Just in: Principal oboe sues the NY Philharmonic

Just in: Principal oboe sues the NY Philharmonic

News

norman lebrecht

May 01, 2024

Liang Wang filed a lawsuit today against the NY Philharmonic and Local 802 over his suspension from the orchestra.

Press release follows:

May 1, 2024 – NEW YORK – Liang Wang, principal oboe of the New York Philharmonic since 2006, has sued the Philharmonic for suspending him without cause. As the suit explains, the Philharmonic did not suspend Liang for anything he is alleged to have done, but instead, the suspension is the Philharmonic’s cynical reaction to a negative magazine article about long ago events that the Philharmonic knows to be inaccurate. The lawsuit, filed in federal court in Manhattan, also names Liang’s union for failing in their obligation to stand up for Liang’s rights.

The suspension occurred only two days after the publication of an article in “Vulture” – an online publication of New York Magazine – criticizing the outcome of a 2019 arbitration that was favorable to Wang, which in turn was about a disputed event of a decade earlier. Most egregiously as to Liang, the article gave the completely false impression that the arbitration related to allegations of misconduct by him in 2010, in Vail, Colorado. That was not the case. As the Philharmonic’s lead counsel made clear in 2019: “We don’t say that [Wang] engaged in misconduct in Vail.”

But the article nonetheless created a firestorm, and rather than correct the grossly misleading impressions about Wang that were circulating due to the article’s mistakes, the Philharmonic’s actions damaged Wang further.
Alan Lewis, Partner at Carter, Ledyard and Milburn and attorney for Mr. Wang said:

“Liang Wang is an extraordinarily fine person, a devoted husband and the father of two young children. He has an entirely unblemished record in his 18 years at the Philharmonic, and has always conducted himself with dignity, generosity and professionalism.

“The Philharmonic suspended Liang without giving a reason, other than cowering to the public reaction to a magazine article. The writer of that article did not have access to any of the extensive arbitration testimony, resulting in serious errors. But the Philharmonic conferred unwarranted legitimacy on the substantially inaccurate article. Any doubt about this is put to rest by the unfortunate words of the Philharmonic’s own CEO. As he put it in his email to the orchestra announcing Liang’s suspension, the article ‘prompted a lot of strong feelings.’ But feelings are not facts.

“The actual facts – relating to a resolved dispute about events in decades past – were fully vetted in the 20 day long arbitration hearing in 2019 presided over by Richard I. Boch, an arbitrator agreed to by the Philharmonic and perhaps the most renowned and respected labor arbitrator in the nation. And when faced with an inaccurate article relitigating the facts that were thoroughly adjudicated in the arbitration, the Philharmonic’s response should have been to stand by the binding arbitration result – and not throw Liang up as a sacrificial lamb to an angry mob misled by a magazine hit piece. Bluntly stated, the Philharmonic chose cowardice, rather than courage.

“The shockwaves of the Philharmonic’s actions have driven Liang off stage, suspended him from faculties, and cancelled him from festivals and competitions. He is separated from his fans and the orchestra to which he has devoted two decades of his life. While Liang and I are supremely confident in the merits of our case, we can never replace what’s been taken from him already.

“Finally, there are almost no words for the Union’s disloyalty, in failing to perform its solemn duty to protest the unlawful and unexplained mistreatment of Liang Wang. Our system of labor relations entrusts unions with the obligation to stand up for their members who are unjustifiably accused or mistreated. But here, Local 802 has not stood up for its loyal member, Liang Wang, even when he has been subject to mistreatment from his employer – without being accused of anything.

“The matters resolved in the thorough 2019 arbitration were resolved in a final and binding process, which Mr. Wang will not relitigate in the press, or any other lawsuit. He is demanding basic fairness and respect for the rights that are afforded to him and all of his colleagues by the collective bargaining agreement. He is seeking compensatory and punitive damages, as well as attorneys’ fees from the Philharmonic and Union for their breaches of their contractual and solemn obligations to Liang.”
The case is 1:24-cv-03356 filed in the Southern District of New York.

photo: Liang Wang in 2010

Comments

  • Chiminee says:

    And this will never make it to depositions because Wang would be eviscerated.

