#metoo
Attorneys for Madison Square Garden executive James Dolan are firing back at a lawsuit that alleges he pressured a masseuse into unwanted sex while his band was touring with the Eagles, calling his accuser an “opportunist” who is “looking for a quick payday.”
In a motion filed Monday in Manhattan federal court, Dolan’s lawyers asked a federal judge to dismiss the lawsuit, in which a woman named Kellye Croft claims that Dolan coerced her into “unlawful and unwelcome sex acts” on repeated occasions during the 2013 tour.
Arguing that the allegations were “completely manufactured,” Dolan’s attorneys told the judge that it is “an unfortunate truth that some men, by virtue of their status, have become targets for opportunists looking for a quick payday.”
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“If this case were to proceed … plaintiff would be exposed as such an opportunist, and her claims would be soundly rejected for the lies that they are,” Dolan’s attorney lead counsel E. Danya Perry wrote. “But this action should never reach that stage, as plaintiff’s complaint is entirely deficient.”
Dolan is the majority owner/CEO of Madison Square Garden Entertainment, a live music giant that operates the famed New York City arena in addition to Manhattan’s Radio City Music Hall, the Las Vegas Sphere and other prominent venues.
Croft sued him in January, claiming she had been hired to serve as a massage therapist for Glenn Frey during the 2013 tour, on which Dolan’s band (JD & The Straight Shot) opened for Eagles. She says she thought the job was the “opportunity of a lifetime,” but that she quickly realized the real reason she was there: “Dolan was extremely assertive, and pressured Ms. Croft into unwanted sexual intercourse.”
The lawsuit also claimed that Dolan later facilitated an incident in which Croft was assaulted by Harvey Weinstein, the disgraced film producer whose many sexual assault allegations helped spark the #MeToo movement in 2017. Dolan previously served as a director at The Weinstein Company, and the lawsuit claimed that the two moguls were “close friends and business partners.”
In Monday’s response, Dolan’s attorneys took particular exception to the Weinstein allegations, calling them “scandalous and irrelevant” claims that had been designed to compensate for flaws in the case: “This transparent reliance on headline-grabbing, yet legally baseless, accusations of liability-by-association cannot save plaintiff’s case.”
Dolan’s motion also argued that the inclusion of Weinstein was actually a “fatal” weakness in one part of the case. They claimed that bankruptcy proceedings for The Weinstein Company resulted in a court order releasing all former directors from allegations that they aided and abetted Weinstein’s conduct — one of the claims leveled against Dolan in the complaint.
In a response statement on Wednesday, Croft’s attorney Douglas Wigdor called Dolan’s argument “shameful” and said his client had not participated in or benefited from the Weinstein bankruptcy, or even been notified of it.
“To somehow suggest that Dolan should receive a ‘get out of jail free’ card for his alleged intentional acts of trafficking our client, shows the extent to which he is willing to go to avoid having to defend the facts of our case,” Wigdor wrote.
Separately on Monday, attorneys for companies owned by music executive Irving Azoff also filed their own response to the case. While the lawsuit mostly centered on Dolan’s alleged conduct, it also accused the Azoff Company of violating federal sex trafficking laws by “facilitating Dolan’s behavior.”
In their motion, Azoff’s attorneys demanded not only that the claims be dismissed, but that Croft and her lawyers be legally sanctioned for filing “frivolous and vexatious” allegations without any real evidence to support them.
“As was explained to plaintiff’s counsel before the suit was commenced, the Azoff entities have never participated in any sex trafficking venture, and the complaint does not allege a single fact plausibly or remotely suggesting otherwise,” wrote the Azoff Company’s attorney Daniel Petrocelli.
“The decision by plaintiff and her counsel to include [such claims] in a federal pleading with nodiligence or investigation in order to publicly and falsely charge the Azoff Entities with despicable, illegal conduct fully justifies the imposition of … sanctions.”
In one portion of Croft’s complaint, her lawyers included a photograph of Dolan, Azoff and Weinstein standing together in 2015, saying that “these men were close to one another, and thus almost certainly knew details about each other’s personal lives.”
But in Monday’s motion seeking to dismiss the case and punish Croft’s lawyers, Azoff’s attorneys called the inclusion of Weinstein in the complaint a “gratuitous and unavailing” tactic that had been designed to prove “guilt-by-association” in the absence of any real evidence.
“Grasping at straws, plaintiff tries to link Weinstein to the Azoff entities by a single photo of Dolan, Weinstein, and Irving Azoff at an advertising trade conference in 2015,” Petrocelli wrote. “Awarding the Azoff entities their reasonable attorneys’ fees and costs in bringing this motion would deter plaintiff’s counsel from asserting such baseless, bad faith claims in the future.”
In his statement Wednesday, Croft’s attorney Wigdor called those arguments “meritless” and reiterated the allegations against Azoff’s companies: “We look forward to defeating these motions and moving forward with this litigation.”
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 federal appeals court overturns a $1 billion verdict won by the major labels over internet piracy; Kanye West blasts Adidas for selling “fake Yeezys” while also “suing” him; Aerosmith singer Steven Tyler wins the dismissal of one of his sexual abuse cases; and much more.
