Kesha Can Compel Records From Sony in Ongoing Battle With Ex-Producer, Appeals Court Affirms
The Appellate Division, First Department has affirmed that the pop singer can compel Sony Music Entertainment to identify people interviewed in its internal investigation that examined Kesha's claims of sexual misconduct by her ex-producer, once known as Dr. Luke.
May 09, 2019 at 12:28 PM
3 minute read
As the now four-and-a-half-year-long legal dispute between Kesha and her former producer continues in New York court, a state appeals panel has ruled that the pop singer can compel Sony Music Entertainment to identify people interviewed in its internal investigation that examined Kesha's claims of sexual misconduct by the producer.
The decision by an Appellate Division, First Department panel affirms a 2018 lower court ruling that allowed Kesha's motion to compel against nonparty Sony Music Entertainment.
The panel turned back Sony's arguments that handing over the interview lists would violate certain privileges, including attorney-client privilege between Sony and its outside counsel, Gibson, Dunn & Crutcher.
“Although Sony's outside counsel stated that he prepared the interview lists for Sony's defense of Kesha's allegations, there was no legal advice, no legal recommendations or attorney thought processes revealed in the interview lists,” the panel wrote, citing State of New York ex rel. Murray Baumslag.
It added, “Nor do they [the interview lists] appear to have been solely or primarily prepared for preparation of Sony's defense to Kesha's counterclaims against it,” citing Bank of New York v. WMC Mortgage.
The legal warfare between Kesha and her former producer Lukasz Gottwald—who also was known as Dr. Luke, according to court documents—has spanned multiple jurisdictions, from California to New York, and has included a number of claims and counterclaims.
In Manhattan Supreme Court, Gottwald filed a lawsuit in 2014 alleging that Kesha breached an exclusive recording agreement and also defamed him by accusing him of abuse.
Kesha later filed counterclaims alleging that Gottwald sexually assaulted her and discriminated against her over a number of years.
In 2016, Manhattan Supreme Court Justice Shirley Werner Kornreich dismissed the sexual assault and discrimination counterclaims lanched by Kesha, whose full name is Kesha Rose Sebert.
Kesha was first signed in 2005 to Dr. Luke's label called Kemosabe Records, according to news reports, and the singer has been trying for years to be released from the record label contracts as Dr. Luke has sued her for breach.
Kemosabe is reportedly a subsidiary of Sony.
Kesha also filed suit in California but later dropped the action, news reports say.
The First Department panel's May 2 opinion affirmed a 2018 decision on the motion to compel rendered by Manhattan Supreme Court Justice Jennifer Schecter.
Panel Justices John Sweeny, Judith Gische, Troy Webber, Marcy Kahn and Peter Moulton also affirmed a decision by Schecter to allow Gottwald leave to amend a second amended complaint to include allegations related to Kesha's agents' allegedly disseminating defamatory statements.
Kesha is represented by O'Melveny & Myers, including by partner Leah Godesky. Godesky couldn't be reached for comment.
Gottwald is represented by Mitchell Silberg & Knupp, including by partner Christine Lepera, who also couldn't be reached.
Sony Music Entertainment's counsel is Gibson, Dunn & Crutcher. Firm partner Gabrielle Levin could not be reached.
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