutors noted that some of their evidence came in the form of notes recovered from Diddy’s cell during what they called “a pre-planned nationwide sweep of BOP facilities.” The sweep turned up “possibly privileged materials,” but prosecutors said the evidence had been screened by a so-called filter team to avoid any improper material.
Attorney–client privilege exists to protect the right of an accused person to secure an effective defense from their lawyers. It’s designed to allow a defendant to be honest with their legal team, without needing to worry that such material might later be used against them.
In Monday’s response, Combs’ lawyers said some of the materials taken from his cell were “absolutely privileged” and should not have been handed over to the government lawyers who are barred from seeing them. They included “privileged notes to his lawyers concerning defense witnesses and defense strategies.”
“This is a matter of grave concern that, most respectfully, must be addressed immediately,” Agnifilo writes. “Because the U.S. Attorney, and it seems the trial prosecutors, are currently in possession of privileged materials we request a full evidentiary hearing as soon as the Court can accommodate us.”
Sean “Diddy” Combs has tried to reach out to prospective witnesses and influence public opinion from jail in a bid to affect potential jurors for his upcoming sex trafficking trial, prosecutors claimed in a court filing urging a judge to reject his latest bail request.
The government accusations were made in a Manhattan federal court filing late Friday (Nov. 15) that opposes the music mogul’s latest $50 million bail proposal. A bail hearing is scheduled for next week.
Prosecutors wrote that a review of recorded jail calls made by Combs shows he has asked family members to reach out to potential victims and witnesses and has urged them to create “narratives” to influence the jury pool. They say he also has encouraged marketing strategies to sway public opinion.
“The defendant has shown repeatedly — even while in custody — that he will flagrantly and repeatedly flout rules in order to improperly impact the outcome of his case. The defendant has shown, in other words, that he cannot be trusted to abide by rules or conditions,” prosecutors wrote in a submission that contained redactions.
Prosecutors wrote that it could be inferred from his behavior that Combs wants to blackmail victims and witnesses into silence or into providing testimony helpful to his defense.
Lawyers for Combs did not immediately respond to requests for comment.
Prosecutors said Combs, 55, began breaking rules almost as soon as he was detained at the Metropolitan Detention Center in Brooklyn after his September arrest.
He has pleaded not guilty to charges that he coerced and abused women for years with the aid of a network of associates and employees, while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.
Two judges have concluded he is a danger to the community and a risk to flee.
His lawyers recently made a third request for bail after the rejection of two previous attempts, including a $50 million bail proposal.
In the request, they cited changed circumstances, including new evidence, which they said made it sensible to release Combs so he can better prepare for his May 5 trial.
But prosecutors said defense lawyers created their latest bail proposal using some evidence prosecutors turned over to them and the new material was already known to defense lawyers when they made previous bail applications.
In their submission to a judge, prosecutors said Combs’ behavior in jail shows he must remain locked up.
For instance, they said, Combs has enlisted family members to plan and carry out a social media campaign around his birthday “with the intention of influencing the potential jury in this criminal proceeding.”
He encouraged his children to post a video to their social media accounts showing them gathered to celebrate his birthday, they said.
Afterward, he monitored the analytics, including audience engagement, from the jail and “explicitly discussed with his family how to ensure that the video had his desired effect on potential jury members in this case,” they said.
The government also alleged Combs during other calls made clear his intention to anonymously publish information that he thought would help his defense against the charges.
“The defendant’s efforts to obstruct the integrity of this proceeding also includes relentless efforts to contact potential witnesses, including victims of his abuse who could provide powerful testimony against him,” prosecutors wrote.
Zach Bryan has completed his deferred prosecution agreement connected to his 2023 arrest in Oklahoma, People confirmed with the Craig County, Oklahoma District Attorney’s Office. Per the publication, since he completed the six-month agreement, the criminal case against him has been closed. “He admitted responsibility and followed all of the rules and conditions of probation,” […]
Lil Durk has pleaded not guilty to federal charges over an alleged plot to kill rival rapper Quando Rondo in a 2022 shooting.
At a hearing Thursday in Los Angeles federal court, the Chicago rapper (Durk Banks) was arraigned on conspiracy, murder-for-hire and firearms charges. He pleaded not guilty to all three, federal prosecutors confirmed to Billboard.
