A mixed verdict has been reached in Why Don’t We’s yearslong legal battle with their former management company, Signature Entertainment. On Thursday night, an Orlando jury ruled that four of the band’s members must each pay their former managers a symbolic $4 ($1 each) over breach of contract, and as a result, will not be able to utilize the band’s name in the future.
The four group members named in the lawsuit — Zach Herron, Corbyn Besson, Jonah Marais, and Jack Avery — also lost a defamation aspect of the lawsuit after accusing their former manager David Loeffler of abuse, owing Signature $400,000. However, Signature was also fined $400,000 for breach of fiduciary duty in the case, canceling out the fines. Signature originally sued for $50 million.
“Finally, this lawsuit nightmare is over, and we’re excited to put this behind us and continue our solo careers,” read a statement from the band’s members, undersigned as “Formerly known as Why Don’t We.” (The statement included Daniel Seavey, who had been removed from the contract after he filed for bankruptcy years prior. He took the stand as a witness last week.)
As part of the lawsuit’s outcome, Seavey’s manager Randy Phillips — who co-founded Signature and owns 30 percent of the company — was ordered to pay $3 million to his former business partners after the jury found that he tortiously interfered with business relationships. The verdict, Why Don’t We’s attorney Howard King tells Rolling Stone, “will surely be appealed.”
“The band is going to be fine. They’re not getting back the rights to their name, but they’re going to be fine financially,” Phillips tells Rolling Stone. “I took a bullet for the guys, and I don’t regret it. Young artists should be very cautious when they sign contracts in the future.”
“I always knew this type of judgment was possible in front of an Orlando jury that does not fully understand how aggressive an artist manager must be to advocate for his clients,” Phillips adds. “These WDW artists are my close friends after 8 years together and now they are completely free, so I have no regrets and would do it again!”
Attorneys for Signature Entertainment did not respond to Rolling Stone‘s requests for comment.
The conclusion of the case comes nearly three years after Why Don’t We officially went on hiatus after being sued. The heated legal battle prevented the band from touring their last album, The Good Times and the Bad Ones. The case also faced a mistrial in 2023.
Fans of the band had been hoping for a different outcome that would allow the group to reunite as Why Don’t We. Now, if the group’s members decide to tour together, they’ll have to do so as individuals and describe themselves as “formerly of Why Don’t We.”
In an interview, Seavey explained that some of the group’s legal woes spiraled after he co-produced and wrote much of the group’s The Good Times and the Bad Ones, yet was forced to give credit and higher percentages to a man named Jaycen Joshua who was involved in the project, but allegedly not to the extent of Seavey. “Every sound you hear on it I have it on my laptop. I don’t think anyone else can say the same,” Seavey said. “So I have cold hard proof that I produced these things. So I just wanted what was fair… But the second the fight started, the mixer and our other manager just started demanding crazy splits.”
During opening arguments of the trial, obtained by Rolling Stone, Loeffler’s attorney alleged that Seavey was “not entitled” to producer credits on the project and that Seavey “did not want” Joshua to receive production credit for his work on the project.
“He did not write a word. But 30 percent of their money was given away by Mr. Loeffler because Mr. Loeffler, we believe will show, was acting in the best interest of Jaycen Joshua and against their interest,” said Why Don’t We’s attorney at the time.
Why Don’t We was also sued for defamation after the group accused Loeffler of “mental, emotional, and financial abuse” in September 2021. “He would not only live with us during the day but controlled us 24/7, setting an alarm that would go off if any door or window was opened,” the group wrote in the lengthy statement about Loeffler at the time. “We were not given the security code to the alarm, essentially making us hostages in our own home.”
The group alleged at the time that they were malnourished “to the point that some band members developed eating disorders” and that they were forced to “sneak food in and hide it in our dresser.” They wrote, “We were verbally berated almost every day and alienated from our friends and families.”
Throughout the trial, member Marais had been keeping fans updated on X, encouraging fans to attend hearings. Hours before heading into the courtroom Thursday, Marais wrote on X, “Today is the day Why Don’t We may be free. We had to end the band because our management sued us. This has been years in the making.”
“No matter what happens, I’m so excited for this process to be done. Thank you all for your endless support,” he added. “What our former management does not understand is that this is a real family and we will all stick together regardless of a ‘brand’ or logo.”
Why Don’t We formed in 2016 and released its debut album 8 Letters two years later, including two songs written by Ed Sheeran. Their 2021 LP featured production credits by Travis Barker, Skrillex, and Timbaland.
Seavey is set to become the first member of Why Don’t We to release a solo album. He drops Second Wind on March 7 after releasing an EP last year and several viral singles. He will pull from “early-aughts, pop-rock inspirations” and the album will include songs such as “Sleeping With the Lights On,” “Sunny Isles,” and “Waves.”