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Home , As I Am, Carlos Santana, Frank DiLeo, John Branca, Little Richard, Moonwalk (book)

RAINMAKERS 1 I found out ATV was for sale, and I told . He asked what that was. “ I said, ‘You’re not going to believe it: 250 Beatles songs, the catalog.’ He started screaming on the phone. I actually have a great note he wrote me. It said, ‘Branca, the catalog is mine. Don’t lose it by over- negotiating.’ I framed that note. ”—Branca to the AP in 2009 THE CLO SER Here’s the saga, in five parts, of a man who’s been called— not hyperbolically—the most expensive lawyer in the world.

44 45 IT’S A WELL-WORN ADAGE THAT PAUL years later, the Australian who owned 24-hour period to strike a deal. WHEN BRANCA ORCHESTRATED THE My mom told me, ‘You’re either going McCartney gave the 247 -McCartney titles, Robert “My ass was on the line,” Branca merging of Jackson’s ATV with ’s “ best investment advice he ever heard: Holmes a Court, was putting ATV up told Stan Sinberg for his So We Can nascent publishing business in 1995, he to go to college or you can get a Buy the publishing. for sale. Rock Forever blog in 2011. “I told him, became music publishing’s most accom- McCartney had purchased songs Holmes a Court and Branca had a ‘if this deal didn’t happen while I was plished attorney. job.’ I didn’t want to cut my hair, written by his childhood idols, artists handshake deal, but Holmes a Court there, to never, ever call me again.’” Sony paid Jackson $95 million to such as , which prompted then agreed to sell it to Marty Bandier Branca secured the ATV catalog of merge ATV Music with its catalog to Jackson to respond, “I’m gonna buy and The Entertainment Co. Branca 4,000 songs for $47.5 million after form a new 50/50 JV, which immedi- so I took the GED and went to L.A. your songs.” John Branca, partner went to Bandier’s lead financier, a promising a charity performance by MJ ately became the world’s second largest and head of the music department at person he had done business with, and and letting Holmes a Court’s daughter publisher. As the company continued City College. —Branca in the Magazine, 2017 Ziffren Brittenham LLP, made sure it asked that he cancel the financing, have the rights to “Penny Lane.” to acquire other catalogs, it grew to the ” happened. which he did. Holmes a Court was Bandier responded by saying, “next point that within 15 years it was earn- cial marketplace, just as McCartney had passed along this tid- left with only one option, and Branca time we do this, we’re hiring John”— ing $1 billion annually from licensing we assisted Apollo, Core bit while he and Jackson were record- chose to play hard to get, eventu- which came true when he went after and royalties. Media and the Raine ing “Say, Say, Say” in 1982 and three ally agreeing to fly to London for a CBS Songs. In 2012, Branca was a consultant Group in selling Elvis to Sony/ATV in connection with its Presley Enterprises.” $2.2 billion acquisition of EMI Music His other music-pub- Publishing; he was then hired by EMI lishing deals include Kurt to sell off music assets for $90 million. Cobain and Nirvana, His culminating move involving the ’s share EMI property took place six years later, of ’ royal- when, on behalf of the Michael Jackson ties, and ’s Estate, Branca sold the remaining 10% catalog. He of the valuable pubco not already has helped owned by Sony Corp. for $287.5 mil- and secure lion—adding to the estate’s swelling unpaid royalties, as well coffers while making his friend Marty as getting Henley back his a very happy man. Eagles song copyrights, and negotiated royalty ranca handled the sale of half increases for The Beach of ’s Jobete Music Boys and for to EMI in 1997 for $132 mil- their catalogs. lion, the 2007 sale of Jerry Branca knows the Leiber & Mike Stoller’s catalog business so well that to Sony/ATV, and the 2009 sale when names are being Bof the Rodgers & Hammerstein bandied about for a new catalog, which sold for over $200 mil- worldwide head of a top lion in a “down” economy. music publishing com- Richard Rodgers’ estate executor, pany, his name is always Joshua S. Rubenstein, told The Daily on the list. Journal in 2011, “It was a family estate, David Dunn, who we wanted someone who would take has worked with Branca good care of the legacy, and John blew on a number of proj- us away with his passion and interest. ects and is managing For us, it wasn’t just about the money,” partner of Shot Tower 2 though he did get a sale price that was Capital in , 3 95% of the estate’s highest valuation. told Occidental College Magazine in Rodgers & Hammerstein was about 2017, “He knows the business better BRANCA GRADUATED FROM THE more than money, Branca told