This site is a chronology of the litigation between Todd Meagher, Josh Todd of Buckcherry, Andrew Goodfriend and the Agency Group argued before the California Labor Commission (CLC) and its Commissioner William Reich.

This case underscores the need for legal reform of the California Talent Agencies Act, the unbelievable power of the CLC to freeze litigation in civil, federal and bankruptcy courts for an undetermined amount of time, and the abuse of a law intended to help artists.

The determination in this case sets several new precedents all of which expand the powers of the CLC. This blog is a must read for anyone facing the CLC, in business with an artist or representing an artist in the develop or management of their careers.

But, what is most unique about this case, is the unprecedented willing participation of a hired and commissioned talent agent and agency to conspire with, and assist an artist in using the California Talent Agencies Act to free themselves of their contractual obligations, to the detriment of the existing client, in order to secure that clients artist as a new and separate client.

No longer can a manager or business partner feel safe from the wrath of abuse of the Act if they have employed a licensed talent agent and agency to represent them or the artists they represent.

Bottom line: There is no safe harbor as provided by the law when an agent or agency with a financial interest decides to through their client under the bus.

Todd Meagher

In response to Mr. Goodfriend’s conflicting sworn testimony that first accused Todd Meagher of violations of the CTAA, and then his admission under oath that in fact the violations were NOT actually by Todd Meagher, but rather by TODD Entertainment’s record distributor XS Records president Edward Floyd Phillips, Meagher and TODD Entertainment filed a $20 Million dollar lawsuit against Goodfriend and the Agency Group for Fraud, False Representations, and Deceptive Trade Practices.

This is the first case ever where a talent agent accuses a former client of a violation of the California Talent Agencies Act for performances for which they took commissions in an effort to assist another one of their clients in voiding a contract between them and the previous client. This case raises concern and questions about the Act’s safe harbor provision.

Buck McKinney of the Law Office of Buck McKinney, PC in Austin, Texas stated, “I’ve never seen a case where a talent agent has so blatantly led his clients down the primrose path.  Essentially, Andrew Goodfriend lured my clients and others into doing his work for him, charged my clients for the services as if he had performed them, and then turned my clients in to the California Labor Commission for performing unlicensed talent agent’s services.” Reference: http://www.thecmuwebsite.com/tag/buckcherry/

Copy of Lawsuit against Andrew Goodfriend and the Agency Group

Unbelievably, after swearing under oath that Todd Meagher violated the CTAA, Josh Todd and Andrew Goodfriend admit at the CLC hearing that it was NOT Todd Meagher that violated the CTAA but rather Edward Phillips, the President of its licensing partner XS Records. In an effort to keep the Controversy alive, they now claim that Todd Meagher was aware of XS Records violations and that XS Records was “under the umbrella” of TODD Entertainment and acting at the direction of Todd Meagher.

Copy of CLC Hearing Transcript

Copy of the Deposition of Edward Floyd Phillips of XS Records confirming neither he nor his company XS Records “were under the umbrella” of TODD Entertainment of that Todd Meagher ever instructed him to violate the CTAA.

Defenses:

1. The claim is NOT purely defensive as it seeks the same affirmative relief Plaintiff sought in State Court and is therefore barred by the one year statue of limitations.

2. The agreement between the parties is NOT one of a personal services or personal management agreement but rather a corporate governance agreement (a company Operating Agreement) of a limited liability company of which Plaintiff was both a member and employee receiving guaranteed monthly payments and a percentage of all profits.

3. At all relevant times, Defendant claims safe harbor as they worked in conjunction with, and at the request of, their licensed talent agent who was paid commissions for all the performances that Plaintiff now claims were procured by Defendant.

Copy of Defendants’ Reponse

Copy of Defendants’ Amended Response

Josh Todd files the Determination Of Controversy with the CLC four (4) years after filing a claim for affirmative relief in State Court seeking the same relief. Regardless of whether the claim is defensive, or within or outside of the statue of limitations restrictions of the CTAA doesn’t matter because just by filing the claim Josh Todd wins on two fronts: he stops all current litigation against him in State Court (freezing discovery and litigation costs), and he can rest easy knowing the CLC will not hear the case to determine whether or not statue of limitations apply for at least a year. This legal tactic can also work in Federal Bankruptcy Court and also allows the Josh Todd to avoid the California 5 year rule ensuring that claims are brought to trial within a reasonable period of time.

Basically, Josh Todd gets at least a one year stay without the need of a hearing in State Court for just making the CTAA claim. However, most cases in front of the CLC take years to determine and the attorneys who use the CTAA know this. This lengthy stay helps Josh Todd avoid discovery while discovery items that could be damaging to his case are potentially destroyed. Example: bank records. And of course, Josh Todd will later be able to more easily claim that so much time has gone by, he doesn’t remember where, or what, happened to any requested documents.

Bottom line: A claim with the CLC is a no-brainer if you goal is the keep your case out of court and delay discovery. Unfortunately, this encourages frivolous claims and abuse.

Copy of Plaintiffs’ Determination of Controversy

Nearly four years after litigation began between Todd Meagher and Josh Todd, Josh Todd requests to stay all litigation pending the determination if whether Todd Meagher violated the California Talent Agencies Act.

Todd Meagher’s Deposition

Opposition to Josh Todd’s Request to File a Controversy with the CLC

Judicial Notice

After leaving the Agency Group, the responsible agent hired by TODD Entertainment for Josh Todd, Andrew Goodfriend, starts his own agency and signs Josh Todd’s band Buckcherry. TODD Entertainment then adds Mr Goodfriend and his new company to the pending State Court action as additional defendants. Nearly four years after leaving the Agency Group, and facing this litigation as well as the loss of his new company’s top earner Buckcherry, he files an affidavit in support of Josh Todd’s claims that Todd Meagher violated the CTAA.

Copy of Andrew Goodfriend’s Affidavit