Wednesday, September 7, 2016

Musical Conflicts: Tik Tok / Hear Me Roar

A few conflicts allegations making noise in the media. (Given the pop culture nature of the players involved, we now find ourselves linking, quite certainly for the first time, to reporting from “Teen Vogue.”)

Judge Who Tossed Out Kesha’s Dr. Luke Case May Have Had Conflict of Interest --
  • "Kesha has been going through a lengthy legal battle with Dr. Luke, in which she accused him of sexual assault. Earlier this month, it was reported that she dropped all charges against him and is choosing to focus on her music. Kesha explained to fans how she isn't going to let anything get in the way of her dreams and is happy with her decision to tour with her new band Kesha and the Creepies."
  • "However, reports are coming to light that the judge who dismissed her case in April may have had a conflict of interest. According to the New York Post, it appears New York Supreme Court Justice Shirley Werner Kornreich is married to Ed Kornreich, a partner at the Proskauer Rose law firm, whose clients include Sony/RCA Records — which own Dr. Luke's Kemosabe record label."
  • "'Judges are required under the New York state canon of judicial ethics to avoid even the appearance of impropriety,' legal expert Troy Slaten told E! News. 'This means judges are not supposed to preside over cases where they have an actual or potential financial interest in the outcome. The rules go so far as to say that even somebody in the judge's family should not have a financial interest in the outcome of litigation.' He went on to say, 'Kesha's lawyers could now be in a position to seek that every ruling of this judge be redone by a new neutral and impartial judge who does not suffer from potential or actual bias. Basically, Kesha can probably get a do-over if she wants.'"
Note: They Daily Mail observes: “Ed Kornreich does not do any sort of entertainment law and is instead head of  the Health Care Department at Proskauer Rose... What's more, it was also lawyers from Proskauer Rose who represented Kesha herself back in 2011 when she and Dr. Luke were being sued for breach of contract by her former managers.”

Next on the playlist: "Hard Candy Wants Jones Day Out Of Katy Perry Makeup Suit" --
  • "Cosmetics maker Hard Candy urged a Florida federal court Thursday to disqualify Jones Day as opposing counsel in a trademark suit over the design of Procter & Gamble's Katy Perry CoverGirl products, citing the firm's hiring of an attorney who previously handled its trademarks."
  • "In a motion to disqualify, Hard Candy LLC pointed to Jones Day's July 25 hiring of Erika Handelson two weeks after she resigned from law firm Coffey Burlington PL, which is representing the cosmetics company in the current matter. Having worked at her previous firm for five years, Handelson served as a 'key associate' for Hard Candy's trademark matters, including being listed as attorney of record with the U.S. Patent and Trademark Office for the trademarks at issue in this case, according to the motion."
  • "Handelson, who resigned from Coffey Burlington prior to the July 18 filing of the case, has not made an appearance for either side, but Hard Candy says she was involved in multiple discussions with Groisman regarding the suit, including legal theories underlying its trademark infringement claims and a review and analysis of both the allegedly infringing products and Hard Candy's products. She also had been responsible for day-to-day monitoring of Hard Candy's trademark holdings and took part in related litigation and strategic discussions on the strength of its trademarks."
  • "The lawsuit claims that beginning in spring 2016 The Procter & Gamble Co. infringed a number of Hard Candy’s design trademarks for lipstick and eyeliner products with a line of 'Katy Perry CoverGirl' products that use similar visual cues on the lipstick tubes."

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