The court appearance came three weeks after the Chicago rapper (Durk Banks) was arrested and charged with orchestrating the 2022 attack at a Los Angeles gas station, which left Rondo (Tyquian Bowman) unscathed but saw his friend Lul Pab (Saviay’a Robinson) killed in the crossfire.
If convicted on all three charges, Durk faces a potential sentence of life in prison. A trial is tentatively set for January, though it could be pushed back for a variety of reasons.
Documents filed Thursday also reveal that Durk has hired Drew Findling, a prominent Atlanta criminal defense attorney with an extensive history representing rappers, including Gucci Mane, the members of Migos and Cardi B. Findling did not immediately return a request for comment on Friday.
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In their case against Durk, prosecutors claim that his “Only The Family” crew was not merely a well-publicized group of Chicago rappers, but a “hybrid organization” that also functioned as a criminal gang to carry out violent acts “at the direction” of Durk. They say one of those acts was the 2022 attempted killing of Rondo, allegedly carried out in retaliation for the 2020 killing of rapper King Von (Dayvon Bennett), a close friend of Durk’s.
“Banks put a monetary bounty out for an individual with whom Banks was feuding named T.B.,” prosecutors wrote in the charges last month, referring to Rondo by his initials. “Banks ordered T.B.’s murder and the hitmen used Banks and OTF-related finances to carry out the murder.”
In addition to Durk, prosecutors have also charged those who they say actually carried out the attack, including alleged OTF members Kavon London Grant, Deandre Dontrell Wilson and Asa Houston, as well as Keith Jones and David Brian Lindsey, two other alleged Chicago gang members.
In charging documents, prosecutors allege that the assailants booked flights to Los Angeles using a credit card that was clearly connected to Durk. The government says the card was allegedly issued under a bank account that listed Durk’s one-time manager as an owner, and that another credit card was issued under the same account to Durk’s father.
Among other claims, the documents cite a text allegedly sent by Durk to another co-conspirator in the lead up to the shooting: “Don’t book no flights under no names involved wit me.”
In a superseding indictment unveiled last week, prosecutors also cited Durk’s lyrics – claiming he had directly referenced the Rondo shooting in a 2022 track called “Wonderful Wayne & Jackie Boy.” They claim the lyrics tie Durk to the killing, and that he was seeking to “commercialize” Lul Pab’s death by “rapping about his revenge.”
As he awaits trial, Durk is incarcerated at the Metropolitan Detention Center in Los Angeles, a federal prison frequently used to house defendants before and during trial. He will appear again before the judge next month to decide whether he will be released on bail as he prepares for trial.
Ye (formerly Kanye West) is facing a new lawsuit over Vultures 1 from a group of Memphis rappers who claim the star and Ty Dolla $ign committed “brazen” copyright infringement by sampling a song after failing to secure a license.
The case – the latest in a long list of such lawsuits against Ye – claims the track “Fuk Sumn” is “riddled” with illegal samples from a 1994 song called “Drink a Yak (Part 2)” by the artists Criminal Manne (Vanda Watkins), DJ Squeeky (Hayward Ivy) and the late Kilo G (Robert L. Johnson Jr.)
Like several other previous cases against Ye, the lawsuit claims that the star’s reps reached out to clear the samples – but that he then just continued to use it without a license when talks broke down.
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“After numerous unsuccessful attempts at resolving this matter directly with the responsible parties, plaintiffs have been left with no other method of recourse than to bring this cause of action,” attorneys for the accusers write in a complaint filed Wednesday.
The use of the earlier song in “Fuk” is so “blatant” and “brazen” that the spots where samples were used in Ye’s track are “easily discernible,” the lawsuit claims. Near the start of Ye’s song, Criminal Manne can allegedly be heard rapping a lyric from “Yak” that stars with “smokin on a junt”; seconds later, Kilo G is allegedly heard rapping another line: “Stop off at the liquor store, get your yak, then we headed for the indo.”
The new lawsuit is one of more than a dozen such cases that have been filed against Ye over claims of unlicensed sampling or interpolating during his prolific career. The controversial rapper has faced nine such infringement cases since 2019 alone, including a high-profile battle with estate of Donna Summer that settled earlier this year.
