Articles
Engel vs. CBS Inc.
Tuesday, April 06, 1999

DONALD S. ENGEL, APPELLANT, ENGEL & ENGEL, PLAINTIFF, v. CBS, INC., MOSES & SINGER, AND STANLEY ROTHENBERG, RESPONDENTS.

93 N.Y.2d 195, 711 N.E.2d 626, 689 N.Y.S.2d 411 (1999).
April 6, 1999

USCOA,2 No. 54

[99 NY Int. 0051]
Decided April 6, 1999


This opinion is uncorrected and subject to revision before publication in the New York Reports.



Donald S. Engel, for appellant.
Thomas J. Kavaler, for respondents.
Committee on Professional Responsibility of the
Association of the Bar of the City of New York, amicus curiae.

CIPARICK, J.:

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Fran Sheehan Interview

MicroSoft Network * 1998
Former Boston Bassist
www.michaelhill1.com

Fran Sheehan is the former bassist and original member of the band from Boston called Boston. Fran and yours truly (as a member of the road crew) have known each other since the first Boston tour back in the 70s. This was during the time when the band sold out live venues from coast to coast and the radio was saturated with "Smokin", "More Than A Feeling" and other hits from the first Boston LP. Since then, the Boston band lineup has changed and Sheehan has gone on to other things. Recently, we spent some time talking about the good, the bad and the ugly facts of "life after".
 
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Boston: Heaven is a Reel-to-Reel Tape

By Chuck Miller

"It often is a merit of an ideal to be unattainable. Its being so keeps forever before us something more to be done, and saves us from the ennui of a monotonous perfection."
- Oliver Wendell Holmes


The summer of 1976 is winding down, and the radio stations have just added a new song to their playlist. The intro fades in, with chord progressions that sound like the James Gang's "Tend My Garden." The bridge to the refrain echoes the Kingsmen's "Louie Louie," and the lead guitarist threw in a few licks of the Tornadoes' "Telstar" in a guitar solo. And the lead singer is hitting high notes usually reserved for Frankie Valli, for Robert Plant, for Annie Haslam.
 
This previously unknown group, whose members alternated between bar bands and intricate studio demo tapes, have just released "More Than A Feeling," the first single from their debut album. More than twenty years later, that debut album - Boston - is one of the biggest selling LP's of all time, with over 17 million copies purchased. That first single, "More Than A Feeling," is still a classic rock staple, as are many of their other songs - "Peace of Mind," "Don't Look Back," "Amanda," "Rock and Roll Band" - the list goes on.
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Engel vs. CBS Inc. (Certification)
Tuesday, May 19, 1998

U.S. 2nd Circuit Court of Appeals

SOANES v EMPIRE BLUE CROSS



[CORRECTED ORDER] UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 1997


Filed May 19, 1998


At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 19th day of May one thousand, nine hundred and ninety-eight.


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Scholz reinvented rock-processing equipment
Friday, April 17, 1998

By Larry Lange
EE Times

Though the creative force behind the rock group Boston, Tom Scholz had an engineering problem. Because of the limitations of mid-1970s guitar-processing equipment, he couldn't quite get the majestic rock music sound swirling around in his head to translate easily to tape.

In order to get the distorted, overdriven power-rock sound out of a guitar amplifier, technicians were saddled with recording then-state-of-the-art tube amps at maximum volume to achieve the desired "heavy" effect. Scholz found that technique to be less than elegant, so in true engineering form, he addressed the problem with an ingenious end-around.

Placing a series of resistors between the output of a high-level (100-W) tube amp and a speaker cabinet, Scholz found a way to "soak up" an amp's output — though it could still be pinned at maximum volume, for full distortion effect. He had created what he called the Power Soak.
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Boston's Scholz engineers a rock dynasty
Friday, April 17, 1998

By Larry Lange
EE Times

The rock band Boston is familiar to just about anyone with a radio. But few fans may realize that the creative force behind Boston's distinctive sound is an engineer.

Indeed, Tom Scholz' engineering acumen helped propel Boston to se emingly instant stardom back in 1976, and it's keeping the band's signature sound vital as Scholz prepares a new Boston recording for release later this year.

"Tom Scholz is a modern-day Renaissance man — an engineer's engineer," said D.C. Williams, a Carson City, Nev.-based electrical-engineering consultant and Scholz fan who runs a Web site devoted to Boston .

