https://www.blabbermouth.net/news/journey-fires-drummer-steve-smith-and-bassist-ross-valory/
Legendary rockers JOURNEY have fired drummer Steven Smith and bassist Ross Valory.
The news of the split was broken in a press release from Los Angeles-based law firm Miller Barondess, LLP, which has filed a lawsuit "to ensure that the band continues on its great success of more than 40 years." According to the lawsuit, Smith and Valory had attempted a "corporate coup d'état" to gain control of one of the band's business entities, Nightmare Productions.
The complaint, filed in California Superior Court, accuses defendants Smith and Valory of sowing discord among the band members by engaging in self-dealing and selfishly putting their interests ahead of the band's. The lawsuit seeks to enjoin a scheme by defendants to possess the rights to the JOURNEY name and be paid without actually performing, and also seeks damages in excess of $10 million. If Smith and Valory had been successful, it would have brought an end to a legendary band that has brought so much joy to millions of people all over the world. Given the circumstances, Schon and Cain "were left with no alternative but to take decisive action for themselves and JOURNEY's fans," the press release states.
JOURNEY, formed in 1973, is one of the most successful rock bands of all time, with ten platinum albums, eighteen Top 40 singles, and over 75 million albums sold worldwide.
Schon, the only remaining founding member, who has played at every performance since the inception of JOURNEY, along with Cain and former lead singer Steve Perry, formed the core of JOURNEY and were responsible for the band's meteoric rise to prominence in the 1980s. Together, they wrote several of the most well-known rock songs in the world — including "Don't Stop Believin", the best-selling digital track from the 20th century, with over seven million copies sold in the United States, and the second most downloaded song of all time.
In 1985, pursuant to a trademark license agreement, Nightmare Productions, Inc., one of the band's corporate entities, provided an exclusive, irrevocable license of the JOURNEY mark to Schon, Cain and Perry. Under the trademark license agreement, the license continues "until the date upon which none of Stephen Perry, Neal Joseph Schon, or Jonathan Cain is actively engaged in a professional music career utilizing the name 'JOURNEY.'"
After Perry left the band in 1997, Schon and Cain continued to perform as JOURNEY.
In 1998, Schon, Cain and Perry entered into a written agreement providing Schon and Cain the sole, exclusive, irrevocable right to control the JOURNEY mark, including the JOURNEY name. They are, therefore, authorized to perform together as JOURNEY, with or without anyone else.
Smith and Valory were members of JOURNEY at various times during the band's history. Collectively, they only have a very few song credits on JOURNEY albums. Nevertheless, they were "compensated generously for many years," the press release claims.
Recently, however, Smith and Valory allegedly attempted to launch an ill-conceived corporate coup d'état to assume control of Nightmare Productions because they incorrectly believe that Nightmare Productions controls the JOURNEY name and mark. "They hoped that, by taking over Nightmare Productions, they can hold the JOURNEY name hostage and set themselves up with a guaranteed income stream after they stop performing," the press release adds. "Smith and Valory began their campaign to take control of Nightmare Productions in December 2019 by conspiring to oust Schon and Cain from control."
As detailed in the complaint, their campaign culminated on February 13, 2020, when Smith and Valory held improper shareholder and board of directors meetings of Nightmare Productions. During those meetings, the defendants and their allies voted to give Smith and Valory control of the board, removing Cain as president and replacing him with Smith, and removing Schon as secretary and replacing him with Valory.
With control of Nightmare Productions, per the complaint, Smith and Valory incorrectly believe they can seize control of the JOURNEY name and force Schon, Cain and Nightmare Productions to provide them with wind-fall payments after their retirement; they want to be paid a share of JOURNEY touring revenue in perpetuity under the guise of a licensing fee while they perform absolutely no work for the band.
The very purpose of Nightmare Productions was to facilitate JOURNEY. Smith and Valory instead used Nightmare Productions "as a tool to destroy the fabric of the band, undermining the very reason for Nightmare Productions' existence," the complaint says.
With their actions, Smith and Valory have destroyed the chemistry, cohesion and rapport necessary for the band to play together. JOURNEY can only tour successfully and succeed creatively if it is united and the band members trust one another. The actions taken by Smith and Valory shattered that trust.
