What do pop singer Kesha, hotel owners and countless other parties to commercial contracts have in common? All have recognized that this is a free country, and that parties to a contract may freely choose to cease performing subject to mutual damages claims for breach of contract.

The case between Kesha and record producer Dr. Luke, pending in New York County’s Commercial Division, continues to garner significant media attention at every turn. Most recently, the court denied Kesha’s request for a preliminary injunction blocking Dr. Luke and his related companies, along with Sony Music Entertainment, from enforcing exclusive recording and publishing agreements entered into by Kesha with a number of Dr. Luke entities.

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