Suits and Litigation (Civil)

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      in Music

      2 Players Sue Philharmonic, Saying They Were Wrongfully Suspended

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      Matthew Muckey and Liang Wang said they were sidelined without cause by the New York Philharmonic after a recent magazine article detailed allegations of misconduct against them.Two New York Philharmonic players sued the orchestra on Wednesday, saying they had been wrongfully suspended after a recent magazine article revived allegations of misconduct against them.The players, Matthew Muckey and Liang Wang, filed separate lawsuits in Federal District Court in Manhattan. The men claimed that the Philharmonic had removed them without cause and in violation of an arbitrator’s ruling, which had ordered the orchestra to reinstate them in 2020 after an earlier attempt to fire them. The players also sued their union, Local 802 of the American Federation of Musicians, accusing the organization of failing to provide them fair representation.The Philharmonic, which recently said it would commission an outside investigation into the orchestra’s culture in response to the uproar over the article, said that it could not comment on active litigation. Local 802 declined to comment.The lawsuits came after a report last month in New York magazine detailed accusations of misconduct made in 2010 against Mr. Muckey, the associate principal trumpet, and Mr. Wang, the principal oboist. After the story’s publication the Philharmonic moved quickly to remove Mr. Muckey and Mr. Wang from rehearsals and performances and suspend the players with pay for an indefinite period.In the article Cara Kizer, a former Philharmonic horn player, came forward for the first time to publicly discuss an encounter that she said occurred while she was on tour with the Philharmonic in Vail, Colo., in 2010. She told the Vail Police Department at the time that she had been sexually assaulted after spending the evening with the two players and was given a drink she came to believe was drugged, according to police records. No charges were filed against the men, and both have denied wrongdoing. In 2018 the Philharmonic, under new leadership, commissioned an investigation and moved to dismiss Mr. Muckey and Mr. Wang. But the players’ union challenged their dismissals, and an independent arbitrator forced the orchestra to reinstate them in 2020.Mr. Muckey’s lawsuit accused the Philharmonic of backtracking on that agreement. The suit said that the orchestra had “violated an indisputably final and binding award which has determined that Mr. Muckey could not be removed based upon such allegations and specifically ordered his reinstatement with back pay and seniority.”Mr. Wang accused the Philharmonic of suspending him “without cause or explanation, and in clear violation of the terms of his employment, which expressly require that he be given opportunities to perform and excel as a musician.” His suit claims that a lawyer for the Philharmonic said in 2019 that the ensemble had not accused Mr. Wang of misconduct related to the incident in Colorado.Both men claimed that Local 802, which fought for their reinstatement in 2018, had failed to respond to their requests for assistance in contesting their new suspensions. The union has struck a different tone on the case since the publication of the article. Sara Cutler, Local 802’s new president and executive director, said last month that the decision to keep Mr. Wang and Mr. Muckey offstage “are good first steps, but they can’t be the last.” She also said that she was “horrified” by the accusations, “as a woman, a musician and a new union president.”Mr. Wang’s suit accused Ms. Cutler of making “duplicitous and injurious statements.” Mr. Muckey’s suit said that Local 802 had “failed and refused to perform its duty of fair representation.” Mr. Muckey and Mr. Wang, who are seeking an unspecified amount in damages, said that the Philharmonic’s decision to suspend them had harmed their careers. Mr. Muckey lost engagements with the Chamber Music Society of Lincoln Center and other ensembles. Mr. Wang was placed on leave from the Manhattan School of Music, where he teaches, and he lost work with the Taipei Music Academy and Festival and other groups. More

