More than a year after Dave Mustaine ended his contract with manager Cory Brennan, the Megadeth frontman has agreed to pay Brennan more than $1.4 million as a settlement. Mustaine still has a pending countersuit against Brennan.
Brennan and his company, 5B Artist Management, sued Mustaine in June of last year, alleging Mustaine “unexpectedly and unceremoniously terminated [5B], stating no reason for the termination,” according to a complaint obtained by Rolling Stone. 5B had managed Megadeth since 2014; the artist managers also oversee the careers of Slipknot, Lamb of God, King Diamond, and other metal heavies.
The complaint speculates that Mustaine wanted his son to manage him. “The letter also wrongly asserted that, from its date forward, [5B] would have no right to collect any commissions in connection with the products released and contracts entered into or substantially negotiated before the termination,” the complaint said.
The management company claimed Mustaine owed them for commissions on 10 tour dates that Megadeth performed, an additional 34 that 5B had worked on before the termination, and for merch. The suit also alleged that part of the sum included $5,336.63 for Kentucky Derby tickets that 5B purchased for Mustaine and his wife.
On Oct. 30, Mustaine agreed to pay $1.4 million to 5B, including Mustaine paying $35,000 to Brennan personally. Megadeth Inc. will also pay 5B $1,365,000, and various companies associated with Mustaine with names like Thrashville and Megadeth Swag will pay $1 to end the suit.
“Dave Mustaine, who has a known history of firing advisors, terminated 5B Artist Management after nine years of their having resurrected his failing career,” attorney Howard King tells Rolling Stone. “Ignoring the success 5B had helped Dave achieve, including a campaign to help him win his first Grammy, the release of two hit albums, and the elevation of his touring from small clubs back to arenas and amphitheaters, Dave simply refused to pay commissions owing and forced 5B to file a lawsuit. While displeased at having to sue an artist, 5B is gratified that Dave has now agreed to have judgment entered against him for $1.4m in commissions he will have to pay.”
Reps for Mustaine and Megadeth did not return Rolling Stone’s requests for comment. A rep for 5B declined to comment.
Last October, Mustaine filed a cross-complaint against 5B alleging breach of contract and fiduciary duty, and negligence among other claims. The filing contends that when Megadeth opened for Slipknot on a tour, 5B refused to move Slipknot’s production back so Megadeth’s drum kit wouldn’t be so close to Mustaine; Mustaine allegedly suffers tinnitus now. The suit also claims that 5B didn’t handle beer sponsorships, a sale of Megadeth’s royalties, and contracts related to the artwork for Megadeth’s most recent album to Mustaine’s satisfaction. “[5B] continued to act to [Megadeth’s] detriment, approving donations from merchandise sales to Covid relief organizations without Mustaine’s knowledge or approval,” reads one complaint.
Perhaps the most curious part of Mustaine’s cross complaint is an allegation that 5B couldn’t get more royalties from Metallica, his band before Megadeth. “In 2017, Mustaine informed [5B] that he intended to pursue his interest in songwriting credit and royalties for songs that he wrote or co-wrote as a member of Metallica, and for which he was owed royalties,” the filing said. “[5B] participated in discussions with Mustaine regarding these credits and royalties and were aware that they were responsible for pursuing this matter to ensure that Mustaine was appropriately credited and compensated for his work, they failed to do so.”
Mustaine and Megadeth are seeking unspecified damages. Their complaint still stands to go to trial.
