Monster sues Beats and co-founders Dr. Dre and Jimmy Iovine for fraud

Lawsuit claims the company was cut out of making the popular headphones

• By Josh Lowensohn
 

Not that long ago, Monster made the headphones for Beats. How it got cut out of that process is now the center of a lawsuit against Beats and its co-founders that was filed in Northern California this week. The complaint, which was spotted by USA Today,alleges that Beats co-founders Dr. Dre and Jimmy Iovine concealed business dealings and slowly cut out Monster and its CEO Noel Lee's involvement on its way to selling to Apple in a $3 billion deal made last year.

BEATS WILL "SQUEEZE" A TRUSTING PARTNER OUT OF THE EQUATION

The complaint goes on to say that the company has a "pattern and practice" to "lure entrepreneurs, musicians, and electronic product developers with promises of growing a business as partners," then quickly turn around and "squeeze the trusting partner out of the equation." That's only after they've plucked things like intellectual property, as well as production and supply secrets, the complaint adds.

In this case, Monster and company say that very thing happened when Beats inked its deal to provide some of the sound technology in products with HTC. Monster says it was in the dark about the deal, despite assurances that Lee would be able to refuse new investments as a stakeholder. A month later, Beats ended up killing the deal with Monster, with Iovine saying that HTC was buying a large chunk of interest in the company.

As if that weren't enough, Monster goes on to say that Beats began attacking it in backroom dealings, or what it calls "Monster-bashing." This occurred during the annual Consumer Electronics Show in 2012 and 2013, the complaint says, eventually leading to Beats representatives threatening to yank products if they had to share the same shelf space:

Beats told Monster's distributors and retailers to drop Monster headphones as a product line, forcing them to choose between Beats and Monster. These sales representatives and dealers were the same distributors and retailers that Monster had introduced to Beats. A senior Beats executive announced: "We are going to take Monster down!"

Beats declined to comment.

This isn't the first suit against Beats by a disgruntled business partner who says they were squeezed out. Steven Lamar was a hedge fund manager before switching gears to work on early Beats headphone models. He sued the company last year over alleged discrepancies with the royalties he was paid for designs he worked on during Beats' early days. Lamar had plans to launch his own headphone line last year, which were marred by a retaliatory lawsuit from Beats over Lamar's references to himself as one of Beats' co-founders on his marketing materials.

In this case, Monster's Lee argues his specific expertise was something near and dear: cables. "As a company, Monster started when Lee recognized that not all audio cables sound the same," it says. "Lee formed Monster to bring better audio cables to the market, improving the sounds of all speakers, recording consoles, and video systems."

The lawsuit shouldn't come as too much of a surprise based on previously-released reports of animosity. That includes details in a 2013 Gizmodo story which outlined the messy breakup between the two companies following the HTC deal. Much of that narrative is about who actually designed the technologies, and what they were promised.

Knoe - All Lights

Macclaim- Macclaim

Sony executive slams Kevin Hart in leaked email

Actor Kevin Hart at the Special Screening of Screen Gems THE WEDDING RINGER at Texas A+M on November 23, 2014 in College Station, Texas. (Photo by Rick Kern/Getty Images for Screen Gems) 

Nick Vadala, Philly.com 

Since hackers nabbed a purported 11,000 gigabytes of data from Sony Pictures last month, leaked communications connecting back to stars like Seth Rogen and Angelina Jolie have surfaced, and they largely haven't been flattering. Now, North Philly's Kevin Hart, fresh off a trip back to his homeland yesterday, has been referenced in the leaks, with one Sony executive calling the comedian a "whore."
The leaked email exchange between Sony Pictures co-chair Amy Pascal, studio executive Clint Culpepper, and Sony Entertainment CEO Michael Lynton comes from early March and shows the trio discussing Hart's involvement in social media promotion of The Wedding Ringer. Apparently, the studio hoped that Hart would tweet a few times about the film, a task for which Hart wanted more money than the $3 million he earned for making the movie itself.
Exec Clint Culpepper didn't take kindly to that, unleashing a tirade in one email that concluded with an insult aimed squarely at the comedian:

As I suspected, I got a call from Jeremy Zimmer today informing me that they feel that if we're going to expect and take advantage of Kevin's social media savvy that "they" feel there is a price to be paid for it which is above and beyond the 3M he was paid to do the film. Jeremy was very clear that Kevin would do the normal publicity asked of him like junket, tv shows, radio interview, etc. however, the social media blitzkrieg would cost us. I told him I was in a big meeting but would call him back. I'm tempted to suggest we call his bluff. If his film does NOT perform it hurts his brand and we have his next 3 films. I'm not saying he's a whore, but he's a whore. Let's discuss in Tuesday's MPG mtg?

