(Legal) Career Killers: “Alone Again” by Biz Markie

Welcome to (Legal) Career Killers — a series that looks at how the law, lawyers or lawsuits killed a band’s or artist’s careers. In other words: They fought the law and the law won.

I wrote an ABA Journal cover story in 2019 looking at songs that changed the law. The issue of sampling has become an important one when it comes to copyright law. A major reason why was because of two 1991 cases. I spotlighted the first: a lawsuit filed by members of 60s era band The Turtles against hip hop group De La Soul. I decided to take a look at the second one, which involves the recently deceased rapper Biz Markie.

When the Diabolical Biz Markie died in July 2021, many publications made sure to emphasize that he was more than just a one hit wonder. Widely known for his big personality and sense of humor, the “Clown Prince of Hip Hop” (he once recorded a song about picking his nose called “Pickin’ Boogers” – either that or “Weird Al” Yankovic’s “Gotta Boogie,” is the best song ever written about nose doo-doo) was a highly influential rapper who was beloved in hip hop circles and by his fans.

But the fact remains that most people only knew him by his big hit, 1989’s “Just a Friend.” A major reason why he never had another was because of a lawsuit that helped set a precedent in the then-grey area of sampling.

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Things I Wish I Had Known About IVF

I really thought it was going to be easy.

Sure, natural conception hadn’t worked out for us, but I figured IVF would be a piece of cake. After all, lots of people have babies that way, right? All I’d have to do is show up to the fertility doctor’s office and use their porn room to produce a semen sample (Hollywood has taught me that every office has a porn room). They’d mix it with my wife’s eggs, freeze them, and then we’d show up one day and they would simply implant one or two in my wife’s uterus. Nine months later, we’d be parents.

Boy, was I naive.

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Career Killers: “Be Here Now” by Oasis

I read several articles commemorating Oasis’ mammoth 1997 album, Be Here Now, which was recently celebrated its 25th anniversary. The consensus has long been that this bloated, overproduced, self-indulgent, chemically non-enhanced album is what ended Oasis as a major commercial force and may have even killed off the Britpop phenomenon. As Rolling Stone famously put it, Be Here Now is “a concept album about how long all the songs are.”

Then I saw this review. Fatherly called Be Here Now a “perfect album” but not in terms of quality. Instead, this critic argues that the album was a perfect encapsulation of where the band was at the time and a honest reflection of everything they stood for. To me, that sounds a bit like arguing that The Room is a perfect movie because it flawlessly captures Tommy Wiseau’s delusions of grandeur and limitations as a filmmaker.

I don’t know if I buy that argument. But this album was perfect in one sense — it was a perfect disaster.

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Career Killers: “Girl You Know It’s True” by Milli Vanilli

Imagine a world in the multiverse where MTV had produced a show in the late 80s/early 90s called “All or Nothing.” Introducing actors Rob Pilatus and Fabrice Morvan, the show follows two best friends from Europe as they form a band called “Milli Vanilli” and try to land a recording contract while navigating the strange land known as Hollywood, California. Along the way, they meet the women of their dreams and frantically try to track to them down because the girls forgot their numbers (even after they advised them “baby don’t“). And they have to convince a producer to give them a second chance after they missed an audition and blamed it on the rain. Girl, you know it’s true!

Maybe then we would have accepted Morvan and Pilatus lip syncing to songs other people sang and recorded. After all, famous actors like Natalie Wood, Audrey Hepburn and Christopher Plummer didn’t actually sing in West Side Story, My Fair Lady and The Sound of Music, respectively. Decades later, Rami Malek would win an Oscar for lip-syncing to Freddie Mercury’s vocals in Bohemian Rhapsody. Additionally, TV shows like The Monkees, The Partridge Family and The Heights often used studio musicians and singers on the recordings that were utilized on the show.

Instead, we got an industry-changing scandal that ruined the lives and careers of the two men who made up Milli Vanilli and helped kill off the popularity of producer-driven R&B/pop dance bands in the 90s.

