In this in-depth episode of the Decibel & Docket Podcast, veteran music journalist Dave Brooks and entertainment attorney Michael Seville break down one of the most consequential moments in the modern concert industry: the jury verdict finding Live Nation liable for monopolistic practices. With the trial phase complete, the conversation shifts into what may be an even more critical stage—the post-verdict battle that could reshape the future of live entertainment, ticketing, and competition in the music business.

Kicking off the episode, Seville offers a firsthand legal perspective from inside the courtroom trenches, explaining why the verdict didn’t come as a surprise and how the states’ decision to push forward—despite a federal settlement attempt—ultimately paid off. The hosts unpack how juries interpret complex antitrust cases, including the importance of circumstantial evidence, internal communications like executive phone calls and Slack messages, and the strategic storytelling that helped the plaintiffs build a compelling narrative against Live Nation.

From there, the discussion turns to what happens after a verdict in a high-stakes antitrust case. Contrary to popular belief, a jury decision is far from the end. Brooks and Seville explain the intricate “post-trial dance,” including motions to overturn the verdict, challenges to expert testimony, and the looming threat of appeals. The episode dives into how both sides—plaintiffs and defense—are now maneuvering to either maximize damages and structural remedies or minimize the long-term impact of the ruling.

A key focal point is the legal tug-of-war over timing: Should the court prioritize reviewing the Department of Justice settlement under the Tunney Act, or move forward simultaneously with the states’ push for more aggressive remedies, including a potential breakup of Live Nation and Ticketmaster? This procedural question carries enormous implications, and the hosts explain how the judge’s upcoming scheduling decisions could signal the ultimate direction of the case.

Listeners will gain insight into how damages could be calculated—potentially based on a per-ticket overcharge—and why discovery into total ticket sales volume is so critical. The episode also explores what “structural remedies” might look like in practice, from divestiture scenarios to alternative proposals Live Nation might introduce to avoid being broken up.

In the second half of the show, the focus shifts from the courtroom to the California State Capitol, where Assembly Bill 1720—also known as the “Fan First Act”—could dramatically alter the ticket resale market. The proposed legislation would cap resale prices at just 10% above face value, a move that could effectively eliminate traditional ticket scalping in one of the world’s largest concert markets.

Brooks and Seville analyze the potential consequences of such a law, including whether it could push ticket resale into unregulated black markets, increase fraud, or fundamentally change how fans access live events. Drawing comparisons to similar laws in the UK and Canada, the hosts weigh the political realities of passing such legislation and whether it could survive inevitable legal challenges.

The episode also tackles broader industry themes: the rise of bot-driven ticket buying, the growing role of hedge funds in the secondary market, and the increasing frustration among fans over inflated prices and deceptive resale practices. With California as a potential testing ground, the conversation highlights how government intervention may become inevitable if the industry fails to regulate itself.

Blending legal analysis with insider reporting, this episode of Decibel & Docket offers a comprehensive look at the forces shaping the future of live music—from federal antitrust enforcement to state-level consumer protection laws. Whether you’re an artist, promoter or fan, this is essential listening for understanding where the concert business is headed.

Decibel & Docket Podcast: Live Nation Verdict, Antitrust Showdown & Coachella’s Legal Playbook

In this episode of Decibel & Docket, host Dave Brooks delivers a deep dive into one of the most important legal battles shaping the modern live entertainment industry: the antitrust case against Live Nation and Ticketmaster. With expert commentary and insider insights, this episode unpacks the trial’s outcome, what happens next in the remedies phase, and why the possibility of breaking up one of the most powerful companies in live music is now a serious consideration.

Legal scholar and economist Eric Hovenkamp of Cornell University joins the podcast to analyze the government’s case and explain why the verdict came down in favor of the plaintiffs. He breaks down the structural issues at the heart of the case, including Ticketmaster’s exclusive venue agreements and the broader market power created by the Live Nation–Ticketmaster merger. Hovenkamp also explores the limitations of past behavioral remedies, arguing that previous attempts to regulate the company’s conduct failed to prevent anti-competitive behavior—making stronger action, including a potential divestiture, more likely this time around.

The conversation also looks ahead to the remedies phase, where the court will determine how to address the violations. Hovenkamp explains the difference between behavioral remedies—such as restrictions on business practices—and structural remedies like a corporate breakup. He discusses why courts are often cautious about breakups, but notes that this case may be uniquely suited for one, given the relatively recent merger and evidence that earlier safeguards did not work. The discussion also touches on how increased competition could impact ticket prices, fee transparency, and overall consumer experience in the live music marketplace.

