A legal expert is chiming in and claiming former Astronomer CEO Andy Byron has “zero grounds to sue” amid rumors of him filing a lawsuit against Coldplay‘s frontman Chris Martin over the viral “Kiss Cam” scandal with former Head of HR Kristin Cabot.
Astronomer CEO Andy Byron And HR Chief Kristin Cabot Caught On “Kiss Cam” During Coldplay Concert
As we previously shared, former Astronomer CEO Andy Byron and his Chief People Officer Kristin Cabot — who are both married with kids — were seen embracing on a jumbo screen during a Coldplay concert. The event took place at Gillette Stadium in Foxboro, Massachusetts on July 16.
Things began when Coldplay’s lead singer, Chris Martin, introduced the “Kiss Cam.” As the camera scanned the audience, it landed on Byron, who was standing behind Cabot. The moment initially looked sweet as Byron had his arms wrapped around Cabot’s waist, with her arms on top of his. However, they were clearly caught off guard. So, Byron did what any man attempting to dodge a scandal would do. He hit the floor as Cabot turned around, leaving her back to face the camera.
The 48-year-old Coldplay singer, who hadn’t realized that blew up Byron and Cabot’s marriages, jokingly reacted to the duo ducking. He said, “Oh, what, either they’re having an affair or they’re very shy.” It didn’t take too long after the incident for social media to blast out the videos and begin connecting the dots.
RELATED: Astronomer CEO Andy Byron Viral Concert Scandal Sparks Fake Statement
Fallout From Astronomer CEO Andy Byron And HR Chief Kristin Cabot’s Coldplay Concert “Kiss Cam” Scandal
The viral moment soon resulted in Andy Byron’s wife, Megan Kerrigan Byron, deleting his last name from her Facebook page. Reports also revealed that Kristin Cabot and her husband, Privateer Rum CEO Andrew Cabot, just bought a home together 5 months ago.
Astronomer’s Board of Directors placed Byron and Cabot on leave and launched an investigation into their alleged affair. Byron ultimately resigned as CEO, as of July 19. Days later, as of July 24, a rep for Astronomer told TMZ that Cabot resigned.
The rep said, “Kristin Cabot is no longer with Astronomer — she has resigned.” Meanwhile, Astronomer Co-Founder and Chief Product Officer Pete DeJoy has since stepped in to serve as interim CEO.
Rumors Allege Former Astronomer CEO Andy Byron Plans To Sue Coldplay’s Chris Martin Over “Kiss Cam” Scandal With HR Chief Kristin Cabot
On July 22, Page Six reported that former Astronomer CEO Andy Byron “could sue” Coldplay for his viral “Kiss Cam” scandal with former HR Chief Kristin Cabot. The publication reported that a legal expert confirmed that he could have a case but would have to get really “creative.”
Attorney Camron Dowlatshahi, from MSD Lawyers, exclusively told Page Six, “If we are getting creative, a possible claim would be for defamation, specifically as it relates to Chris Martin characterizing the two as having an ‘affair.'” According to Cornell Law, defamation is defined as a statement, either written or verbal, that injures a third party’s reputation.
Dowlatshahi referenced Chris Martin telling the audience, “Oh, what, either they’re having an affair or they’re very shy.” The attorney continued to explain that in order for Byron to prove the comment as defamatory, he would have to prove “that there wasn’t an affair.” To date, neither Byron nor Cabot have publicly denied the claim, even after the public learning that they each have spouses.
Dowlatshahi noted that Byron would also have to prove in court that the Coldplay singer “knew or should have known” that he was not cheating, “but made the statement anyway with malice.” The attorney added, “None of those elements will be met, so any claim against Coldplay would be frivolous.”
Dowlatshahi continued to highlight another reason why Byron would likely abstain from legal action. The attorney said, “I also very much doubt that Mr. Byron would want further public scrutiny by bringing a borderline frivolous suit against the event organizers and/or Coldplay.”
Ray Seilie, attorney at Kinsella Holley Iser Kump Steinsapir LLP, agreed with Dowlatshahi, stating:
“The only thing a lawsuit by Byron would accomplish is that it would keep his indiscretion in the news for much longer. It is extremely unlikely that Byron has a valid claim against Coldplay. Martin’s] comments … fall far short of the threshold for defamation. For one thing, even if this statement is interpreted as a factual statement about their affair — it appears to be true.”