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Career Killers: The MTV Video Music Awards

The MTV Video Music Awards are this weekend. The only reason why I know that is because I’ve been wanting to write this column and looked up when the awards ceremony would be this year so I could post it beforehand.

That’s the extent of my knowledge of MTV and today’s music scene. I can’t remember the last time I actually tuned in to watch.

It’s easy to understand how someone like me could be so apathetic. MTV hasn’t played videos in years and doesn’t even stand for “Music Television” anymore, it’s fair to ask whether the Video Music Awards have outlived their usefulness.

It’s also a reminder of what the show used to mean. Edgier and hipper than the Grammys, the VMAs used to be mandatory viewing for anyone who liked music. Additionally, so many great, memorable and controversial moments happened on the show that you felt like you missed out if you didn’t experience it as it aired. Madonna writhing around on stage in a wedding dress. Prince giving us “Under the Full Moon” the sequel to Under the Cherry Moon that we didn’t know existed. Eddie Van Halen and David Lee Roth burying the hatchet — in each other. Kanye being Kanye. The list goes on and on.

And, of course, there have been plenty of less-than-stellar moments. Some have even managed to kill off an artist’s or band’s careers. Here are some of the biggest ones:

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Career Killers: “Talk Show” by The Go-Go’s

I’m not the biggest Billy Corgan fan, but there are times where he can be very insightful and thoughtful. For instance, in a 2017 interview with Joe Rogan, Corgan talked about how the original Smashing Pumpkins imploded and why a lot of it stemmed from the fact that he, as the main songwriter, made a lot more money than his bandmates.

According to him, one day, early in the band’s history, some record label folks took Corgan to breakfast and explained to him some of the realities of the music business. “They said: ‘Songwriters in bands make a lot more money, so our suggestion is you should share your songs with your bandmates to keep a democratic stasis.’ I was like ‘Hell no, I’m not giving them my work.'” he said. “Fast forward four years later, I’m making a lot more money than them, and that sews discontent.”

According to Corgan, being the main songwriter had another effect besides the financial — he was now seen as the genius auteur and his bandmates were seen as nothing more than his backup. “We’d get into a room with journalists and they would just talk to me. Then we would get out of the interview and the band members would yell at me for them not being asked questions,” he said. “It’s like an erosion factor. You don’t appreciate it from within, there’s a lot of compression and money and stuff going on, then one day it hollows out. And then it’s too late and you can’t just sit down and have a meeting because the wounds are too deep.”

Perhaps if he had taken a page from R.E.M.’s book, things would have gone better. When R.E.M. first started out, Peter Buck insisted on splitting the songwriting royalties equally. According to Band Together: Internal Dynamics in U2, R.E.M. Radiohead and the Red Hot Chili Peppers, by Mirit Eliraz, Buck didn’t want the band to end up like Creedence Clearwater Revival and others and recognized that this was the best way to ensure no one got the short end of the stick. Plus, in his mind, the band’s songs were just that — even though members composed songs individually, they would work together to improve them and make sure they met the band’s high standards. Other groups have taken a similar approach, including U2 and the Red Hot Chili Peppers (who write songs that arise out of group jam sessions), and Radiohead and Coldplay, where one person dominates the creative process but willingly shares credit to keep the peace.

Instead, the original Pumpkins joined a long list of bands that have split up because of songwriting royalty disputes. CCR famously imploded after the other three members got fed up with John Fogerty writing all of the songs and wanted some of that credit (and publishing money) for themselves. Levon Helm went to his grave believing Robbie Robertson had cheated him and the others in The Band out of songwriting royalties. Jane’s Addiction almost broke up before its debut album was released because of a royalty dispute. Spandau Ballet spent most of the 90s in court after three members of the band claimed they had an agreement with guitarist and main songwriter Gary Kemp to split the royalties, something Kemp, obviously, denied.

And then there’s The Go-Go’s. The band was barely hanging on by a thread by the time of its 1984 album Talk Show. A songwriting dispute proved to be the straw that broke the camel’s back.

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It’s Good To Be Bad

My latest feature examines sleazy, incompetent, and ethically-challenged lawyers in pop culture and how they are shaped by, and affect, public perception of the legal profession. This one was a lot of fun to write and report. I had a blast speaking to some of the creative minds behind Liar Liar, L.A. Law and Presumed Innocent.

