ART GARFUNKEL, THE ROLLING STONES, S AND G 2006, R 1-20

Early in my career, and immediately after Simon and Garfunkel had the hit Sounds of Silence, Sandy Greenberg, my close friend from college, suggested to his close friend and college roommate, Art Garfunkel, that I represent Art on legal matters. At the time, Paul and Art, were virtual unknowns, although they had a short time hit record when they were in high school Hey School Girl, recording under the names Tom and Jerry.

When Sounds of Silence came out, it was an instant hit, and so were they. Their manager was a man named Lagunoff, certainly not a major in the field, and they were now ready for Prime Time. Paul had arranged legal representation by the law firm of Orenstein, Arrow and Parcher, the lead partner of which was Harold Orenstein, a significant music industry lawyer (who almost until the day he died at 102 lunched every day at the Russian Tea Room). The two relatively young partners who soon were involved in representing Simon and Garfunkel on music matters were Peter Parcher, who became a well-known litigation lawyer in New York, and Allen Arrow, who became a well-known lawyer on entertainment deals.

We all met in New York and the goal was to get rid of the burdensome contract with Lagunoff, who could not do much for their careers, but who, under his contract, clearly enforceable, would reap a huge return. We were asked to pay him a figure that appeared very large in comparison with the royalties that Simon and Garfunkel were earning from this very first recording hit, until I pointed out that under the tax law then applicable through December 31 of that year (1965?), the top tax rate was either 80% or 90%. Consequently, they could afford to overpay Lagunoff so long as the deal closed by December 31, because they had already received sufficient income in that year to boost them into that highest tax category.

We put that deal on the table for Lagunoff, who walked off with $200,000 cash, costing Art and Paul each only either $10,000 or $20,000!

I have represented Art ever since, and we have become good friends as well as having a client relationship. I then became involved in the negotiation of music deals with CBS Records on behalf of Art. I worked with Allen, who had the music industry expertise necessary for an arcane field of entertainment law. Contracts were often left done on a handshake, which then often led to disputes since final deals were left to a later date, or major terms were left open, until after a record was recorded and released, and everyone knew the sales results. While deals would be made verbally, it often took huge effort to turn them into written agreements.

At one point, I received a power of attorney from Art who was away, so that I could sign a contract of many pages with CBS Records. After I signed where my signature belonged, the CBS attorney asked me to initial every page. I asked why, this was not a will, and he said "Marty, in this industry, we initial every page; otherwise, someone slips a new page in there and we end up in court!" I laughed and initialed every page; so did CBS.

On more than one occasion, we met with Walter Yetnikoff, counsel at CBS Records, who later became president, and a well-known kind of wild man figure in the industry, whose autobiography describes his long career in music, drugs and alcohol. He was known for his screaming fits, generally at anyone who would listen, in order to make his point, he would yell and scream. Quiet disregard was the most effective response!

That lesson came in handy many years later when Art terminated his manager, Allen Pitts. The contract was very clear as to what Allen would receive on termination, but Allen informed me in no uncertain terms that his lawyer was his cousin, Harvey Pitts. Harvey was known as one of the most brilliant and toughest attorneys in the securities industry, a partner at Fried, Frank. I said that was just fine with me, “Have Harvey call me.

Harvey called me a few days later and yelled and screamed, insisting on what Allen deserved. I waited until he finished his bluster and then said, "Harvey, shall I yell back at you or do you want to discuss this quietly? I know how to interpret contracts too, and we are willing to pay X dollars, which is exactly what the contract calls for. If that isn't good enough for you, I can give you the address of the appropriate courthouse." Harvey yelled and screamed further, and I told him that he knew what our offer was and he could take it, leave it, or sue. I then ended the conversation.

Harvey Pitts later became Chairman of Securities and Exchange Commission, under the second President Bush, and lasted just a few months; his tirades and temperament did him in and he was forced to resign. Some people never learn.

In 1972, I received a call from Allen Arrow, saying their law firm was representing the Rolling Stones in a major U.S. concert tour and they were lining up one law firm in each city to be available in the event of any need for legal services. Since they never knew when emergency services would be needed, they wanted a written understanding making clear that billing would be on an hourly basis at usual rates, that we would have one partner at each of the two concerts, with two choice free tickets each night, and contact information so we could always be reached. I agreed, delighted that I would now represent the Rolling Stones.

There were two concerts scheduled at the Old Boston Garden. I asked Bob Fast, an outstanding trial partner to be available, and he agreed to be at the Boston Garden for the first concert on July 8th and I would cover the second on the next night. Meanwhile I would be home, and the Rolling Stones management team had our numbers.

I was sitting on the porch reading the newspaper when the phone rang, with a desperate manager on the line, who was simply beside herself; the Rolling Stones plane from Canada had been diverted because of fog and landed at Warwick Airport in Rhode Island, and the Stones were waiting in a small hanger for cars to pick them up and take them to Boston. Their security people did not keep photographers away from the scene (who tipped them off?). One of the photographers got too close to Keith Richards, who then slugged him; the police intervened (where were the bodyguards to keep the photographers away? Why did the police not prevent the fight?) and Mick Jagger then got into the fray as well. Richards and Jagger ended up in jail, waiting for charges to be pressed, and I was asked to solve the problem!

No dummy, I called Jim St. Clair at home. His wife, Billy, told me he was having dinner at the Bay Club and I called St. Clair there. He gave me the name of a senior trial lawyer in Providence to call, and went down to his office to get me the number. I called him and arranged to meet at the jail; Honora and I got in the gray station wagon and raced down to the Warwick without the benefit of GPS, not yet developed. Somehow we got there fast. Meanwhile, Bob Fast had called and we remained in touch as best we could, years before cell phones made their appearance.

