"Unexpectedly and unceremoniously terminated": Dave Mustaine must pay his ex manager over £1 million
But Megadeth man counter sues in bitter legal battle
Dave Mustaine will soon be out of pocket to the tune of over £1 million after it emerged that the Megadeth leader must pay his former manager in a new legal settlement.
According to a report in Rolling Stone, Mustaine must pay Cory Brennan and his management company 5B $1.4 million (£1.2 million) after Mustaine “unexpectedly and unceremoniously terminated (their contract), stating no reason for the termination.”
Brennan and 5B complained that Mustaine had wanted his own son to manage the band and that he did not pay them for several commissions on over 40 tour dates and merchandise. “The letter also wrongly asserted that, from its date forward, (5B) would have no right to collect any commissions in connection with the products released and contracts entered into or substantially negotiated before the termination,” the complaint said.
Howard King, an attorney for 5B wasted no opportunity to stick the knife in, telling Rolling Stone: “Dave Mustaine, who has a known history of firing advisors, terminated 5B Artist Management after nine years of their having resurrected his failing career.”
“Ignoring the success 5B 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 amphitheatres, Dave simply refused to pay commissions owing and forced 5B to file a lawsuit. While displeased at having to sue an artist, 5B is gratified that Dave has now agreed to have judgment entered against him for $1.4m in commissions he will have to pay.”
The guitarist though has already taken out a countersuit against 5B which includes allegations of breach of contract, fiduciary duty and negligence. Amongst the more bizarre parts of his complaint is his allegation that when Megadeth opened for Slipknot on tour, 5B (who also manage Slipknot) declined to move Slipknot’s production so Megadeth’s drum kit wouldn’t be so close to Mustaine, who now claims that he suffers tinnitus now as a result.
According to Mustaine 5B “continued to act to (Megadeth’s) detriment, approving donations from merchandise sales to Covid relief organisations without Mustaine’s knowledge or approval,” and that 5B reportedly failed to gain Mustaine’s royalties from Metallica, whom he performed with before forming Megadeth in 1983.
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As ever, the big winners in all this legal to-ing and fro-ing will be the lawyers themselves. But for the moment, the big loser – financially, at least - is Mustaine.
Will Simpson is a freelance music expert whose work has appeared in Classic Rock, Classic Pop, Guitarist and Total Guitar magazine. He is the author of 'Freedom Through Football: Inside Britain's Most Intrepid Sports Club' and his second book 'An American Cricket Odyssey' is due out in 2025