(CelebrityAccess MediaWire) — Veteran New Jersey concert promoter John Scher won his court battle against media giant Clear Channel Entertainment this week, that allows him to get back into the promoting business after a four-year absence.
CCE asked the district judge to extend the four-year noncompetition agreement Scher made in 2001 with a predecessor of Clear Channel, claiming Scher violated the terms of the contract. That agreement, which was subsequently upheld in a previous ruling in 2003, prohibited the South Orange, NJ, resident from engaging in promotional activities until March 15 of this year.
Clear Channel argued that the restrictions against Scher should continue, because Scher violated the original agreement by actively promoting concerts during that time. The judge refused to rule on that point, because, as he wrote, it cannot be determined without a full hearing.
“I feel vindicated,” Scher told the Star-Ledger, after hearing that all restrictions on his promotion activities had been lifted, allowing him to compete against Clear Channel.
Throughout the duration of the restriction contract, Scher continued to work in the industry through his Metropolitan Talent Management firm and the Hybrid Recordings record label.
The majority of the lawsuit remains, which will continue despite this ruling. Clear Channel continues to charge that Scher violated the noncompete agreement because of his work with Metropolitan Talent Presents, which has put on shows at venues in the region. Scher says that company is solely owned by Al Cafaro, a former A&M Records executive and his partner in Metropolitan Talent Management and Hybrid.
Clear Channel spokeswoman Susan Elmore told the Star-Ledger, “The court ruled our agreement with John Scher was valid and that damages for Scher’s violations, if they have occurred, should be determined at trial…We welcome fair and equitable competition but we also believe that people should honor what they agree to do.” –by CelebrityAccess Staff Writers