Browsing Tag

contracts

(Legal) Career Killers: The Lovin’ Spoonful, Buffalo Springfield and Pot Busts.

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.

It might be hard for anyone who grew up at any point prior to the 2010s to wrap their heads around just how little many police departments, prosecutors, and governments care about marijuana now. As of this writing, cannabis is fully legal in 20 states and the District of Columbia and legal for medical use in 25 more (subject to some restrictions in some states pertaining to dosage or types of products).

That’s a far cry from when marijuana was widely considered a gateway drug to hardcore narcotics, like cocaine, heroin or LSD. “Leading medical researchers are coming to the conclusion that marijuana, pot, grass, whatever you want to call it, is probably the most dangerous drug in the United States,” said Ronald Reagan during his 1980 Presidential campaign. “And we haven’t begun to find out all of the ill-effects, but they are permanent ill-effects.”

During the tumultuous 1960s, marijuana was a staple of the counterculture — especially when it came to the music scene. Of course, that drew the attention of the 5-0, and as two major bands from that era found out, Johnny Law isn’t one that you want to mess with.

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(Legal) Career Killers: George Michael v. Sony

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.

When the Rock & Roll Hall of Fame announced this week that George Michael had been named as a finalist for the 2023 class, my reaction was: “Wait, he hasn’t been inducted yet? What gives?”

After all, when I was growing up, he was one of the biggest pop stars in the world. He was also a highly respected artist who was a fantastic singer, a charismatic performer and an excellent songwriter. The Hall was built for people like him.

But then I remembered: He wasn’t a big star for very long. In fact, he disappeared at the height of his career, and when he came back, he seemed well past his prime. It all started with his decision to sue his record label.

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(Legal) Career Killers: Geffen Records v. Don Henley

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.

Nothing can kill an artist’s career quite like a lawsuit.

After all, litigation not only taxes a party’s resources while putting them under an undue amount of mental and physical stress, it can also take time. Lots and lots of time.

And if an artist or band tries to take on their record label, time can be a real killer. After all, most labels simply put an artist on ice once the lawsuit is filed, essentially freezing their careers by refusing to release their recordings or promote them. Since most contracts have an exclusivity clause, artists often have limited-to-nonexistent options when it comes to recording on other labels or guesting on other people’s songs.

Simply put, for many musicians, time is a luxury they don’t have. All acts have a shelf life, and as Clive Davis once pointed out, if they aren’t in the public eye, they risk being forgotten about.

As such, artists end up losing years of their career that they’ll most likely never get back. For instance, George Michael was one of the biggest stars in the world when he sued Sony to try and get out of his record deal. The lawsuit dragged on for nearly two years and Michael’s career never quite recovered. Same for Prince when he challenged Warner Bros.

Same for Don Henley when he took on Geffen Records. Luckily, he had other things to fall back on…

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(Legal) Career Killers: Michelle Branch and her Warner Bros. Contract

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.

When Michelle Branch was arrested in August for assaulting her husband, Patrick Carney of the Black Keys, it raised so many questions:

“Wait, she married the drummer from the Black Keys? When did that happen?”

“And he allegedly cheated on her? One of the hottest and biggest stars of the early 00s and someone who’s music is still widely beloved by people of a certain age?”

“Speaking of which, what happened to her anyway? Where did she go for 15 years?”

Well, the answers are yes (they got together shortly after Carney produced Branch’s 2017 comeback album, Hopeless Romantic), that’s what she said on Twitter (although she later deleted her Tweet and suspended divorce proceedings), and it’s complicated.

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The Reluctant Pop Star

“There is no such thing as a reluctant star. Stars are almost always people that want to make up for their own weaknesses by being loved by the public and I’m no exception to that.” — George Michael, 1987.

But there is such a thing as a reluctant pop star. George Michael was no different from the many singer-songwriters desperate for critical acclaim and credibility. What made him unique was that he was willing to throw away his chance at being the biggest pop star and sex symbol in the world because he believed that his songs were good enough to sell themselves.

And in most cases, he was right.

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Not So Mandatory After All?

This was originally going to run in the October issue of The American Lawyer, but it got killed for reasons unknown. I liked the story, though, and thought it would have been a good one, so I figured I’d post it here:

When the U.S. Supreme Court decided AT&T Mobility v. Concepcion in April, upholding a mandatory arbitration and class action waiver clause in a consumer agreement, plaintiff’s lawyers and commentators reacted as if they had lost a loved one. The New York Times accused the Concepcion majority of barring Americans from enforcing their rights in court while Jeremy Heisler, a founding partner of Sanford Wittels & Heisler, called the decision “extreme” and feared the decision would have a chilling effect on employees reporting abuses.

But a funny thing happened on the way to mandatory arbitration land, where the results are secret, the rules of evidence and discovery are relaxed, and the costs are usually much lower than in litigation. Judges in both employment and consumer class actions have been refusing to follow Concepcion, often distinguishing their own cases on factual differences. In some cases, they’ve even attributed a broad consumer-friendly undertone to Concepcion.

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