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Drake attends the Toronto Raptors and the Sacramento Kings basketball game at the Scotiabank Arena on Nov. 2, 2024 in Toronto, Canada.
Legal News
Drake Can Seek Kendrick Lamar’s Record Deal & Other Docs in ‘Not Like Us’ Lawsuit, Judge Says
The label had argued that Drake's demands for evidence were premature and overbroad, but a judge says the discovery process can move ahead for now.
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A federal judge says Drake can move forward with discovery in his defamation lawsuit against Universal Music Group (UMG) over Kendrick Lamar’s diss track “Not Like Us,” allowing his attorneys to begin demanding documents like Lamar’s record deal.
UMG had asked Judge Jeannette A. Vargas to halt the discovery process last month, arguing that Drake’s case was so flawed that it would likely be quickly dismissed — and that the star was unfairly demanding “highly commercially sensitive documents” in the meantime.
But at a hearing Wednesday (April 2) in Manhattan federal court, the judge denied that motion in a ruling from the bench. The judge had hinted in earlier rulings that she does not typically delay discovery before deciding if a case will be dismissed, barring extraordinary circumstances.
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In response to the ruling, Drake’s lead attorney Michael Gottlieb said: “Now it’s time to see what UMG was so desperately trying to hide.” An attorney for UMG declined to comment, and a spokesman for the company did not immediately return a request for comment.
Following Wednesday’s decision, Drake’s attorneys will now continue to push ahead with seeking key documents and demanding to depose witnesses. But discovery in a civil lawsuit is a two-way street, opening a plaintiff up to scrutiny from accused parties seeking to defend themselves. UMG will seek vast swathes of sensitive materials about Drake, and will likely demand to depose the rapper himself.
Lamar released “Not Like Us” last May amid a high-profile beef with Drake that saw the two stars release a series of bruising diss tracks. The song, a knockout punch that blasted Drake as a “certified pedophile” over an infectious beat, eventually became a chart-topping hit in its own right and was the centerpiece of Lamar’s Super Bowl halftime show.
In January, Drake took the unusual step of suing UMG over the song, claiming his label had defamed him by boosting the track’s popularity. The lawsuit, which doesn’t name Lamar himself as a defendant, alleges that UMG “waged a campaign” against its own artist to spread a “malicious narrative” about pedophilia that it knew to be false.
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UMG filed a scathing motion seeking to dismiss the case last month, arguing not only that it was “meritless” but also ridiculing Drake for suing in the first place. Days later, the company asked Judge Vargas to pause discovery until she ruled on that motion, warning that exchanging evidence would be a waste of time if the case was then immediately tossed out of court.
But in a quick response, Drake’s lawyers argued discovery must go on because the lawsuit was not going anywhere: “UMG completely ignores the complaint’s allegations that millions of people, all over the world, did understand the defamatory material as a factual assertion that plaintiff is a pedophile.”
Though discovery is now moving forward, it’s unclear exactly what materials will be turned over; the scope of such requests is often heavily litigated. But in the earlier filings in the case, UMG attached the actual discovery requests filed by Drake’s team, detailing the materials his attorneys are seeking.
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Among many others, they want documents relating to decisions on “whether to omit or censor any lyrics” from “Not Like Us” during the Super Bowl halftime show; anything related to the promotion of the song on Spotify and Apple Music; and any communications with the Recording Academy ahead of Lamar’s string of award wins at the Grammy Awards in February; and “all contracts and agreements between you and Kendrick Lamar Duckworth, his agents, or anyone working on his behalf.”
This article was originally published by Billboard Pro.
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