To clarify, that's Culpepper taking none-too-kindly to Hart's expectation of additional compensation in exchange for tweeting, instagramming, and giving interviews about his own movie. For the exec, that's bit like buying a new car with an additional, separate charge for its engine:

It's not as if we paid him 3M and 4M respectively for his last 2 films thinking he might be nominated. We paid for his ability to open a film which included his social media savvy. I feel like this is something that should be negotiated going into the film as opposed to after the fact. It feels tantamount to buying a car and then upon picking it up being told that the engine will cost extra. I'm tempted to suggest we call his bluff. If he doesn't do his normal routine, his film will not open as well and his brand will appear diminished and he will- in fact - be f------ himself because we have his next 2 immediate films. And then there's the social media precedent we're setting...especially in light of the fact that Channing is at the same agency. 

Channing or no, that precedent appears to be set: If you want Kevin Hart to tweet, you pay Kevin Hart to tweet. If nothing else, at least the two weeks he spent at the Community College of Philadelphia appear to have taught him well. 

Read more at http://www.philly.com/philly/blogs/trending/Sony-executive-slams-Kevin-Hart-in-leaked-email-.html#HzlfG38s5Y3HXIP5.99

EXCLUSIVE: Big Boi, Nas, & Jimmy Fallon To Join The Zulu Nation

by Yohance Kyles (@HUEYmixwitRILEY)

The Universal Zulu Nation has added more high-profile members. After Q-Tip announced
that Cash Money’s Lil Wayne joined the Zulus, the A Tribe Called Quest member has now
revealed that Big Boi of OutKast is part of the Zulu Nation as well.

[ALSO READ: Q-Tip Welcomes Lil Wayne To The Zulu Nation] Zulu Nation’s Minister Of Information Quadeer “M.C. Spice” Shakur has also told AllHipHop.com that two other entertainers will become part of the international Hip Hop awareness organization.

According to Shakur, veteran emcee Nas is now a Zulu. The Queens representative’s affiliation
with the Zulu Nation follows other legendary Hip Hop performers Afrika Bambaataa (founder)
, A Tribe Called Quest, Public Enemy, KRS-One, and Rakim.
Shakur has also started a new chapter called “The Honorary Zulu” for those individuals who have exemplified the organization’s principles through music, media, literature, community, and politics.
He discloses that Jimmy Fallon will be included as an honorary member.
Fallon became the host of NBC’s The Tonight Show earlier this year. Hip Hop group The Roots
serve as the official house band for the program, and numerous rap stars like Rick Ross, Nas, Q-Tip, Wiz Khalifa, T.I., Public Enemy, and Dej Loaf have appeared on Fallon.

Cleveland Officer Who Shot 12-Year-Old Boy Was Emotionally Unstable

by Tanay Hudson (@NYStateOfMind2)

The officer that killed 12-year-old Tamir Rice in Cleveland, OH on Nov. 23rd has been revealed to be

 emotionally unstable and unfit for duty.

In documents obtained by Buzzfeed, Independence Deputy Chief Jim Polak revealed that officer 

Timothy Loehmann was forced to resign or be fired from the force in 2012 because he was”distracted and weepy” during most of the time on the force and could not “follow simple directions, could not communicate clear thoughts nor recollections, and his handgun performance was dismal.”


Field Training Officer Sgt. Tinnirello said that Loehmann felt that his behavior was a result of a bad break

 up with his on-and-off again girlfriend. He reportedly had an emotional breakdown one day while 

working with Tinnirello and made comments like “I should have gone to NY,” “maybe I should quit,

” “I have no friends,” “I only hang out with 73 yr old priests” and “I have cried every day for 4 months

 about this girl.” This was one of three incidents where Tinnirello says he was concerned about

 Loehmann’s behavior.


[ALSO READ: Surveillance Of 12-Year-Old Boy Being Shot By An Officer Released]


Loehmann was a patrolman for less than a year before he joined the Cleveland Police Department in 

2014. Upon joining the Cleveland force, he told them that he resigned from Independence for personal

 reasons. There was no review of Loehmann’s file because there is no “written policy mandating a

 review of an applicant’s previous employer personnel file.” This rule will now be changed.


“While our policy does not require obtaining a personnel file prior to employment, the Cleveland Division

 of Police has amended our policies to request a personnel file from previous employers,” a Cleveland

 police spokesperson said.


Loehmann shot and killed Rice after a man called 911 and said that he saw someone waving a gun that

 was most likely fake. Rice was playing with an “airsoft” replica toy gun that shoots pellets.

Kenny Smith responds to Barkley's controversial Ferguson comments

NBA Hall of Famer and current NBA analyst Charles Barkley's controversial comments on a Philadelphia-area talk show last week continued to stoke the fiery debate surrounding the lack of indictment of Officer Darren Wilson in the shooting of 18-year-old Michael Brown in Ferguson, Missouri. 

On Wednesday, Barkley's fellow NBA commenter Kenny Smith wrote his "Inside the NBA" coworker an open letter, posted on For the Win, in direct response to Barkley's radio comments, particularly the ones where he called looters "scumbags." 