THE BIG STORY: Billion-Dollar Piracy Verdict Gone – For Now
One billion dollars – with a “B.” Back in 2019, that’s the massive sum that a federal jury ordered Cox Communications to pay to Universal Music Group, Sony Music Entertainment and Warner Music Group after concluding that the internet service provider had turned a blind eye to infringement by its users.
Piracy is no longer the existential threat it was once for the music industry. But in the mid-2010s, it was still a big deal — so much so, that music companies began suing ISPs to force them to take action. In 2018, the Big Three filed such a case against Cox, claiming that it had essentially helped its subscribers illegally share more than 10,000 of their copyrighted songs.
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ISPs are usually shielded from lawsuits over infringing conduct by their users, thanks to the Digital Millennium Copyright Act and its system of so-called safe harbors. But the judge overseeing the case ruled that Cox had forfeited the DMCA’s protections by failing to terminate subscribers who had repeatedly pirated music. Stripped of immunity, Cox was ordered to pay the labels more than $99,000 for every song its users infringed — one of the largest ever awards in an intellectual property lawsuit.
Cox appealed the case, arguing that it was “unprecedented in every way” and would require ISPs to cut off vital internet access based on unproven accusations of piracy. The labels said it was a fair punishment for a company that had allegedly avoided the problem for fear of losing money.
After more than four years of waiting for a ruling (so long that file-sharing has become something of antique topic) a federal appeals court finally weighed in this week — overturning the huge verdict, but leaving Cox still facing the potential for massive damages. Go read the full story to find out more.
Other top stories this week…
IS ADIDAS SUING YE? – Kanye West took to Instagram to blast Adidas for “suing him” at the same time that it was selling “fake Yeezys” to consumers: “Not only are they putting out fake colorways that are non-approved, they’re suing me for $250 million.” So is Adidas really suing him? The answer is … complicated.
MORE DIDDY ALLEGATIONS – Sean Combs was hit with another abuse lawsuit, this time by a producer named Rodney “Lil Rod” Jones Jr. who says the rapper sexually assaulted and harassed him. But the case also includes more bizarre allegations, claiming that Diddy and others participated in a “RICO enterprise” – civil allegations under the Racketeer Influenced and Corrupt Organizations Act, a federal law that’s more often used in criminal cases against mobsters and drug cartels. Combs’ lawyer Shawn Holley told Billboard that the claims were “pure fiction” filed by a man “shamelessly looking for an undeserved payday.”
…AND A NEW RESPONSE – Days earlier, Combs also filed his first legal response to one of his earlier abuse cases, in which a woman claims that he “sex trafficked” and “gang raped” her when she was a 17-year-old girl in 2003. In the filing, Combs told a federal court that the allegations are “fictional”; among other things, Diddy’s lawyers said the case was filed so late that it violates his constitutional right to defend himself.
EAGLES’ STOLEN NOTES TRIAL – Don Henley took the stand in an ongoing criminal trial of three memorabilia sellers who prosecutors claim tried to sell stolen draft lyrics to “Hotel California” and other Eagles hits. The accused defendants claim Henley willingly gave the pages to a journalist decades ago, meaning they were never stolen. But in his testimony, the rock legend said he only gave the writer access, not possession: “You know what? It doesn’t matter if I drove a U-Haul truck across country and dumped them at his front door. He had no right to keep them or to sell them.”
STEVEN TYLER RULING – A federal judge dismissed a lawsuit accusing Aerosmith singer Steven Tyler of sexually assaulting a teenage girl in 1975, ruling that she had waited too long to bring her case. Jeanne Bellino sued the rocker in November under New York’s “lookback” law that allows abuse victims to sue over decades-old claims. But the judge ruled that her allegations — forcible kissing and groping — were not covered by the law because they did not present a “serious risk of physical injury.”
NICKELBACK CASE DISMISSED – A federal appeals court rejected a copyright lawsuit that claimed Nickelback ripped off its 2006 hit “Rockstar” from an earlier song called “Rock Star,” ruling that the band can’t be sued simply for using “clichés” and “singing about being a rockstar.”
IDOL PRODUCER SUED AGAIN – Former American Idol producer Nigel Lythgoe was hit with another sexual assault lawsuit, this time by an unidentified woman who claims he forcibly touched her in 2016. Lythgoe was already facing an earlier lawsuit from Paula Abdul over two separate alleged incidents of sexual assault.
Sean “Diddy” Combs has filed his first legal response to allegations that he “sex trafficked” and “gang raped” a 17-year-old girl in 2003, telling a federal court that the allegations are “fictional” and violate his constitutional right to due process.
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The lawsuit, filed in December, was one of several abuse cases filed against the hip hop mogul late last year. In it, an unnamed Jane Doe accuser claimed that Combs and former Bad Boy Records president Harve Pierre “plied” her with drugs and alcohol before raping her in a Manhattan recording studio when she was just a high school junior.
But in his first formal response to the lawsuit, attorneys for Combs tell a federal court Tuesday that the events simply did not happen: “He never participated in, witnessed, or was or is presently aware of any misconduct, sexual or otherwise, relating to plaintiff in any circumstance whatsoever.”
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Led by prominent entertainment litigator Shawn Holley, Combs’ attorneys not only argue that the allegations are false, but that they are unconstitutional. They say that the statute cited in the lawsuit — New York City’s Victims of Gender-Motivated Violence Protection Law — is itself unconstitutional “on its face,” and that his accuser’s “decision to wait more than two decades” has cost Combs “the ability to defend himself fully and fairly.”