    He’s just looking to resolve this matter with a cash settlement because the NYP doesn’t want to go through discovery and depositions either.

    • Tamino says:

      That, and he is most liking seeking a settlement that does not fundamentally block his future employability in the US, because of a dishonorable discharge by the NYPhil.

      • Vadis says:

        “does not fundamentally block his future employability in the US”

        er, how many Big Five is looking for a principal oboe? with allegations of sexual assault shadowing them? remember Wang failed a LA Phil oboe audition when Salonen was music director, sorry, winning a principal audition at an elite orchestra IS a once-in-a-life-time opportunity for 99% of musicians and Wang just isn’t one of those extraordinary oboists even without all the mess surrounding him

        • Zara says:

          Wang had an incredible record of audition wins when he was on the circuit in the early 2000s. He was offered principal or associate positions at San Francisco Ballet, San Francisco Symphony, Cincinnati, Houston Opera, Metropolitan Opera and finally NY Phil. He was also a finalist in Chicago and Cleveland. Whatever you think of him and what has happened since he was one of the all time best audition players.

          • Chris says:

            ’tis true. However, as we Dungeons & Dragons players say, “Eventually you’re gonna roll a ‘1’ and then back it up with another ‘1’.” And, fifteen to twenty years later, I guarantee he won’t be getting that number of offers again even if he has not been eclipsed by literally a new generation of players.

        • Marcus J says:

          I’ve seen a few of his YouTube videos. He’s really just a good collegiate level oboist, imo.

  • Tiredofitall says:

    Who or what organization issued this press release?

    It is more of a screed than a factual press release.

  • Musician says:

    Finally. Time to right these wrongs. The union and the Philharmonic should never vilify its members in the name of virtue signaling. The Philharmonic must adhere to binding the agreement and the union must protect its members. Period. No more political masquerade balls. Everyone back to your lane.

    • Alan Star says:

      Always interesting to see the boomers come out in defense of rape.

      • Jim C. says:

        Please.

      • Anon says:

        OK, tidepod.

      • Anon says:

        Don’t confuse old white guy boomers with all boomers. You don’t want to mess with women boomers on this issue.

        Boomer women know better than anyone what if feels like to be silenced, to have no one believe you. That was the era we grew up in.

        If our younger sisters say “rape”, we believe them. We’ll defend them to the ends of the earth.

    • OSF says:

      It’s not virtue signaling to take action when two of your members raped another member.

    • Woman conductor says:

      I’d like to know why Local 802 didn’t defend their dues-paying members, Cara and Amy, as vigorously as they did the rapists. The “lane” needs to exclude rapists, harassers, discriminators, and their Bro allies.

      • justsaying says:

        Alan, OSF, and Woman conductor (in this reply thread) – agreed, the “lane” needs to exclude rapists. What is the method for determining who is a rapist?

  • Guido de Arezzo says:

    Waiting to see this on Law and Order so that I can get the whole story in one hour.

    The plot thickens especially of they do the Prisoners’ Dilemma and make each talk to the police by themselves.

    • Vadis says:

      In terms of the prisoners’ dilemma, they are not in the same position:

      Muckey can both exonerate and implicate Wang without implicating himself, because Muckey has already admitted to having sex with the accuser (his defense was that it was consensual).

      On the other hand, Wang can neither exonerate nor implicate Muckey without implicating himself at minimum as a witness, that he was at least present to witness enough.

      Muckey has more leverage over Wang, Wang has none over Muckey, and it is very revealing that Muckey has not exonerated Wang.

    • Pianoconcerto123 says:

      At first, I laughed and agreed; then realized in order for it to be portrayed on Law & Order, an actual crime needs to be committed (unless they invoke creative license, and manufacture a crime, which they often do for a storyline). Nonetheless, it would be a good episode.

  • steveb says:

    I know very little about this specific problem, but I have some experience with being hung out to dry by union when it decided it wasn’t in the majority of members’ interest to help me fight my employer over a blatant case of discrimination and harassment.

    • Hayne says:

      Again, let’s not forget how the musicians’ union threw under the bus all its fellow members who wouldn’t take the mRNA shot.