We got to the jail, and I talked my way in as the attorney for the Rolling Stones, met the senior attorney whom we had retained, as well as a local attorney suggested by the police. I told the police that we could make any arrangements to release them and that we needed them up in Boston for the concert. Negotiations had been going on, and while many people take credit for getting them out of the jail, the real story is related by Bob Fast, who was with Joe Jordan, a senior police captain, at the Boston Garden, dealing with the Warwick police. After much fussing about how they were not going to release them, finally, according to Fast, Joe Jordan said to the Warwick police chief "I've got 20,000 kids here and I'm going to have a riot on my hands if those guys don't show up and perform. If you let them out right away, we owe you a favor. If you don't let them out right away, I'll get you!" The Warwick chief said "Okay, okay, they’re out of here”.

They hustled into the two limousines that arrived, and I joined the parade of vehicles speeding to the Boston Garden. I don't remember if there was a police escort, but I do remember many cars trying to tag along and join us. The limousines pulled up in front of the Boston Garden, as did our little gray station wagon, and the police asked what I was doing there. I told them that I was the Rolling Stones attorney and I'm leaving the car right here, and took the keys with me. I went in and met Peter Parcher and Allen Arrow who had flown up from New York, and we did indeed watch the show.

Mayor Kevin White was either there or came over because of the potential problem of their not performing. He went on the stage and told the audience that he had good news and bad news, and announced that the Stones plane had been diverted because of fog to Warwick Rhode Island---almost losing control of the audience. He then announced that the Stones were on their way and that the opening act would continue performing until they arrived--that was a then little known Stevie Wonder! White also announced that he would make sure the MTA kept operating until after the show ended, and asked everyone to cooperate. The police had not one problem with the audience of 20,000 kids at the Garden that night.

The next night, Honora and I went to the concert, and there were again, no problems, but a great show!

The Stones continued that practice of lining up counsel in different cities for concert tours, and for the next several years that they were represented by Parcher and Arrow, we were retained. In those later concerts, the deal I struck was two free tickets for each night and the opportunity to buy at the regular price another twenty or more excellent tickets which I made available to family and friends. I arranged excellent seats at Foxboro Stadium on one occasion, a beautiful summer night and arranged a boss with boxes dinners for our kids and friends who joined us for that concert. I have enjoyed Rolling Stones concerts, ever since. Art and Paul had phenomenal success for a number of years, until Art also became a movie star, and was more interested in appearing in movies than working with Paul. Paul obviously took a burn, and the relationship soured over a number of years, becoming extraordinarily hostile at times between the two of them; at other times, not so bad. They had some reunion tours but not nearly as many as they could have done, but they did have successful reunion tours in the U.S. and Europe in 2003 and 2004. Meanwhile, they were intimately involved with each other as a financial matter, with audits, repackaging of songs, and occasional joint performances for key events, but often fraught with difficulty.

I have a memory of an early concert at which Art and Paul appeared in a gym at Boston College before two or three thousand college students, and how extraordinary they were and how amazing was the reaction of their fans. I remember too coming to the sad realization that evening, that I would never be as great in my career as Art was and is in his, no matter how good a lawyer I would become.

In 1982, I made my first trip to Denmark to meet with leaders of the VELUX corporation in connection with their business in the United States. The meeting was in late May or early June, and I realized that I would be in Copenhagen just around the time that Simon and Garfunkel would be performing at a major outdoor soccer stadium. Art and I met late one morning in his hotel suite, planning to go for a long walk together. He immediately said "So how is everything with Honora?" I gulped and said, "Well, I was going to tell you, that Honora and I have decided to separate, and will separate the end of June when the kids go to camp." Art, forever to be remembered by me, said "Oh! Then I guess I have the opportunity to listen and help you the way you have always been there for me!" We had a long and fruitful walk, made more pleasant by the Danish style in that day of observing countless young women, topless of course, cavorting in the parks with friends on a beautiful summer day.

The concert was a thrilling event for me, as Art suggested I be up on the huge open girder stage, simply standing around along with the various stage crew handling the event. What a vantage point to watch a concert! And I remember the thrill of seeing thousands of fans lighting candles or cigarette lighters as a symbol of thanks, the cheering and the candles of the throng as our limousine drove out through the crowd after the concert.

Art and I meet occasionally for lunch, or breakfast. We once had lunch at Cafe Boulud and Art slipped me a note and looked at the man at the adjoining table. The note read: "The man next to you is Gerard Depardieu." At that point, Depardieu noticed Art looking at him, recognized Art and they smiled at each other. Art said "Thanks for all you do." Depardieu said "Thanks for all your great music." We then pulled our chairs together, and talked with him, Depardieu's daughter, and the attractive woman whom he was with, whom Art had dated at one time.

Art has a remarkable voice, first noted at his Queens NY synagogue as a youngster, and known not only for his partnership with his high school friend Paul Simon, but also for his solo career featuring numerous albums and concerts. He enjoys nothing more than performing on stage, which he finds thrilling, scary and fulfilling. He also has other remarkable achievements. He has walked from one end of Japan to the other north-south, across the United States starting at the George Washington Bridge. He walked back roads for a week or more at a time and then take a break of a few months doing other things. Sports Illustrated wrote about his walk when he reached the Oregon coast after a few years of walking.

He also walked most of the way from London to Istanbul, and I suggested he read the extraordinary memoirs of Patrick Leigh Fermor, who did the same in the 1930s.

Art is also the best read person I know, and his website lists in order over 1500 books he has read since graduating Columbia in 1962. I have reviewed the list with a surprising analysis that I’ve only read some of the books that he has, but pleased that he’s read several that I’ve suggested to him.