“For example, some or all evidence that otherwise would have been available if the action had been promptly commenced may be unavailable, lost, or compromised,” Holley writes. “The absence of evidence materially impacts defendant’s ability to defend against essential aspects of plaintiff’s claims. Witness identification, availability, and recollections are likely compromised due to the substantial passage of time since the alleged incident.”
The lawyers for Combs also say the case violates the so-called doctrine of unclean hands – meaning the accuser filed the lawsuit in bad faith. In making that argument, they said the lawsuit “alleges an entirely fictional account that never occurred.” They also argue that photos cited by the accuser in her complaint could be fake, disputing the “context, genuineness, and/or accuracy” of the images.
Combs was hit with a deluge of abuse claims late last year, first in the form of explosive allegations of rape by R&B singer and longtime romantic partner Cassie. That case quickly settled, but Combs was then sued by two other women who say they were sexually assaulted, and then hit with the current case over the alleged 2003 rape of Jane Doe.
Combs has already strongly denied all of the allegations. In a statement in December, he said: “I did not do any of the awful things being alleged. I will fight for my name, my family and for the truth.”
In her complaint, Jane Doe claimed that she met Pierre at a Detroit club in 2003, when she was just a junior in high school. After he “smoked crack cocaine” and “sexually assaulted Ms. Doe by forcing her to give him oral sex,” she says she flew to New York on Combs’ private jet to visit him in his Manhattan recording studio.
While at the studio, the lawsuit claims that Combs, Pierre and an unnamed third man “plied Ms. Doe with drugs and alcohol” until she was so inebriated that she “she could not possibly have consented to having sex with anyone, much less someone twice her age.”
“While at the studio, Ms. Doe was gang raped by Mr. Combs, the Third Assailant and Mr. Pierre, in that order,” Wigdor writes in the lawsuit. The lawsuit claims the unnamed man “raped Ms. Doe as she told him to stop,” and that Pierre “violently forced her to give him oral sex, during which Ms. Doe was choking and struggling to breathe.”
After the attack, the lawsuit says the accuser “could barely stand up” and “had to be helped to walk out of the building and back into a car.” She says she was then flown back to Michigan.
Also on Tuesday, Pierre filed his own formal response to the lawsuit, saying he “never participated in the sexual assault of the Plaintiff nor did he ever witness anyone else sexually assaulting the plaintiff.” Two corporate entities named in the lawsuit — Daddy’s House Recordings, Inc. and Bad Boy Entertainment Holdings, Inc. – also asked to be dismissed from the case, arguing they could not be held liable for any alleged wrongdoing by Pierre and Combs.
In a statement to Billboard on Wednesday, Jane Doe’s lawyers sharply rejected the arguments from Combs’ lawyers: “The deeply troubling allegations against the defendants by multiple women speak for themselves. The ridiculous claim that the photos are somehow fake and the law at issue is unconstitutional are nothing more than desperate attempts to conjure a defense where none exists.”
Read Diddy’s full legal filing here:
Former record executive Drew Dixon, who previously accused Russell Simmons of rape, is now suing the Def Jam Recordings founder over allegations that he defamed her by suggesting during a December interview that she was lying about the incident.
In a lawsuit filed Thursday (Feb. 15) in Manhattan federal court, Dixon’s attorneys claim Simmons “subjected Ms. Dixon to public ridicule, contempt, and disgrace” by “calling her a liar.” During the interview, Simmons did not reference Dixon by name, but her lawyers say the message was clear.
“Mr. Simmons’s false statements were broadcast around the world and were reasonably understood by those who heard them to be specific factual claims by Mr. Simmons that he had not sexually abused Ms. Dixon and that Ms. Dixon was a liar who was seeking fame,” her attorneys wrote.
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The lawsuit claims that Simmons’ statements were designed “to cause the world to disbelieve Ms. Dixon” and to “destroy Ms. Dixon’s efforts to use her experience to help others suffering as victims of sexual abuse and harassment.”
Simmons did not immediately return a request for comment on the lawsuit’s allegations.
Dixon, a former A&R at Def Jam, was one of three women who accused Simmons of rape in a blockbuster 2017 article by the New York Times. Her allegations were also at the center of On the Record, a 2020 documentary film that featured interviews with numerous other women who have made other abuse accusations against Simmons.
Similar harassment and assault claims against Simmons by other women have also been reported by the Los Angeles Times and the Hollywood Reporter; a report by People says that a total of 19 different women have made allegations against him. Just last week, Simmons was hit with new accusations in a federal lawsuit that claims he raped a former Def Jam video producer in the 1990s.
At issue in Friday’s lawsuit are statements made by Simmons during an interview on a Dec. 6 episode of In Depth with Graham Besinger, titled “Russell Simmons breaks silence on allegations.”
On the podcast, Simmons said he was facing allegations from “six people” after he slept with “thousands” of women over the course of his life. He said that “people can have a recollection from 30 or 40 years ago, and it can be different from my recollection.”
“Could someone leave and feel hurt? Could someone leave and feel that they wish they hadn’t? Could some re-imagine a story out of thousands of people? Could someone want notoriety in a market where people thirst for fame?” Simmons asked, before later adding: “I’ve never been forceful in any of my relationships. All of what I’ve had has been consensual.”