Legal Experts Debate If Former Astronomer CEO Andy Byron Stands A Chance Trying To Sue Coldplay’s Chris Martin Or TikToker Over “Kiss Cam” Scandal With HR Chief Kristin Cabot
Seilie also referenced Massachusetts’ two-party consent law and if it could be grounds for a lawsuit by Andy Byron. The legislation demands that all parties involved in a conversation consent to being recorded. The attorney explained:
“He has no expectation of privacy in a public arena (and my guess is that he accepted an even broader release of privacy-related claims when he purchased his ticket).”
Another attorney referenced the legislation. Jules Polonetsky, CEO of Future of Privacy Forum, said:
“Byron had no reasonable expectation of privacy in a very public place, so he doesn’t have any grounds to object to the photos and videos. Recording audio secretly can be captured by wiretapping state laws, but that’s audio only. And even there, ticket purchases usually explicitly inform attendees that the venue they are attending is recording as part of the terms and conditions.”
Dowlatshahi supported the explanation and said:
“Typically, the terms and conditions of purchasing a ticket will include a provision granting the event organizers a license to use photos and videos of people in the audience, so the two-party consent state law doesn’t apply. If Coldplay is not defined as part of the event organizers in the terms and conditions, the band isn’t commercializing Mr. Byron’s name, image and likeness outside of the context of the live performance at that time, so there’s no claim there.”
Ultimately, the attorneys say Byron really “won’t be successful” if he opts to sue Coldplay’s Chris Martin over the “Kiss Cam” scandal with Kristin Cabot. Legal experts also claim that Cabot likely doesn’t have a case against Coldplay either, however she can sue Byron.
Craig Weiner, partner and litigator at Blank Rome, told Page Six, “Employers are vicariously liable for harassment committed by supervisors because supervisors are considered agents of the employer.” According to Weiner, for Cabot to win against Byron, she would have to prove his conduct “was subjectively and objectively offensive, and that the conduct was sufficiently pervasive and severe to interfere with her work performance.”
Dowlatshahi also said that Byron nor Cabot have a case against Coldplay nor the woman who posted the original video on TikTok, which has since hit over 130 million views as of writing. Per the original poster, Grace Springer, she has made zero dollars off of the viral video. The attorney said:
“Neither Byron or Cabot can successfully sue the woman who posted the video on TikTok. The woman is not commercializing any aspect of their specific name, image or likenesses for now — she just simply posted her point of view of the event. However, if this social commentary bleeds into production of merchandise, for example, that depicts the couple, then that would be grounds for a lawsuit.”
Weiner added that the First Amendment likely protects Springer’s viral video, deeming it as “expressive or newsworthy.” Weiner explained:
“Even if the woman has made money from the video due to it going viral, because it is not purely commercial, they likely would not have a claim. Massachusetts courts view the public’s interest in reasonable dissemination of news as more significant than the subject’s interests in privacy.”
Legal Experts Say Former Astronomer CEO Andy Byron Doesn’t Stand A Chance Trying To Sue Coldplay’s Chris Martin Or TikToker Over “Kiss Cam” Scandal With HR Chief Kristin Cabot
Elsewhere, employment attorney Ron Zambrano told Fox News Digital that Andy Byron’s case against Coldplay’s Chris Martin would be “dead on arrival.” Zambrano said:
“Andy Byron has zero grounds to sue, in fact, his lawsuit is dead on arrival. He had no reasonable expectation of privacy at an event like that. There’s a waiver of any such rights at the point of ticket purchase (which itself is a contract /waiver). The idea that anyone goes to a concert of that magnitude and doesn’t have the idea that there’s a risk their face may be shown on a screen or a Jumbotron is 100% laughable. He should listen to the advice he is probably getting to keep his head down and avoid torpedoing his future job prospects over something like this.”
Trial attorney John W. Day also told Fox News Digital that Byron doesn’t have “a legal leg to stand on” regarding invasion of privacy claims. Day said:
“He had no expectation of privacy at the Coldplay concert because it was a public event with tens of thousands of other people present. “In public places there may be cameras, especially at a concert, and it’s always possible you may be captured on video or still images.”
Also arguing against Bryon’s potential defamation argument, Day said, “The bottom line is, if you’re in public, don’t do anything you would not want your family to see on Instagram or other social media outlets.”
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