Smith agreed with Barkley in taking care not to condemn all law enforcement: "Let's not discredit that there are great police officers in all neighborhoods, but let's not credit that we shouldn't have doubt."

"I respect that you have an opinion on Ferguson and here's mine," Smith wrote. "The question must be asked: Why is there so much distrust in the police and the legal system from the African American community? ... Dec 1st still marks only 59 years since Rosa Parks sat on that memorable bus. Many of our parents and grandparents have lived through those times ... . Those civil rights changes were at one time the law! 

"So did the protection of the law by the courts and police make it right? Obviously not ... . Some laws were initially made without us as equals in mind, that's just the facts. So the thought process that it's not for us or by us will unfortunately lead to distrust."

The NBA analyst then went on to say how he was "disheartened" by the looters, but that they did not deserve to be called "scumbags": 

"If you put 100 people on an island with no food, no water, no hope of a ship coming, some will overcome it and be resourceful, some will live in it, others will panic and others will show horrific character, which is wrong. But not to understand that all alternatives are possible is wrong as well.

"I was also disheartened to see the reaction of burning buildings and looters by some. However, when you are in 'The Struggle' to not expect that that potential reaction is foolish on our part.

"The real issue is learning to positively put your anger in anger management so you can be heard. It's not that they are 'scumbags,' their emotions won't allow them to rationally think through their anger. I applaud that you have done a great job in your anger management in recent times but not always."

Smith concluded that the Michael Brown case was not so much about race as it was a lack of trust: "Do I trust you to help me off the island? ... Do I trust that you will you send a ship or allow me access to build my own ship?" 

The entire letter:

Dear Chuck,

I hope this finds you in the way I always see you, in great spirits, with great joy and full of life. There are some things I want to openly say to you that sometimes in conversation get lost.

Firstly I lied!  You ARE the greatest Power Forward of all time. It’s not (Tim) Duncan or (Karl) Malone, they had size and height that you weren’t blessed with and you never had near the talent around you that they were blessed to have. Contrarily you took your teams to similar heights. Secondly, you are a champion in my book. Effort and determination is what makes a champion, not a ring.

Lastly, you are the most entertaining person in sports television (partly because I throw you so many assists lol).

However, what I consistently find interesting is how writers and media members view your insights in politics, and now race relations, with the same reverence as your insights in sports.

They did it in the Trayvon Martin trial and now with Mike Brown and the decision in Ferguson. It’s not that you shouldn’t ever have an opinion, but you are often quoted alongside the likes of Al Sharpton and even President Obama. I would hope that Sharpton or President Obama would never be referenced with you when picking the next NBA Champs!

The body of work that our Black Civil Rights leaders put in by planning, executing and activating does not justify you being in the conversation. While your body of work on the court very few compare to nor should be mentioned when you are giving your expert analysis. Again, I respect that you have an opinion on Ferguson. And here’s mine.

The question must be asked: Why is there so much distrust in the police and the legal system from the African American community? Without manifesting what the effects of slavery still have today, Dec 1st still marks only 59 years since Rosa Parks sat on that memorable bus. Many of our parents and grandparents have lived through those times and have passed those stories on to all of us. Those civil rights changes were at one time the law! They were not illegal.

So did the protection of the law by the courts and police make it right? Obviously not, so as African Americans we still know and feel that there are laws and jurisdictions that severely penalize the poor and, most importantly, African Americans greater than any other group. Some laws were initially made without us as equals in mind; that’s just the facts. So the thought process that it’s not for us or by us will unfortunately lead to distrust.

When someone is in “the struggle”, which many of our black communities are in, they are living with a lack of educational facilities, high unemployment and poor recreational facilities. The masses involved in “the struggle” will react in several ways. They can overcome it, challenge it, live in it, or fall victim to it … For those of us who are decades removed from “the struggle” because of our life through sports or business, we now have to acknowledge that every option listed exists. If not, then we are the ignorant ones.

That leads me to the looters and civilians burning buildings which you referred to as “scumbags”.  Here’s an analogy: If you put 100 people on an island with no food, no water, no hope of a ship coming, then some will overcome it and be resourceful, some will live in it, others will panic and others will show horrific character, which is wrong. But not to understand that all alternatives are possible is wrong as well.

I was also disheartened to see the reaction of burning buildings and looters by some. However, when you are in “The Struggle” to not expect that that potential reaction is foolish on our part.

The real issue is learning to positively manage your anger so you can be heard.  It’s not that they are “scumbags”, their emotions won’t allow them to rationally think through their anger. I applaud that you have done a great job in your anger management in recent times … but not always.

Mike Brown wasn’t about race relations, nor Trayvon Martin or even Hurricane Katrina for that matter. It’s about trust. Do I trust you to help me off the island? If so, do you have my best interests at heart? Do I trust that you will you send a ship or allow me access to build my own ship?

And you were right Chuck, let’s not discredit that there are great police officers in all neighborhoods, but let’s not credit that we shouldn’t have doubt.

See you Thursday night!

Kenny Smith