Dixon’s name is never mentioned during the interview. But statements can still be defamatory without explicitly naming the alleged target, so long as a person is “reasonably identifiable” from what is said.
In her complaint, her lawyers say the “six people” Simmons mentioned “necessarily includes Ms. Dixon,” and thus his statements “have the effect” of accusing her of lying in her allegations: “Mr. Simmons’s false statements directly and indirectly indicate that Ms. Dixon lied about being sexually abused and harassed by Mr. Simmons.”
The case against Simmons is not the first time Dixon has taken a powerful music industry figure to court.
While she hasn’t previously filed a lawsuit against Simmons over her public abuse accusations, she did file such a case in November against Antonio “L.A.” Reid, a longtime music industry executive with stints at Epic Records, Island Def Jam and Arista Records. In that case, Dixon says Reid assaulted her twice during the mid-2000s and then blackballed her after she rebuffed further advances.
That case remains pending.
T.I. and his wife Tiny Harris are facing a new civil lawsuit that claims they drugged and sexually assaulted a woman they met in a Los Angeles nightclub in 2005.
In a complaint filed Tuesday in Los Angeles court, lawyers for a Jane Doe accuser say T.I. (Clifford Harris) and Tiny (Tameka Harris) gave her a spiked drink after she was introduced to them in the VIP section of a club, then brought her back to their hotel room where they “forced her to get naked” and assaulted her.
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“Plaintiff did not consent to any of the sexual assault or misconduct and did not have the capacity to consent after being drugged by defendants,” lawyers for the alleged victim write in the lawsuit, which was obtained by Billboard.
Attorneys for accuser, who they say was in her early twenties and serving in the U.S. Air Force at the time, claim she was introduced to the couple by an associate named “Caviar,” who she says she met the previous night at the house of the rapper Coolio. Midway through the alleged incident, after she allegedly drank a beverage offered her by Tiny, she began to feel “extremely dizzy and lightheaded” and later passed out.
The allegations share similarities to previously-reported accusations. In 2021, the New York Times reported a police investigation over an alleged 2005 incident in which “a military veteran” claimed the famous couple had “raped her in a hotel room” after she had become “incapacitated” while drinking with them in the “VIP section” at a Los Angeles club.
At the time, the couple strongly denied any wrongdoing, saying the accusations were part of “a sordid shakedown campaign.” Prosecutors later declined to bring charges over the allegations, citing the expiration of a 10-year statute of limitations.
The new case is filed under California’s Sexual Abuse and Cover Up Accountability Act, which created a four-year window through 2026 for alleged victims to bring cases that would otherwise be barred by the statute of limitations. The law is similar to New York’s Adult Survivors Act, which recently led to a wave of sexual abuse cases in that state before the statute expired in November.
Representatives for the Harrises and their label, Grand Hustle Records, did not immediately return requests for comment on the lawsuit’s allegations. The attorney who represented the couple during the earlier police investigation also did return a request for comment.
The new lawsuit against the Harrises contains explicit details of the alleged sexual assault.
After meeting T.I. and Tiny at the nightclub, the accuser’s lawyers claim Tiny “handed plaintiff a drink” and “watched her take a drink.” A short time later, the trio allegedly returned to a nearby hotel, where Tiny “took off all of plaintiff’s clothing,” got undressed herself, and they were joined by a nude T.I.
“Plaintiff was then directed to get in the shower and T.I. and Tiny entered the shower with her,” her lawyers write. “Plaintiff was extremely shocked and uncomfortable.” After the shower, the accuser claims she began to feel “extremely dizzy and lightheaded” and was “visibly drugged” as T.I. told her to get into bed.
“Plaintiff could tell she was experiencing something serious and debilitating that was not a symptom of a typical drink or a few drinks,” her lawyers say.
After T.I. allegedly forced her to watch pornographic movies, he then “demanded she begin rubbing oil on his back and naked body, while Tiny “proceeded to get on plaintiff’s back, while she was still naked, and grind back and forth” on top of her. Then, “while Tiny was straddled on plaintiff’s back and pinning her down,” the accuser claims that T.I. “proceeded to slide his toes into plaintiff’s vagina.”
“Plaintiff grew increasingly sicker and felt extremely ill by the assault and battery she was experiencing,” the Doe’s attorneys write. Eventually, she “forced herself up and went into the bathroom where she proceeded to vomit.” She later emerged from the bathroom “naked, dazed, sickened, and weak” and passed out on a couch.
When she was awoken by a security guard the next morning, the accuser claims she “immediately noticed her vagina was in serious pain.” As she was crying, she says the security guard then escorted her out of the room.
The lawsuit is the latest in a recent flood of lawsuits alleging sexual assault and sexual harassment by men in the music industry. Over the past year, such cases have been filed against hip hop mogul Sean “Diddy” Combs, Aerosmith star Steven Tyler, Interscope Records co-founder Jimmy Iovine and former Recording Academy president Neil Portnow, among many others.
If you or someone you know has experienced sexual violence and need support and/or resources, reach out to RAINN and the National Sexual Assault Hotline (800-656-HOPE) for free, confidential help 24/7.
