Apparently, Journey’s Guitarist Can’t Have Things “Any Way You Want It”

The band should really be called Heraclitus. It’s not possible to listen to the same Journey twice. Guitarist/vocalist Niel Schon is the last remaining original member. Jonathan Cain (keyboards, guitar, vocals) joined the band in 1981, and the two have been the core of the band ever since, firing and suing two other long-standing members of the band in 2020. In 2022, Mr. Schon sued Mr. Cain to enjoin him from performing “Don’t Stop Believing” for the Trump campaign. And now Mr. Cain has sued Mr. Schon, alleging that the rock guitarist has maxed out the band’s credit card, charging $1 million in personal expenditures, including a one-month, $400,000 shopping spree, according to Nick DeRiso, writing for Ultimate Classic Rock. C’mon, seriously? Isn’t that what rock guitarists are supposed to do? He didn’t trash a green room like David Lee Roth. He did not destroy everything in sight like Keith Moon. How would we take him seriously as an artist if he weren’t unfathomably irresponsible in some way?

In July, Mr. Cain sought the appointment of a custodian to act as a third, deadlock-breaking member of Freedom 2020, the band’s touring company. Mr. Schon did not oppose the action. In August, the Delaware Chancery Court appointed Joseph R. Slights as that custodian in Cain v. Schon. Given the way the duo turned in 2020 on their bandmates Steve Smith and Ross Valory, who had been with the band for most of the journey since the 1970s, I would not want to be in Steve Smith’s shoes. However, the custodian serves at the pleasure of the court, is granted certain powers and authority by the court, and may appeal to the court for additional powers.

The custodian is an officer of the court. Although he exercises the powers of a director and may choose to act as a de factor chair of the board of directors, he is not a director. He has fiduciary-like duties, but they are not owed to the company but to the court.

I hope the appointment of the custodian enables the band to continue without further strife. Remarkably, the band has continued to tour notwithstanding. I guess they would only go their Separate Ways if they were ever to Stop Believing.