      • Woman conductor says:

        The union didn’t require the mRNA shot, they allowed orchestras to require vaccination of whatever sort. Johnson and Johnson was available, which was the first one that I received. (J&J is traditional technology. There’s a better traditional vaccine out, Novavax). Lots of musicians were not going to play alongside anti-science yahoos. Those yahoos weren’t exactly conscientious about other measures, like masks. They were content to kill off immuno-compromised people — which describes most orchestra audiences and DONORS. The freedom to survive a pandemic is a beautiful thing. Hooray science!

  • william osborne says:

    Wang’s lawyer does not mention that the arbitrator wrote in his ruling that it does not remove all doubt about the actions of Muckey and Wang. After the NY Mag article, these doubts are stronger than ever.

    The moral turpitude clause of the CBA of the NYP requires the unusually rigorous legal standard of “proof beyond a shadow of a doubt” which is normally used for criminal law, but not in civil law where the standard is usually “a preponderance of evidence.” There are rarely witnesses in sexual assault cases, which makes “proof beyond a shadow of a doubt,” all but impossible. That’s why only about 1 to 3% of rapes result in felony convictions.

    I think there are few who would doubt that the preponderance of evidence falls squarely in Cara Kizer’s favor and that if that standard had been used as is normal in civil law, the two men would not have been reinstated. If orchestras want to protect their members from sexual assault, they need to apply the “preponderance of evidence” standard in questions of sexual misbehavior. Based on the types of infractions, sanctions could range from warnings to firings.

    But in the case of Cara, it gets even worse. Even with the rigorous standard of proof beyond a shadow of doubt, many feel the arbitrator did not give sufficient weight to all the evidence and that his ruling was therefore mistaken. The article in NY Magazine highlighted this evidence which has caused widespread outrage among classical music professionals and students.

    • Hayne says:

      Muckey and Wang were NOT interviewed in the article. There’s your first clue…

      • OSF says:

        They declined to be interviewed.

        • Hayne says:

          They didn’t want to be tried in the court of public opinion? How dare they!

          • John says:

            First you complain they weren’t interviewed and then when it was pointed out the reporter attempted to, they declined, and so now it’s a witch hunt? Which is it? Of course, you’re the antivaxxer from another comment, so we shouldn’t expect you to employ logic.

          • OSF says:

            Wait. You claim this is all unfair because they weren’t interviewed. You’re told they declined interviews. And then you defend their decision not to do an interview. Pick a lane.

      • DG says:

        I recall the reporter tweeting that he reached out multiple times for comment and got nothing from either of them.

      • MAS says:

        The article states, “Neither Muckey nor Wang would speak to me for this story.”
        Did you even read it?

    • Jen Morrison says:

      Quite the one-sided perspective you’ve got there bud. Seems like you are giving more weight to the “she said” side, when it is quite well known that these two are dealing with someone not playing with a full deck.

    • Danny says:

      My understanding from the article is that the standard of proof that was used in arbitration was “clear and convincing evidence,” which is a higher standard than “preponderance of evidence,” which I think pretty much everyone is agreeing is that standard that should have been used.

      “Beyond a reasonable doubt” and “Beyond a shadow of a doubt” are indeed higher burdens of proof, but the article didn’t state that these were used in arbitration (which would have gone beyond unusual and into the absurd).

      I’ve been told the most recent CBA for the NYP (from 2021) explicitly states that in the case that a dispute over termination goes to arbitration, the “preponderance of evidence” standard should be used. I don’t know if this language was present before 2021, but I HIGHLY suspect that it was added after (and specifically in response to the fact that) Mucky and Wang were reinstated in 2020.

      I also understand that the NYP is currently beginning the process (widely anticipated to be contentious) of renegotiating its CBA. I imagine these issues will be a hot topic of discussion. Beyond changing the standard of evidence clause (which it seems they already did), what else would be on your “wish list” for things they should bake into any new agreement to make this sort of debacle unlikely in the future (I’m not in the NYP, so I don’t have any say in it, but I am curious to hear ideas)?

    • David says:

      Shadow??
      No

    • Zara says:

      “Beyond a SHADOW of a doubt” is not a legal standard in use anywhere I know of. It’s always “beyond a REASONABLE doubt” in criminal law.