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      in Television

      Schneider Sues ‘Quiet on Set’ Producers for Defamation

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      In the suit, lawyers for the former Nickelodeon producer called the documentary a “hit job” that had falsely painted him as a “child sexual abuser.”The television producer Dan Schneider filed a defamation lawsuit on Wednesday against the creators of the documentary series “Quiet on Set,” which aired accounts of sexual abuse and other inappropriate behavior on sets at Nickelodeon, where Schneider was once a star creator of content.The five-episode series, “Quiet on Set: The Dark Side of Kids TV,” included interviews from former employees who denounced Schneider as a boss and objected to sexualized humor in his shows, leading him to release a video in March in which he apologized for some of his behavior on the job, such as soliciting massages on set from staff members.But the show also focused on Nickelodeon employees who had been convicted of child sex crimes — including Brian Peck, a dialogue coach for Nickelodeon, who was sentenced to prison for sexually abusing the “Drake & Josh” star Jared Drake Bell.Schneider’s lawsuit accuses the documentary of improperly conflating him with those who had been convicted of abusing children and took issue with segments of the series that his lawyers said “falsely and repeatedly state or imply that Schneider is a child sexual abuser.”“Schneider will be the first to admit that some of what they said is true,” the lawsuit, filed in Los Angeles Superior Court, said of the filmmakers. “At times, he was blind to the pain that some of his behavior caused certain colleagues, subordinates and cast members. He will regret and atone for this behavior the rest of his life. But one thing he is not — and the one thing that will forever mar his reputation and career both past and present — is a child sexual abuser.”Schneider declined to be interviewed for the series, instead issuing a statement that was included in the documentary, in which he denied various accusations leveled against him and said that “everything that happened on the shows I ran was carefully scrutinized by dozens of involved adults.”The listed defendants in the case include Warner Bros. Discovery, which owns Max, where the series was streamed; Maxine Productions and Sony Pictures Television, which produced it; and Mary Robertson and Emma Schwartz, who directed the series. None of the parties immediately responded to a request for comment.Calling the series a “hit job,” the lawsuit said that in several instances viewers were led to inaccurately infer that he was a child sexual abuser, including in the trailer, in which a series of photos and video clips of Schneider are followed by the advertisement of a “true crime event.”“The harm to Schneider’s reputation, career, and business, to say nothing of his own overwhelming emotional distress, cannot be understated,” said the lawsuit, which seeks an unspecified amount of damages.The lawsuit said that Schneider’s legal representatives had sent a letter demanding that the series “not include any statements that allege or imply that Schneider engaged in any criminal or sexual misconduct,” and that the defendants’ lawyer responded that there were no “statements” that defamed him.Starting in the 1990s, Schneider created, scripted and produced a string of hits for Nickelodeon including “All That,” “The Amanda Show,” “Drake & Josh” and “Zoey 101.”But in the spring of 2018, Schneider and Nickelodeon suddenly issued a joint statement announcing their separation. Almost overnight, he largely disappeared from public view.In 2021, The New York Times reported that before that announcement, ViacomCBS, the parent company of Nickelodeon, had investigated Schneider and found that many people he worked with viewed him as verbally abusive. The company’s review found no evidence of sexual misconduct by Schneider.The recent documentary series included information about how Schneider and Nickelodeon parted ways, and reported that the investigation into his conduct “did not find any evidence of inappropriate sexual behavior” or “inappropriate relationships with children.”The series was a ratings hit and stirred up conversations about the appropriateness of some of the material on children’s television. Critics said the shows contained barely veiled sexual innuendo, and Schneider, in his apology video, said he would be willing to cut out parts of the show that were upsetting to people, years after they first aired. At the same time, though, he suggested that the criticism came from adults looking at jokes written for children “through their lens.” More

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      in Music

      Britney Spears and Her Father Settle Legal Dispute Over Conservatorship

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      Terms were not disclosed. The parties had been arguing over the payment of legal fees and James P. Spears’s financial oversight as his daughter’s conservator.More than two years after a judge ended the conservatorship that had given James P. Spears control of his pop star daughter’s life, Britney Spears and her father have settled their outstanding legal dispute over the payment of his legal fees and his management of her finances.The terms of the settlement were not disclosed in court filings made by both parties in Los Angeles Superior Court on Thursday. But the two sides had been at odds over the size of Mr. Spears’s legal fees and questions about his oversight of her money as conservator.Ms. Spears’s 13-year-long conservatorship, which began in 2008 after a series of public breakdowns, was terminated in 2021. Her father, who served as one of her conservators for its duration, had been seeking court approval for more than $2 million in fees to multiple law firms he had hired in that capacity. He had also sought payment of his current lawyer’s ongoing legal bill.Ms. Spears’s lawyer, Mathew S. Rosengart, had objected to the fees.Mr. Rosengart argued that, in particular, his client should not have to pay her father’s current legal bills, asserting in court papers that Mr. Spears had paid himself $6 million, improperly surveilled his daughter and engaged in financial misconduct during his tenure.Mr. Spears has denied any wrongdoing. He held control over both Ms. Spears’s financial and personal affairs until September 2019, when he resigned as her personal conservator citing health issues, and was replaced by Jodi Montgomery, a professional in the field. A lawyer, Andrew M. Wallet, served as a co-conservator of her estate until he resigned in 2019.Alex M. Weingarten, a lawyer for Mr. Spears, said he could not discuss the terms of the settlement because they are confidential but he agreed that the parties had resolved all outstanding issues. One of the filings stated that his client “is fully and finally discharged as Former Conservator of the Estate.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      A Man Hailed as Cindy Birdsong’s Rescuer Is Accused of Exploiting Her

