The Australian band 5 Seconds Of Summer, also known as 5SOS, had its name involved in a judicial imbroglio this Thursday, December 23th. Owners of hits like “Youngblood”, “Easier” and the classic “She Looks So Perfect”, the members, Luke Hemmings, Calum Hood , Michael Clifford and Ashton Irwin, are being sued for $2 million, by its former management company, YM&U, for an alleged breach of contract.
According to court documents obtained by Billboard, the band would have refused to pay the YM&U commissions owed to them for “multiple profitable deals on behalf of the group“, including a deal with BMG valued at US$10 million, and a commercial agreement with Bravado International Group worth US$1.5 million.
I miss the days when we could live outside our heads pic.twitter.com/Ax6dRwZkCM
— 5 Seconds of Summer (@5SOS) December 21, 2021
All four band members are listed as defendants, as is their current manager, Benjamin Evans (who allegedly encouraged the group in its conduct). Led by attorneys Howard King and Stephen Rothschild, YM&U seeks $2.5 million in damages, as well as an as-yet-undisclosed amount in punitive damages from Evans in particular.
In the documents, which were filed last Friday in California Superior Court, lawyers allege that Evans “acted with fraud, malice or oppression” in helping 5SOS avoid paying YM&U what was owed to them.
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“Evans and other 5SOS consultants believed that by refusing to pay (the YM&U Group) anything for their months of service, 5SOS could pressure them to substantially discount what 5SOS owed“.
5 Seconds Of Summer signed with YM&U for seven months between February and September this year. The company claims that the band severed ties with them just before closing their deal with BMG, with the two parties mutually agreeing that YM&U would be paid 15% of the band’s $5.5 million advance, totaling $825,000.
The documents further say that 5SOS tried to withdraw from the deal by sending YM&U a letter: “The only reason given was the frivolous assertion by the 5SOS lawyer that the timing of the band’s termination somehow gave them the right to refuse to pay for the valuables. services of the former agency”.