David Lowery Legal Team Files Motion Addressing Spotify's Forthcoming Publishing SettlementPDF
Michelman & Robinson and Partner Mona Hanna were featured in the article “David Lowery Legal Team Files Motion Addressing Spotify's Forthcoming Publishing Settlement,” published in Billboard April 20, 2016. The piece addresses the latest development in M&R client David Lowery’s $150 million class action lawsuit against Spotify. Plaintiffs have requested “corrective action to prevent misrepresentations to putative class members,” expressing concern that Spotify and the National Music Publishers’ Association (NMPA) may be misleading potential class members to hastily waive their rights by signing on to the recent “clandestine” settlement between Spotify and NMPA. Interviewed for the article, Mona Hanna shares that “we are hopeful that this motion will allow for greater transparency with respect to the comments that have been reported and allow the court to evaluate the proposed agreement between NMPA and Spotify so that the putative class can be in a position to determine the reasonable and fairness of the proposed agreement.” Most notably, NMPA members who opt in to the settlement with Spotify will be unfairly required to waive their claims against Spotify (including their right to join the current class action) – this is despite the fact that these publishers and songwriters are already entitled to these royalties as a matter of law, and thus need not waive anything in order to recover what they are owed.