Lawyers for the three accusers say that reps for Ye reached out to clear the sample in February, after “Fuk” had already been released. Those talks allegedly went on for months, but were terminated in June when the plaintiffs say they were were notified that “YE had fired his entire legal and business team leaving him without any legal representation.”
“Despite a much anticipated resolution resulting from several months of intense negotiations, Plaintiffs were informed they would need to wait to be contacted by Defendant YE’s new legal representation,” the lawsuit says.
Another Ye attorney then reached out to re-start the sample negotiations, the lawsuit says, but then were informed that he too was no longer working with Ye. The accusers say that no deal has been reached since.
“Plaintiffs have never given permission to Defendants for such use of their music,” attorneys for the three rappers write. “Meanwhile all Defendants have continued to profit from the illegal usage of the sampled [song] with over 150,000,000 Spotify streams to date.”
Reps for Ye and Ty Dolla did not immediately return a request for comment.
Megadeth and lead singer Dave Mustaine have agreed to pay $1.4 million to resolve allegations that they still owed commissions to a long-time manager after he was “unceremoniously” fired and replaced by Mustaine’s son.
The deal will resolve claims in a lawsuit filed last year by Cory Brennan and his Five B Artist Management, which alleged that Mustaine was refusing to hand over more than $1 million in unpaid commissions after abruptly terminating Brennan in early 2023.
In a filing made public on Wednesday (Nov. 13), attorneys for Brennan alerted a Los Angeles judge that Mustaine and Megadeth had agreed to pay the manager and Five B a total of $1,400,006 to end the litigation over those accusations.
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The settlement will not end the dispute entirely. Mustaine countersued Brennan last year, claiming his tenure as manager had been “plagued with missteps” that caused serious harm, including damaging Mustaine’s hearing. Those claims were not resolved by the settlement and will continue to be litigated.
In a statement to Billboard on Wednesday, Brennan’s attorney, Howard King, said that while his client was “displeased at having to sue an artist,” he was “gratified” by the settlement payment.
“Dave Mustaine, who has a known history of firing advisors, terminated Five B Artist Management after 9 years of their having resurrected his failing career,” King said. “Ignoring the success Five B had helped Dave achieve, including a campaign to help him win his first Grammy, the release of two hit albums, and the elevation of his touring from small clubs back to arenas and amphitheaters, Dave simply refused to pay commissions owing and forced 5B to file a lawsuit.”
Mustaine’s attorney, Richard Busch, did not immediately return a request for comment on the settlement.
In a June 2023 lawsuit, Brennan alleged that Mustaine had sought him out in 2014 to “manage his career and get it back on track,” following an extended downturn in commercial and critical success in which the beloved thrash metal band “seemed to have lost their way.” Over the next nine years, Brennan said he had “worked tirelessly” for Mustaine, including “helping him with his personal struggles” and successfully re-establishing Megadeth as “one of the greatest metal bands of all time.”
But the lawsuit claimed that Mustaine abruptly fired Brennan in early 2023, leaving him owed hundreds of thousands of dollars in unpaid touring commissions and hundreds of thousands more in merchandise commissions.
“Despite this success and their long-term relationship, on April 28, 2023, Mustaine, through his lawyer, unexpectedly and unceremoniously terminated Plaintiffs, stating no reason for the termination,” the lawsuit alleged. “The decision was made to help send business to Mustaine’s son, who has been trying to build a career in artist management.”
Months later, Megadeth and Mustaine fired back with a countersuit of their own, claiming that Brennan had been fired due to “repeated management failures” that had “dealt serious blows to Megadeth’s reputation and even David Mustaine’s physical health.”
Mustaine’s lawyers claimed that both sides had always agreed that each would “go their separate ways” following any split between Brennan and the band — and the lawsuit was simply retaliation because the ex-manager was “upset” that his “mishandling” of the band’s business had finally “caught up with him.”
“The cross-defendants’ unfounded claims are nothing more than an attempt to capstone their years of mistreatment with extortionate demands for money not earned by cross-defendants nor owed by cross-plaintiffs,” Busch wrote in the complaint.
Since the initial accusations and counter-claims, the case had spent months in discovery — the process of exchanging evidence in a litigation. No rulings on the merits of the cases have yet been issued.
Following the settlement of Brennan’s claims, Mustaine’s accusations of wrongdoing against him — including breach of contract and negligence — will continue toward an eventual trial.