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Will a New Lawsuit Taint Josh Groban’s Broadway Debut?

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In the brilliant new revival of “Les Liaisons Dangereuses,” the protagonists, French aristocrats played superbly by Liev Schreiber and Janet McTeer, face off over dueling agendas.  The Vicomte de Valmont taunts the Marquise de Merteuil: “A no will be regarded as a declaration of war. A single word is all that’s required.”To which the Marquise chillingly responds, “War!”In the battle of nerves going on between Jason Eagan, the artistic director of Ars Nova, and Howard Kagan, the lead commercial producer of the Broadway musical, “The Great Comet of 1812,” war has just been declared. But it is Ars Nova, the tiny non-profit theater, which has taken the initiative, filing a lawsuit against the former hedge fund tycoon who used to be on its board.What had begun as a tiff over credit in the program has escalated into a messy public fight which is threatening to overshadow the Broadway debut of popular recording artist Josh Groban.“Great Comet” originally had been commissioned by Ars Nova, premiering at its intimate 99-seat theater, and developed through various pre-Broadway engagements. When Kagan took over, he promised that the organization would get special billing in the program. But, now according to the lawsuit, he has balked at the terms of the contract and breached his fiduciary duty as a former board member of the organization.The press widely covered the imbroglio, fully expecting it to blow over. But on Friday, October 28, Ars Nova’s leadership sent out a letter addressed to the “Ars Nova Community,” praising the creators of the musical - composer Dave Malloy and director Rachel Chavkin—and reiterating Kagan’s balk at the agreed-upon billing which they maintained was “extremely valuable to Ars Nova’s past, present and future.”They added: “With seemingly no other alternatives to seek remedy for this lost value, our Board voted unanimously last night to file suit for breach of contract to compel the commercial producers of ‘The Great Comet’ to honor their contractual obligation to bill the show as ‘The Ars Nova Production Of.’ We are devastated that it has come to this, but steadfast in our belief that the billing we are owed is both valuable, and deserved.”The commercial producers for their part were surprised by the lawsuit, noting in their response: “Our understanding is that we are still in discussions. We continue to work toward a swift resolution of this matter for the sake of everyone involved in the show, and we hope that those discussions can continue privately.”On the face of it, the issue seems fairly easy to resolve. But as is often the case with Broadway, big personalities are involved. Groban, caught in the middle, is refusing to comment. He no doubt wishes instead to concentrate on polishing his starring role as a dissipated Russian aristocrat who narrates this story of lost love adapted from 70 pages of Leo Tolstoy’s voluminous “War and Peace.” It’s difficult, under the best of circumstances, to carry a Broadway show, especially one loaded with such high expectations. And the immersive nature of the production - complete with pierogies (flaky meat pies) thrown to the audience - demands some tricky stage business.The controversy does not appear to have hurt business so far. It took in more than a million dollars in its first full week of performances and word on the street is that Groban has acting chops to go along with his vocal talents.The star may yet be brought into break the impasse if it continues. Kagan has scheduled the recording of the original cast album of “Great Comet” for the same days as the Ars Nova’s annual gala. If the date holds, that means that the stars could not participate in the major fundraiser which was to have honored Howard Kagan and his wife, Janet.Not anymore.  

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