As a result, Schon and Cain removed Smith and Valory from JOURNEY. By letter dated March 3, 2020, Schon and Cain provided notice to Smith and Valory that they are no longer members of JOURNEY; and that Schon and Cain have lost confidence in both of them and are not willing to perform with them again.
With Schon and Cain holding the exclusive license to the JOURNEY mark, including the JOURNEY name, Smith and Valory have absolutely no rights to the JOURNEY mark and cannot perform using the name JOURNEY. But JOURNEY will continue on with Schon, Cain, longtime vocalist Arnel Pineda with a new rhythm section undertaking a sixty-plus-city tour of North America in May. JOURNEY will announce their new bassist and drummer imminently.
Schon and Cain are represented by Skip Miller, Mark A. Barondess and the lawyers at Miller Barondess, LLP in Los Angeles. Per Miller, who is lead counsel: "This is not an action that Neal and Jon wanted to bring against two men that they once considered their brothers, but the devious and truculent behavior of Steve and Ross left them reluctantly with no choice but to act decisively. JOURNEY will continue on with great success by ridding the band of disruptive members and replacing them with top musicians; and most importantly, by keeping its essential members — Schon, Cain and Pineda — fully intact."
Everyone has a plan, till you get punched in the face,
I meant to post this earlier but forgot. Came back and here it is. I am not a fan at all but did find it to be an interesting story.
These guys have been a mess for years.
Last year there was talk that they were kicking Schon out which made no sense as it is his band.
I thought when Santana got the old band back together with Schon and Rolie. I had hoped it could possibly lead to a return to the Original Journey.
I love those first 3 albums before Perry joined.
After Rolie left then it was just too much Perry for my liking.
Oh they definitely had success with Perry. No doubt at all and I always liked them even with him. I just preferred when Rolie and Perry shared tunes.
Yes for awhile the Perry version of the band was huge. As big as the Allman Brothers Band was in 1973 and 74. But they kept it going much longer on top packing coliseums coast to coast for years. 10 Platinum albums too. Some of those may be greatest Hits though. The ABB had 4 but the 4th was a compilation album, A Decade of Hits, released in 1991. The band made nothing but the writers, especially Gregg and Dickey, cashed in big time.
The last song on Where It All Begins is Temptation is a Gun written by Schon, Cain and Allman. Anyone know the details behind that? Back in the 90's the rumor was those Journey boys let Gregg finish it.
[Edited on 3/6/2020 by blackey]
I thought when Santana got the old band back together with Schon and Rolie. I had hoped it could possibly lead to a return to the Original Journey.
I was just hoping for it to lead to more of that line of of Santana, but it didn't. Even on the DVD they released Neal got his own special intro since he is such a huge star in his mind.
Perry hasn't done an actual concert in 2 decades, so I'm guessing he doesn't have the voice for it anymore.
Schon wants the band to himself and call all of the shots, which he has done for years now. Apparently Perry sided with Smith and Valory which could be interesting when/if it goes to court.
I love those first 3 albums before Perry joined.]
Of A Lifetime. Yeah.
To be honest I could care less if this band existed anymore.
Some interesting developments in Journey over the last few years. Steve Smith rejoining in 2016 after long time drummer Dean Castronovo (talented drummer & singer) was arrested was very surprising. Smith initially was staying on for 2 year but made it semi-permanent.
The Santana IV reunion also added rumors that Journey and Santana IV lineup would tour together and then you figured Rollie may get involved with both bands. No Santana IV tour ever happened.
Then there was a riff in the band back in late 2017 between Schon and Cain. Cain's wife was one of Trumps allies in work she does in courting the religious right. Cain, Valory and singer Pineda posted a picture in the Oval Office on a tour and Schon was pissed. He always felt the band was non-political and didn't like that it appeared Journey was now being partisan.
Schon then reunited with Castrono and Gregg Rollie to tour as "Journey Through Time" in 2018 and early 2019, playing stuff from their first three albums up through the early 80s. I have to say it was damn good. Castronovo may have been the best Perry replacement the band ever had in the band. Have a listen:
There were rumors at that time that the Journey lineup might change to add Rollie, but that didn't happen. Journey booked big tours with Def Leppard and others and has been back to their lucratice touring with the Escape lineup (minus Perry).