HITS in than anybody. You’ve got artists who UCLA School of Law in 1975. He 2014. “Something like that is especially have particular viewpoints which aren’t didn’t take a particularly straight path John has a great sense of the value of a exciting to me, because I grew up lov- necessarily aligned with monetization, to get there. ing musicals like , you’ve got labels and publishers who His mother was a dancer, and his song which songs will last for a long time, so we’re brought in not just to do the are more focused on monetization, and father, the Honorable John R. Branca, — paperwork but actually to help put you’ve got John, who over the course ran a baseball school, served two terms together the offering materials and the of his career has been able to bridge the in the New York State Assembly and how certain songs can be licensed.”—Marty Bandier marketing of the company to the finan- gap and translate in both directions.” became chairman of the New York State KILLER B’S: Branca, Berry, Bandier “ 462 47 Athletic Commission in 1983. When his it the -playing superstar talked parents split and his mother left Mount about not being able to spend all the Vernon, N.Y., for L.A., Branca stayed money he had earned, as well as his behind and followed in his father’s investments in real estate, art and his sports-oriented path. Baseball was #1, new company, Rocket, which had for playing and card collecting. , a goal of paying artists higher-than he owns one of the world’s most - usual-royalties. ble baseball-card collections. “I instantly recognized it as what I “Baseball’s lure transcends the should be doing,” Branca says. game and players,” Branca wrote in He secured a job at Hardee, the 2002 book, What Baseball Means Barovick, Konecky & Braun, initially to Me. “Babe Ruth is as much a part reviewing contracts for the likes of of American history and culture as , and George Abraham Lincoln or , as Harrison, and subsequently negotiating much a part of any kid’s dreams. And innovative tour contracts. David Braun like any great sport or form of enter- took Branca under his wing and gave tainment, baseball—and its collect- him his first face-to-face task with an ibles—offer a wonderful diversion from artist: Talk Dylan out of investing in a everyday reality.” project with a friend from Minnesota. It meant spending a lot of time with hen he turned 11, Dylan at his home in Malibu. Branca joined his In 1978, when he was 27, Branca got mother in Los his first client…his second-favorite band. Angeles, and soon started to display 4 a passion for the Wguitar and songwrit- ing; at 13, he had his first band—The Other Half, who cut an for GNP 4 Crescendo—and by 16, his Pasternak Progress band secured a deal with Art IT WAS DECEMBER, AND THE BEACH Growing up, I Laboe’s Original Sound label. They Boys were late in delivering a “ opened for The Doors and were regu- Christmas album to fulfill contract lars at Gazzari’s on the Strip. Like most obligations at Warner Bros. Records had five idols, kids, he was dabbling in drugs and Chairman/CEO Mo Ostin tapped showing little interest in school, even Branca to deal with and and I wound up getting expelled from boarding school. the group before they drove off to their He put his energy in until his new deal with CBS. Branca did his representing mother gave him the “get a job or go to homework and took over the meeting, college” ultimatum. impressing the Wilson , Al all of them. Branca did well at City Jardine and Mike Love in the process. College and transferred to Occidental They wanted Branca to represent them as a junior, majoring in political sci- and fire their manager, Love’s , Elvis was ence and graduating cum laude. After Steve Love. matriculating at UCLA School of Law, This occurred at a time when Brian #1. Then The he worked for Kindel & Anderson Wilson was under Eugene Landy’s in estate planning; he also repped the questionable care, and the head Beach Boys, The UCLA Foundation, deepening his con- Beach Boy had even gone missing at nection to the university. During bas- one point, winding up in San Diego. Rolling Stones, ketball season, he can be spotted in his When they gathered to take a vote on courtside seat at Pauley Pavilion, decked dismissing Love, Wilson was called The Doors and out in Bruin powder-blue and gold. He upon to break a tie, though he kept was happy to have a job, but he knew his head on the table and refused to the fit wasn’t right. look up. Branca quickly came up with Michael and Top: BALLERS: With legendary UCLA hoops coach John Wooden Time did a cover story on Elton a solution, asking Wilson, “Brian, if Bottom: The Young Professional John the summer he graduated, and in you’re in favor of firing Steve, bang on .”