  • just saying says:

    Initially I thought he should be fired…but now I’m not sure. Lewis’ statement paints a really convincing portrait and also explains the faulty logic behind Liang’s firing…and now I think he was let go without due process. Hope he gets his job back!

    • Chiminee says:

      That statement completely skips over the massive investigation that was conducted which is what led to Wang being fired. The arbiter ignored the findings because he felt that the allegations occurred too long ago.

      If Wang really thinks that all of the evidence available proves his innocents, then why isn’t he calling for the report from the investigation to be made public.

    • Jack says:

      And for the woman he raped?

  • Elliot says:

    What is a modern “progressive” to do when their penchant for women’s empowerment clashes with labor rights and union regulations? As usual, they certainly don’t pick the side of labor and due process. This lawsuit could not be more warranted.

    • Emil says:

      Well women are labor too. Was Cara Kizer not entitled to labor protection from her colleagues’ violence? Are the current NY Phil members not labor too?

      • Jim C. says:

        The allegation is pretty old isn’t it?

        • Jack says:

          So tell the victim to just get over it?

          Jim, maybe look back across the last several years and the changing attitudes (Me Too, Harvey Weinstein) and the answer might just pop into your head.

  • Beatitude says:

    The Vulture article did not provide any misrepresentation of fact. The inference was clear that the original dismissal was the result of an independent investigation that concluded there was a “preponderance of evidence” supporting credible allegations of sexual misconduct unrelated to the Vail assault:

    “…the orchestra learned about… unrelated allegations of sexual misconduct against Wang. Over a six-month, $336,573 investigation, Jones interviewed 22 individuals and reviewed “extensive documentary evidence.” The Philharmonic concluded that the two men had “engaged in misconduct warranting their termination.”

    The binding arbitration was characterized as referencing multiple “events at issue” occurring “some 8, 10 and 12 years prior.” The ruling in favor of the defendants was the result of an even higher evidentiary burden of proof (which was later rescinded by the union in the renegotiation of its CBA).

    Inappropriate conduct may not rise to a binding standard required for any dismissal for cause. But it also does not necessarily infer any “unblemished” behavior or the absolution of having done anything inappropriate or wrong. NDAs, confidentiality constraints and financial settlements do not tend to support a contention for the entirely innocent acts of involved parties. As a result, the NY Phil now finds itself locked in an irreconcilable position that will most likely end with a sizable financial settlement and mutual parting of the ways. The only lasting good that can come from this unfortunate predicament is the critical reassessment and examination of its toxic organizational culture and the establishment of a safe and equitable workplace that respects (and protects) the well-being and rights of everyone in their employment.

  • Violinmaven says:

    As a female professional violinist, I am SO offended that this “oboist” has any ground to stand on. We already have to fight off unwanted advances by conductors who think they are God’s gift to the music world. How on earth did the AFM ever stand with this slime is just beyond disgusting. Why are we paying dues when people like this get away with these crimes and the Federation of Musicians stands with them??

    • Tamino says:

      Rule of Law.
      It‘s not perfect, but the best possible due process of protection against being pilloried by mass gut feelings. Being a slime bag and pocket Don Juan does not constitute a criminal offense or misdemeanor in itself.
      Also slime bags can be accused falsely and deserve the same protection by the law as anyone.

      • mk says:

        Something doesn’t have to be a criminal offense to warrant termination. It’s enough to violate the employer’s professional code of conduct.

    • Chiminee says:

      You should raise these questions to your union.

      While the union is generally obligated to assist members with filing grievances, they aren’t when it comes to going to arbitration. What, if any policies does the union have on denying requests based on the matter?

      Your CBA understandably makes it very difficult to fire people for capricious reasons, but your discipline and termination provisions likely make it unintentionally hard to fire members accused of grievous conduct, even when there is significant evidence. This whole incident is case and point. Next time your union negotiates a contract, you should be working with management to have a discipline and termination process specifically for sexual harassment and abuse allegations.

