ABKCO Music & Records, Inc. v. Chimeron LLC

Loeb & Loeb LLP achieved a significant appellate victory on behalf of client Chimeron LLC, the entity formed by the members of the 1960s British-invasion band Herman's Hermits to administer the band’s artist royalties, when the U.S. Court of Appeals for the Second Circuit affirmed a district court’s judgment in favor Chimeron, finding the band’s record label, ABKCO Music & Records Inc., liable for breach of contract and damages from unpaid royalties. ABKCO initiated the lawsuit against Chimeron in 2010, seeking declaration that it was not indebted to Chimeron under a series of recording and distribution agreements entered into in the 1960s by the Hermits and certain record producers. Chimeron counterclaimed, seeking damages for unpaid royalty fees. In February 2012, following a seven-day trial in the U.S. District Court for the Southern District of New York, the jury rendered a verdict in favor of Chimeron, and the district court entered judgment for Loeb’s client together with statutory interest amounting to approximately $500,000. In a summary order issued on February 21, 2013, the Second Circuit affirmed the district court’s judgment in its entirety.