Virgin, EMI face Hawthorne Heights poaching suit

LOS ANGELES (Hollywood Reporter) - Chicago independent label Victory Records has sued Virgin Records and its EMI Music parent, claiming they attempted to poach its estranged rock act Hawthorne Heights.

The suit, filed Thursday in Chicago federal court, charges Virgin and EMI with tortious interference with contractual relations. Victory is seeking a minimum of $10 million in compensatory damages and $10 million in punitive damages.

Victory and owner Tony Brummel, in turn, were sued by Hawthorne Heights in August. The band wants to get out of its contract, alleging that the label has shortchanged it and harmed its reputation.

Hawthorne Heights is Victory's biggest act; in March, its second album "If Only You Were Lonely," hit the top five in the national album charts.

Victory's suit alleges that Virgin president Jason Flom and head of business affairs Jason Kempler induced Hawthorne Heights to declare itself free of its contractual obligations to Victory. According to the action, Victory learned September 7 from Flom and EMI executives that the band had signed a contract with EMI and Virgin.

Victory maintains that owing to the October dismissal of certain counts in Hawthorne Heights' suit, the band's contract with the indie, which calls for delivery of two more albums, remains in force.

An EMI spokeswoman said the company had not seen the suit and declined comment on pending litigation, but added, "We're confident there is no basis for a suit."

Reuters/Hollywood Reporter

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