WMG Thanked Her for Exposing Harassment Allegations — And Silenced Her

Samantha Maloney’s story begins the place most sexual harassment claims within the music trade finish: with a non-disclosure settlement. It was February 2018 when Maloney signed the doc that will perpetually silence her relating to talking out a couple of sexual harassment incident she allegedly skilled whereas working at Warner Music Group’s flagship file label Warner Information.

Maloney, a former vice chairman of A&R on the label, was let go from the corporate in late September 2017 as a part of an organization restructuring. She signed a separation settlement and was paid severance. A couple of month later, her lawyer wrote to WMG alleging misconduct by executives each at Warner Information and WMG she’d heard about and, in a single case, personally encountered. That ultimate allegation concerned one of many firm’s highest-ranking executives: Maloney alleged that she’d been propositioned by WMG chief govt Stephen Cooper.

The corporate instantly launched an investigation. Three months later, Warner Music Group paid Maloney $240,000 and she or he agreed to by no means publicly communicate concerning the claims. (Maloney declined to touch upon any particular allegations for this text, however mentioned she “help[s] any effort to reveal the coverup of sexual abuse within the music trade.”)

Maloney’s allegations and the steps the corporate took on the conclusion of the investigation, critics of the corporate and the broader leisure trade say, are indicative of a wider sample: Misconduct accusers are silenced with ironclad NDAs, whereas highly effective male executives are protected towards a public airing of allegations towards them. In recent times, advocates and legal professionals who symbolize workers have more and more criticized NDAs within the context of sexual harassment allegations, asserting they preserve claims towards highly effective members of the leisure trade protected against public view.

Maloney’s claims towards Warner begin in February 2017. Warner Music Group’s high executives have been celebrating the largest evening in music on the file firm’s unique Grammy get together on the Staples Heart in Los Angeles. At one level throughout the get together, Cooper was speaking to Maloney and complimented her work. Then, she alleges, he propositioned her for a sexual act with himself and a feminine get together visitor. (A rep for WMG says Cooper “denies the declare that he made an inappropriate comment at a celebration.”)

Later that evening, based on what three sources inform Rolling Stone Maloney advised them after the alleged incident, Maloney approached a Warner Music Group HR govt who was additionally on the get together and advised her about Cooper’s alleged remark. These sources say Maloney advised them in subsequent days and months that she advised the HR rep that their boss had requested her to hitch in a sexual encounter — a remark that will have been a violation of the corporate’s code of conduct and an abuse of energy from a considerably larger rating govt on the firm. In line with these three folks whom Maloney individually confided in after the alleged incident, the HR consultant brushed it off.

“The entire thing feels flawed to me,” Michael Howe — a former vice chairman of A&R at Warner in whom Maloney confided and who was let go by the corporate the identical day as Maloney — tells Rolling Stone. “On the time [of the allegation], she had the highest-grossing and revenue-producing single.” (Maloney labored with a number of bands whereas at Warner, together with Disturbed, the place she handled orchestration on the band’s triple-platinum cowl of Simon and Garfunkel’s “The Sound of Silence.”)

Maloney advised Howe, who now works with the Prince property, concerning the alleged incident inside a month or two after she mentioned it occurred, Howe says. “[Cooper] mentioned, ‘You’re mainly conserving the lights on,’” referencing the Disturbed hit, earlier than propositioning Maloney on the get together, based on Howe’s account of what Maloney advised him. “It was surprising.”

A second Warner govt, who’s now not on the label and requested anonymity saying they worry retaliation, recalled feeling most stunned concerning the human assets exec’s alleged dismissal of Maloney’s declare on the Grammy occasion, relatively than the notion {that a} high-ranking leisure govt may make an inappropriate remark to a feminine subordinate. “I’m not stunned it occurred — which is so unhappy — however stunned nothing was performed about it when she went to them to start with,” she says.

“The entire thing feels flawed to me. On the time [of the allegation], she had the highest-grossing and revenue-producing single.” – former Warner VP Michael Howe

In line with WMG, the corporate’s management was not made conscious of Maloney’s claims till after she had been let go, they usually initiated an unbiased investigation the day after she lodged them with the corporate. Along with investigating Maloney’s sexual harassment declare towards Cooper, the legendary music firm additionally appeared into sexual misconduct allegations towards senior vice chairman Dave Dyer and govt vice chairman Jeff Fenster. The allegations and broader particulars of the investigation, which ended three weeks later in November 2017, have been by no means made public, although Cooper and Dyer stay employed at Warner, whereas Fenster was fired. On the time, WMG expressed its gratitude to Maloney with out naming her, saying in an announcement to Billboard that an unnamed former worker “helped us… bolster our efforts to keep up a protected, respectful, {and professional} setting.”

A couple of 12 months after the alleged incident with Cooper, Warner paid Maloney the $240,000 and signed a settlement settlement. In that settlement, which Rolling Stone has reviewed, Warner denied any wrongful conduct and documented their fee to Maloney by pointing to her participation within the investigation.

