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Bit Parts

By Stan Soocher
November 01, 2020

Artist's Parents Get Dispute With Manager Sent to Arbitration

The U.S. District Court for the Middle District of Tennessee, Nashville Division, decided that a dispute between personal managers and the country pop artist Tegan Marie should go to arbitration. 5th of July LLC v. Thomas, 3:19-cv-00994. The owners of the affiliated management companies 5th of July (based in Tennessee) and Sweety High (based in California) say they obtained "a major record contract and publishing deal at the age of thirteen" for the artist. They have since sued Tegan Marie and her parents for quantum meruit and unjust enrichment. The plaintiffs claim to have advanced "$3 million in unreimbursed funds from their company" to further the artist's career, but according to the complaint, she fired them in 2019 with three years left in the management term. The plaintiffs argue that an arbitration clause in the management agreement doesn't apply to Tegan Marie's parents because the agreement was with the artist. But Chief District Judge Waverly D. Crenshaw Jr. explained: "Under Tennessee law, it has been held that, even where the arbitration agreements do[] not expressly state that non-signatories may compel arbitration, a non party can compel arbitration if 'the arbitration agreement does not limit arbitrations only to parties to the agreement.'" The chief judge added: "Similarly, under California law, '[t]hird parties may enforce a contract with an arbitration provision … where they are intended third party beneficiaries or are assigned rights under the contract."

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Reasons for Approval of Pro Hac Vice Application in Music Litigation

Attorney Seth Berman, who is based in Lake Success, NY, applied for pro hac vice admission to litigate as plaintiff's counsel in a lawsuit in the U.S. District Court for the Eastern District of California involving sound recording copyrights. Yellowcake Inc. v. Hyphy Music Inc., 1:20-cv-00988. Berman had previously been granted pro hac vice permission to represent Yellowcake in three other pending litigations in the district. Granting the current application, U.S. Magistrate Barbara A. McAuliffe noted: "According to Mr. Berman's show cause response, the current actions in this district involve common issues concerning copyrighted sound recordings for which he has relevant technical and professional experience. Mr. Berman's technical experience includes work as a professional songwriter, music producer, and record label executive. His litigation practice is focused on complex commercial litigation, copyright litigation, transactional copyright law, and transactional entertainment law, mainly concerning music." Magistrate McAuliffe added: "As represented by Mr. Berman, he works closely with local co-counsel, does not exclusively confer with the clients or dictate legal strategies, the majority of papers in these actions are filed by local co-counsel, his law firm has no presence in California and, with the exception of trial, his work is limited to activities conducted outside of California."

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