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Sony Music Must Hand over Internal List over Kesha Sex Abuse Claims
As the now four-and-a-half-year-long legal dispute between Kesha and her former music producer Dr. Luke continues in New York court, a state appeals panel has decided 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. Gottwald v. Sebert, 653118/14. The decision by the New York Appellate Division, First Department, affirms a 2018 lower court ruling that allowed Kesha's motion to compel against non-party Sony Music Entertainment.
The appellate court 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 from 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 appellate division wrote.
The appellate court 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.”
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