In the second half of the episode, AEG Presents executive and Coachella attorney Jason Bernstein provides a fascinating behind-the-scenes look at the legal and business mechanics of the global touring industry. Bernstein shares his unconventional path from concert promoter to in-house counsel and offers detailed insight into how major festivals like Coachella protect their intellectual property. From trademark enforcement to preventing unauthorized use of festival branding, he explains how AEG maintains control over one of the most valuable brands in live entertainment.

Bernstein also dives into the complexities of global touring deals, including how promoters structure multi-territory agreements, manage financial risk, and navigate relationships with artists, agents, and managers. He discusses the realities of large upfront payments, the safeguards used to protect investments, and why trust and reputation remain critical in an industry built on long-term partnerships. The conversation highlights how different types of deals—from venue agreements to artist contracts—vary in complexity depending on the parties involved and their familiarity with the business.

Additional insights in this episode include:

• Why the Live Nation verdict could reshape the concert industry
• How exclusive ticketing agreements influence competition

• The role of antitrust enforcement in lowering ticket costs and improving transparency
• How Coachella defends its trademarks and prevents brand dilution
• The inner workings of global touring contracts and artist advances

Whether you’re a music industry professional, legal expert, or an engaged fan curious about how concerts and festivals operate behind the scenes, this episode offers a comprehensive and accessible look at the forces driving change in live entertainment. With a mix of legal analysis and real-world experience, Decibel & Docket continues to explore the intersection of music, law, and business at the highest level.

Subscribe to Decibel & Docket for more in-depth conversations on the legal and economic issues shaping the future of live music.

The latest episode of the Decibel & Docket podcast delivers a deep dive into one of the most consequential moments in the live music industry: the blockbuster Live Nation antitrust verdict and its ripple effects across ticketing, touring, and fan experience. Hosted by Dave Brooks, the episode features insights from music manager Randy Nichols and ticketing expert Scott Friedman.

The headline story is the jury verdict finding Live Nation liable for monopolistic practices across multiple areas of the live entertainment business, including primary ticketing, amphitheater dominance, and tying promotion to venue control. While the case is civil—not criminal—the outcome marks a major win for state attorneys general and a turning point in the long-running debate over competition in the concert industry.

Brooks openly revisits his earlier skepticism about the strength of the government’s case, acknowledging that securing a unanimous jury verdict on all claims is a significant legal achievement. Nichols adds industry context, noting that while the verdict is historic, the process is far from over. Appeals, potential remedies, and judicial review—possibly stretching years—will ultimately determine whether the ruling leads to structural change or minimal disruption.

A central theme of the discussion is what happens next. Possible outcomes range from financial penalties to sweeping structural remedies, including the much-debated breakup of Live Nation and Ticketmaster. However, both Brooks and Nichols question whether breaking up the companies would meaningfully lower ticket prices or improve fan access, arguing that high demand, limited supply, and the secondary resale market are more significant drivers of rising costs.

The conversation also explores broader industry implications, including ongoing legislative efforts like ticket resale caps and increased scrutiny from regulators. Nichols highlights his own testimony in California supporting anti-scalping legislation, emphasizing that meaningful reform may come as much from lawmakers as from the courts.

The episode then shifts to another major issue impacting fans: a surge in ticket fraud at Coachella Valley Music and Arts Festival. Friedman explains that the festival’s reliance on physical wristbands has created opportunities for counterfeit tickets and scams, particularly on secondary marketplaces like StubHub. Reports of fake or invalid wristbands have flooded social media, especially amid heightened demand driven by Justin Bieber’s involvement.

According to Friedman, the solution is clear: Coachella must transition to fully digital ticketing systems, similar to “SafeTix,” to reduce fraud and improve accountability. Without verification technology, platforms and promoters struggle to determine whether buyers or sellers are at fault, leaving fans vulnerable and damaging trust in the live event ecosystem.

Overall, this episode of Decibel & Docket offers a comprehensive analysis of the Live Nation lawsuit, the future of ticketing regulation, and the growing challenges facing fans in an era of high demand and digital marketplaces. As legal battles continue and industry reforms take shape, the conversation underscores a pivotal moment that could redefine how live music operates for years to come.