Smith and Vallory were ousted from the band previously in 1984 and they toured with Perry/Schon/Cain and backup musicians (Randy Jackson of American Idol Fame on bass). I guess that is when the Perry/Schon/Cain ownership was finalized. Vallory is an original so not sure how he lost his ownership at that point.
This one seems out of left field and there has to be another side to the story.
What sucked about "Journey Through Time" was that Schon posted a picture on his facebook page early 2019 saying they would do a big tour that summer. They only played 4 shows in Feb and no tour happened. Bummer for me as Neal Schon is on of my favorite guitar players outside of the extended Allman Family.
Just read more details.
Schon & Cain had paid off (and continue to pay) Perry since 1998 to own the band name and corp entities.
The Board in December voted to add Valory, Smith and their founding manager Herbie Herbert to the Board.
The Board a couple of weeks later then voted to put Smith and Valory in the two leadership positions (basically Herbert, Smith and Valory outvoting Schon & Cain.
Schon & Cain then sued to undue that action and get a judge to agree they could be fired from the band. Their suit indicates the ownership of the name is separate from the Board/Corporation that Valory & Smith now lead.
Ross Valory Countersues Bandmates as Journey Split Widens
https://ultimateclassicrock.com/ross-valory-journey-lawsuit/
Ross Valory has countersued Journey bandmates Neal Schon and Jonathan Cain, charging them with breach of contract and emotional distress. He's seeking "past and future compensatory damages," while also asking a judge to decide who has the right to move forward under the band name.
Valory's cross complaint, filed on April 6 in California's Contra Costa County Superior Court, refutes "outrageous" claims from an earlier lawsuit in which Schon and Cain accused Valory and Journey drummer Steve Smith of attempting a "coup" to take over the band.
"Ross is shocked and devastated by the conduct of his lifelong bandmates," attorney Andrew Spielberger told Business Wire, "and is disappointed that there was never any attempt to sit down and discuss what is most likely a misunderstanding and something that easily could have been worked out."
Valory has appeared on every Journey album, save for 1986's Raised on Radio. He co-wrote more than a dozen Journey songs, including '70s-era radio favorites "Anytime" and "Just the Same Way," while taking over lead vocals on "Gone Crazy" from 2005's Generations.
This new 75-page legal action consistently disputes the idea that Valory and Smith were trying to assume control of Nightmare Productions Inc., the corporate entity that controls the band's name and trademark, calling the whole thing a "deceptive, misleading and false premise." Instead, Valory said the board was trying to protect the Journey brand after Schon made an effort to obtain a similar mark for his Journey Through Time offshoot group.
"There is undisputed evidence that [Schon] was the one member of Journey who actively engaged in conduct of applying for the mark that injured the value of the Journey mark owned by Nightmare Productions Inc.," Valory's lawsuit alleges.
Attached legal documents include Nightmare Productions' official dispute before the U.S. Trademark Office's trial and appeal board, which argues that Journey Through Time is "substantially and confusingly similar" to Journey's original mark. The board argued against approval because it would "cause consumer confusion, mistake and/or deceit."
That trademark document is dated March 3, the very same day as Schon and Cain's original legal action. Their lawsuit arrived with news that Valory and Smith had both been fired, an action the bassist also disputes.
Valory said he remains a member of the board of Nightmare Productions, despite what he deems a "reckless disregard for the truth." His rights are "not terminated merely because [Schon and Cain] improperly claim that they have fired [Valory] from playing bass in the band Journey," the cross complaint argues. Valory said he was "merely participating in a legitimate vote to change the number of directors of Nightmare Productions Inc."
Schon and Cain's suit alleged that the band's bassist and drummer were attempting to shift the board's power base in order to rubber stamp a plan for Valory and Smith to retire from the road but still be paid. Valory said other members of the board – including founding Journey manager Herbie Herbert and longtime ex-singer Steve Perry – were unlikely to agree with any such scheme.