    • Leslie Dawn Knowles says:

      This! It absolutely sickens me that I am forced pay dues to them. There is a culture of misogyny that has always been present at the AFofM. Years ago I was told by the then president of our local- who went on to be VP from Canada – that he firmly stood behind a clause in our CBA that required pregnant women to take a leave of absence without pay when requested by management. He explained to me in language that I won’t repeat here that pregnant women were unsightly and audiences seeing them on stage found them repulsive. That’s our union

      • I don't like the union says:

        My wife lost almost 5 years of pension contributions when she was pregnant, could not work during pregnancy and therefore did not contribute enough that year that happened to be the last one in order to get vested. She was actually punished for having a child. After giving birth she had to start her vesting process from scratch! Talk about supporting the rights of women by this despicable Union!

    • Hayne says:

      Would you still be “SO offended” if Wang was not guilty of anything?
      I know, I know. That’s just crazy talk.

    • Jim C. says:

      Question:

      How often have you been personally approached by a conductor, especially. say, after about 1980 or 1990?

      Because if it never happened, or extremely rarely, why would you make such a vituperative claim as evidence for something?

  • Eric Wright says:

    Eff off rapist trash

  • william osborne says:

    It is also important to note that Matthew Muckey, who faces the most serious allegations, has also sued the NYP and union. It’s not just Wang. Never was.

  • Bone says:

    Excellent. Hope he takes them to the cleaners. Cancel culture has to be the dumbest trial court for organizations to base their decisions.

    • Emil says:

      Yeah, these bloody wokes, now saying that drugging and raping colleagues at work functions is bad! So woke!

      • Jen Morrison says:

        Ok. So what if they didn’t? Are you defaming them? Are they convicted of anything or not?

        • Eric Wright says:

          If they’re being defamed, they can sue.

          Given that truth is the ultimate defense against defamation, I think this would be a great idea. Muckey should absolutely start suing commenters here.

          Discovery will be a BLAST! Who wants to go fishing?

    • Another Orchestral Musician says:

      I know right? Drugging and raping a colleague is just an everyday thing, I don’t know what the fuss is all about.

    • Mark Mortimer says:

      Yes- exactly ‘cancel culture’ Bone infects the music business in a big way. It looks like Muckey has got himself in the Muck but has Wang actually done anything wrong? I’ve never heard him play- but he must be an outstanding oboist to have gained this position in the first place. Perhaps, dare we even mention (& it happens all the time) The NY Phil have found, whom they perceive at least, to have found a better oboist to fill the principal chair with any old excuse to get rid of their current incumbent, suspended or not.

  • Anon says:

    Sounds about right. The legal system is a joke, unions are a joke, journalists are a joke. no one values anything except money. Hopefully the NY Phil gets hit for millions. Screw em.

    • Sisko24 says:

      When you write that, “…no one values anything except money…” you remind me that’s one of the attributes of a society heading to downfall.

  • Tim says:

    Poor Wang, though a Manhattan jury might wonder what his damages are, when he continues to be paid a salary a lot of New Yorkers would envy, to do… nothing.

    The Stalin Gothic backdrop is a nice touch.

    Any word from the other guy?

  • Gabriel Parra Blessing says:

    I hope he wins, and it is almost certain that he will. As we have observed with the hateful and self-righteous mobs on campuses throughout the US, and the similarly pernicious mob now in control of the NYP, when the wanton disregard for rules, regulations and the law itself is allowed free reign, chaos ensues.

    Signed,

    A former Democrat, and proud Zionist Jew, every day inching closer to hoping that Trump prevails.

    • hmmmmm says:

      if everything smells like shit, check your own shoe.

    • Jim C. says:

      Well, it’s all the sanctimonious surrounding this story that bugs me. And I agree about the unfairness of their process. But what does this have to do with Trump?

      • Gabriel Parra Blessing says:

        It would be foolish to pretend the Trump phenomenon is not a product of cultural overreach by unhinged, despotic liberals, of which this NYP case is emblematic, which pushed a lot of “normies” right into his arms. Does Trump attract the far right? Of course he does. But there’s no way he gets elected in 2016 without a lot of otherwise normal centrists voting for him, something which is quite likely to happen once again, especially as far left Hamastards in academia run riot. The NYP case is but another skirmish in the wider culture wars that just might get Trump elected once again, this time with my possible support.

    • Eric Wright says:

      “A former Democrat” – irrelevant

      “and proud Zionist Jew” – also irrelevant

      “every day inching closer to hoping that Trump prevails.”

      A ha! NOW we know why you’re coming to the defense of men who are prone to sexual assault.

