2002-2004

In 2002, the band expressed a strong desire to leave their management company, The Firm. Carter chose to remain with The Firm to manage his solo career[citation needed]. It became apparent that this was reason for their lack of resistance to the Backstreet Boys moving on and this unexpected move forced the band to take a break[citation needed]. Starved for a blockbuster album release, Jive, according to industry observers, had no choice but to bank on releasing Carter's solo album by the end of the year, ahead of the next Backstreet Boys' album, which was due in early 2003.

In 2002, Nick Carter's solo album Now or Never was released. The album peaked at #17 on the Billboard 200 and was certified Gold.

The relationship with Jive worsened when the Backstreet Boys filed a $75-100 million lawsuit against Zomba Music Group (Jive’s parent company) claiming breach of contract. The group stated the label promoted Nick Carter's solo album Now or Never at the expense of the group who wanted to promote their fourth album. According to the suit, in November 1999, the Backstreet Boys revised their 1994 contract and committed to releasing two further albums for Zomba. In exchange for delivering them on time as part of a predetermined schedule, the group would receive multiple non-returnable payments that would serve as advances against future royalties.[citation needed]

During their break, Kevin starred on Broadway's Chicago and Nick released his solo album; Brian, Howie, and AJ all worked on their solo records. In November of 2003, Brian's wife Leighanne gave birth to the couple's first child, Baylee Wylee Littrell. In December 2003, McLean appeared on the Oprah Winfrey Show where he talked for the first time in public about his addiction to alcohol and drugs, and his struggles rising to fame. The rest of the band surprised him by arriving in person to give him support, marking the first time the Backstreet Boys had appeared together in public in almost two years. The band began to reform and reconcile their differences to start recording a comeback album.

In 2004, the Backstreet Boys started performing together to promote their return to the music scene. In September they kicked-off a small Asian tour, visiting Beijing, Shanghai, Tokyo, as well as Manila. Then, based on the success of this tour, they announced a Mexican tour, visiting Mexico City and Monterrey, performing all new material. Renewed interest grew with the announcement of airing an hour long televised documentary of the Backstreet Boys on VH1's Behind The Music.