Top Defense Results: Stewart et al. v. Goldstein et al.

In a battle over the songwriting royalties for funk rock musician Sylvester Stewart, more commonly known as "Sly Stone," a Los Angeles County jury in September dismissed all claims against performing rights organization Broadcast Music Inc.

Broadcast Music entered into various agreements with Stewart to collect his royalty payments for the public playing of such iconic 1960s and 1970s songs as "Dance to the Music" and "Everyday People."

An issue arose between the company and Stewart's former manager, the late Ken Roberts, when Roberts filed breach of contract claims against Broadcast Music for issuing royalties to another manager.

Stewart, according to Roberts, had assigned Roberts his rights to the Broadcast Music royalties. A lawsuit pursued by Roberts' successor, Virginia Pope, sought payment and interest from the company.

Broadcast Music, however, held that it didn't have a specific agreement with Roberts and was only obligated to issue the money to whomever Stewart assigned.

The "best thing we did in the case" was to sever Broadcast Music's claims from numerous complaints by parties seeking Stewart's royalties that did not involve the company, said lead counsel Linda Dakin-Grimm, a partner with Milbank, Tweed, Hadley & McCloy LLP.

The attorneys then succeeded in excluding Roberts' deposition testimony, which was taken before the company was involved in the mix of complaints, from trial.

"If we had been in trial with the other defendants who had been able to cross examine him, it would be very hard for a jury to understand against whom what pieces of evidence could be taken," Dakin-Grimm said.

During trial, Dakin-Grimm also made it a point to introduce younger jurors to Stewart through music clips, Ed Sullivan interviews, video depositions and even a "fortuitous" appearance by the music legend at the end of the trial, she said.

The jury ruled in favor of Broadcast Music, finding that Roberts and the company had never entered into an agreement. Stewart et al. v. Goldstein et al., BC 430809 (Los Angeles County Super. Ct., filed Jan. 28, 2010)

Plaintiff's attorney Jay Spillane said in an email that he is "confident that the Court of Appeal will reverse the jury's verdict and direct a new trial."

- Kylie Reynolds