The question of whether documents relating to the PR strategy of singer/rapper Kesha are entitled to protection under attorney-client privilege has become part of the defamation case that her former manager, Lukasz "Dr. Luke"Gottwalt, has filed in Manhattan Supreme Court.
Gottwalt’s defamation suit is the latest step in a legal tussle that extends back to October 2014 when Kesha filed suit against him, “claiming sexual assault and battery, sexual harassment, gender violence, civil harassment, unfair business, and intentional and negligent infliction of emotional distress.”
Kesha’s communications with entertainment PR firm Sunshine Sachs are at the center of controversy. Her lawyers at O’Melveny contend that Sunshine Sachs "is an arm of Kesha's legal team no different than a document vendor or economic consultant.”
Gottwalt’s attorneys at Mitchell Silberberg say that Kesha “orchestrated a press strategy and public campaign to brand Gottwald a rapist (falsely) in order to coerce him to 'settle.'” They also note that “documents to or from the PR Agents are not privileged as they are obviously intended to facilitate the development of a media strategy.”
While New York Supreme Court Justice Shirley Kornreich has ruled that some documents must be produced by Sunshine Sachs, the singer’s attorneys are still withholding others.