Maloney additionally agreed to nondisclosure phrases that will forestall her from discussing the settlement or any alleged harassment at Warner. As specified by the settlement, any breach of the confidentiality phrases by Maloney or the few folks she was licensed to share the settlement settlement’s phrases with would lead to a $60,000 effective. In signing the NDA, Warner was additionally certain to maintain it confidential. But when it didn’t preserve the doc personal, that wouldn’t represent a breach, based on the doc’s phrases.

In an announcement to Rolling Stone, a spokesperson for WMG says that the corporate “takes these issues very severely, and we’re grateful to our former worker for her braveness in elevating considerations in 2017. At the moment, an unbiased third get together performed an intensive investigation of the claims and we took acceptable actions based mostly on the findings, together with the termination of 1 senior label govt and disciplinary measures for one different label govt.

“During the last 4 years, we now have taken actions, together with revising our Code of Conduct, deploying devoted DEI experience, rolling out further coaching applications, and reinforcing clear channels for folks to voice any considerations,” the corporate provides. ”Our firm values a various and inclusive office freed from harassment and discrimination.”

Whereas the information of Fenster’s departure was reported within the music press on the time, Dyer wasn’t named. Fenster is at the moment listed on his Linkedin page as a president at 300 Leisure, which WMG bought in 2021. (A supply near the state of affairs tells Rolling Stone that Fenster had a “first-look cope with 300 that pre-dates Warner’s acquisition” and that “Warner remains to be within the means of that integration and all it entails.”) To this present day, Warner Music Group has not publicly detailed any particular allegations towards Fenster. A rep for WMG confirmed that “Fenster is just not an worker of Warner or 300,” however didn’t remark when requested for clarification on Fenster’s particular allegations. (Fenster didn’t reply to repeated requests for remark.)

Past Maloney’s declare towards Cooper, Warner additionally appeared into an alleged incident flagged by Maloney relating to Dyer, Warner Information’ senior vice chairman of radio promotion. At a dinner the label hosted in 2016 that Maloney had attended alongside a number of different Warner executives, Dyer allegedly touched an artist the label was courting on her leg in a manner that made her uncomfortable.

The musician declined to remark for this story, however her legal professional on the time, who requested to not be named, confirmed the alleged incident to Rolling Stone, recalling the artist telling her about it the identical evening. “I can affirm my shopper was uncomfortable with no matter contact she acquired from Dave Dyer,” the lawyer says.

“Dave threw a grenade on this deal,” Howe, the A&R making an attempt to signal the artist and who was on the dinner as properly, says. Referring to the alleged incident in emails obtained by Rolling Stone despatched shortly after the 2016 dinner, Howe detailed his considerations about Dyer’s alleged habits towards the artist. (By a rep for WMG, Dyer declined to remark.)

“The notion that we now have to watch out which representatives of the corporate are invited to an artist assembly as a result of ‘boys can be boys’ or ‘that’s simply how promo guys are’ is egregious, particularly nowadays,” Howe wrote to his supervisor quickly after the alleged incident. “I’m not assassinating Dave’s character or suggesting that he’s a basically nefarious man, however I can solely deduce that [one high-level Warner exec with oversight over Dyer] is both unconcerned with the institutional message — and resultant injury — such conduct breeds, or that he’s so targeted on his personal job preservation that he’ll let… workers do no matter it needs. Both one is clearly very disconcerting.”

“It’s a boys’ membership, and nobody’s ever had the balls to cease them,” one former Warner govt

Earlier than her position at Warner Information, Maloney garnered a repute as a prolific drummer, taking part in with quite a few high-profile rock bands together with Gap, Mötley Crüe, and Eagles of Loss of life Steel. She joined Warner in 2014, staying there for 3 years till she was let go as half of a bigger restructuring at Warner Information from onerous rock to pop and hip-hop.

In December 2017, the corporate introduced in a workers memo signed by WMG’s chief folks officer Masha Osherova (a distinct HR govt than who Maloney allegedly spoke with on the Grammy get together) that it had taken unspecified disciplinary motion towards unnamed Warner workers. “I’m writing to let you already know {that a} former Warner Bros. Information US worker has come ahead with considerations about inappropriate habits by a number of of our US executives,” Osherova wrote.

The corporate additional famous that Warner anticipated that media protection of the allegations would point out Cooper had been “accused of creating an inappropriate comment at a celebration.” Reviews on the time from Selection and Billboard recognized Fenster and referenced the alleged remark from Cooper with out specifying what he’d allegedly mentioned.

As CEO of WMG — the third-largest file firm on the planet — Cooper stays one of the highly effective males in music, and the highest-ranking govt for the corporate overseeing the musical careers of Cardi B, Lizzo, Dua Lipa, and plenty of others. He’s an everyday fixture close to the highest of Billboard’s annual energy checklist, coming in at Quantity Three in 2022.

