High music legislation agency King Holmes Paterno & Soriano is firing again at a authorized malpractice lawsuit filed by the band Elegant, arguing that the group has “falsely and maliciously” sued to get out of paying their hefty authorized payments.
A month after Elegant sued its former attorneys — Howard King, Peter Paterno and Joseph M. Carlone — over allegations of a “sample of self-dealing,” the agency filed a scathing countersuit Monday (Mar. 4). In it, they argue that the band nonetheless owes the agency $100,000 in charges after abruptly ending a decades-long attorney-client relationship.
“Whereas Elegant had the suitable to terminate its legal professionals at any time, it has no proper to sidestep its accountability to pay charges it incurred,” the agency wrote. “But, in an apparent and pathetic try and do precisely that, plaintiffs, presumably on the prodding of reputationally challenged new advisors, have cynically elected to file a trumped-up preemptive malpractice swimsuit falsely and maliciously accusing the legislation agency of conflicts of curiosity they declare brought about them unspecified damages.”
The submitting from King Holmes aimed to rebut a lot of Elegant’s particular allegations, together with the band’s accusation that the agency steered it right into a merchandise deal with out disclosing that the corporate was one other one of many agency’s shoppers — a transfer Elegant claimed value the band hundreds of thousands.
In Monday’s submitting, the agency stated it had disclosed that potential battle of curiosity to the band members and that that they had consented to the association. King Holmes stated it even invited the band members’ private attorneys to be concerned within the negotiations to keep away from any doubt.
“On the request of Elegant and its companions, KHPS helped safe a state-of-the-art merchandising settlement with one of many world’s few most preeminent music merchandisers, which additionally was Elegant’s merchandiser of alternative,” the agency wrote. “That merchandiser paid and continues to pay Elegant larger royalties on a wider vary of merchandise and with different extra favorable phrases than its major competitor provided.”
King Holmes Paterno & Soriano touts an eye-popping record of music trade shoppers, from Dr. Dre to Pharrell Williams to Blink-182 to the Tupac Shakur property. King famously represented Williams and Robin Thicke within the “Blurred Traces” copyright case; Paterno represented Metallica in its authorized battles towards Napster over web piracy.
However in late January, Elegant boldly introduced that it was now not a kind of shoppers by submitting a malpractice lawsuit. In it, the band claimed that the agency had “failed of their moral, fiduciary, and lawyerly obligations to guard the pursuits of their shoppers,” together with by “taking part in each side” on a number of events.
“Behind their façade as music trade energy brokers, KHPS’ primary precedence was not their consumer Elegant’s authorized and enterprise objectives, however quite KHPS’ personal monetary and enterprise pursuits,” the band’s new attorneys wrote. “Regardless of holding themselves out to the general public as extremely skilled within the enterprise aspect of music, … defendants engaged in a sample of self-dealing that was rife with potential and precise, conflicts of curiosity.”
The case was filed by Elegant’s surviving members, Eric Wilson and Bud Gaugh, in addition to by the widow and son of Bradley Nowell, Elegant’s unique lead singer who died of a drug overdose in 1996. The band’s company entities — Elegant Merchandising LLC and Jake And Troy Model LLC — have been additionally named as plaintiffs.
However in Monday’s countersuit, the agency stated it had “diligently and loyally represented Elegant and its enterprise pursuits” for many years, an association from which the band “benefited tremendously.” King Holmes stated it had “efficiently used its music trade information and expertise” to assist the band on a variety of enterprise ventures, from music offers to merchandising to movie tasks: “KHPS’ work empowered Elegant and its companions to protect and capitalize on their most beneficial property, the band’s music and trademark.”
The agency went even additional, suggesting that Elegant had maybe been motivated by “predatory new advisors” to file baseless allegations in court docket.
“A cursory investigation completed in good religion, had plaintiffs or their advisors cared to make the minimal effort wanted to conduct one earlier than pulling the litigation set off, would have demonstrated what plaintiffs and their advisors already knew or ought to have recognized — that nothing may very well be farther from the reality,” the agency wrote.
In technical phrases, Monday’s submitting accused Elegant and its surviving members of breach of contract and different associated violations, saying that they had violated their settlement by failing to pay the agency $108,852 in past-due authorized payments. The case can be litigated alongside the unique allegations filed in January.
An legal professional for Elegant didn’t instantly return a request for remark.
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