Kagan was also a member of Ars Novas board, a major donor to the organization, and was scheduled to be the nonprofits honoree at a benefit next month. Kagan his wife, Janet and Paula Marie Black offered to settle the dispute, conceding the wording in exchange for an end to the legal battle.
Kagan had violated his fiduciary duty to the nonprofits board.
The commercial producers, however, contended that more recent legal agreements, drawn up before the show was produced at the American Repertory Theater in Cambridge last year, as well as changes made to the show as it has developed justified their decision to reword the billing.Īrs Nova on Friday filed two legal claims asking an arbitrator to find that the producers had breached their contract and a judge to rule that Mr. The production was commissioned by Ars Nova and was first presented there, and the immersive staging conceived there remains at the heart of the show. The dispute has been going on for about three weeks, and revolves around how Ars Nova is described on the title page of the Playbill.Ĭurrently, the nonprofit is simply named on its own line, just above the shows title.īut the nonprofit says the current billing violates a pledge by the producers in a legal agreement signed in 2012 to use the words The Ars Nova production of before the shows title. Kagan had threatened to initiate a smear campaign in the press in order to irreparably harm Ars Novas reputation, and had then followed through on that threat. In a legal complaint last week, the nonprofit said that Mr. Howard Kagan, one of the shows lead producers, on Tuesday morning sent a 2,659-word statement to the shows investors defending the decisions about billing, saying he believed his initial agreement with Ars Nova had lapsed, that we do not believe Ars Nova deserves all the credit for this Broadway production and accusing Ars Nova of a vicious and misleading email and social media campaign online and in the press.Īrs Nova has made similar allegations about Mr.
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