  • Daniel Kravetz says:

    The arbitrator’s name was Bloch.

  • Vadis says:

    1) “Mr. Wang will not relitigate in … any other lawsuit.”

    And that is Wang’s weakest point, and he knows that, the facts of that night, and that is precisely what the Philharmonic must do in order to prevail, to relitigate in order to undo TWO watertight agreements (arbitration and rehiring) they made with Liang.

    (Same with Muckey who also filed suit separately.)

    Paradoxically, the union is not bound by the earlier binding arbitration, even though it was the one who forced the Philharmonic into it. The union can defend itself by relitigating the facts anew as their basis for refusing to provide representation.

    2) The Philharmonic will be paying in millions, just in their own legal fees even if they won on every point. But they will settle.

    (Even the Met settled with Levine and they were in a much stronger legal position and they faced a dying plaintiff seeking an early resolution.)

    The question is who pays? Will the Philharmonic dip into its endowment? or make members pay by freezing salaries and raising healthcare premiums (or for the union, raising dues)? or make customers pay by raising ticket prices? or will board members step up and donate chunks of cash that will not bring them any naming rights?

    I expect to see the Philharmonic’s GoFundMe page soon.

    • Andrew Powell says:

      Good post.

      So sad for our cultural institutions that money is being lost this way instead of being used to make music affordable for all, especially the young, and to fill houses.

      Some, like the badly managed Metropolitan Opera, are already eating their endowments — a prelude to collapse.

    • Chiminee says:

      “Who pays?”

      Likely their insurance company will pay a large portion.

      I doubt that the settlement will be much more than a million dollars because the orchestra has more leverage here.

      It’s a huge financial gamble for the musicians to go to trial. If they lose and cannot recover legal costs, it will be years until they can land any well-paying gigs — they’ll have to pay their lawyers out of their retirement accounts. They don’t want to do that.

    • John says:

      “The question is who pays? Will the Philharmonic dip into its endowment? or make members pay by freezing salaries and raising healthcare premiums (or for the union, raising dues)? or make customers pay by raising ticket prices? or will board members step up and donate chunks of cash that will not bring them any naming rights?
      “I expect to see the Philharmonic’s GoFundMe page soon.”

      That isn’t at all how any of that works.

  • Edward says:

    As he must. It’s too bad his suit doesn’t “also name” the advisor who briefed the freelance reporter woman, readied the union woman, arranged the “spontaneous proposal” psychologist woman and recruited the male cipher who engaged the NY Phil’s current independent investigator woman in a filthy-rich act of spite. But if the normal NY Phil wants to self-flagellate until one Katya Jestin says “enough,” who can stop it? At least now there’ll be a parallel spectacle.

  • zandonai says:

    This is a classic case of the pot calling the kettle yellow.

  • Mark (UK) says:

    Well the USA the country and society of litigation….and precious little else

  • Rob says:

    ho hum

  • hobnob says:

    Due process of law trumped by pound me too, antisemitism, vaxx, wokism.

  • Alan Star says:

    Oh boy, get ready for a comment section where boomers and bigots aggressively defend rape and get all caught up in semantics.

  • Edward Seymour says:

    I would support and encourage Mr. Wang in his legal request for restitution for the damages done to his professional and personal reputations.

  • OSF says:

    I understand these suits as a legal gambit, but surely neither of them would feel it advisable to be playing in the orchestra right now while this is all being hashed out? Either you have everyone giving them the cold shoulder – hostile work environment indeed – or you have one part of the orchestra ostracizing them and another part embracing them. Causing a big rift in the orchestra. The Philharmonic is better off keeping them on suspension while the lawyers resolve all this.

  • Karma says:

    Yeah, most married women I know like to mess around on their period when their husband is on the way. Hope the see two get a taste of their own medicine soon in prison.

  • Anon says:

    NY Phil, like most US orchs, is already struggling financially. Whatever is decided here will push it further into an economic precipice.

    For everyone who’s cheering this lawsuit on, where do you think the money to pay it for will come from? This potentially means less money for current NY Phil players, less money for good soloists & conductors, less money for programming, educational programs and so on. NYPhil is a flagship US orch. This lawsuit will put a huge financial dent in what it can deliver artistically. Is it worth it to see these 2 spiteful individuals have their day in court?