48 49 more than 20 TV series and 20-30 feature films a year. In terms of annual billings, Ziffren Brittenham is said to be the larg- est entertainment practice in the world. The music department includes David Lande, who handled deals for Beyoncé, Timberlake and , Linkin Park, , Gomez and , and David Byrnes, who has been behind Blake Shelton’s rise to mainstream fame and also reps Kelly Clarkson and Pentatonix. “I haven’t been a traditional lawyer, in the sense that we’re only there to review contracts,” Branca told HITS in 2016. “We always encourage our clients to have managers, but we are usually part of a strategic team that oversees touring, branding and various issues that may come up.”

e was lawyer/strategist behind the deal that reunited with and resulted in Supernatural, the movement of to Virgin from Sony, Hplus their groundbreaking Steel Wheels tour, and The ’ recent catalog deal with Universal Music. He oversaw ’ 50th anniver- sary operation in 2012. Aerosmith wrote Branca a thank you ROCK STARS: With Steven Tyler, Sharon Osbourne and Gene Simmons letter after he negotiated a then-unprece- dented $50 million deal for them: the table once. If you’re against, bang Henley, (negotiating his deal of A-list actors, directors, producers, writ- .” Wilson banged three times. for The Lion King), Nirvana, the estate ers and athletes including Ben Affleck, “Dear John, As a bona fide fan, Branca has a of , , Roseanne Barr, Chadwick Bozeman, Thanks a million unique ability to represent artists, believ- the estate of Elvis Presley, The Rolling , Sandra Bullock, Matt An unprecedented amount ing in their art first and commercial Stones, Earth, Wind & Fire and Damon, Harrison Ford, , An undisclosed sum reported to be interests second. His passion translates Carlos Santana, who calls Branca “the , Keanu Reeves, Sofia greater than that which any rock n into activism on artists’ behalf. Shaman”; he’s also working with Justin Vergara, Peter Chernin Entertainment, roll band has ever... “John Branca is, as I am, a group- Timberlake, Beyoncé and Alicia Keys, Productions, DreamWorks, Al A LOT!!” ie,” Daniel Lamarre, ’s as well as industry figures including Gore, Guggenheim Partners, Legendary chief executive, told the Los Angeles and . Beyond Pictures, Les Moonves, Tyler Perry, ost recently, he repped Lil Business Journal. “He loves artists the Jackson Estate, he handles the Elvis Ridley Scott, Joe Roth, Haim Saban, Pump in negotiating out as I love artists. When we meet, even Presley Estate and has done work for , Casey Wasserman, Oprah of one contract and into a today, I don’t remember many conver- The Doors as well. Winfrey, Dick Wolf, Maria Sharapova new $8 million deal with sations about money; it was all about and Serena Williams, as well as the Warner Bros. Records. the artistic content.” ranca is a partner at Ziffren Sultan of Brunei, the Vatican, Interscope “He knows how to close He takes on the young and estab- Brittenham, one the most pow- Records, Rhino Records and industry Mdeals,” Bandier raved in lished. More than 30 members of the erful firms in the film and TV investors such as JVC, Matsushita, 2016. And “he’s a real guy’s guy. He Hall of Fame have been industries. Skip Brittenham Vivendi and Ron Perelman (MacAndrews loves sports. He loves music.” his clients, among them Aerosmith, The and Ken Ziffren, who founded & Forbes). Additionally, ZB helped form “My motivation is that I love music,” Beach Boys, Dylan, The Doors, Dr. Dre, Ziffren Brittenham in 1978, and then sell Pixar for Steve Jobs. Branca confirmed in that Los Angeles ELO, , John Fogerty, Brepresent or have repped a host Collectively, this roster accounts for Business Journal story. “Growing up, if

50 51 you had told me I could represent Brian Wilson, or Michael Jackson, I would have said, how much do I have to pay to do that? To even meet one of those people would have been enough.” 5 “If I do nothing else in my career except having done

“THE SHAMAN”: With Carlos Santana this for THRILLED: With MJ the Jackson Estate, I can say I did a great fucking job.”

