A legal battle is brewing in the entertainment industry as a prominent figure in New York's music scene takes legal action against an attorney from New Hampshire. Lawrence Marshak, along with Florida Entertainment Management Concepts, Inc., filed a complaint on January 12, 2026, in the United States District Court for the Eastern District of New York against Eric Sommers. The case delves into complex issues surrounding trademark rights and alleged conflicts of interest involving "The Drifters," a renowned musical group.
The plaintiffs, Marshak and his company, have been associated with "The Drifters" since their reconstitution in 1959. They claim to have managed and promoted the group under this name for over four decades. However, disputes arose following the death of Bill Pinkney, an original member of "The Drifters," leading to legal wrangling over the rights to use the group's name. According to Marshak's complaint, Pinkney's heirs began asserting exclusive rights to "The Drifters" name after his passing in 2007, creating confusion and threatening Marshak's longstanding business operations.
Central to this case is Eric Sommers' role as an attorney representing Marshak during arbitration proceedings aimed at enforcing prior agreements with Pinkney regarding the use of "The Drifters" name. The complaint alleges that Sommers failed to disclose a significant conflict of interest: he was simultaneously representing Terry Woods, one of Pinkney’s heirs involved in estate proceedings. This undisclosed dual representation allegedly compromised Sommers' ability to zealously advocate for Marshak’s interests.
Marshak accuses Sommers of breaching ethical obligations by not revealing this conflict and failing to act diligently during arbitration proceedings. As a result, Marshak contends that he incurred substantial legal fees unnecessarily and missed opportunities for more favorable resolutions. He seeks damages exceeding $100,000 alongside costs and disbursements from the court.
Representing Marshak is Lowell B. Davis from Great Neck, New York. The case has been assigned to Judge Nicholas G. Garaufis and Magistrate Judge Marcia M. Henry under Case ID 26-CV-157.
Source: 126cv00157_Marshak_v_Sommers_Complaint_Eastern_District_New_York.pdf