All That’s Left Sues Oli Herbert’s Widow for Alleged Stoppage of Royalty Payments

All that’s left has filed a lawsuit against Elizabeth Herbert, widow of the late All That Remains guitarist Oli Herbertaccording to Blabbermouthwho was given a copy of the trial.

All That Remains, the long-running Massachusetts-based metalcore band led by vocalist Phil Labonte, has said that Elizabeth blocked royalty payments to the group. They also said she made overly broad ownership claims for some of their songs.

It is the latest development within ongoing money disputes between All That Remains and Elizabeth, who has followed Oli’s death. The 44-year-old guitarist was found drowned to death in a pond near the couple’s home in Stafford Springs, Connecticut, in October 2018. But the way to drown was back “indefinite“, and the police treated the death as “suspicious.”

Last week (Jan. 6), All That Remains filed the lawsuit against Elizabeth in the United States District Court for the District of Connecticut. It claims that Elizabeth “has made various claims” against All That Remains members “including alleging that [they] stole from her and used her late husband’s footage without permission, contempt [them] on social media, threatened to report the band to various federal, state and local authorities, claimed the band had committed crimes, threatened to sue the band in multiple jurisdictions, and falsely claimed she had sued the band.”

It all apparently goes back to an August 2021 Facebook post made by Elizabeth, in which she claimed she was “co-owner of the band’s ‘entire catalog’.” She also claimed ownership of some of the band’s songwriting shares, which has subsequently thrown a wrench in royalty payments to the band, according to Blabbermouth.

The lawsuit alleges that “Herbert publicly posted about her desire to file a claim against Concord Music” — All That Remains’ publisher — “and crowdsourced suggestions as to “which government agency” to complain to about “the record label” [that] holds $$S owing the estate.'”

As such, Concord has had to withhold some royalty payments from All That Remains until the dispute is resolved. To complicate matters, All That Remains claims that Elizabeth is now refusing to sign a letter of instruction to Concord to clear up the matter.

From Blabbermouth:

Due to ALL THAT’S LEFT disagreements with Elizabeth Herbert and the Oli Herbert estate, Concord Music initially notified the plaintiffs that they refused to pay the band any royalties until the dispute is resolved, according to the lawsuit. “Concord Music ultimately agreed, as an accommodation, to pay royalties payable for the period ending December 31, 2021 to the band, provided the band agreed to keep Oli’s percentage share of such money in escrow. In in early October 2022 received another royalty statement from Concord Music for the half-yearly accounting period ending June 30, 2022, but initially did not receive payment of any royalties despite such a statement reflecting that payment was due royalties,” the lawsuit continues. “After some discussion, Concord Music again agreed, as an accommodation, to pay the royalties due for the period ending June 30, 2022 to the band, provided the band agreed to keep Oli’s percentage of such monies in escrow. However, regardless of these ‘accommodations,’ Concord Music has informed the plaintiffs’ representatives that Concord will not release additional royalties (including the anticipated royalties payable to the band for the period ending December 31, 2022) due to the band’s members – not just Oli’s share of such royalties – until Concord Music receives a letter of direction signed by the estate and the band as to payment instructions for Oli’s share of the recordings and compositions.”

Labonte, Martin and Costa go on to say that they “have held, and continue to hold, Oli’s share of the band’s royalties for the periods ending December 31, 2021 and June 30, 2022 in escrow and are ready, able and willing to pay such money to the estate.In view of the circumstances and to give the estate greater assurance that it would be paid timely and accurately, plaintiffs have sought to arrange for defendants to receive direct payment of Oli’s royalties from Concord Music in instead of having the money flow through the band’s accounts and having the band’s account to the estate In order to effect direct payment of Oli’s royalties to the estate, and as is customary in the music industry, on or about May 24, 2022, the band asked Ms. Herbert to to execute a letter of instruction to Concord Music, effective April 25, 2022, identifying Ms. Herbert and/or the estate as the new payee for Oli’s share of the band’s record and music royalties publishing fees from Recordings and Compos respectively Ms. Herbert refused to sign the proposed letter of instruction.” Elizabeth Herbert advised Labonte, Martin, and Costa that “she would not sign the proposed revised letter of instruction and stated that she ‘cannot in good faith sign anything presented to me without a judge oversees process,'” the lawsuit alleges. “Ms. Herbert also published a post on Facebook on October 14 confirming that she had emailed the band’s lawyer ‘asking him never to contact me again or ask for my signature on any document’ and stating that she would ‘NEVER sign something’.”

According to Hartford Courant, some of the suspicion surrounding Herbert’s death arose because the musician’s will was notarized at a car dealership a week before he was found dead. Last year Elizabeth told Daily mail“I certainly did not kill my husband.”

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