JACKSON AND BRANCA MET IN 1980 as Jackson was enjoying unprec- edented success with his first album for Epic, Off , as he became the first solo artist to have four singles from one album reach the Top 10. By inventing a story about Bela Lugosi’s religious convictions, Branca convinced Jackson to put aside his second thoughts about releasing the for “”; the objec- tions came from his faith at the time, Jehovah’s Witnesses. It led to the dis- claimer at the beginning of the clip: BOTTOMS UP: With “Due to my strong personal convic- David Lee Roth tions, I wish to stress that this film in no Branca, Doug Morris, Rob Stringer, Sony’s Richard Story and the Jackson Estate’s Karen Langford prepare to .

52 53 way endorses a belief in the occult.” A concert movie, books, merchandis- The “Thriller” video, directed by ing deals—“exactly what [co-exec- John Landis and clocking in at 14 utor] John McClain and I are doing minutes, was the first world premiere now for the estate,” Branca said in on MTV and is easily the most influ- that AP interview. ential pop-music video in history. It Jackson rehired Branca just eight is the only music video the Library days prior to his death in 2009. The of Congress has ever selected for its estate, at the time, was around $500 National Film Registry. million in debt. But even getting it on film required Attorney Howard Weitzman, Branca’s genius. To fund the video, whom Branca tapped as the chief which cost more than $1 million at a litigator for the estate, told the time when most video budgets were Occidental Magazine, “It was an 50 grand, Branca negotiated the sale uphill battle to sell assets and see if of a “Behind the Scenes” special to there was anything left, so we were MTV and Showtime. very concerned about the children. “It seemed odd that no one John—along with McClain—managed had ever thought of this before,” to turn this around. As a lawyer, he’s Jackson wrote in his autobiography, about as good as it can get.” Moonwalk. After Jackson’s death, Branca and Branca also helped Jackson obtain McClain secured financing for the the rights to his masters and brokered record-breaking concert film This Is the purchase of at a It and a soundtrack album, produced significant discount. He secured Pepsi two Jackson shows with Cirque du as a sponsor for The Jacksons’ 1984 Soleil, one for and one John and Ron Victory Tour, and unlike most brand for the road, and released an album deals, the contract stipulated that of unreleased material, Xscape. As Michael would never be seen holding Chairman of the Michael Jackson a Pepsi can and the limit to any screen Company, Branca also served as a time for the soda company would be producer of the animated Michael three seconds. Jackson’s Halloween, a 2017 CBS They were friends as well: They prime-time special; Michael Jackson’s traveled together and socialized; Thriller 3D, which debuted in 2017 Jackson was the best man at Branca’s at the Venice Film Festival; and the first wedding, which Little Richard movies Michael Jackson’s presided over. Journey From to Off The two parted in 1990, only to the Wall and 25. In 2013, 60 be reunited in 1993, when Jackson Minutes did a segment on the estate was being sued in a child-molestation and called it “the most remarkable case. Jackson surrounded himself with financial and image resurrection in other advisers, and in 2006, Branca pop-culture history.” said, “No more.” t’s not traditional legal “He was surrounded, and I had to work,” he said in a HITS resign,” Branca told the AP. “He did interview. “What we do not ask me to stay. I resigned amica- for the estate is not unlike bly. Later on in his career, he really what we do for an art- had a line between his business and ist or a brand—we are personal life.” “ involved with records, I deal with touring and little more than a month branding, as well as overseeing vari- before Jackson died, ous aspects of their career. Jackson’s former manager, “What we did with This Is It Frank DiLeo, called to was to try to show the real Michael discuss potential deals sur- Jackson, the entertainer and not the TWO CHAMPS: With Muhammad Ali rounding his comeback tabloid sensation. It was really a A slated to start in London. rebranding effort.”• WANNA BE STARTIN’ SOMETHING: With Rob Stringer

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