    Are you happy knowing that your AFM dues will now have to be spent defending your union against these guys? The US govt is already bailing out the AFM pension fund. Is it worth it to put the retirements of leagues of retired pro musicians even further at risk for these 2 guys?

    This shouldn’t have resulted in a lawsuit. Anyone who thinks this is a good move for the rest of us is an idiot. This stands to devastate the finances of both the NY Phil and the AFM, who are even bigger idiots in this scenario.

    Why, for the love of all things holy, did neither entity do a better job of trying to negotiate out-of-court settlements with these guys? AFM & NYPhil know the rules. They had to see this coming. They should have done everything under the sun to prevent this. Both the Phil & AFM will have to pay out. A mutually acceptable agreement could have been reached privately which wouldn’t have dragged both entities into the mud, threatening the livelihoods of the other musicians who depend on them.

    Lastly, where the hell does Liang Wang get off suing a US orch and a US union over a job which could been offered just as well to a qualified US oboist? He’s Chinese. He immigrated to the US and got a free U.S. education at Curtis. He was granted a US work visa & eventually won one of the best-paying, most prestigious oboe jobs in the US. There are hundreds of qualified US citizens waiting in line for such an oboe job. And yes, they play just as well or better.

    Now things aren’t going so well for Wang and he’s suing. Not negotiating, suing for all the money he can get. What interest does he have, as a Chinese citizen, in the cultural future of the US or the financial state of a large US orch? Does he care if he bankrupts NY Phil or the AFM? Of course not. He can go back to China and work. He has no problem threatening the economic security of every other musician who’s paying AFM dues. He’d probably be happy if NY Phil went under. He’ll take what he wants from the US & then go home to China. If he’s acquired US citizenship, he’ll take that with him as well, laughing all the way to the bank.

    Liang Wang is a privileged, ungrateful p.o.s., in my opinion.

    • OSF says:

      Whether or not he’s Chinese, he is entitled to due process in our system. And I would imagine he became a U.S. citizen at some point.

      I’m not saying I defend him, but his citizenship doesn’t affect his rights.

      • Anon says:

        The fact that he has his Chinese citizenship to fall back affects his course of action here. He has nothing to lose. He’s can play legal hard ball with zero consequences, returning home to China with a fist full of US money if he succeeds or a new life there if he doesn’t.

        Culturally, he has no reason to to negotiate. The US is not his home country, the people here are not his people. Why should he care what happens to them? Why should he compromise?

        As a guest in the US & probably a new citizen here, Wang should have thought this through. Most people, in any new host country, are respectful of that country’s culture and laws. Usually more so than native-born citizens.

        Wang was disrespectful by coming anywhere near that situation with Ms. Kizer, regardless of what he actually did.The US welcomed him, provided him with a free education & a well-paying job and somehow he thought he was above the laws in his new country & could witness and/or be party to heinous sexual abuse with no consequences. He’s a bright guy, he knew what was happening was wrong. He should have walked away. Who knows what he actually did, but he stayed. By being present, he was complicit. Liang Wang is a bad guest & a disgrace to every immigrant & new US citizen.

        And now he’s going to further screw his host country by dragging down the NY Phil & the AFM.

        Would China give US citizens such an extensive “due process”? Absolutely not. China puts them in prison. There are 3 high profile US prisoners now being held unfairly in Chinese prisons on trumped-up charges. Where’s their due process? Nelson Wells, a US citizen who traveled to Japan for medical reasons, has been unfairly imprisoned in Hong Kong for a decade on false charges. He’s dying. China won’t release him.
        While our own citizens are dying in Chinese prisons, we’re defending the right to due process of a Chinese sexual predator. Go figure.

        • OSF says:

          He’s not a guest in this country. He’s lived here for 20-odd years, most likely is either a permanent resident or a citizen. Has been a principal in two top orchestras for nearly 20 years. By this point he’s as much an American as anyone else.

          And “real” American had no more right to treat Ms. Kizer the way she was treated. So perhaps you can leave his country of origin and/or his ethnicity out of it.

    • Chiminee says:

      Filing a lawsuit is precisely how you get to an out of court settlement.

