[UPDATED] Walter Becker Estate Issues Statement Regarding Donald Fagen Lawsuit
By Scott Bernstein Nov 27, 2017 • 10:00 am PST
Update
Nov 27, 2017 • 10:00 am PST
Donald Fagen’s lawyer, Skip Miller, issued a statement to Rolling Stone in response to the one from the Walter Becker estate. “Mr. Fagen reluctantly took this step in response to certain actions of Mr. Becker’s estate. The main point is that the Buy/Sell agreement at the heart of the suit is as valid as the day it was signed. It’s something Mr. Becker felt strongly about keeping in place and honoring, even during his years of illness. Mr. Fagen believes Mr. Becker’s estate is entitled to receive all normal royalties on the songs they wrote together. But this case is about the future of the band, and we will vigorously defend the contract.”
This past Tuesday news broke of drama over the Steely Dan name and assets after Donald Fagen filed a lawsuit against the estate of his 50-year musical partner, Walter Becker. Fagen claims he had a buy/sell agreement with Becker dating back to 1972 in which if one member died, the surviving member would be able to buy out their stake in the band including the name Steely Dan. Today, Walter Becker’s estate issued a response via a statement provided to Rolling Stone.
Fagen claimed the lawsuit was prompted by a note he received from Becker’s estate four days after his passing deeming the buy/sell agreement “of no force or effect.” Walter’s estate responds “the day after Walter died, Mr. Fagen had his lawyer send a demand letter to Walter’s estate, thus beginning a legal campaign against Walter’s family immediately after his death.” The estate added, “The misrepresentation that his widow, Ms. Cioffi initiated any litigious action is simply untrue. In our view, Mr. Fagen is unfairly trying to deprive Walter’s family of the fruits of their joint labors.”
The estate mentions a deal was nearly worked out with Fagen, when Donald’s longtime counsel was “suddenly fired” and that they “negotiated in good faith with replacement counsel who Mr. Fagen also fired.” Becker’s estate claims Donald’s current lawyer “did not even attempt to contact us prior to filing a lawsuit.” Walter’s estate also takes issue with the timing of the lawsuit being presented “on the eve of Thanksgiving.” Stay tuned for Team Fagen’s response.
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Here’s the full text of the statement from Becker’s estate to Rolling Stone:
We were disappointed to learn that Donald Fagen commenced a lawsuit against (the estate of) Walter Becker, his partner of 50 years, on the eve of Thanksgiving. We believe the agreement to which Mr. Fagen refers in his suit — drafted 45 years ago— was not in effect at the time of Walter’s death.
Mr. Fagen’s lawsuit, riddled with half-truths and omissions, misleadingly fails to state that the day after Walter died, Mr. Fagen had his lawyer send a demand letter to Walter’s estate, thus beginning a legal campaign against Walter’s family immediately after his death. The misrepresentation that his widow, Ms. Cioffi initiated any litigious action is simply untrue. In our view, Mr. Fagen is unfairly trying to deprive Walter’s family of the fruits of their joint labors.
Since Walter’s passing, we have endeavored to achieve a compromise with Mr. Fagen. We were close to a resolution with his longtime counsel who he suddenly fired. We then negotiated in good faith with replacement counsel who Mr. Fagen also fired. Mr. Fagen’s third and current lawyer did not even attempt to contact us prior to filing a lawsuit.
While we regret Mr. Fagen’s latest actions, we will vigorously defend against his unwarranted and frivolous case.