Plus, we got some good timing, since the issue went to press the same month that Better Call Saul wrapped up its run on AMC. As such, it was a no-brainer to feature Saul Goodman on the cover and throughout the spread. With quotes like “If you’re committed enough, you can make any story work. I once convinced a woman I was Kevin Costner, and it worked, because I believed it!” and scenes like this one where he effortlessly explains money laundering in a way that could be used in law enforcement training videos, he really is the perfect cover-boy for a story about bad lawyers.

Unless you count this guy. Unfortunately, I wasn’t able to fit my favorite bad lawyer into the story (it wasn’t for lack of trying, though). Maybe next time…

Career Killers: “Twelve Months, Eleven Days” by Gary Barlow

You’d think that being the primary frontman of a boyband would be an excellent platform for solo superstardom. After all, it’s your voice on all those hit singles and your face getting the most screen-time in music videos. Indeed, Jackson Five frontman Michael Jackson and NSYNC co-lead singer Justin Timberlake were able to parlay their group dominance into individual success. If you consider Wham! to be a boy band (I’m not sure, to be honest), then George Michael is another example.

But others weren’t able to find much success outside of their groups. Ralph Tresvant sang lead on most of New Edition’s hit singles, but only managed two hits on his own. That was one better than either Jordan Knight of New Kids on the Block or Nick Lachey of 98 Degrees managed outside of their popular groups. And, of course, we’ve covered NSYNC co-leader J.C. Chasez’s solo debut album, which flopped so badly it ended his bid for stardom before it really began.

Then there’s the curious case of Gary Barlow. The Take That frontman was a fantastic singer who sang lead on almost all of his band’s songs. And whereas most boybands relied on outside songwriters, Barlow wrote or co-wrote nine Top 10 UK hits, including five #1 singles, during the band’s initial run from 1991 to 1996. When he went solo in 1996, the British media immediately anointed him as the next George Michael. Success was not only expected, it was preordained.

As such, that only made what eventually happened all the more shocking. In 2000, barely four years after Take That’s breakup, Barlow suffered the ignominy of being dropped by his label, all but ending his solo career. Worse, he had to watch as bandmate-turned-nemesis Robbie Williams wrote songs attacking him and making fun of his misfortune en route to becoming one of the best-selling artists in the world.

Where did it all go wrong? It started with his second album, Twelve Months, Eleven Days.

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Career Killers: “Take My Breath Away,” by Berlin

With Top Gun: Maverick flying up to the top of the box office charts, I figured it was worth looking at the first movie — specifically, the iconic song that everyone associates with it (besides “You’ve Lost That Lovin’ Feeling,” and “Danger Zone” of course).

As we’ve established, sometimes blockbuster hits can tear a band apart. For instance, a smash album featuring several massive singles wasn’t enough to keep the The Police from succumbing to years of public and private in-fighting. The Verve imploded right after releasing its best and most popular album, 1997’s Urban Hymns. “Mr. Roboto” gave Styx one of its biggest hit singles, but the song (and resulting concept album) tore the band apart to the point that when members reunited years later (sans the guy who wrote the song and most of the album in question), they refused to play it in concert for years.

In a similar vein, “Take My Breath Away” was a smash hit, topping the singles charts in the U.S., U.K., Netherlands, Ireland and Belgium and winning an Academy Award for Best Original Song in 1986 (beating other iconic songs like “Somewhere Out There” and “Glory of Love“). And it led to the breakup of the band credited with recording it: Berlin.

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#Pogbye

In 2016, when Paul Pogba returned to Manchester United in a then-world record deal, they coined the hashtag “#Pogback”to mark the occasion. United, Pogba’s social media team and sponsor Adidas even worked together on a slick promo video featuring UK rapper Stormzy that was designed to get tons of views and likes.

It was a rollout fit for a king — and appropriate, given how important social media has become in the marketing world (to say nothing of how much elite athletes like Pogba have come to rely on it).