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      The son of the former Supreme says in court papers that the man who sought to help his mother after she became incapacitated also took advantage of her financially.Just last year, Brad Herman, a longtime behind-the-scenes aide to celebrities, drew praise from the family of Cindy Birdsong, an ailing former member of the Supremes. He was credited with helping to rescue her from what they described as a friend’s undue influence over her care and finances.But now, Mr. Herman has been named in a petition brought by Ms. Birdsong’s son, who is accusing him in court papers of financial elder abuse and misappropriation of her money.The son, Charles Hewlett, who has been appointed the conservator of his mother’s affairs, is seeking damages and the return of what his petition describes as missing funds.The allegations follow months of court proceedings over who should control a conservatorship overseeing the finances and medical decisions of Ms. Birdsong, 84, who was once part of a Motown group that became music royalty.Today, Ms. Birdsong is not able to communicate and is on a feeding tube after a series of strokes. She has lived at nursing facilities and hospitals since 2021 and a judge ultimately put Mr. Hewlett in charge of her affairs late last year.“Mr. Herman used his position of trust and confidence to take advantage of Ms. Birdsong’s dependency and exercised care, custody and control over Ms. Birdsong’s property,” argues the petition filed in Los Angeles Superior Court this month by Susan Geffen, a lawyer for Mr. Hewlett.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      in Music

      Sean Combs Sold Share of Tequila Brand for $200 Million

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      Mr. Combs, who was accused of sexual assault in several lawsuits, made the sale as he ended his long-term partnership with the liquor giant Diageo. He has denied wrongdoing.Sean Combs, the music mogul whose business empire has been upended by recent lawsuits accusing him of sexual assault and a federal investigation, sold his half of the tequila brand DeLeón for about $200 million this year, according to a public report for investors.Mr. Combs, who has vehemently denied allegations of sexual assault and sex trafficking, came to prominence as a hip-hop impresario but amassed much of his wealth from other businesses, including through work with the liquor giant Diageo. Their partnership, which was thrown into turmoil last year before the sexual assault lawsuits, is now over.Diageo disclosed in a recent financial statement that it had agreed on Jan. 16 to buy the 50 percent stake in the DeLeón tequila brand from Mr. Combs’s company, Combs Wine and Spirits, “for a total consideration of approximately $200 million.”Mr. Combs’s work with Diageo began more than 15 years ago when he began promoting its vodka brand Ciroc. He purchased DeLeón in a joint venture with the company about a decade ago, leveraging his celebrity to promote the tequila brand on social media, in interviews and as a prop in music videos.According to a court filing in June by a Diageo executive, Mr. Combs — who has also been known throughout his career as Puff Daddy or Diddy — amassed nearly a billion dollars from his relationship with the company.But the mogul’s partnership with the liquor giant began to fray, spilling into public last year. Combs Wine and Spirits sued Diageo and accused it of typecasting Ciroc and DeLeón as “Black brands” that should be targeted only to “‘urban’ customers,” limiting potential growth.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      in Music

