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EXCLUSIVE: Killers lawsuit attorneys speak
Is The Killers case "based on nothing"?
Joe Bosso and Michael Leonard, Fri 27 Feb 2009, 12:13 pm GMT
As widely reported 20 February, The Killers have filed a counter lawsuit against their former manager, Braden Merrick.
The band filed the suit against Merrick and his company, From The Future, on 20 February in federal court in their hometown of Las Vegas.
The Killers are seeking "multi-million-dollar damages in missed concerts and lost touring revenues, and via the bungling of merchandising and promotional opportunities".
The Killers' counter lawsuit also alleges that Merrick was unresponsive and ineffective as a manager, failing to obtain proper touring visas or coordinate overseas concerts and promotions. It also accuses him of working for the band's label, Island Def Jam (IDJ), as a consultant without their knowledge or consent.
In 2006, Merrick sued The Killers and their current manager, Robert Reynolds, for approximately $16 million each, for allegedly firing him without legal justification. Merrick also claims that they failed to pay him royalties owed to him and that their current manager prevented the band from honouring their contracts with Merrick.
MusicRadar decided to directly ask the attorneys involved about the case.
MusicRadar is taking no sides, but here is what was said – unabridged and unedited.
Readers might need an interest in music management law to fully comprehend the debate. Read, and discuss!
Lawyers speak exclusively to MusicRadar
Howard E King (of King, Holmes, Paterno & Berliner LLP): representing Braden Merrick, former manager of The Killers.
"The California Talent Agencies Act is a rather unique act. This was passed 40, 50 years ago. Basically, it says you cannot procure work for an act unless you're a licensed talent agent. You can guess who got this act passed - it was the William Morris Agency.
"What's happened over the years is we've had all kinds of cases in which stars were able to terminate contracts with personal managers by claiming that the managers booked them a date.
"It's very effective if you want to get out of a contract. Let's say you manage an artist and you take a call from the Jay Leno show and they express an interest in booking your artist - in the eyes of the California Labor Commission, you've already violated the California Talent Agencies Act, because you're not a licensed talent agent. This has been used for years.
"Every artist in the world, if they want to fire their manager, they always bring this act before the Labor Commissioner.
"Last year, the California Supreme Court said, 'Wait a second. You cannot deprive a manager who may have devoted 99% of his efforts to legitimate work from 100% of his income because of one or two or a few minor transgressions.' This takes us to The Killers.
"Back in 2006, Braden Merrick sued The Killers in Nevada, as he was required to do, because they terminated their contract with him and refused to pay him. He had both a management and production contract with the band because he did work on their first album. He had a written contract for four years which would have ended in 2007 for 15% of their gross income. The contract was dated April 8, 2003 and the term of it was for four years.
