A Potential Lawsuit Against CEO Andy Byron Would Likely Fail

It was the meme seen around the world.

Former Astronomer CEO Andy Byron and CPO Kristin Cabot both resigned after the two were displayed embracing each other during a Coldplay concert kiss-cam segment in Foxborough, Massachusetts. Upon seeing their image on screen, Byron ducked out of view while Cabot covered her face and turned away. Coldplay band frontman Chris Martin commented, “Either they’re having an affair or they’re just very shy.” As it turns out, Byron and Cabot were indeed married to other people rather than each other.

After the concert, Byron and Cabot’s reactions were seen by billions of viewers online. Social media users began creating images of Byron and Cabot’s reactions on fictional couples in similar poses, such as Ronald McDonald and Wendy, Vladimir Putin and Donald Trump, Harry Potter and Hermione Granger, and Michael Scott and Holly Flax, among others.

After the incident, both Byron and Cabot resigned from Astronomer. An Astronomer spokesperson posted a statement on Twitter and LinkedIn stating, “Our leaders are expected to set the standard in both conduct and accountability, and recently, that standard was not met.”

There have been internet rumors that Byron is exploring a lawsuit against Coldplay and/or event organizers for emotional distress and invasion of privacy. To date, though, no lawsuit has been filed.

Invasion of Privacy in a Public Stadium

It is alleged that Byron may file a lawsuit for invasion of privacy. In Massachusetts, “a person shall have a right against unreasonable, substantial or serious interference with his privacy.” It is an invasion of personal privacy to disclose personal data where such disclosure will result in an unreasonable, substantial or serious interference with the privacy of a data subject unless the data subject or his authorized representative consents to such disclosure. Byron and Cabot certainly did not want the fact of their affair being disclosed to the entire world.

This claim of privacy would be fatally flawed in several ways. First, the concert took place in a stadium full of thousands. If Bryon and Cabot wanted privacy, they should have watched from home, where they would reasonably have expected privacy, not at the top of a stadium where everyone could see them with the naked eye. They assumed the risk of having their affair discovered by being in such an open place. Even without the kiss-cam, it was possible to see Bryon and Cabot embracing each other. The camera merely spotlighted them.

Second, it is not clear that Chris Martin or his camera crew even knew they were having an affair. As Martin stated, “Either they’re having an affair or they’re just very shy.” Bryon and Cabot’s behavior after the spotlight was evidence of an affair, but nobody knew until they behaved in a manner that highly suggested what they were doing could be considered inappropriate. Martin did not disclose their affair because Martin himself didn’t know they were having an affair until after the two began acting guilty.

Moreover, most publicized events contain a waiver and disclosure that participants may be filmed. Event tickets often include a laundry list of terms and conditions. Among them would be terms that let event organizers photograph, record, and broadcast the audience as part of the show. Assuming this standard term was part of Bryon’s concert ticket, then Bryon did, in fact, consent to being filmed while at the Coldplay concert.

Finally, the best defense Coldplay would have is simple: Bryon and Cabot shouldn’t have cheated on their spouses. Moreover, Bryon and Cabot were colleagues in positions of authority at their employment. Their behavior was apparently an open secret since some of their co-workers were right next to them. Their conduct could be evidence for an employment lawsuit against Astronomer for creating a hostile work environment. Employees might have felt pressured to sleep with managers in order to get raises, promotions, or benefits. After all, the CEO was sleeping with the human resources manager.

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