      Lizzo Says She Is Not Leaving Music Industry After ‘I Quit’ Post

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      Lizzo clarified that she was not quitting music after writing on Instagram last week that she was “starting to feel like the world doesn’t want me in it.”Lizzo, the Grammy Award-winning singer, clarified on Tuesday that she was not quitting the music industry, days after her social media post saying “I QUIT” led some fans to speculate that she was ending her music career.In a video posted on social media, Lizzo said she was not leaving the music business and instead was quitting “giving any negative energy attention.”“What I’m not going to quit is the joy of my life, which is making music, which is connecting to people, cause I know I’m not alone,” she said in the video. “In no way shape or form am I the only person who is experiencing that negative voice that seems to be louder than the positive.”She continued: “If I can just give one person the inspiration or motivation to stand up for themselves, and say they quit letting negative people win, negative comments win, then I’ve done even more than I could’ve hoped for.”Speculation that Lizzo was leaving the industry arose after she posted a message on Instagram on March 30 that ended with the words: “I QUIT.”“I’m getting tired of putting up with being dragged by everyone in my life and on the internet,” she wrote in the initial post. “All I want is to make music and make people happy and help the world be a little better than how I found it. But I’m starting to feel like the world doesn’t want me in it.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Ye Is Sued for Hostile Work Environment at Donda Academy and Yeezy

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      A former employee sued the rapper formerly known as Kanye West, claiming a hostile work environment at Yeezy, his fashion brand, and Donda Academy, his private school.Ye, the rapper formerly known as Kanye West, was sued Tuesday by a former employee who accused him of discrimination and creating a hostile work environment by calling Adolf Hitler “great,” disparaging Jews and saying that “gay people are not true Christians.”The lawsuit was filed in Los Angeles Superior Court by Trevor Phillips, who says he was hired in November 2022, around the time a series of antisemitic remarks publicly made by Ye lost the artist his major-label record deal and put his businesses in jeopardy.Phillips was initially hired to oversee “projects related to growing cotton” and other plants in an effort to make Yeezy, Ye’s fashion brand, “self-sustainable,” the lawsuit said, and then went on to work for Donda Academy, Ye’s private school in Southern California.Phillips’s lawsuit claims that Ye made antisemitic comments in front of staff members at Donda Academy, including, “the Jews are out to get me” and “the Jews are stealing all my money.” After Adidas ended its decade-long partnership with Ye over his public remarks, the lawsuit claimed, the rapper told Phillips: “The Jews are working with Adidas to freeze up my money to try and make me broke!”The lawsuit claims that Ye treated Black employees at Donda Academy, including Phillips, “considerably worse than white employees.”Representatives for Ye and Donda Academy did not immediately respond to requests for comment on the lawsuit.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Why Is Sean Combs the Subject of a Homeland Security Investigation?

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      The department has a division that often directs inquiries into sex trafficking allegations, like those cited in recent lawsuits against Mr. Combs.The raids of Sean Combs’s homes in Los Angeles and the Miami area this week raised a barrage of questions about the nature of the inquiry, which a federal official said was at least in part a human trafficking investigation.The government has said little about the basis for the search warrants, but the raids came after five civil lawsuits were filed against Mr. Combs in recent months that accused him of violating sex trafficking laws. In four of the suits women accused him of rape, and in one a man accused him of unwanted sexual contact. Mr. Combs, a hip-hop impresario known as Puff Daddy and Diddy who has been a high-profile figure in the music industry since the 1990s, has vehemently denied all of the allegations, calling them “sickening.” Officials have not publicly named him as a target of any prosecution.As the civil suits against Mr. Combs illustrate, the term human or sex trafficking has a broader meaning in the law than perhaps the more popularly understood image of organized crime and forced prostitution rings.“Traditionally you think of trafficking as a pimp who has a stable of victims and then is trafficking them in the traditional sense of the word, for money,” said Jim Cole, a former supervisory special agent with Homeland Security Investigations who oversaw human trafficking cases, “but there are lots of forms of trafficking.”The breadth of trafficking investigations has grown with the recent uptick in sexual abuse claims and the use of the internet by traffickers. Homeland Security Investigations often leads such criminal investigations, although the department is most commonly associated with immigration and transnational issues.In the current inquiry, federal investigators in New York have been interviewing potential witnesses about sexual misconduct allegations against Mr. Combs for several months, according to a person familiar with the interviews. Some of the questions involved the solicitation and transportation of prostitutes, as well as any payments or promises associated with sex acts, the person said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More