The episode opens with a sharp, unfiltered discussion of Kanye West’s attempted comeback and the controversy surrounding it. Rather than accepting a simple apology tour, Brooks argues that real accountability would require Kanye to publicly disavow the figures and communities that have supported his most inflammatory rhetoric.

The hosts — music industry insider Dave Brooks and attorney Michael Seville — explore whether redemption in today’s media landscape is even possible—and what meaningful atonement might look like for an artist whose career has been defined as much by controversy as creativity.

From there, the conversation shifts to the business realities behind Kanye’s return to live performance. Brooks reveals details of a behind-the-scenes effort involving Live Nation, including a potential شرط: securing support from a major civil rights organization as part of a broader reputational reset. The hosts debate whether such a strategy is realistic, ethical, or even effective—and whether any organization would want to play gatekeeper in a celebrity redemption arc.

The episode also examines the logistical and financial challenges of mounting a large-scale tour without full industry backing, touching on sponsorship fallout, visa complications, and the increasing difficulty of staging global events in a crowded stadium market.

In the second half, the podcast dives into the high-stakes Live Nation antitrust trial, which has now reached jury deliberations. Brooks and Seville break down the closing arguments, key witnesses, and legal strategies from both sides. They explain complex concepts like “preponderance of the evidence” and jury instructions in clear, accessible terms, offering listeners an insider’s view of how major corporate cases are decided.

With expert analysis, candid opinions, and behind-the-scenes reporting, this episode delivers a compelling look at the forces shaping today’s music industry—from artist controversies to billion-dollar legal battles.

Entrepreneur and technologist Andrew Dreskin sits down with the Decibel and Docket podcast to share his unique perspective of the live events business. Dreskin built the world's first online ticketing company, then waited a decade and built an even better one. Now, after selling to Pandora in 2015, pivoting with the pandemic and watching the industry evolve post-COVID, he's quietly incubating his next act — and has a few things to say about scalpers, Live Nation, and the future of the live experience.

This podcast episode of the Decibel and Docket focuses on the Live Nation antitrust trial, featuring interviews with Nathaniel Morrow from the National Independent Talent Organization (NITO) and Andrew Dreskin, founder of Ticketfly and TicketWeb.

Dave Brooks hosts this solo episode while co-host Mike Seville prepares for trial . The episode includes shortened versions of conversations with both guests, with a full hour-long interview with Andrew Dreskin promised for later in the week.
Nathaniel Morrow explains NITO's unique position as sellers to both Live Nation and competing promoters. He believes the trial is beneficial for competition but acknowledges that Live Nation and Ticketmaster will continue operating regardless of the outcome, requiring the industry to work with them. The trial has revealed troubling internal communications, including Slack messages from Live Nation employees expressing negative views about fans paying inflated prices for tickets, parking, and VIP services
A major concern is that artists have limited control over ancillary revenue streams. Agents rarely see or negotiate parking charges, and these aren't included in offer sheets for 99.9% of touring artists . While platinum tickets are generally negotiated with artist teams setting limits on quantity and pricing, there are concerns about unauthorized additions of platinum inventory without artist knowledge .

NITO's Settlement Concerns
NITO published a statement with five recommendations for improving the DOJ settlement . Key issues include:

1. Fan Data Access: The settlement requires Ticketmaster to provide fan buyer data to artists, but NITO wants clarity that artists can use this data freely through their own CRM systems to promote shows and releases, not just through Ticketmaster portals .

2. Fee Caps: While the settlement includes a 15% fee cap at Live Nation amphitheaters, NITO wants this defined as all fees collectively, not just service fees, and expanded beyond amphitheaters . They argue emerging and mid-level acts are most harmed by high fees, as a $20 ticket with 30% fees becomes nearly $30, potentially deterring price-sensitive audiences from discovering new artists .

3. Amphitheater Access: The settlement allows outside promoters to rent Live Nation amphitheaters, but NITO argues this won't work practically unless promoters can access ancillary revenue from parking, food, and beverages .

4. Ticketing Platform Splits: A provision allows 50% of tickets to be sold on non-Ticketmaster platforms, but NITO emphasizes this only works with equitable seat distribution and proper consumer education.

Enforcement and Industry Issues
NITO calls for stronger enforcement mechanisms with protected channels for reporting violations without retaliation, noting that industry connectivity has improved since 2010 through organizations like NITO. They support all-in pricing but note ongoing transparency issues, as agents often don't know final fees until tickets go on sale. NITO strongly supports 10% resale caps similar to UK legislation, working on bills in California, New York, and Vermont, arguing that resale controls could reduce dynamic pricing.

