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New York court rules that Sony has to tell Kesha the names of interviewed persons in internal investigation about Dr. Luke

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TomTom2288    5,946
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Sony Must Tell Kesha Who It Interviewed in Dr. Luke Investigation

Meanwhile, court documents point to involvement in this case from Adam Levine, Kelly Clarkson, Pink, and other star musicians.

A New York judge has ordered Sony Music to disclose the identities of those it interviewed for an internal investigation into Lukas "Dr. Luke" Gottwald. 

Dr. Luke is pursuing defamation claims against Kesha, and the defendant still intends to argue that her allegations of rape against the producer were truthful statements. The case is in near the end of the discovery phase, and Kesha has sought to find out what Sony knows. Accordingly, Kesha has aimed to compel Sony to produce the names of those interviewed. In response, the music giant argued that such information was protected by attorney-client privilege. 

In a decision today, New York Supreme Court Justice Jennifer Schecter acknowledges as Kesha has that there are many federal district court opinions holding that the disclosure of interview subjects during a company's internal investigation may constitute attorney work product.

However, Schecter credits Kesha's argument that the scope of privilege isn't identical in federal and state courts and that there's at least one case decided by a New York appellate court holding that interviewee lists do not qualify as attorney work product because they are not uniquely the product of a lawyer's learning and professional skill.

Moreover, Schecter points out that federal precedent only protects an interviewee list where disclosure would actually reveal legal strategy.

"Sony does not... ultimately provide a detailed or convincing explanation of how or why disclosure of the subject interviewee list would reveal legal strategy in this instance," writes Schecter.

A footnote in the decision explains that Sony hasn't shown its investigation was conducted in anticipation of litigation as opposed to figuring out whether or not to continue to work with Dr. Luke. Schecter adds that Sony is no longer a party in the case, and that Kesha has articulated a need for this information.

This represents a small win for Kesha as well as a potential concern for other corporations doing internal investigations in the era of #metoo that might find witness lists to be fodder for discovery.

Meanwhile, Kesha and Dr. Luke continue to fight with each other over whether he can expand the focus of this case to include dozens of statements in the press after the lawsuit was filed. On Friday, a score of new exhibits were filed, and while most remain under seal, the court activity reveals depositions from Stefani "Lady Gaga" Germanotta, Adam Levine, and Kelly Clarkson as well as affidavits submitted from Alecia "Pink" Moore and Avril Levigne.

https://www.hollywoodreporter.com/thr-esq/sony-tell-kesha-who-it-interviewed-dr-luke-investigation-1124512

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Drake    40

Finally a win for Kesha and I noticed this is a different judge.

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TomTom2288    5,946
6 minutes ago, Drake said:

Finally a win for Kesha and I noticed this is a different judge.

Yeah!!! Fuck Shirley. She got another win yesterday when Avril and P!nk signed these sworn affidavits!

The preconditions in Dr. Luke's defamation lawsuit are much better for her than they were in her own lawsuit.

OT: Welcome to the forum! hug1

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Dan    11,438
5 minutes ago, TomTom2288 said:

She got another win yesterday when Avril and P!nk signed these sworn affidavits!

I think those were signed back in like March though jj3 

 

BUT,

Yay for this cry7 Hope it leads to something.

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Chris Morlock    35,138
6 minutes ago, TomTom2288 said:

Fuck Shirley.

fuck her all the way to the 1st circle of hell with a cactus in every surface hole. scream2 

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TomTom2288    5,946
2 minutes ago, Dan said:

I think those were signed back in like March though jj3 

 

I know, but I mean it became public yesterday jj2

2 minutes ago, Chris Morlock said:

fuck her all the way to the 1st circle of hell with a cactus in every surface hole. scream2 

ny6ny6ny6

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Drake    40
13 minutes ago, TomTom2288 said:

Yeah!!! Fuck Shirley. She got another win yesterday when Avril and P!nk signed these sworn affidavits!

The preconditions in Dr. Luke's defamation lawsuit are much better for her than they were in her own lawsuit.

OT: Welcome to the forum! hug1

I have a feeling the previous judge is biased. Can’t they use this judge instead? She seems to be fair.

 

Thank you, I’ve been browsing these forums since last year. I post every now and then. 

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TomTom2288    5,946
3 minutes ago, Drake said:

I have a feeling the previous judge is biased. Can’t they use this judge instead? She seems to be fair.

 

Well, "feeling" is an understatement jj2

Quote

Judge Shirley Kornreich who presided over the trial is married to lawyer Ed Kornreich who is a partner in legal firm Proskauer Rose who represent Sony/RCA.[42][43]

 

3 minutes ago, Drake said:

Thank you, I’ve been browsing these forums since last year. I post every now and then. 

Oh, ok. I thought you were a new member because you have so few posts wendy3

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Drake    40
10 minutes ago, TomTom2288 said:

Well, "feeling" is an understatement jj2

 

Oh, ok. I thought you were a new member because you have so few posts wendy3

No problem! Yeah I saw she was married to a Sony lawyer. Why did they let her continue this case is beyond me. Unless it’s expensive to do a retrial (If that’s what they do).

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Chris Morlock    35,138
10 minutes ago, TomTom2288 said:

Well, "feeling" is an understatement jj2

 

Oh, ok. I thought you were a new member because you have so few posts wendy3

yeah his profile says she joined 2016

14 minutes ago, Drake said:

I have a feeling the previous judge is biased. Can’t they use this judge instead? She seems to be fair.

 

Thank you, I’ve been browsing these forums since last year. I post every now and then. 

you should post more jj2 

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TomTom2288    5,946
1 minute ago, Drake said:

No problem! Yeah I saw she was married to a Sony lawyer. Why did they let her continue this case is beyond me. Unless it’s expensive to do a retrial (If that’s what they do).

That could be a reason. I mean, Taylor Swift donated $250k to Kesha to help her with the legal fees and Dr. Luke sold his $13 million LA mansion a few weeks ago (I assume he needs the money).

2 minutes ago, Chris Morlock said:

you should post more jj2 

I second this jj2

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Drake    40

Aww, thank you, guys! I’ll try and post more. Yeah, I think it’s expensive to do a retrial but I feel if they did, Kesha would have a fair trial the next time.

 

I’m wondering why there was a different judge this time. Although I am HAPPY that Kesha finally wins twice.

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TomTom2288    5,946
4 minutes ago, Drake said:

Aww, thank you, guys! I’ll try and post more. Yeah, I think it’s expensive to do a retrial but I feel if they did, Kesha would have a fair trial the next time.

 

I’m wondering why there was a different judge this time. Although I am HAPPY that Kesha finally wins twice.

One of my mutuals from ATRL said Shirley is the judge in the defamation lawsuit too, so either that's not true or this bid was a separate lawsuit from Kesha's side that's independent from the defamation lawsuit. I don't know it either...

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1 hour ago, TomTom2288 said:

I know, but I mean it became public yesterday jj2

ny6ny6ny6

The affidavits were uploaded on june 29, I'm digging into the court documents, soon I will say what I found

BTW it seems the judge has been officially changed to Jennifer Schecter 

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TomTom2288    5,946
Just now, Recycled stardust said:

BTW it seems the judge has been officially changed to Jennifer Schecter 

That would be amazing

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TomTom2288    5,946
6 minutes ago, Recycled stardust said:
1260  06/18/2018  EXHIBIT(S) Screenshot of posting on Flop of the Pops dated February 1, 2014  037  CHRISTINE LEPERA 

OMG we're in shock1

The screenshot is under seal so we don't know what topic is it...I think it could be this one: 

 

SCREAMING!

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