Attorney
Warren Fitgerald speaks about Destinys Child case on Wise-up
African-American
media has always played an important role in both informing and educating our community.
Recently, when a settlement was reached between Mathew Knowles and two former members of
Destinys Child, Wise-Up, a Black-owned and operated television show, got an
exclusive interview with one of the lawyers on the case. During an interview that aired on
August 7, 2002 attorney Warren Fitzgerald, Jr. sat down to discuss the case with the host
of the Wise-Up television show. Below is a transcript of that interview:
Earlier this week a settlement was reached in the lawsuit filed by the two former members
of the multi-platinum singing group Destinys Child, against the groups manager
Mathew Knowles, father of lead singer Beyonce Knowles. Here to give us some insight into
this case is prominent entertainment attorney, partner in the prestigious Law Firm
Fitzgerald & Ray, and attorney for the Destinys Child former members, Warren M.
Fitzgerald, Jr.
Q. Which of the former members are involved and what are the
specifics of the suit?
A. I represent LaToya Luckett and Latavia Roberson who were two of the original members of
the group who came to be known as Destinys Child. Destinys Child started at a
very early age and at that time they where all minors. They signed a series of management
agreements with, at that time, Mathew Knowles and his erstwhile partner Ann Tillman, and
then later with Mathew Knowles. That was the origination of what came to be the central
issue of the lawsuit. In December of 1999, LaToya and Latavia disaffirmed their management
agreement and then subsequently found themselves no longer in the group.
Q. For our viewers, can you go over a little about the disaffirming process? What exactly
does that entail on their part?
A. In almost every State (including Texas) the law is such that a minor can disaffirm or
invalidate or void any contract that they sign while they are minors, or upon reaching the
legal age or shortly thereafter. This is set up as a protection for minors who may enter
into contracts that are not in their best interest, and the law allows them, upon getting
better advice or upon reach adulthood, to be able to undo those contracts. And this is
precisely what happened in the case of LaToya Luckett and Latavia Roberson. After turning
18 they sent notice to Mr. Knowles, Mathew Knowles, that they where disaffirming their
management agreements which under the law they had every right to do.
Q. What was the nature of the settlement was there some admission of guilt on the part of
Mr. Knowles or the group?
A. No, there was no admission of guilt by Mr. Knowles or any of his management entities or
companies. Nor should any inference of an admission be drawn from a settlement. That is
the nature of settlements. That parties agree to whatever terms are relevant to the
settlement and then no admission is to be made, either pro or con, as a result of the
settlement. The terms of the settlement agreement are confidential, so we cannot discuss
money or amount of money or if there is money. What is important is the lawsuit involves
substantial rights that we feel where at issue. There are fiduciary duties when an adult
enters into a business relationship with a minor and that relationship involves trust and
reliance and confidence, whats called fiduciary duties are created. Which means the
highest level of trust and accountability and responsibility. It was our position that, as
a result of the way certain things where handled through this relationship, and as a
result of how they found themselves no longer in the group, we felt that certain fiduciary
duties were violated and that there was actual interference by Mr. Knowles in their
contractual relationships. The case has been settled. It has been resolved amicably. We
believe that all parties are pleased with the outcome. With that being said, this is
not a comment on who won or lost, but that the parties were able to sit down and resolve
the issue and put it to rest.
Q. Even with the amicable settlement Im sure you know that there are those out there
who will say that this was a case of sour grapes on the part of the girls, and
that they where just looking for a payday out of this whole thing. What do you have to say
to those people?
A. First of all on behalf of my clients, and personally, I take my hat off to Mr. Knowles
and Beyonce and the group. They have been phenomenally successfully and they have
benefited Houston at large, and really put us on the map. So, we really take our hats off
to them. We did, however, feel that there were contractual rights that were at issue, and
that there were fiduciary duties that were not met. Society must protect its minors.
In the criminal arena society protects the persons of minors who are abused. In the
business arena we must use the civil remedies to protect minors in the business, and as
you well know, in the entertainment industry minors are very productive and very popular
so there must be some type of vehicle to protect minors as they are engaged in business,
and we have to protect their affairs. So, it was not sour grapes. It was a process that
had to take place to seek redress and protection of their interests as minors in the
entertainment business.
Q. So looking forward is there any music in the background of this story? Whats next
in the careers of your clients?
A. Im not their entertainment attorney for the other aspects of there career, but I
do know that they both are very talented and they have indicated that they will continue
to be involved in the entertainment industry. So, I think you are going to hear some very
good things from them in the very near future.
Wise-Up airs each Wednesday night at 11:00p.m. on Houston Media Source (Ch. 17) on
Time-Warner Cable. More information is available online at www.wiseup.com
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