Andrew Dreskin's Perspective
Dreskin finds the federal government's pursuit of the case "confounding" under a pro-business administration. He believes the focus on Taylor Swift's ticketing issues misses the mark, comparing high-demand on-sales to denial of service attacks. During the original merger review, Dreskin supported it, believing it would create opportunities for competitors like Ticketfly by driving venues away from Ticketmaster, but this didn't materialize as expected . He notes that while early threats from Live Nation to venues leaving Ticketmaster were more overt, the company has learned to be more subtle, with the mere possibility of losing shows being sufficient deterrent.

The latest episode of the Decibel and Docket Podcast, hosted by veteran music journalist Dave Brooks and attorney Michael Seville, explores major legal developments shaping the music industry, from a landmark Supreme Court ruling to high-profile artist disputes and emerging AI fraud cases.

The episode opens with breaking news from the Supreme Court of the United States involving Sony Music Entertainment and Cox Communications. In a rare unanimous 9–0 decision, the Court overturned a billion-dollar verdict against Cox, ruling that internet service providers cannot be held liable for user piracy. The case, Cox Communications v. Sony Music Entertainment, centered on whether ISPs should police illegal downloading. Justices including Sonia Sotomayor and Neil Gorsuch agreed that ISPs are infrastructure providers—not enforcers of copyright law. The ruling marks a major setback for record labels like Sony, Universal Music Group, and Warner Music Group in their ongoing fight against piracy, while reinforcing limits on corporate liability in the digital age.

The podcast then shifts to a viral legal victory for rapper Afroman (real name Joseph Foreman), who defeated a defamation lawsuit brought by deputies from the Adams County Sheriff's Department. The case stemmed from a controversial 2022 raid on Afroman’s home based on faulty information from a confidential informant. After officers caused property damage, Afroman responded with music videos and merchandise mocking the police. Despite claims of defamation, a jury ruled in Afroman’s favor, affirming his First Amendment right to criticize law enforcement. The hosts highlight how the case reflects broader free speech protections rooted in protest music traditions dating back to N.W.A and their iconic song “Fuck tha Police,” while also illustrating the “Streisand effect,” where legal action amplifies unwanted attention.

Next, Brooks and Seville examine the long-running legal dispute between Chance the Rapper and his former manager Pat Corcoran. The six-year battle revealed a critical business failure: the absence of written contracts. Despite managing Chance’s meteoric rise—including major festival bookings, brand partnerships, and merchandise success—Corcoran lacked formal agreements outlining compensation, including standard “sunset clauses.” After Chance’s 2019 album The Big Day underperformed, the relationship deteriorated, leading to lawsuits and countersuits. Ultimately, Chance prevailed, winning nominal damages of just $35. The case underscores the importance of contract law principles like the statute of frauds and serves as a cautionary tale for artists and managers relying on handshake deals, even when industry norms are widely understood.

Finally, the episode explores a groundbreaking criminal case involving AI-generated music and streaming fraud. Michael Smith, a North Carolina musician, pleaded guilty to wire fraud conspiracy after orchestrating an $8 million scheme using bots to stream hundreds of thousands of AI-generated tracks across platforms like Spotify, Apple Music, and YouTube. Working with Alex Mitchell of Boomi, Smith allegedly created fake artists and manipulated streaming algorithms to generate royalties. While AI-generated music itself is not illegal, the use of automated bots to inflate streams crossed into fraud. The case represents the first federal conviction of its kind and highlights the growing legal challenges posed by AI in the music industry.

Throughout the episode, Brooks and Seville blend legal analysis with industry insight, offering listeners a deep dive into how court decisions, artist disputes, and technological innovation continue to reshape the economics and governance of modern music.

On this week's episode of the Decibel and Docket podcast, Mike and Dave discuss the upcoming testimony of CEO Michael Rapino from Live Nation and look at how states attorney Jeffrey Kessler is preparing to question the CEO for the historic antitrust trial. We also discuss the interview of Ben Baker, author of the 'Robbin Them Blind' Slack messages from Hell and discuss the best strategy for interviewing a low level employee accused of serious wrong-doing. And then we pivot to South Central Los Angeles to look at the case of the People vs. Bricc Baby and see why attorneys for the certified Rolling 60s Crip demon want the courts to recalculate how they are charging the OG on FEMA and gun charges. That's all coming up on the next episode of the Decibel and Docket podcast.