Amy Helm Countersues Levon Helm Studios Over Venue Takeover

Amy Helm filed a 34-page countersuit on October 16 in state Supreme Court, alleging that Brian Parillo used invalid corporate actions to seize control of Levon Helm Studios, the famed Woodstock, New York music venue founded by her late father, Band drummer Levon Helm.

The filing is the latest turn in a bitter dispute over the barn-studio where Levon Helm hosted his Midnight Ramble concert series until his death in 2012. In August, Levon Helm Studios (LHS) sued Amy Helm in federal court, accusing her of self-dealing, trademark infringement and causing $2 million in damages.

What does the countersuit allege?

Helm's complaint centers on the ownership structure of the company. She and her stepmother, Sandra Helm, each own 40 percent of LHS. Parillo and Barbara O'Brien own 10 percent each.

According to the lawsuit, Parillo claimed voting assignments from Sandra Helm and O'Brien, giving him purported control of 60 percent of the company's voting power while owning just 10 percent of its shares.

Helm's attorneys argue the takeover violated LHS's own certificate of incorporation, which requires all shareholders to sign written consents for corporate actions taken without a meeting. Helm says she never signed any consenting documents, that no shareholder meeting was held, and that Parillo's self-appointment as director, president, secretary and treasurer is therefore void.

What happened in May?

Sandra Helm, Brian Parillo and Barbara O'Brien removed Amy Helm as president of LHS in May, citing mismanagement of the venue. In a June court filing, Amy Helm accused Parillo of financial exploitation and elder abuse of Sandra Helm. Parillo denied those charges.

A physical dispute between Parillo and Amy Helm followed her removal. Police were called to LHS in Woodstock. No charges were filed.

The "undue influence" claim

The countersuit alleges Parillo obtained Sandra Helm's signature on a shareholder consent removing Amy Helm as a director, and on a separate consent replacing her as the company's sole director with himself. The complaint describes these actions as "undue influence" over Sandra Helm.

To support that claim, Helm's attorneys cite her stepmother's sworn affirmation in a separate dispute over Levon Helm's estate, in which Sandra Helm allegedly said: "I thought, 'they've conned me.' I'm so gullible, they're taking advantage of me. How do I undo this? I don't know why I keep doing this."

The lawsuit also cites a July order from Ulster County Surrogate's Court appointing a guardian ad litem for Sandra Helm in the estate proceeding. The order described her as "a person under disability" and directed the guardian to report on her ability to participate in the case.

What did the studio's original suit claim?

In its August federal complaint, LHS alleged that Amy Helm:

• charged $400,000 to the studio to cover personal expenses;
• took an additional $200,000 from the Levon Helm Estate, including from an LLC that distributes royalties from Levon's final albums, blocking payment to those who worked on the records;
• infringed the Midnight Ramble name by creating her own trademark, Helm Family Midnight Ramble, and diverting revenue into her own company.

The Midnight Ramble concert series, which her father hosted at LHS, continued under Amy Helm's leadership following his death.

Sandra Helm's response

Sandra Helm has rejected the portrayal of Parillo as a manipulator. In an interview with the Overlook this summer, she said: "I didn't like that they wanted to portray Brian like some kind of a puppet master or Svengali that came in and overtook my mind. It's been blown out of proportion. I just wanted to restructure Levon Helm Studios and bring it back to the glory days. And it's as simple as that."

Representatives for Amy Helm and Levon Helm Studios did not immediately respond to requests for comment, according to Pitchfork.

The dueling suits now place the future of one of Woodstock's most storied music venues in the hands of two courts, with the validity of Parillo's control — and Amy Helm's stewardship of her father's legacy — hanging on the outcome.