Billboard has put together another update on the legal limbo in which Hawthorne Heights finds itself. With an estimated 25 songs written and a producer lined up, Hawthorne Heights is ready begin work on its third album but outstanding "legal aspects" are still holding things up.

Earlier this year, the Dayton, Ohio, quintet did some pre–production on the new material with producer Howard Benson (Daughtry, Hoobastank) but the band remains caught between indie Victory and major label EMI Records. The group is still battling its label, Victory Records, and its president, Tony Brummel, in Chicago federal court, claiming damage to the group's reputation and its relationship with its fans.

Brummel countersued the band and Virgin Records, who he claimed was trying to steal Hawthorne Heights away. There are also outstanding copyright ownership and trademark infringement issues. Judge James Moran has ruled that Hawthorne Heights' contract with Victory does not prohibit the band from recording for another company but that the group still owes Victory two more albums.

On top of that, the band's management firm is in the midst of a bitter dispute over royalties from merchandise and recording.