“Simon & Schuster deliberately and opportunistically breached their contract with Milo to avoid losing tens of millions in other publishing revenues they thought they would lose if they honored their contract, based on slanders against Milo by his liberal enemies, who were threatening boycotts against Simon & Schuster. Under law, Simon & Schuster must disgorge those revenues to Milo, not just pay him the sales they cost him.” – Stephen Meister, partner and founding member at Meister Seelig & Fein LLP, the law firm that MILO Inc. has retained for our lawsuit against Simon & Schuster

A new article in Publisher’s Weekly takes an in-depth look at the legal battle between MILO Inc. and Simon & Schuster, MILO’s former book publisher who cancelled his book deal following leftist outrage.

The article grudgingly admits that MILO Inc’s lawsuit will has a “decent chance” of “surviving a motion to dismiss.”

It also quotes Cleveland State University law professor Christopher Sagers as stating, “the complaint is very well done, and sets up a factual dispute over the reason the deal was canceled.”

“Milo has a plausible bad faith termination argument,” veteran publishing lawyer Lloyd Jassin is further quoted as stating in the Publisher’s Weekly piece.

“If it can be shown that termination had nothing to do with the manuscript S&S thought they were buying, but something to do with Milo’s admitted ‘bad choice of words’ and the collateral damage it caused S&S.”

The case, as explained by Publisher’s Weekly, rests on Simon & Schuster’s claim that the contract was terminated because the manuscript they received for Dangerous was unacceptable.

Given that Simon & Schuster terminated the contract mere days after a massive anti-MILO controversy, after possessing the manuscript for over a month, this seems hard to believe.

There’s also the fact that, as Publisher’s Weekly puts it, MILO’s lawyers argue Simon & Schuster “was actively engaged in revisions as a sign that the manuscript was acceptable, including one message cited in the filing in which Ivers praises Milo’s effort as ‘good’ and ‘thorough.'”

“Milo’s attorneys also note that the S&S team appeared to be moving full steam ahead on marketing and publicity efforts right up until termination,” Publisher’s Weekly continues.

Here’s what MILO himself had to say.

“As this Publisher’s Weekly article admits, I’m not the only one who thinks my case against Simon & Schuster is solid. I can barely wait to get discovery from Simon & Schuster and read their internal emails leading up to their shocking termination of my contract. What will they show, I wonder? That they really thought the manuscript was unacceptable? Or that they caved in to a combination of left-wing outrage and media pressure? I think we all know the answer.”

  • Peter Frohwein

    Go get them Milo !

  • Rita Post

    Kill ’em Milo!

  • I_h8_disqus

    Getting someone to disgorge revenues sounds like a typical Friday night for Milo.

  • Jean Collier

    I expect better pictures of you than that blurry mess

  • I’m just imagining Milo swimming in a sea of coins like Scrooge McDuck. The thing is, that coin will be gotten from S&S. Hee-heee!

  • BorderGuard

    GO MILO! Hope you take them to the cleaners.

  • BorderGuard

    Throw a YUGE party after your victory. First two drinks free!

  • @Menace

    It’s pretty cut and dry here. S&S has screwed up big time, and Milo is going to be getting a big fat payout.

    Once you start editing the manuscript, you’d need to have a very big problem to just up and cancel the contract, something along the lines of Milo refusing to allow edits, etc.

    The only thing I think could be an issue is if S&S had emails or letters telling Milo the book was crap and they where unable to salvage it; the documents had better have been dated before Milo’s controversy.

    • True.Epic.Crusader

      “The only thing I think could be an issue is if S&S had emails or letters telling Milo the book was crap and they where unable to salvage it; the documents had better have been dated before Milo’s controversy”

      From what I hear, they were saying the book was great before suddenly canceling it. Sounds like a clear win for Milo! Can’t wait.

    • harlan leys

      When big publishers offer advances in particular, and contracts with all but their prize authors in general, those contracts are usually pretty damn protective of the publisher and biased against the author.

      ‘Proving that S&S acted in bad faith in declaring the manuscript unacceptable will be a high bar to clear. That’s because the contract broadly states that S&S is “not be obligated to accept or publish the Work if in its sole good faith judgment the Work is not acceptable to it,” a key clause that S&S will cite in its defense’

      ‘Acceptable’ can mean almost anything the publisher wants it to; even the author’s changed reputation (‘we thought he was a respectable author with a wide following; but now he’s lost respect and many of his followers”, they could claim).

      ‘the contract is also clear that engaging in revisions doesn’t mean acceptance.. another draft (a third) would be necessary.. the contract states that formal acceptance will be made in writing and accompanied by a second payment of $80,000—neither of which was made.’

      • SterlingMaloryArcher

        And that’s why this will settle.. Unless Milo wants it to go to court. But he’d never let that happen just for the publicity… Oh wait! : )

  • True.Epic.Crusader

    Hey Milo,

    You’ve just opened a new successful book publishing company.
    Since you’ve been involved with Gamers before, might I suggest a Game publishing/developping company?

    Dangerous Games, anyone?
    As a talented 3D artist, I know I’d certainly love to work there and I’m sure I’m not the only one. How about your answer to UbiSoft’s Far Cry 5, for a start? A game set in Europe in the near-future after the countries have been ravaged by the Islamic invasion.
    Or how about a GTA-like game where you play as Milo, where the missions involve triggering feminists, trolling students on college campuses, and so on. The last level could be Mecca and muhammad would be the last boss.
    Or imagine if you could somehow get the Pepe license and make a full-fledged Pepe action game.

    I think there’s nothing like this, and with the left’s stranglehold on the industry, this would be a breath of fresh air.

    • DEPLORABLE Grandma Susan

      I will SO buy copies for all my kids and grandkids! GTA, Milo’s WAY!

      • True.Epic.Crusader

        It’s a serious suggestion , and I may start posting it on more articles because I’d really love to see Milo mull it over (does he even read these?)
        I mean not necessarily my silly game ideas, but just the idea of starting a game company. Book company is up and running and doing well, so why not reach a huge new audience through gaming?

        Milo…
        Dangerous Games, man. Make it happen, and my application as an experienced 3D modeller will be in the mailbox on day 1 along with many others.

        • DEPLORABLE Grandma Susan

          Hmmm, as long as you NEVER make a game called Depression Quest, I’ll buy them!

  • DaisyToo

    I hope you win Bigly, Milo! And Simon and Schuster deserves to lose Bigly.

  • onlyparadise

    $50 million for MILO. keep creating and publishing.

  • James Palmer

    Gee, I wonder if S&S will suddenly have a computer “accident” and have emails turn up missing? Or use BleachBit? Or use hammers to smash computers and such at the last moment? What do you think, Milo? ô.o https://uploads.disquscdn.com/images/a5d090d06b4e45ff256e8e7ebd863ae96d0efe2c8325adad54ac6766ef2cb30d.gif