James Dolan is close to settling allegations that he duped investors and spied on employees, while senior executives at his companies destroyed evidence of his scheme — all part of a scheme to pay the ballooning tab for an over-the-top construction project in the Las Vegas desert, The Post has learned.
The billionaire owner of the New York Knicks and Rangers – who has riled New York politicians over his use of facial recognition technology to ban legal rivals from his venues – has been accused in legal filings of spying on and firing workers who raised alarms over a controversial business deal he was pushing two years ago.
Dolan — who has settled one lawsuit over the allegations and its nearing a deal to settle similar allegations in another — employed the hardball tactics as he pursued his single-minded vision to build the MSG Sphere — a Las Vegas movies-and-music mecca whose grand opening this fall with legendary rock group U2 got teased in a splashy Super Bowl ad in February.
The construction tab for the high-tech, ball-shaped arena has more than doubled to $2.2 billion since the start of the pandemic. Last month, The Post reported exclusively that Dolan fired the latest executive in charge of the project, Lucas Watson.
James Dolan allegedly snooped on employees e-mails and covertly recorded them to find reasons to fire them, according to court docs.
Under the hotly contested business deal, the 67-year-old entertainment magnate allegedly swindled shareholders on both sides of an agreement to join Madison Square Garden’s cable-TV operations with its entertainment venues, plaintiffs alleged.
According to securities filings, Dolan last month cut an $85 million settlement over the explosive allegations with shareholders of MSG Entertainment, which in addition to Madison Square Garden owns a number of venues including Radio City Music Hall and the Rockettes.
In court papers, MSG Entertainment investors had accused Dolan of inflating the purchase price and diluting the value of their shares when the company in March 2021 paid $922 million for MSG Networks, the company that broadcasts Knicks and Rangers games.
In last month’s settlement, the Dolan family didn’t admit wrongdoing.
Rising costs for James Dolan’s futuristic Sphere were allegedly hidden from MSGN shareholders, according to court papers. APDolan separately on Friday reached “an agreement in principle” to settle allegations with investors in Delaware Chancery Court on the other side of the deal — shareholders in MSG Networks, according to court filings.
“We are pleased to inform the court that the parties have reached an agreement in principle to settle this action,” plaintiffs’ attorney Christine Mackintosh wrote in a court filing last week, adding that she had cancelled plans to file pre-trial briefs and had cancelled plans for a trial slated for April 17.
Mackintosh also said the parties “will work expeditiously to submit a stipulation of settlement and related papers and will contact chambers for the court’s availability for a hearing to approve the proposed settlement.”
Shareholders in MSG Networks — owner of the MSG and MSG+ cable channels — had accused the Dolans of destroying evidence of the Sphere’s rising tab in order to dilute a roughly 2-for-10 share swap in the merger, court papers show.
In other words, the Dolan family — which controls over 70% of the voting power of MSG Entertainment — was accused of shortchanging investors on both sides of the same deal, partly by allegedly keeping the ballooning costs of the MSG Sphere a secret.
Dolan lined up U2 to launch his MSG Sphere arena in Las Vegas. AFP via Getty Images“Even if MSGE paid too high a purchase multiple for MSGN, the MSGN shareholders should have gotten a better share ratio in the merger, and would have, had they known that the Sphere’s costs were rising,” claimed the lawyer, who was closely watching the case but isn’t affiliated with either side.
The $85 million settlement with the MSGE shareholders will be paid out through an insurance company. The size of the MSGN settlement wasn’t immediately disclosed. Sources speculated that Dolan could personally have been on the hook for as much as $200 million in that case.
The case winding through Delaware Chancery Court before Kathaleen McCormick – the tough judge who forced Elon Musk to follow through on his $44 billion Twitter takeover – alleged that seven senior officers at MSGE and MSGN deleted texts and emails related to the merger.
Ditto for three directors from the Dolan family — including James Dolan’s estranged wife Kristin Dolan, his sister Marianne Dolan Weber and his son Charles Dolan, plaintiff’s attorney Joel Fleming alleged during a Jan. 17 hearing.
“I’ve never seen a case with this degree of spoliation,” Fleming claimed at the hearing, referring to the legal term for destroying evidence relevant to a case, whether deliberately or accidentally.
Much of the potential evidence in the MSGN suit against Dolan has allegedly been destroyed, according to court testimony. MICHAEL SIMON/startraksphoto.comAccording to a court transcript obtained by The Post, plaintiffs’ lawyers claimed that Dolan meanwhile admitted to spying on and then firing MSG Sphere executives who wanted to disclose the Las Vegas venue’s skyrocketing price tag.
In a letter dated Feb. 2, 2021, Jayne McGivern and Gokay Urenay told Dolan the estimated construction costs for the Sphere had risen 11% – from $1.66 billion to $1.842 billion. according to court documents.
Yet Dolan allegedly tuned out the major red flag. MSGE in its quarterly earnings filed Feb. 12, 2021, said Sphere costs would be $1.66 billion and that the “cost estimate is subject to uncertainty,” according to SEC documents.
“Mr. Dolan wanted no business with these projections,” plaintiffs’ attorney Scott Tucker argued in court records. “He refused to acknowledge them or discuss the estimates.”
The New York Knicks owner could lose hundreds of millions in the MSGN suit. Getty ImagesWhen MSGE filed its next quarterly earnings on May 7, 2021 — after inking the merger agreement — MSGE finally admitted that costs related to the Sphere had “increased by approximately 10%,” according to SEC documents.
Meanwhile, an allegedly vindictive Dolan directed MSGE’s top security officer to snoop on McGivern and Urenay by digging into the executives’ emails and then covertly recording them “to manufacture reasons to fire them,” Tucker claimed, according to court documents.
McGivern and Urenay were forced out of the company after the merger around June 2021, according to sources.
McGivern could not be reached. Urenay was reached and declined to comment.
In a deposition, lawyers for Dolan defended his right to spy on the execs.
“Reading emails … is a normal thing for corporations to do, and it’s important to the security of a corporation. There’s nothing nefarious about it,” said Matthew Schwartz of Sullivan & Cromwell, according to the court transcript.
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