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Johnny Cash Museum Case Includes Attorney Conflict of Interest Issue
It's often said that beauty is in the eye of the beholder. But how does "eye of the beholder" apply to law clients for determining whether an attorney is representing more than one party to a negotiation? And how would attorney/client privilege work in such a situation? These issues have been raised in litigation involving sponsorship agreements for the Johnny Cash Museum in Nashville.
The back story: In January 2012, following discussions between the Wisconsin-based non-profit RDN Heritage — formed by Robert Nueske, who owned a meat products company — and Nashville businessman Bill Miller, manager of Second Avenue Museum LLC founded to operate a Johnny Cash Museum with the approval of the Cash estate, Miller sent Nueske a draft of a museum sponsorship agreement. Nueske forwarded the agreement draft to his Green Bay, WI-based, attorney Bert Liebmann for review. Liebmann in turn sent Miller a revised draft that, with some additional negotiations, resulted in a signed sponsorship agreement between Second Avenue and RDN.
Contract terms included RDN obligating to provide $50,000 to start the Johnny Cash Museum and to pay the rental fees for five years for the museum's location in downtown Nashville. In exchange, RDN received featured sponsorship branding rights for "Nueske Meats" and step-down income percentages from the museum's gross revenues, starting with 15% from the first $600,000 in annual gross income.
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