Ars Nova Files Lawsuit Against Natasha, Pierre & The Great Comet of 1812's Commercial Producer Over Billing Dispute

Natasha, Pierre and the Great Comet of 1812 has landed on Broadway, and despite promising grosses and the highly-anticipated Great White Way debut of Josh Groban, a legal battle over billing has threatened to disrupt its orbit.

Ars Nova, the non-profit off-Broadway theater that first presented the new musical in 2012, announced that it has filed suit for breach of contract against the production’s commercial producer Howard Kagan, for failing to bill the musical as “The Ars Nova production of…” the show in the Playbill. This billing was initially agreed upon in a 2012 legal document, according to the New York Times.

Ars Nova is instead listed above the title as one of the producers, and is credited as the original commissioner, developer and world premiere producer as the bottom of the title page. In a statement from Artistic Director Jason Eagan and Managing Director Renee Blinkwolt, Ars Nova says the agreed upon billing enforces a narrative “that the show people are seeing on Broadway is, in its core, the show that started at Ars Nova,” and that it is “extremely valuable to Ars Nova’s past, present and future.”

Commercial producers and Ars Nova had initially attempted talks in search of a compromise to settle the matter, but after negotiations had failed to settle the dispute, the Ars Nova board voted unanimously to proceed with the lawsuit, accusing Kagan of both breach of contract and fiduciary duty to the board. “We are devastated that it has come to this,” Eagan and Blinkwolt said, “but steadfast in our belief that the billing we are owed is both valuable and deserved.”

Before the suit was announced, tension had already affected the relationship between Ars Nova and the Broadway production. Ars Nova leadership was barred from entering the Imperial Theatre on the night of the first preview performance. Kagan, who was to be honored at Ars Nova’s annual gala in December, has resigned from the board. Producers have also scheduled the show’s cast album to be recorded on the day of the gala, threatening the availability of the performers to appear at the event.

The Great Comet is expected to open officially on November 14 at the Imperial Theatre. Despite the legal clash, the show must go on: “We all hope the spotlight can be back solely on the extraordinary artists working so hard at the Imperial as soon as possible,” the Ars Nova team said.