Songwriter, guitarist and keyboardist Scholz is both the creator of and techno-brains behind the Boston phenomenon. He's a producer, sound technician and inventor, with nearly 35 patents in his portfolio. Indeed, Scholz' innovations have earned him renown among audiophiles and recording professionals: His unique Rockman line of guitar amplifiers and effects boxes revolutionized the way professional music has been re corded over the past two decades.
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The Rock Man
Monday, September 01, 1997

A Revealing interview with Tom Scholz, guitarist and mastermind behind BOSTON's classic-rock brilliance.

By Andy Aledort
Maximum Guitar

"I had been working on some new jumps, fooling around in the middle of the rink and trying a maneuver called a 'scratch spin,' which I find very difficult. Suddenly, Whammo!, I fell, completely obliterating my left arm."

Tom Scholz, founding father and resident genius of Boston, is no stranger to taking chances. Most of the time he confines his risk-taking to the relatively safe environment of writing and recording music and designing revolutionary pieces of guitar-related recording gear, like the Rockman. But he is now talking about ice jumping, his latest passionate endeavor.

"It happened this past Fall, and it was a nasty, nasty crash," he says with a chuckle. "The larger forearm bone shattered into several pieces right at my wrist, and they had to operate, leaving me with this horrible, Frankenstein-like cast, with giant bolts sticking out of my arm. Now I wear protective gear over the forearm when I skate, because I couldn't support my weight with my left arm if I were to fall. Another big negative is that I am forbidden to play basketball with other players. But I can still jam."

As in, jam with other musicians? "No--jam a basketball," he laughs. "Playing the guitar hurts like hell! Excruciatingly, utterly painful. But I suffered no nerve damage, and my fingers all work fine. Once I get warmed up, it always starts to feel better."

As any true Boston fan knows, Scholz rules on the keyboards as well. Has the injury hampered his piano playing? "The only time it bothers me is when I play Rachmaninoff's 'Prelude in C# Minor,'" he says slyly, "because it has a lot of 'cross-handed' stuff in it. Other than that, I'm all right.

"The most important thing to remember," Scholz continues, "is that no matter how screwed up your wrist is, it really doesn't affect your ice skating."

Tom Scholz's irreverent attitude has served him well all his life. Born in Toledo, Ohio, on March 10, 1947, Scholz began playing music at the age of eight, studying piano and organ. His interest in rock music took hold when he picked up the electric bass as a teen and, inspired by Sixties rock guitar heroes Eric Clapton, Jeff Beck and Jimmy Page ("anyone who played with the Yardbirds," he likes to say), he dove headlong into the guitar.

Ever the realist, Scholz matched his devotion to playing guitar and writing songs with equal devotion to mechanical engineering, earning a master's degree from the prestigious Massachusetts Institute of Technology. In the early and middle Seventies, by day, Scholz was a senior product designer for Polaroid. By night, he worked endless hours on committing to tape what would soon be known as "the Boston sound."

Boston, the band's debut, is the largest-selling debut in the history of popular music, with sales exceeding 16 million in the U.S. alone. But, hampered by litigation and record company wrangling, the band has released a mere four albums during its 20-year-plus career.

Now, with the recent release of Boston's first-ever greatest hits package, a 16-track collection that contains three new recordings ("Higher Power," "Tell Me" and "The Star Spangled Banner") along with perennial Boston favorites "More Than a Feeling," "Peace of Mind," "Rock & Roll Band" and scads more, Boston is hitting the arena circuit again this summer. The lineup consists of original Boston vocalist Brad Delp, guitarist Gary Pihl, vocalist/guitarist Fran Cosmo, bassist Davis Sikes and drummer Curly Smith. We sat down with Scholz as he gave us a guided tour through the intricate history of the rock and roll hamlet within which he resides.

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Paul Ahern vs. Tom Scholz
Tuesday, June 04, 1996
UNITED STATES COURT OF APPEALS


FOR THE FIRST CIRCUIT


____________________

Nos. 95-1146

95-1203


PAUL F. AHERN, D/B/A AHERN ASSOCIATES,


Plaintiff - Appellee,


v.


DONALD THOMAS SCHOLZ,


Defendant - Appellant.


____________________

Nos. 95-1147

95-1204


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Peace of Mind
Thursday, February 01, 1996

Guitar World

MUSICAL TRENDS MAY COME AND GO, BUT TOM SCHOLZ, BOSTON'S RECLUSIVE ROCK MAN, COULDN'T CARE LESS.

