OF NEW YORK 98 Cir. 8272 ('RPP)(]CI:)



Plaintiffs, -againstTHE WILLIAM a]., Defendants. MORRIS AGENCY, INC., el

1, Peter statements


hereby declare

under penalty

of perjury, that the following

are true and correct: 1. I am a Senior Vice President Head of Music. of defendant William Morris Agency, Inc.


and its Worldwide

I have personal


of the facts set forth

herein and respectfully ruenl.

subrrdt this declaration in support of WMA's by WMA since 1992. My princtpal amsts

motion for summary judghave included

] have been employed WMA's 2.



music diviston

and representing individual (B.A.

who are WMA clients. Law School (.I.D.

] am a graduate of UCLA


and UCLA


I have worked in the music and entertainment 3. Prior to my employment

industry for over 27 years. ! was employed at Regency (from 1975 to 1984) in Arusts, another talent

at WMA,

business agency.

affairs/administration In 1984, Regency

and then as a music Artists combined


with two

other agencies

to form Triad Artists, and had certain music Tina Turner and of Senior Vice

where ! was principally


in the management responsible,

of the music division, such as Olivia

clients for whom I was specifically Paul Simon.


Triad was acquired by WMA m 1992, when ] assumed

the position

I, t

President at WMA santing individual

and I remained mists


in both managing

the music division

and in repretouring

such as the Eagles, who have been one of the most successful

bands in the country, Charlotte Church, Luis Miguel, Neil Sedaka and Don Hemley. 4. are in Beverly fields, including WMA is a privately held company founded in 1898. Its principal offices

Hills, New York and Nashville. mussc, theatre, television,

WMA represents

talent in diverse entertainment music division employs

movies and books.



60 agents, who currently 5. WMA's

represent over 500 acts. by music comedy), genre, into seven "departtheatrical touring, country (e.e.,

music division ss orgamzed, music (which encompasses


adult contemporary

music, Christian Gospel, R&B, rap, hip-hop). 6.

Latin music, international, contemporary

and urban contemporary








and Cara in WMA's

Lewis heads the urban music department music department

m New York.

Other Senior Vice Presidents

include Dick Alert, who has represented Shirley

for many years such clients as Jose Berry and Aretha Franklin; Tom

Carreras, Enrique Iglesias, Illius, who has worked

Bassey, Tom Jones, Chuck for a prolonged

with Bill Cosby


and David Snyder,

who repre-

sents Willie Nelson and Natalie Cole. 7. which I share contemporary As part of my day-to-day Vice music division Rosenberg, music. management 1 oversee responsibilities, international and

with Executive

President Richard urban contemporary

music, which includes

In that capacsty,

I have over-

seen the work of both Cara Lewis include Eminem,

and Jeff Frasco (during

his tenure at WMA).

Ms. Lewis' acts

Erykah Badu, Jill Scott, Lauren Hill, and Craig David,

among others.


8. concert

As a music

agent at WMA,

I have

been directly with artists


in structuring

tours, both on a local and national of concert promoters objective

level and, together the tours

and their managers, in of WMA's is to maximize Generally

the selection clients. profit

to promote

and concert agent, including

engagements myself,

The principal

and duty of any music the best possible

for the artist by obtaining on the agents' communications

deal for their concert fielding hundreds


speaking, written

end, this typically from concert


of calls and responding to concert engagements. malang prooffer is made


with offers

for potentml

While the agent may, in certain cess, the ultimate decision by the artist in consultation 9.


have some


m the decisron

as to the acceptance

of a particular

concert promoter's

with his or her manager. as I testified at deposRion, the Eagles Reunion All of the cities Tour in 1994-

For example,

1996 was one of the major tour in the United States, Eagles manager, and entertainment and Journey, through 1985. Irving

tours in which I was involved. and promoters Mr. Azoff, for the tour,

and venues for the by the

other than two, were designated


a very well known and respected other major performing of the MCA artists,

figure in the music such as Steely Dan Group from 1983

industry, and has managed as chairman

as well as serving

Music Entertainment

Mr. Azoff confirmed

in an affidavit revolved

filed in this case in December and organization

2000 (annexed of concert tours, as to by Mr.

hereto as Exh. 1) that he was directly the selectmn selection Azoff of venues,

in the planning

and the selection

of concert

promoters, I was asked

with the final decision for a recommendatron As I testified to be black,

being made by Mr. Azoff in Tupelo,

and the artists.

of promoters


and Lafayette, a promoter

Louisiana. who happens

at deposition, and Michael

the recommendations Marion, a promoter

I made, of Oreg Davis, who happens

to be Caucasian,

were accepted

by Mr. Azoff.



In all of the tours in which I have been involved, the _ist. has been a very difficult


of the concert

promoter was by the manager and/or I 1. It is particularly discrimination, This litigation

one for WMA and its employees. against charges those charges of racism and to be. WMA and pro-

painful to have been forced to defend no matter how baseless and reckless that is dedicated are white,


I considered to serving

prides itself on being an organization tecting around their best interests. the world.

its clients Asian,


Our clients

black, Hispanic,

and from countries

Racial discrimination,

in any form, is anathema

to me, to those ! have superand ethos of

vised in the Music Department the company as a whole. 12. employees,

for the past eleven

years, and to the written policies best interests. to equal opportunity

It is also contrary to our clients' for its own


part, is committed


for its

its clients, and for all of those with whom in any form at our company, whether

we do business. it is by WMA

We do not tolerate racial employees, vendors or

discrimination clients.

