All That Remains To Continue Working On New Music This Month

All That Remains frontman Phil Labonte has confirmed that the group will be continuing work on new music this month. The singer said the following about that after a fan asked if his new gig as Tim Pool’s consultant/analyst means there won’t be any activity from the band:

“Fuck no it doesn’t. 😂 Im going to LA on the 27th to work in new stuff. @ATRHQ isn’t close to done, not by a long shot.”

[via The PRP]

All That Remains File Lawsuit Against Oli Herbert’s Widow Over Blocked Royalties

All That Remains have filed a lawsuit against Oli Herbert’s widow Elizabeth Herbert. The band made the move after accusing the late guitarist’s wife of holding up royalty payments and making broad ownership claims.

According to Blabbermouth, the lawsuit was filed in United States District Court for the District of Connecticut and it says Elizabeth “has made various claims” against frontman Philip Labonte, guitarist Michael Martin and drummer Jason Costa. This includes allegations claiming that the bandmates “were stealing from her and using her late husband’s recordings without permission.” She was also said to have “disparaged [them] on social media, threatened to report the Band to various federal, state and local authorities, claimed the Band had committed crimes, threatened to sue the Band in multiple jurisdictions, and falsely claimed that she had sued the Band.”

The lawsuit also referenced “a Facebook post from August 16, 2021 regarding a YouTube video of the song ‘This Probably Won’t End Well'” in which she called herself “a co-owner of the Band’s ‘entire catalog.'” She also allegedly “asserted various claims against Concord Music” regarding their recording and songwriting agreements with All That Remains, which include “a continuing obligation to pay record and publishing royalties” to the band and Oli’s estate.

Labonte, Martin and Costa also added that Elizabeth “publicly posted about her desire to assert claims against Concord Music and crowdsourced suggestions for ‘what state agency’ to complain to about ‘the record company [that] is holding $$S owed to the Estate.'”

Notably, Concord Music “initially advised Plaintiffs that it refused to pay the Band any royalties until such time as the dispute is resolved.” However, they “ultimately agreed, as an accommodation, to pay the royalties due for the period ending December 31, 2021 to the Band, provided that the Band agreed to hold Oli’s percentage interest in such monies in escrow.” The lawsuit continued:

“In early October 2022, the Band received another royalty statement from Concord Music for the semi-annual accounting period ending June 30, 2022, but did not initially receive payment of any royalties despite such statement reflecting that royalties were due. After some discussion, Concord Music again agreed, as an accommodation, to pay the royalties due for the period ending June 30, 2022 to the Band provided the Band agreed to hold Oli’s percentage interest in such monies in escrow. However, notwithstanding these ‘accommodations,’ Concord Music has advised Plaintiffs’ representatives that Concord will not release any further royalties (including the anticipated royalties to be paid to the Band for the period ending December 31, 2022) due to the Band members — not just Oli’s share of such royalties — until such time as Concord Music receives a letter of direction signed by the Estate and the Band with respect to payment instructions for Oli’s share of the Recordings and Compositions.”

Labonte, Martin and Costa went on to say that they “have held, and continue to hold, Oli’s share of the Band’s royalties for the periods ending December 31, 2021 and June 30, 2022 in escrow and are ready, able and willing to pay such monies to the Estate.” The band also added:

“Given the circumstances, and to provide the Estate greater security that it would be paid timely and accurately, Plaintiffs have sought to arrange for Defendants to receive direct payment of Oli’s royalties from Concord Music, rather than having the money flow through the Band’s accounts and have the Band account to the Estate. In order to effectuate direct payment of Oli’s royalties to the Estate, and as is customary in the music industry, on or about May 24, 2022, the Band asked Ms. Herbert to execute a letter of direction to Concord Music effective as of April 25, 2022 identifying Ms. Herbert and/or the Estate as the new payee for Oli’s share of the Band’s record royalties and music publishing royalties from the Recordings and Compositions, respectively. Ms. Herbert refused to sign the proposed letter of direction.”

Elizabeth allegedly told Labonte, Martin and Costa that “she would not sign the proposed revised letter of direction and stated that she ‘cannot in good faith sign anything presented to [her] without a judge overseeing the process.'” The following was also added:

“Ms. Herbert also published a post on Facebook on October 14 confirming that she had sent an email to the Band’s attorney ‘telling him never to contact me again or ask for my signature on a document’ and indicating that she ‘will NEVER sign anything.'”

Labonte, Martin and Costa are currently seeking a declaration saying that “Oli and/or the Estate has a 27% interest in” the recordings and that Oli’s estate “must execute the requested letter of direction to Concord Music in order to conclusively and finally resolve any withholding of royalties to the Plaintiffs by Concord Music.” They also want the court to order Concord Music to “pay all monies due and owing to Plaintiffs in respect of record and/or music publishing monies to Plaintiffs” and to “pay all monies due and owing to Oli and/or the Estate in respect of the Recordings and Compositions to Defendants.”

As previously reported, Oli passed away in October 2018 and police have been investigating his death as suspicious. His body was found in a pond near his home in Stafford Springs, Connecticut and he had unprescribed antidepressants and sleeping aids in his system. Elizabeth also later revealed that his death was the result of drowning by issuing an odd sounding statement.

One week before Oli’s death, the guitarist also signed a will making Elizabeth the sole executor and benefactor. It also said that his sister Cynthia Herbert was not allowed to become executor or receive anything from his estate and that Elizabeth would get all “property as well as any current or future earnings.”