Appointed as CEO in 2011, Cooper had no music trade expertise earlier than taking up the position and was higher identified for steering struggling corporations together with Enron, Krispy Kreme, and MGM. Broadly regarded within the broader enterprise world as an knowledgeable at firm restructuring, Forbes as soon as known as him “the king of the turnaround world,” noting that he’d saved a whole bunch of corporations over three many years.

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In an announcement to Billboard on the time, WMG mentioned it was grateful to Maloney (recognized as a “former Warner Bros. Information worker”) for coming ahead to lift her considerations. Within the workers memo, Osherova vowed WMG would proceed to take motion towards enhancing its office and eliminating situations of sexual misconduct. “As you’d count on, we handled these considerations very severely, and appointed an unbiased investigator to conduct a evaluate,” Osherova wrote within the memo. “A few of the accusations have been discovered to be true and, as a consequence, we’re within the means of taking the suitable disciplinary actions towards the related workers.”

In February 2018, two months after Warner despatched the memo to workers, Maloney signed her NDA and, per the settlement, is just not allowed to talk about the incident to anybody however her legal professionals, tax advisors, and husband.

NDAs themselves have change into extra controversial within the #MeToo period. The most important drawback with NDAs, says Katherine Atkinson — a outstanding discrimination legal professional who’s represented victims of sexual misconduct and office harassment throughout leisure — is that they depart points unresolved and permit corporations to perpetuate the established order.

“The music trade is 15 years behind the remainder of the world, and undoubtedly every other trade” – music legal professional Jennifer Justice

“The difficulty with NDAs is that’s the way you get Harvey Weinstein having the ability to perpetrate horrific acts over such a protracted time frame,” Atkinson says. Even NDAs that defend far lesser misconduct are problematic in Atkinson’s view. Referring to “inappropriate feedback — feedback that anyone shouldn’t say within the office that get hidden with an NDA” — Atkinson notes the chance that, if the one who makes the feedback by no means faces any public penalties, they could be emboldened to do extra, even to escalate.

Each Atkinson and Jennifer Justice, one other outstanding leisure legal professional, famous that signing an NDA itself following alleged misconduct isn’t at all times the issue, significantly if a sufferer doesn’t need their story identified to the broader public. However as Justice says, the paperwork usually make it more durable for corporations or accused staff to be held accountable.

“The music trade is 15 years behind the remainder of the world, and undoubtedly every other trade, together with tech and Wall Avenue,” Justice says. “The music trade is run predominantly by white males, and it’s at all times been run by the identical folks, they usually’ve by no means been pressured to reckon with it like each different trade has, so that they get away with it.” With few of the individuals who’ve been outed dealing with severe penalties and a few of them remaining within the trade, a lady who may in any other case come ahead is, Justice says, “petrified” to take action, “as a result of both she has to confess that she’s going to now not be within the music trade — she simply has to take the cash and run — or in the event that they do come out, they’re vilified for it.”

California, the place Maloney signed her NDA, has lately tried to curb the follow of NDAs within the context of sexual harrasment claims being settled and handed laws curbing their use. In 2019, the state handed a legislation proscribing NDAs from masking sexual harassment claims in settlement of lawsuits or administrative actions introduced by workers, although that doesn’t cease NDAs that had beforehand been signed.

Federal lawmakers are additionally pushing again towards the usage of NDAs on this context as properly. Final week, President Joe Biden signed the Ending Forced Arbitration Act into legislation, which in sure contexts will forestall corporations from imposing arbitration agreements for sexual harassment claims.

Advocates are actively making an attempt to push the trade to deal with the problem of sexual assault and harassment within the music enterprise. Dorothy Carvello, a former A&R at Warner Music subsidiary Atlantic Information who left the corporate in 1991, detailed her personal sexual harassment allegations towards a number of outstanding trade leaders that she claimed led to her firing in her 2018 guide Something for a Hit. Pointing to her experiences on the time, Carvello is troubled by what she views because the “institutionalized abuse of girls.” “The boys are rewarded for his or her abusive habits, and the ladies are disregarded like I used to be fired for not sitting on a boss’ lap,” she provides. “The proof of the reward is that these males preserve their jobs whereas the ladies are solid out.”

Carvello, who has pushed for office harassment victims to be launched from their NDAs and hopes to take action by means of shareholder activism at every of the three largest music corporations, can also be launching Face the Music, a basis that she says will supply, amongst different issues, authorized counsel for girls within the music enterprise to come back ahead to securely report sexual harassment claims.

After Maloney advised a 3rd former Warner govt about Cooper’s alleged remark, the chief suggested Maloney to hunt authorized counsel. “She got here to me a pair nights later; she was shocked and didn’t know what to do,” the trade insider, who requested anonymity over worry of retribution, says. Pointing to the character of the broader music trade, he says, “I advised her to get a lawyer, to guard your self, as a result of they’ve obtained the most important bucks. It’s a boys’ membership, and nobody’s ever had the balls to cease them.”