It’s been six years since the #MeToo movement exploded into the mainstream consciousness, and Ellie Goulding believes that the reckoning has changed the music industry for the better. In a new interview with BBC Radio 4’s Today show, the “Love Me Like You Do” singer recounted the evolution of her experiences in the music industry post-#MeToo.
“I definitely think the landscape has changed a bit, especially since the [#MeToo] movement,” Goulding said. “I think that was really, really important for people to keep speaking out about their individual stories, because I know a lot was happening and just wasn’t being talked about.”
Activist Tarana Burke first coined the phrase “Me Too” in the context of raising awareness against sexual violence and rape culture in 2006. The phrase grew into a culture-shifting social movement by 2017 when several sexual abuse allegations were levied against disgraced film producer Harvey Weinstein.
Those Weinstein allegations became a catalyst for more people to feel comfortable coming forward and sharing their stories. In the interview, Goulding recounted an experience that she had “sort of normalized.”
“You know, when you go into a studio and afterwards the producer asks if you want to go for a drink. And I’m quite a polite person, I don’t like letting people down. I don’t like disappointing people. So I was like, ‘Yeah, sure, absolutely, go for a drink,’” she explained. “And then it sort of somehow becomes like a romantic thing when it shouldn’t. You don’t want it to be a romantic thing, but it’s like there was always a slight feeling of discomfort when you walked into a studio and it was just one or two men writing or producing.”
For Goulding, “hearing so many other, similar stories from other female musicians and singers” helped her realize that those experiences — which she described as a “kind of currency” — were not to be normalized. “I [realized] that I wasn’t alone in it at all. It wasn’t just me, being particularly friendly.”
“It was like a sort of unspoken thing where if you’re working with male producers, that was almost like an expectation, which sounds mad for me to say out loud, and it definitely wouldn’t happen now. I mean, very rarely, because things have just really changed,” she said. “Younger artists at Polydor, my record label, will now have chaperones when they go to the studio. And they also have a chance to speak to a [counselor] or speak to someone about their experience as an up-and-coming musician.”
The “Lights” singer’s recent sentiments echo a 2020 Independent interview where she said, “I feel really stupid for saying I wasn’t affected by the #MeToo movement… I [normalized] too much and I am sad about that.”
Goulding is entering the new year with her second career Grammy nomination — best pop dance recording for “Miracle” (with Calvin Harris). In 2023, she earned her sixth career entry on the Billboard 200 with Higher Than Heaven (No. 125), which also hit No. 1 on the U.K. Albums chart.
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: Lawyers for Michael Jackson’s estate send a legal threat letter over the recent release of a rare Jackson 5 recording; Sean “Diddy” Combs and a former Recording Academy boss are both hit with sexual assault lawsuits as music’s #MeToo wave continues; Google loses an epic antitrust battle over smartphone apps; and much more.
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THE BIG STORY: MJ’s Estate Threatens Lawsuit Over Rare Recording
“We write to put you on notice regarding several matters that expose you to liability to the Jackson Estate.”
That’s never a great thing to read, but it’s particularly problematic if you’ve just announced to the world that you’re about to digitally release a rare Jackson 5 song that holds the distinction as “Michael Jackson’s first ever studio recording.”
A day after a Swedish company called anotherblock did precisely that, attorneys for Michael’s estate sent a letter warning that they weren’t happy about the plan. They said the release “violates” the estate’s trademark and likeness rights, and that the company was potentially “misleading the public” by claiming the song was the first-ever Jackson recording.
“We have serious doubts that Michael would have ever wanted these recordings released and commercialized,” the estate’s attorneys wrote. “What you are doing is the opposite of honoring Michael Jackson.”
Go read the entire story here, including access to the full letter sent by the estate.
Other top stories this week…
DIDDY SUED YET AGAIN – Another woman — the fourth in three weeks — filed a lawsuit against Sean “Diddy” Combs over allegations of sexual assault. The unnamed Jane Doe accuser claims she was “sex trafficked” and “gang raped” by Combs, former Bad Boy Records president Harve Pierre and another man in 2003 when she was 17 years old. Combs, who had mostly stayed quiet since allegations started flying, responded that “ENOUGH IS ENOUGH” and that he “did not do any of the awful things being alleged.”
MORE MUSIC #METOO CLAIMS – Former Recording Academy CEO Mike Greene and the academy itself were hit with a lawsuit alleging Greene sexually assaulted an Academy employee named Terri McIntyre in the 1990s. The woman claims that during her tenure at the Academy from 1994 to 1996, she was “forced to endure pervasive, incessant and routine sexual harassment and/or sexual assault” from Greene and that the Academy enabled it by failing to take action.
GOOGLE LOSES MONOPOLY CASE – A jury found that Google violated federal antitrust laws by maintaining an illegal monopoly over the Android app market, siding with Epic Games, the maker of the hit video game Fortnite. The case had been closely watched by digital music services like Spotify because Epic’s lawsuit challenges the fees that Google and Apple require apps to pay for in-app transactions and subscriptions.
LIL DURK DOUBLE DIP? – The Chicago rapper was sued by a fintech firm called Exceed Talent Capital, which claims that Durk agreed to grant the company the recording royalties from his song “Bedtime” even though he had already signed an exclusive deal with Sony’s Alamo Records — an alleged double-dip that Exceed called a “manifest fraud.”