It also underscored just big a statement of intent this was from United. That summer, the team also brought in goal machine Zlatan Ibrahimovic, defensive stalwart Eric Bailly, exciting winger Henrikh Mkhitaryan and hired serial winner Jose Mourinho. Together, this quintet helped deliver the League Cup and the Europa League during their first year together. Surely, more trophies, to say nothing of the league title, would be coming, right?

It’s been five trophyless seasons since then, and on Wednesday, United cut ties with one of the last remaining members of that group (Bailly is the only one left, and he could be leaving this summer, too). This time, they went the complete opposite route, releasing a plain old written statement announcing Pogba’s impending departure that was devoid of any hashtags or guest rappers.

In other words, United #Pogbade him farewell without resorting to cheap social media tactics. Maybe an anti-climatic statement was appropriate, given how long his departure had been a fait accompli. Pogba had never really settled back in and he and his late agent, Mino Raiola, had constantly #Pogbatted their eyelashes at other teams, especially Barcelona, Real Madrid, PSG and, most unforgivably, Man City. When Ole Gunnar Solskjær took over, Pogba seemed happy with his expanded role and even expressed interest in re-signing in 2020. However, the board chose not to engage at the time, and when they finally did offer him a new contract, he #Pogbalked. The club’s current situation made his departure a no-#Pogbrainer.

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Joining the 500 Club

Woohoo! Happy to report that Nixon in New York has hit 500 libraries (501, actually) throughout the world! (I took a screenshot for posterity). Some of the highlights:

  • All of three of my alma maters have the book in their libraries (in the interests of full disclosure, I requested it at two of the three schools).
  • I’m in seven out of eight Ivy League schools. (Come on, Dartmouth! What are you waiting for?)
  • I’m in two out of the three “Little Three” schools. (Thanks for nothing, Wesleyan!)
  • Other than the U.S, I’m in libraries in Australia, Austria, Azerbaijan, Bulgaria, Canada, China, Curaçao, Cyprus, Ecuador, Germany, Greece, Iraq, Italy, Jamaica, Kuwait, Lebanon, Malaysia, Namibia, Netherlands, New Zealand, Nigeria, Oman, South Africa, Spain, Turkey, United Arab Emirates and the United Kingdom.
  • I’m in community colleges, theological/biblical seminaries, military academies, historical societies, public and private universities and law schools.
  • I’m in both of Richard Nixon’s alma maters: Whittier College, which is where he went for undergrad, and Duke University, which is where he went for law school.
  • I’m in Elmer Holmes Bobst Library at NYU, which is appropriate, given how important Bobst was for Nixon during his Wilderness Years.

Anyway, it’s nice to see — especially since I was at 125 a couple of months ago. Here’s to the next 500!

Farewell Fletch

“Martin’s the songwriter, Alan [Wilder]’s the good musician, Dave’s the vocalist and I bum around,” Andy Fletcher on his role in the band, taken from the Depeche Mode concert film 101.

“Depeche Mode’s unique division of labor has been long established, with each of the three remaining members having a distinct role: Martin Gore writes the songs, Dave Gahan sings them and Andy Fletcher shows up for photo shoots and cashes the checks,” Gavin Edwards, wrote in Rolling Stone in 2005. 

That wasn’t entirely true.

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To Tell The Truth

Ralf Rangnick’s spell as interim manager was a failure.

His tenure in the Manchester United dugout finally came to an end on Sunday after yet another listless effort — this time, losing at Crystal Palace 1-0 in a stadium where they had never lost a Premier League match. A season that began with so much promise and genuine excitement, had turned into such a nightmare that most people just wanted it to end, consequences be damned. That United managed to back into a Europa League place thanks to West Ham losing summed things up pretty well.

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Winning Time

I was very honored to win the following awards from the American Society of Business Publication Editors (ASBPE):

I was especially proud to see my section (Business of Law) win a National Bronze and Regional Silver award for Best Regular Print Department. I’m very grateful to my colleagues and reporters for helping make that happen.

Plus, we won honorable mention for Magazine of the Year (11 or Fewer Issues). Woohoo!