      • Anon says:

        It can, yes. But in a world populated by educated professionals who value discretion, you’d think they could settle before announcing a lawsuit in the NYTimes. That’s hardball.

        Let’s hope they can arrive at one before this goes any farther.

    • Guest says:

      Very well said!! I hope more people sees this!!

  • Dirk Monisty says:

    Lawsuits in classical music are very common. The former violist of the Dover Quartet and the current first violinist are also in a legal dispute with lawyers right now. Apparently, the first violinist provided a hostile work environment and is anti women. Ms. N of Baltimore Symphony should investigate because I really feel for the violist. My teacher told me the first violinist is to be avoided at all cost because he puts women down all the time and says women should make less money than men.

  • zandonai says:

    In the UK if you sue someone and lose you’re required to pay the other party’s legal fees. No frivolous lawsuits there.

  • Jim C. says:

    The problem I have with this story regardless of guilt or innocence is that it was so long ago. Why is everyone on the accuser’s side now so g.d.sanctimonious about it all? What lip-smacking satisfaction does it give these people that simply was not the case 20 or 30 years ago?

    Is it Trump or something? Has he made people go crazy? This is not enlightenment folks, it’s cant.

  • Marcus J says:

    The NYPO has been a third-rate musical organization for at least the past forty years.

  • JGP says:

    “Press release follows” what a strange “article “ from norman lebrecht and slipped disc. Who wrote this “press release”? It definitely seems to side with Wang to me

  • Save the MET says:

    Was he fair to Ms. Kizer when he raped her? This disturbing and tawdry story was buried. The victim was fired and Local 802 forced the New York Philharmonic to take back the perpetrators of the rape. The New York Philharmonic’s reputation is now in tatters. They paid for an investigation by a competent law firm who regularly investigates such claims and then when the two were found to have perpetrated the crime, played possum. If they had taken legal action at the time, they would have shown courage, but instead buried the story taking the players back. Each musician has a morality clause in his contract and they clearly violated it. The New York Philharmonic in order to stand up for what is right will have to litigate the two lawsuits to clear their reputation. I suspect if this is filed in Federal court, they will also wind up with a monitor for a few years to insure this sort of activity does not happen again, same for the union.

  • Anon says:

    It’s worth it to have a look at the work of Sammy Sussman, the young journalist who wrote the “big story” in New York which triggered so much of this.This young man is the real deal & it wasn’t his first classical music sex expose.

    Trained as a classical musician, Sussman first came to attention as an investigative journalist at 19, when the Columbia Journalism Review took note of his reporting about a sexual predator on the music faculty at the U. of Michigan. Sussman was an undergrad music major there at the time. It resulted in the professor’s dismissal.
    https://www.cjr.org/q_and_a/stephen-shipps-university-of-michigan.php

    Sussman has also explored sexual abuse cases at Juilliard & a number of other music schools. https://sammysussman.com/reporting

    Sussman has investigative journalism in his blood. In this compelling piece he explores the history of his great-grandfather, Otto, a Jewish journalist in Austria who spoke out against the Nazis in print. Otto and his family were sent to the camps. Otto survived but his parents perished at Auschwitz. Sammy is carrying on their legacy.
    https://www.thejewishnews.com/news/local/u-m-student-s-research-reveals-ancestor-s-courageous-journalistic-legacy-in-nazi-dominated-europe/article_719d210c-b723-5934-80d9-aaf22a141948.html

    Bravo, Sammy Sussman!

  • justsaying says:

    Takeaway from the first 97 comments: a sizable minority seems to feel that men are sometimes wrongly accused and/or denied due process. A sizable majority seems to feel that women are often disbelieved and made to suffer for complaining about men. Almost everybody on both sides is absolutely certain what really happened that night in Vail, and remarkably, the facts of which they are certain happen to confirm their general feelings about how things are in the world.

  • Frances says:

    I am having trouble understanding why Wang was fired in the first place. All I got from the article is that he handed Ms Kizer a drink and that he wasn’t there when she woke up.

    • Malcolm James says:

      It was allegedly spiked with a date rape drug by Liang Wang, although the Colorado police didn’t test the drink for that particular substance at the time. Why not, i don’t know, because it is/was supposedly a drug commonly used for that purpose.

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