TYGA’S INFRINGING SNEAKERS – A federal appeals court sided with Vans and ruled that Tyga‘s “Wavy Baby” sneakers — a parody of the company’s classic Old Skool — likely violate the shoe company’s trademarks. The company that partnered with the rapper to create the sneaker (MSCHF) argued that it had been designed to criticize “sneakerhead” consumerist culture and was thus protected by the First Amendment. But the court said that the shoe was entitled to “no special First Amendment protections” and that the sneaker was likely to confuse consumers into thinking it was an authentic Vans partnership.
TWITTER SUED OVER COPYRIGHTS – SUISA, the music royalties collecting society in Switzerland, sued X Corp. (formerly Twitter) in German court over allegations that the social media site has allowed infringing content to be posted to the platform. The lawsuit mirrors a similar case filed against Twitter in U.S. court in June by dozens of music publishers who are seeking as much as $255 million in damages.
TICKETING REFORM ADVANCES – Legislation that aims to make buying concert tickets an easier, more straightforward process was voted forward by a U.S. House of Representatives committee, clearing the way for a full House vote. Among other features, the proposed STOP Act would require sellers to post final “all-in” prices that include fees, as well as ensure buyers can get refunds after cancellations. Days after the vote, a similar bill, The Fans First Act, was introduced in the Senate by a bipartisan coalition of lawmakers.
CRIP MAC FACES GUN CHARGE – YouTuber and rapper Trevor Hurd, who goes by the name Crip Mac, was arrested in Los Angeles on federal gun charges. The arrest by U.S. Marshals came moments after a California judge agreed to drop state gun charges against Mac over the same alleged wrongdoing — a not-uncommon step after state prosecutors coordinate with the U.S. Attorneys Office.
Guns N’ Roses frontman Axl Rose was hit with a lawsuit Wednesday over allegations that he sexually assaulted a Penthouse model in 1989.
In a complaint filed Wednesday in New York court, attorneys for Sheila Kennedy claim that Rose “used his fame, status, and power as a celebrity and performer in the music industry to gain access to manipulate, control, and violently sexually assault” her.
The alleged attack – in a New York City hotel room in February 1989 — has caused her to suffer “severe emotional, physical, financial and psychological distress” ever since, Kennedy’s lawyers say.
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“Kennedy has experienced symptoms akin to post-traumatic stress disorder whenever she hears Rose’s name or the music of Guns N’ Roses,” her attorneys wrote. “Other sexual encounters have drawn her right back to the night that Rose had assaulted her.”
A rep for Rose did not immediately return a request for comment.
The case against Rose is the latest in a string of sexual misconduct lawsuits filed over the last month against men in the music industry, including industry executives like L.A. Reid and superstar artists like Sean “Diddy” Combs. The spike in cases is due to the looming expiration on Thursday of New York’s Adult Survivors Act, which created a one-year window for alleged survivors to take legal action over years-old accusations that would typically be barred under the statute of limitations.
In her complaint against Rose, Kennedy makes graphic allegations of sexual assault.
After first meeting the rock star at a nightclub, Kennedy says Rose invited her back to a party at his hotel room, along with his friend David Andrew “Riki” Rachtman and another model. After providing his guests with “cocaine, champagne, and alcohol,” the lawsuit claims Rose then “pushed Kennedy against the wall and kissed her.”
“Kennedy found Rose attractive and did not mind this encounter,” her lawyers write. “She was open to sleeping with him if things progressed and if they continued to find each other attractive.”
But Kennedy says the night then got darker – first when she witnesses Rose having “painful” sex with the other model, then when she thought he was encouraging group sex. After she exited the room, she claims Rose stormed into a rage, dragged her back into the room, through her onto the bed, and bound her hands.
“Rose then sexually assaulted Kennedy,” Kennedy’s lawyers write. “Rose forcibly penetrating Kennedy’s anus with his penis. Rose made no attempt to ask for or check that Kennedy was consenting. He treated her like property used solely for his sexual pleasure. He did not use a condom.”
Faced with the ongoing attack, Kennedy’s lawyers say she “felt she had no escape or exit and was compelled to acquiesce” to the assault. “She understood that the safest thing to do was to lie in bed and wait for Rose to finish assaulting her.”
Read Kennedy’s full lawsuit here:
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: Sean “Diddy” Combs is accused of rape amid an ongoing wave of music industry sexual abuse lawsuits; Shakira settles her $15 million tax evasion case on the eve of trial; UMG defeats a lawsuit filed by artists over its lucrative ownership stake in Spotify; and more.
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THE BIG STORY: Diddy Sued As Music #MeToo Wave Continues
Following a string of abuse cases against powerful men in the music industry, Sean “Diddy” Combs was sued by R&B singer and longtime romantic partner Cassie over allegations of assault and rape — and then settled the case just a day later.
In a graphic complaint, attorneys for Cassie (full name Casandra Ventura) claimed she “endured over a decade of his violent behavior and disturbed demands,” including repeated physical beatings and forcing her to “engage in sex acts with male sex workers” while he masturbated. Near the end of their relationship, Ventura claimed that Combs “forced her into her home and raped her while she repeatedly said ‘no’ and tried to push him away.”
Combs immediately denied the allegations as “offensive and outrageous.” He claimed Cassie had spent months demanding $30 million to prevent her from writing a tell-all book, a request he had “unequivocally rejected as blatant blackmail.”
