Why Don't We's multi-year litigation against their former management closed with a twist ending — but missing evidence could have changed everything.

The disbanded group wrapped their legal battle on Feb. 27 after they were sued for defamation by Signature Entertainment and David Loeffler. Additionally, in court documents obtained by The Mirror, they were accused of breaching their contract. The band hit back, alleging Loeffler breached his fiduciary duty. After three weeks of trial, the jury returned with a mixed verdict.

Each member, Zach Herron, Jack Avery, Jonah Marais, and Corbyn Besson, was ordered to pay only $1 after being found liable for breaching their contract. Daniel Seavey, who was also a member of the band, previously removed himself from the legal battle after filing for bankruptcy and was exempt from the judgment. As for the additional complaints, the young artists were also found liable for defamation while Loeffler was found liable for failing to live up to his fiduciary duty with their fines canceling out.

However, a key piece of evidence might have changed the court's decision. In the years leading up to the trial, an audio leaked online in which a voice, which is allegedly Loeffler's, was heard shouting at Herron. About the youngest band member ordering a Caesar salad, he is heard allegedly screaming, "Zach has not earned the f-----g right."

The leaked audio sent fans into a frenzy online as they advocated for the band to be released from their contracts which they, with this new information, believed to be unjust. However, the jury never heard the audio.

While the band's attorneys argued for it to be admitted into evidence, it was eventually thrown out of court by Judge Chad K Alvaro. Loeffler's attorneys objected to the use of the audio out of concern for the music executive's privacy as they claimed it was recorded without his knowledge and consent, jeopardizing his privacy.

After hearing the argument, Alvaro determined he would give the artists' attorneys an opportunity to "lay the proper foundation for admissibility" at trial. Phillips pushed back, asking the court for further assurance that the evidence could be used before hitting the courtroom.

In a motion to reconsider, obtained by The Mirror, Phillips argued that "there was no reasonable expectation of privacy" as the audio was recorded in California in Phillips' house. He noted that there were additional guests, the house served as a place of business, and content was frequently filmed on the property "which included Loeffler himself, for posting to social media to increase fan engagement; and there is no evidence that Loeffler or anyone else intended this particular conversation to NOT be recorded or kept confidential."

His motion further stressed that the "2017 recording is a key piece of evidence because it is a recording of Loeffler verbally and emotionally abusing the band members in 2017—years prior to the band members’ public statements regarding the abuse."

The motion to reconsider was denied and at trial, the audio was ultimately not used. Loeffler historically and continuously denies all allegations of abuse.