Labonte previously expressed frustration with the lack of an arrest in Oli’s death, while seemingly referencing Elizabeth, who he previously called a “garbage human being.” He also revealed that the band couldn’t do anything with Oli’s name on it due to the financial dispute between them and Elizabeth. This includes benefits that the group wanted to do in his honor.

For her part, Elizabeth claimed that she had nothing to do with Oli’s death.

[via Blabbermouth]

All That Remains Earn First Platinum Single In The U.S.

All That Remains’ “Two Weeks” has officially been certified platinum by the RIAA. The track, which appears on the band’s 2008 album “Overcome,” serves as their first platinum single in the U.S.

All That Remains’ Phil Labonte Calls Out Rage Against The Machine’s Tom Morello For Using Vladimir Lenin Quote On His Signature Guitar Pedal

All That Remains frontman Phil Labonte has slammed Rage Against The Machine guitarist Tom Morello for including the words “sometimes history needs a push” on his signature Jim Dunlop wah petal. For those unaware, that quote is from Vladimir Lenin, a revolutionary who became the founder of the Russian Communist Party. Labonte tweeted the following about Morello’s decision to use the phrase:

[via The PRP]

All That Remains Guitarist Oli Herbert’s Widow: “I Absolutely Did Not Kill My Husband”

During a recent interview with Daily Mail, Elizabeth Herbert, the widow of All That Remains guitarist Oli Herbert, further opened up about her husband’s suspicious death. She also commented on the various accusations leveled against her, saying that she had nothing to do with the musician’s death.

As previously reported, Oli passed away in October 2018 and police have been investigating his death as suspicious. His body was found in a pond near his home in Stafford Springs, Connecticut and he had unprescribed antidepressants and sleeping aids in his system. Elizabeth also later revealed that his death was the result of drowning by issuing an odd sounding statement.

One week before Oli’s death, the guitarist also signed a will making Elizabeth the sole executor and benefactor. It also said that his sister Cynthia Herbert was not allowed to become executor or receive anything from his estate and that Elizabeth would get all “property as well as any current or future earnings.”

All That Remains frontman Phil Labonte previously expressed frustration with the lack of an arrest in Oli’s death, while seemingly referencing Elizabeth, who he previously called a “garbage human being.” He also revealed that the band couldn’t do anything with Oli’s name on it due to the financial dispute between them and Elizabeth. This includes benefits that the group wanted to do in his honor.

For her part, Elizabeth has since told the Daily Mail that she is completely innocent:

“I absolutely did not kill my husband. The police, they were talking to all these people who had an axe to grind with me. People are accusing me for various reasons, for revenge, for free publicity, to try to build careers for themselves.”

She also took issue with lead detective Michael Zella:

“You could tell he was fan of the band. Here he is, this country cop, and he’s working on a rock star who died. I think he got star struck and was on a power trip.”

Elizabeth also claimed that a mysterious woman named Penelope once pushed Oli into the pond after stepping on their property to find a missing dog:

“That did cross my mind when the police found my husband’s body – that it was Penelope. Did Penelope come back? Did he stumble down there on his own? We don’t know. All I know is I was upstairs in bed and when I came downstairs in the morning he wasn’t in the house.”

She also added the following about her and Oli’s relationship and his decision to make her his benefactor:

“We loved each other, we trusted each other and we were husband and wife, despite everyone else doing whatever they could to break us up. We were leaving each other everything, including making each other beneficiaries of each other’s life insurance policies.”

You can read more over at the Daily Mail.

Watch All That Remains Perform With Members Of Miss May I, Varials, & Tallah

As previously reported, All That Remains frontman Phil Labonte was forced to miss the band’s May 5 show in Fort Lauderdale, FL due to a “stomach bug.” As a result, the group ended up performing with fill-in vocalists Ryan Neff (Miss May I), Mitchell Rogers (Varials), and Justin Bonitz (Tallah). A number of fans also took part as well. You can find some fan-filmed footage from the concert below:

Phil Labonte To Miss All That Remains’ Ft. Lauderdale, FL Show Due To “Stomach Bug”

All That Remains’ Phil Labonte will be missing the band’s May 5 show in Ft. Lauderdale, FL. The frontman was unable to the make the concert due to a “stomach bug.”

Labonte issued the following statement:

“Ft Lauderdale I have some terrible news. I have caught a miserable stomach bug and I will not be performing with All That Remains tonight at @RevolutionLive

But the show must go on! The band is there are there will be performing with some surprise vocalists and even some fans that are currently signing up to sing some ATR songs to help save the show!

I can’t tell you how sorry and upset am. I feel terrible but in my current condition I am not gonna be able to sing. I love you Ft Lauderdale and I’m wicked sorry.”

Watch All That Remains’ Full “The Fall Of Ideals” Documentary

After previously releasing a series of videos, All That Remains have now uploaded their full “The Fall Of Ideals” documentary. You can check that out below. As previously reported, the band are currently celebrating the 15th anniversary of the aforementioned record on a spring headlining tour.

All That Remains Drummer Jason Costa Exits The Band’s Current Tour, Anthony Barone To Fill In

All That Remains drummer Jason Costa has exited the band’s current tour “to deal with some personal matters.” During his absence, Anthony Barone (Beneath The Massacre, etc.) will be filling in. The group commented:

“All That Remains unfortunately has to announce that our drummer Jason Costa has to head home to deal with some personal matters. We love him and respect his decisions, we look forward to having him back when he is ready. We would like to thank Anthony Barone for jumping in at the last minute. Make some extra noise for him when you come to a show.”