Read the full story on the lawsuit here.
Just a day after it was filed, Combs and Ventura announced that they had reached a settlement to resolve the case. Though quick settlements can happen in any type of lawsuit, it’s pretty unusual to see a case with such extensive and explosive allegations end just 24 hours after it was filed in court. “I wish Cassie and her family all the best,” Combs said in a statement. “Love.”
Both sides quickly put their spin on the settlement. A former staffer at Cassie’s law firm sent out a statement arguing that the quick resolution was “practically unheard of” and suggesting it showed the “evidence against Mr. Combs was overwhelming.” Combs’ lawyer, Ben Brafman, put out his own statement reiterating that a settlement — “especially in 2023” — was “in no way an admission of wrongdoing.”
Read the full story on the settlement here.
The case against Combs is the most explosive sign yet that, six years after the start of the #MeToo movement, the music industry is currently experiencing something of a second iteration.
Sexual assault lawsuits were filed earlier this month against both former Recording Academy president/CEO Neil Portnow and label exec Antonio “L.A.” Reid, and in October longtime publishing exec Kenny MacPherson was sued for sexual harassment. Before that, sexual misconduct allegations were leveled at late Atlantic Records co-founder Ahmet Ertegun; Backstreet Boys member Nick Carter; singer Jason Derulo; and ex-Kobalt exec Sam Taylor.
Many of the recent cases have been filed under New York’s Adult Survivors Act, a statute that created a limited window for alleged survivors to take legal action over years-old accusations that would typically be barred under the statute of limitations. With that look-back period set to end on Thursday (Nov. 23), more cases could be coming in the next few days. Stay tuned…
Other top stories this week…
UMG WINS CASE OVER SPOTIFY STAKE – A federal judge dismissed a class action against Universal Music Group that challenged the fairness of its 2008 purchase of shares in Spotify. The case, filed by ’90s hip-hop duo Black Sheep, accused the company of taking lower-than-market royalty rates in return for a chunk of equity that’s now worth hundreds of millions. But the judge ruled that such a maneuver — even if proven true — wouldn’t have violated UMG’s contract with its artists.
A$AP ROCKY TO STAND TRIAL – A Los Angeles judge ruled that there was enough evidence for A$AP Rocky to stand trial on felony charges that he fired a gun at a former friend and collaborator outside a Hollywood hotel in 2021. The 35-year-old hip-hop star’s lawyer vowed that “Rocky is going to be vindicated when all this is said and done, without question.”
SHAKIRA SETTLES TAX CASE – The Columbian superstar agreed to a deal with Spanish authorities to settle her $15 million criminal tax fraud case that could have resulted in a significant prison sentence for the singer. After maintaining her innocence for five years, Shakira settled on the first day of a closely-watched trial: “I need to move past the stress and emotional toll of the last several years and focus on the things I love,” she said.
ROD WAVE MERCH CRACKDOWN – The rapper won a federal court order empowering law enforcement to seize bootleg merchandise sold outside his Charlotte, N.C., concert, regardless of who was selling it. He’s the latest artist to file such a case to protect ever-more-valuable merch revenue following Metallica, SZA, Post Malone and many others.
MF DOOM NOTEBOOK BATTLE – Attorneys for Eothen “Egon” Alapatt fired 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.
“THE DAMAGE WILL BE DONE” – Universal Music Group asked for a preliminary injunction that would immediately block artificial intelligence company Anthropic PBC from using copyrighted music to train future AI models while their high-profile case plays out in court.
DIDDY TEQUILA CASE – In a separate legal battle involving Diddy, a New York appeals court hit pause on his lawsuit against alcohol giant Diageo that accused the company of racism and failing to adequately support his DeLeon brand of tequila. The court stayed the case while Diageo appeals a key ruling about how the dispute should proceed.
A female songwriter is suing Kobalt Music Group and former company executive Sam Taylor over allegations that he leveraged his position of power to demand sex from her – and that the company “ignored” and “gaslit” women who complained about him.
In a complaint filed Monday in Los Angeles court, lawyers for Nataliya Nikitenko say that Taylor exploited his control over her career to repeatedly pressure her to have sex with him — an allegation legally termed “quid pro quo sexual harassment.” After initially rebuffing him, she claims she eventually gave in and was “forced to engage in unwanted sexual intercourse.”
“Taylor’s actions were sexually predatorial, as defendant Taylor held a position of power over plaintiff,” Nikitenko’s lawyers write. “In fear of her physical safety and with the knowledge that defendant Taylor would withhold work opportunities, defame plaintiff, and ruin plaintiff’s reputation if plaintiff displeased defendant Taylor … plaintiff reluctantly submitted to defendant Taylor’s sexual advances.”
The lawsuit was filed by an unnamed woman identified only as Jane Doe, a common procedural step in cases where plaintiffs fear retaliation. But the allegations closely mirror public accusations from Nikitenko reported by Billboard last year, and the language of the lawsuit directly confirms Jane Doe is Nikitenko.
In addition to the accusations against Taylor, Nikitenko is also suing Kobalt and company executives Sas Metcalfe, Sue Drew and Lauren Hubert. The songwriter’s lawyers claim that Kobalt and the executives were aware of allegations of impropriety against Taylor, but “silenced” women who made them.