"There is no reason for [Herbert and Perry] to vote to give Ross Valory and Steve Smith a guaranteed income stream from Journey after [Valory and Smith] stop performing," the lawsuit notes. Instead, Valory claimed Schon is using his initial suit "as a diversion away from his own wrongful conduct."
There's a huge pile of cash in between the warring parties. Valory's complaint reports that revenue projections for Journey's already-announced 2020 tour were placed at some $50 million – and Valory said Schon and Cain's attempt at firing him was meant to allow them to claim his share. The suit makes clear that Valory doesn't believe current singer Arnel Pineda was "in on the money grab."
Journey currently "split the revenues from tours or corporate performances on a 1/5 basis to each performer," the cross complaint reports, whereas "Schon and Cain could split the excised portions 50/50" with the band's rhythm section out of the picture.
"Ross feels horrible about this whole unnecessary ordeal," Spielberger added. "But he is a fighter and he has hired able counsel to defend and fight for his rights. I expect he will be vindicated and justice will prevail."
Everyone has a plan, till you get punched in the face,
There's a huge pile of cash in between the warring parties. Valory's complaint reports that revenue projections for Journey's already-announced 2020 tour were placed at some $50 million – and Valory said Schon and Cain's attempt at firing him was meant to allow them to claim his share.
Which may have been true in early March. But the already announced 2020 tour is now more likely a money-loser in a post- C-19 world (unless able to get out of it on a break-even basis).
Journey currently "split the revenues from tours or corporate performances on a 1/5 basis to each performer," the cross complaint reports, whereas "Schon and Cain could split the excised portions 50/50" with the band's rhythm section out of the picture.
I find this somewhat surprising, if it's not mis-written. I would think that perhaps the 4 primary/long-time performers with equity in the corporate entities may split the profits equally. But I would have thought that Arnel Pineda and any other new/add-on/replacement touring musicians/singers would be salaried or paid flat fees as independent contractors. Steve Perry and Herbie Mann also seem to get some cut of the pie as well.
I find the 'business' of rock & roll to be rather interesting. Even if none of my bi'ness.
There's a huge pile of cash in between the warring parties. Valory's complaint reports that revenue projections for Journey's already-announced 2020 tour were placed at some $50 million – and Valory said Schon and Cain's attempt at firing him was meant to allow them to claim his share.
Which may have been true in early March. But the already announced 2020 tour is now more likely a money-loser in a post- C-19 world (unless able to get out of it on a break-even basis).
Journey currently "split the revenues from tours or corporate performances on a 1/5 basis to each performer," the cross complaint reports, whereas "Schon and Cain could split the excised portions 50/50" with the band's rhythm section out of the picture.
I find this somewhat surprising, if it's not mis-written. I would think that perhaps the 4 primary/long-time performers with equity in the corporate entities may split the profits equally. But I would have thought that Arnel Pineda and any other new/add-on/replacement touring musicians/singers would be salaried or paid flat fees as independent contractors. Steve Perry and Herbie Mann also seem to get some cut of the pie as well.
I find the 'business' of rock & roll to be rather interesting. Even if none of my bi'ness.
I'm with you on the "music business" being of great interest....I also find it hard to believe the 1/5 split mentioned as it would seem VERY generous to give the newest vocalist a full share of the profits from touring. Or maybe that's in fact 1/5 share of performance income only and doesn't include publishing, or label money, royalties or merchandising...etc..
In other words, Pineda is in a sense salaried and that salary encompasses 1/5 of net performance revenue and no other revenue.....Interesting how such things work and can vary from band to band.
I read about a year ago those two were unhappy and wanted a split closer to Schon's take. I thought then they better be careful. We saw what happened to Don Felder in the Eagles when he wanted parity with Frey and Henley. Don was whacked off at the knees and was out.
Any fans of The Curse of Oak Island here? In the lead up to tonight's season finale, they aired a "Top 10 things you never saw" on the show. #10 was Ross Valory inviting Rick and Marty to a concert then Ross goes to Oak Island for a tour. He's an Oak Island superfan.
So now it all makes sense. Perhaps Ross wanted to be a part of the team and fund more digs at The Money Pit, so he needed more money, and that's why he tried to put himself on the board of directors to get more of the Journey fortune to send up to Oak Island. Could it be?
