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CONFIDENTIAL

Sep. 3, 1994

Breach of Contract
Fiduciary Duty
Royalties Withheld

Confidential

Settlement –  $10,000

Judge

Florence-Marie Cooper

Court

L.A. Superior Central


Attorneys

Plaintiff

Neville L. Johnson
(Johnson & Johnson LLP)


Defendant

Howard Horowitz

Evan Seth Cohen

Yakub Hazzard


Facts

Plaintiff is the daughter of a famous and deceased musician and an heir to his estate. Plaintiff's father died in 1973. He performed with Defendant musical group for 9 months in 1969 and performed one of their albums. There were no written contracts. The Defendants released a boxed set in 1992 through Defendant marketer, featuring tracks from the subject album and other recordings from sessions which had not previously been released. Neither Plaintiff's father nor Plaintiff received any royalties in connection with the subject album or boxed set.

Settlement Discussions

Plaintiff contends there were no prior settlement discussions.

Damages

Past accrued royalties; plus future sales of subject products.

Result

Agreement to pay accrued royalties and royalties on future sales of the product; the settlement with the second Defendant included reversion of the masters to Plaintiff after a period of 10 years.


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