“Kobalt [and its executives] consistently ignored the complaints against [Taylor] throughout his entire employment further empowering him and encouraging to continue his scheme of threatening individuals, sexually assaulting them, sexually battering them, and leveraging his power and ability to advance their careers,” Nikitenko’s lawyers write. They say the company “valued profits over the safety of not only their employees but the artists, musicians, and singers they contracted with.”
Taylor did not return an emailed request for comment on the lawsuit’s allegations; a lawyer who represented him in relation to Nikitenko’s claims to Billboard last year also did not reply. But in the story last year, Taylor’s lawyer said the relationship had been “completely consensual at all times.”
“It is a shame that his efforts to genuinely help her career, unrelated to any relationship, are being turned on him in this manner,” Taylor’s lawyer told Billboard at the time. “We assume that she’s doing this with full knowledge of the complete lack of linkage between his efforts on her behalf and any relationship. That relationship has long since ceased.”
Kobalt, in a statement to Billboard on Wednesday, called the lawsuit’s allegations against the company and its employees “baseless.”
“The complaint contains materially false allegations, and we believe that the plaintiff knows them to be false,” the company spokesman said. “Kobalt has always had a zero-tolerance policy for harassment of any sort, and neither Kobalt nor its executives condoned or aided any alleged wrongdoing by any Kobalt employee, including Sam Taylor. Kobalt will vigorously defend this case and pursue all of its available remedies.”
In her lawsuit, Nikitenko says she signed a publishing administration deal with Kobalt in May 2015, when she was 20 years old. She says she first met Taylor, then 39, at a “writers hang” in February 2016, when he “pulled plaintiff aside and asked for her cell phone number.”
Over the next year, she claims that Taylor (her “point person” within Kobalt) began to sexually harass her via text and in person, including repeatedly “flirting” with her and making inappropriate comments in front of others at Kobalt.
In one alleged incident, Nikitenko claims that she was in a “a very small recording booth” at the Kobalt offices when Taylor entered, shut the door and told her “show me your boobs.” She claims he then “touched, groped, and grabbed” her breasts, leaving her “shocked” and “embarrassed.”
“The fact that defendant Taylor did this in the middle of the office only further illustrated that defendant Taylor was given the latitude and power to do whatever he wanted without and care or concern,” her lawyers write in the lawsuit.
Nikitenko says that as the harassment from Taylor continued to escalate, she eventually succumbed and agreed to go on a date with him because she feared retaliation. When she asked where they should meet, Taylor allegedly responded “your house.” She says she then rebuffed him and they instead met at a Santa Monica restaurant, but that he “insisted and pressured” her to let him take her home.
“Due to plaintiff’s well-founded fear for her career and the power dynamic that defendant Taylor had over her career, plaintiff was forced to engage in unwanted sexual intercourse with defendant Taylor,” Nikitenko’s lawyer wrote. “As soon as defendant Taylor orgasmed, defendant Taylor quickly got dressed and left.”
Over the following two years, Nikitenko claims that Taylor repeatedly leveraged his position to coerce her into more sex, often alternating between sexually-charged texts — including “unwanted nude pictures” — with discussions of career advancement. In several texts quoted in the complaint, Taylor allegedly told her “you owe me.”
“Throughout plaintiff’s contract and business relationship, defendant Taylor required plaintiff to pay defendant Taylor with sexual favors for career opportunities defendant Taylor promised,” her lawyers write. “Defendant Taylor would often say that defendant Taylor needed a ‘fee’ after helping plaintiff. This ‘fee’ referred to sexual favors.”
After he allegedly became “frustrated” with her, the lawsuit claims that Taylor spread a false rumor that Nikitenko, who is white, had “made a racist comment” during a recording session with music producer J. White, who is Black. She claims the false rumor was a form of retaliation, and that it has “prevented plaintiff from working with many other producers and labels.”
According to the lawsuit, Taylor was “terminated” from Kobalt in October 2019; a Kobalt spokesman declined to comment when asked for the exact cause for his exit from the company.
Notably, Nikitenko’s lawsuit says she did not report Taylor’s behavior to anyone at Kobalt until July 2020, well after he had already been terminated. But she says the company and its executives were previously aware of his “history of inappropriate sexual behavior,” and that several other Kobalt employees had complained to HR about him.
“No corrective action was taken by defendant Kobalt which allowed for and encouraged defendant Taylor to continue to sexually harass, threaten, and retaliate against others, including but not limited to, plaintiff,” her lawyers write.
In March 2022, Nikitenko says she attempted to terminate her agreement with Kobalt, citing her alleged mistreatment by Taylor. She claims that the company offered to let her walk away, but only if she repaid her unrecouped balance and signed some form of non-disclosure agreement — an offer she says she refused.
In the time since she went public with her allegations last year, Nikitenko says that Kobalt has “retaliated” against her by “not placing plaintiff in sessions or introducing Plaintiff to other artists to work” and ignoring her direct requests for work.
Taylor joined Republic Records in October 2020, and was promoted to the head of the label’s hip-hop and R&B A&R department in December 2021. It’s unclear if he is currently still employed by Republic, and a label spokesman did not immediately return a request for comment on Taylor’s status. Republic, a unit of Universal Music Group, is not named as a defendant in the lawsuit or accused of any wrongdoing.
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