ALONG THE WOODED HIGHWAY THAT LEADS NORTH OUT OF BOSTON STANDS A DINGY RED BRICK BUILDING. HOUSED IN THIS UNASSUMING STRUCTURE IS THE BIRTHPLACE OF THE ROCKMAN SCHOLZ RESEARCH & DEVELOPMENT. WHERE BOSTON IS CURRENTLY REHEARSING FOR THEIR FIRST WORLD TOUR SINCE 1988. THE BAND IS TAKING TO THE ROAD IN SUPPORT OF THEIR LATEST OPUS, WALK ON. ONLY THE FOURTH BOSTON ALBUM SINCE 1976. WHEN SCHOLZ AND CO. BURST ONTO THE SCENE WITH ONE OF THE TRULY MEMORABLE CLASSIC ROCKERS. -'MORE THAN A FEELING."

A TALL, LANTERN-JAWED MAN, TOM SCHOLZ SEEMS CRAMPED IN HIS COMPANY'S TINY RECEPTION AREA. SURPRISINGLY YOUTHFUL, HE LOOKS MUCH THE SAME AS HE DID IN '76. THOUGH THE NEW ENGLAND AUTUMN IS WELL UNDER WAY. SCHOLZ IS DRESSED IN THIGHLENGTH SWEATSHORTS, A T-SHIRT AND WINDBREAKER. BUT WHAT ELSE WOULD A CONFIRMED BASKETBALL ADDICT WEAR TO WORK. PARTICULARLY WHEN HE OWNS THE PLACE?

AFTER A VIGOROUS HANDSHAKE, Scholz's first act is to offer me coffee. Like the late Frank Zappa, he is a nocturnal creature. "It's still morning for me," he laughs, "Even though it's late afternoon for everyone else."

He's the quintessential crackpot Yankee inventor, an American original who does things his own way, and the rest of the world be danged. Sometime in the mid-Seventies, Scholz, who scored a Masters in mechanical engineering from the Massachusetts Institute Of Technology (M.I.T.) even as he slaved in countless bar bands, discovered his dual calling: analog audio, and what would come to be known as classic rock. He has resolutely stuck with both while the rest of world succumbed to disco, synths, punk, digital, new wave, hair bands, grunge and CDROM.

Like Mr. Edison's lightbulb, Mr. Scholz's brand of rock and roll has proved to be an enduring invention. How many bong hits in how many carpeted vans parked in how many middle-American driveways have been sweetened by some Boston track or other? Tom Scholz's name has become synonymous with exquisite, layered guitar confections and, of course, with his invention, the Rockman, that tiny blue headphone preamp which changed the way rock records were made and which spawned a whole guitar style of its own.

Scholz is the kind of guy who thinks nothing of designing and building a whole new studio to record an album-and that is exactly what he did to create Boston's latest opus, Walk On. As always, in addition to writing most of the material, Tom played 90 percent of the instruments on the disc.

Armed with a mug of half decaf and half hazelnut-flavored rocket fuel, Scholz leads the way into Boston's rehearsal room. The space is cluttered with vintage Hammond organ pieces, drums and Rockman amplification gear of every stripe. Planting himself on a spindly art director's chair, Tom Scholz prepares to give me a piece of his highly iconoclastic mind.

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Here's Boston, With Its Album For The '90s Out
Wednesday, June 14, 1995

By Gary Graff
Philadelphia Inquirer

"Let's face it; there are always changes in rock and roll since the last Boston album," Tom Scholz says. "I mean, there's been a new president for every album."

Scholz isn't kidding. In 19 years, his band has put out just four albums; Ford, Carter, Reagan and Clinton were the White House occupants. Madonna has put out more than twice as many albums in half that time.

Climates - musical and political - may have changed, but Boston hasn't. The sound on Walk On, which came out last June and was Boston's first album in seven years, is of a stylistic piece with the album's three predecessors. The production is dynamic and Teflon-clean. The guitar assault comes courtesy of Led Zeppelin, the melodic sensibility from the Beatles.

And there's a stadium-size drama - Boston plays the Waterfront Entertainment Centre on Friday - and bombast drawn from the music Scholz learned as a child.

In other words, the world of alternative and modern rock has made no impact whatsoever in the self-constructed home studio where Scholz crafts Boston hits such as "More Than a Feeling," "Long Time" and "Don't Look Back."

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