In this week's post, we look at how claims of defamation can be incredibly difficult to win, but a recent ruling by the New York Supreme Court demonstrates that victims can still win even if they are well-known in their industry.

Also, 5 tips in drafting a Managed Services Provider ("MSP") Agreement.

Judge Rules Against Kesha, Finds Kesha Liable for Defamation

Involving huge names like Lady Gaga and Kesha, the New York Supreme Court was under a microscope when deciding another chapter in the long legal battle between pop artist Kesha and music producer Lukasz Gottwald, also known as “Dr. Luke.”  

The long legal battle between Kesha and Dr. Luke began in 2014 when Dr. Luke sued Kesha after Kesha made public remarks that Dr. Luke, her music producer, had been sexual assaulting her for years.  While Dr. Luke sued Kesha for defamation, Kesha counter-sued, asking courts to void her business contracts with Dr. Luke.  Although the courts eventually ruled against Kesha on her business contracts suit, Kesha has already announced her plans to appeal.

While many critics were already doubtful that Kesha would be able to successfully extract herself from the business contracts with Dr. Luke, many were actually surprised that Dr. Luke won on his claims of defamation.  Claims of defamation have always been notoriously difficult to win, especially when celebrities are involved.  Because there are typically many defenses available to a defendant, Dr. Luke’s victory against Kesha was surprising to many.

Find the full article here.

5 Tips in Drafting an MSP Agreement

A Managed Services Provider Agreement (“MSP Agreement”) represents the understanding relating to a IT service provider’s work for a client. A clear and comprehensive MSP Agreement can prevent disputes between clients and service providers caused by misunderstandings or differing expectations.

Although every professional services transaction has unique nuances and challenges that must be adequately addressed in the MSP Agreement, some key areas of an MSP Agreement include: choice of law and forum; scope of work; confidentiality; independent contractor relationship; and ownership of intellectual property.

Read about the 5 tips here.

Click to read the previous Weekly IP Buzz on Thriving Attorney.

For more posts, see our Intellectual Property Law Blog.

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.