The foregoing

mandate is clearly set forth in WMA's in the competitive

written policies.



could not, for a moment, survive to clients,

environment influenced

in which we work if our advice or tainted by considerations of

and our actions, were improperly


race or ethnicity. 13. Caucasian WMA's agents have worked with promoters who are black, as well as

and Hispanic.

In the last ten years, artists represented such as Larry Bailey, Magic Johnson, Clarence Lionel Jones,

by WMA

have been promoted Chris Cart, Luster,

by successful Mary Flowers,

black promoters AI Haymon,


Darryl Brooks, Latham,



Quentin Perry, Billy Sparks, AI Wash, Bill Washington,

and Anthony



14. uons,

I submit

this affidavit m part to affirm that, contrary to plaintiffs'


at no time have I, or to my knowledge, with any other talent to exclude agency

anyone at WMA, ever entered into an agreement or implicitly or tacitly in furtherance of a plan,

"conspired" desire


or intention

the four plaintiffs

in this action

- or any other black concert act, large Mumc

promoter - from having the opportunity or small, because of their race. Given

to bid on or to promote any WMA-represcnted my supervisory management music agent aware of it. role would Such

in WMA's have

Department, participated

it is inconceivable in such acuvity,

to me that any WMA without my being made

or could have would never agency


have been, and is not, tolerated. against plaintiffs, 15. entered tacitly,

I have no knowledge

of a conspiracy

by any booking

or against black concert promoters In addition,

generally. anyone at WMA, has ever or

neither I, nor to my knowledge,

into an agreement in furtherance

with or conspired

with any concert promoter, plaintiffs, or black promoters

explicitly, generally,


of a plan to exclude

from having

the opportunity

to bid on or promote any WMA-representod 16. I noted earlier that WMA functions

act -- large or small. in a very competitive agencies, such as CAA, Booking environment. ICM, Evolu-

We compete

on a daily basis for clients United Talent Agency

with other talent APA,

tion, Monterey, Clients



and Little Big Man.

often switch agenctes and do so freely. positive working-relationships,


promoters, with whom we generally our client's negotiating adver-

seek to maintain

are essentially

saries -- and we u'eat them as such. from a concert promoter. their managers table," If WMA

Our job, almost was perceived

every day, ts to negotiate

across the table

by our clients money"

-- the artists we represent and or other material terms "on the

-- as negotiating

poorly or as "leaving their representation

these clients would change

rather quickly.



The plain fact is that the four plaintiffs the concert promoters

in this lawsuit were not, at least in sou_t to promote concerts by

the past 10 years, among WMA's clients.

who actively

The most prominent

fact in this regard, as the record clearly

shows, is that, in

the first instance, each of these plaintiffs and n_.9oids for any national b p'laintlffs have collectively concerts, prevented WMA, tours.

submitted very few bids for single concert engagements to WMA's records, for the period 1995-2001,



no bids for national m 1998 or later. an offer.

tours and only nine bids for musical Neither I nor any agent at WMA within

all of which were submitted any of the plaintiffs

from submitting

My practice,

and the practice

is that if an offer is received

for a promotion

date, it is passed on to the artist or to the exception to this rule is when the

artist's manager

for their consideration.

The only possible

offer is incomplete, consideration (e._.,

or so not "bona fide" or inadequate as to be known to be unworthy of further a $5,000 offer for Aretha Franklin). As the record shows, plaintiffs

submitted very few bids to WMA for single concert engagements i 8. litigation commenced, tive working Apart from a series of communications to my knowledge, with WMA p]aimiffs music

and no bids for national tours. which began shortly before this posi-

also made liltle if any effort to establish to contact them by phone,



to attend the

types of industry functions for successful promotions.

to which agents are invited, or to develop My experience with promoters,

a strong recent track record is that when

both black and white,

they are seeking to promote an artist, they make their interest clear by repealed written and telephonic communications and, most emphatically, by the submission of a specific written offer.

As a practice, 1 do not solicit the hundreds of promoters nor do I announce a prospective tour publicly.

who potentially

could promote a show,



A promoter who is serious

about promoting

an act would,

in my expericall

ence, submit an offer for a particular artist for a particular or fax the agent and communicate and well-known maintains is also managers, m the industry. such information. Many of our clients'

date and venue or, at a mimmum,


client roster is readily accessible WMA

names are posted on the web-site regarding

and our client list in available on request. typically attorneys, 20. available through publications

Information (such

artists, and "hot acts" and Pollstar), agents,

as Billboard

record labels and other promoters. I noted earlier that the selection manager. of a concert promoter is ultimately the

decision amount

of the artist or the artists'

That decision

is influenced

not only by the gross past "history"

of the offer, and other contract

terms, but also by the particular


with that artist or manager 21. in this process promoter and

and past track record for successful highly successful selective and sought

and competent after artists

promotion. have greater leverage


can be the most obviously matters important

as to promoters.

The decision

as to concert


a great deal to the artist. that the promotion

Not only must the artist be fully of the concert proceed

and fairly paid, it is equally smoothly, that the artists'

and productton



and personal and security

needs be taken care of, and that all of the artist and audience black promoters, race, be It black, that promoter members. many of or white, will me¢t

other precauttons 22. whom have

are taken to ensure the safety As is evident utilized

from the number clients,

of successful a promoter's

in fact been

by WMA's

plays absolutely the mist's

no part, and has played

no part, m predicting by the client.



or in their selection

•° b o


under penalty of perjury this _day

of February, 2003.