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Christine Lepera

Partner, through her Professional Corporation - new york

Experience

Legal Expertise

Christine Lepera focuses her practice on the entertainment and media industries as a litigator and strategic advisor. Christine is the Chair of the Music Litigation Practice Group and member of the firm's Governing Board. Her practice covers the landscape of entertainment/media disputes and issues, including claims of copyright and trademark infringement, unfair competition, right of publicity/privacy violations, and industry contract and commercial disputes. Christine has represented many leading entertainers and entertainment/media companies, including those mentioned in the representative matters below.

Representative Matters

  • Austin R. Post, professionally known as Post Malone v. Tyler Armes, United States District Court, Southern District of New York. Served as lead counsel representing Post Malone and the producer Frank Dukes adverse to a putative songwriter who brought claims of joint ownership in both the sound recording and composition of the hit song “Circles.”  The putative author’s claim for rights in the sound recording “Circles” was dismissed.  Court then granted summary judgment that the putative songwriter was not an author of the composition “Circles,” but could attempt to show joint authorship of earlier session material.  On the eve of a jury trial in March 2023, Christine reached a resolution in which it was resolved that the third party is not an author or copyright owner of any material including any session material in “Circles”  (March 2023).

  • William Ryan Key et al v. Jarad A. Higgins et al, United States District Court, Central District of California.  As lead counsel for the defense, represented Juice WRLD (and his estate) and other defendants in the recently dismissed copyright case brought by Yellowcard involving the hit single “Lucid Dreams" (July 2020). 
  • As lead counsel for defense in a copyright infringement case on behalf of defendants including Tim Mosely p/k/a Timbaland and another well known hip hop artist, involving the song “Paper Chase,” obtained dismissal of initial complaint based on deficiencies in failing to identify alleged substantial similarities between the subject compositions, which decision lends guidance and instruction on the importance of such pleading requirement (April 2020). 
  • Marcus Gray, et al. v. Katy Perry, et al., United States District Court, Central District of California. As lead counsel for defense in this music infringement case involving the hit Katy Perry single “Dark Horse,” obtained a victorious and highly important reversal of a jury verdict on a motion for judgment as a matter of law. The district court granted defendants’ motion to overturn the jury verdict of infringement on the ground that Plaintiffs could not prove substantial similarity in the music at issue as a matter of law. The court held that the 2013 song “Dark Horse” did not copy any protectable expression from Plaintiffs’ Christian rap song “Joyful Noise,” and that any music in common constituted music building blocks that could not be monopolized by Plaintiffs. In this largely unprecedented decision, recognized as highly significant in the music industry, the court applied key copyright doctrines that are in place to protect all creators—including those who create music—from claims of infringement based on the use of unprotectable expression (March 2020).

  • Lukasz Gottwald p/k/a Dr. Luke, et al. v. Kesha Rose Sebert p/k/a Kesha, et al., Supreme Court of the State of New York. Served as lead counsel for Dr. Luke in his decade long defamation case against Kesha Sebert in which many key rulings were established in his favor, and which was scheduled for trial in June 2023.  Shortly before the jury trial was to commence, Christine negotiated a favorable resolution for Dr. Luke, which required Sebert to post on her Instagram his statement that her allegations of assault were false, as well as her own statement acknowledging a lack of knowledge of that time  (June 2023). 

  • Estate of James Oscar Smith, et al. v. Cash Money Records, Inc., et al., United States District Court, Southern District of New York. In a seminal case involving the doctrine of fair use in a music copyright infringement case, obtained an appellate ruling from the Second Circuit for clients Aubrey Drake Graham, p/k/a Drake, Universal Music Group, and others, affirming the district court’s grant of summary judgment for defendants based on fair use. The appellate court agreed with the trial court that Plaintiff’s claim of infringement against Drake’s song “Pound Cake/Paris Morton Music 2” (from Drake’s album Nothing Was The Same) for use of a 1982 spoken word piece entitled, “Jimmy Smith Rap,” could not succeed, and was properly dismissed, on the ground of fair use (February 2020).

  • As lead counsel for defense, obtained judgment as a matter of law, following jury trial, on behalf of all Defendants, dismissing Plaintiff's copyright infringement claim that Timbaland and another well known hip hop artists' song "Big Pimpin" infringed his alleged copyright in an Egyptian composition (October 2015).
  • Reach Music Publishing, Inc., et al. United States District Court for the Southern District of New York. Won bench trial on counterclaim for tortious interference against Reach Music, for inducing writer of Run-D.M.C. compositions to breach contract with Protoons, Inc. (March 2015).
  • Ultra International Music Publishing, LLC and Ultra Records, LLC v. Michelle Phan, United States District Court, Central District of California. Represent Ultra in asserting claims of copyright infringement against Defendant in connection with, inter alia, Defendant's YouTube channel (2015).
  • Raymond L. Jones v. Goliath Artists, Inc., et al., United States District Court for the Northern District of Illinois, Eastern Division. Represent certain Defendants in defense of claim of infringement involving Eminem's song "Rap God" (2015).
  • Richard Sambora v. Nikki Lund, et al., Superior Court of the State of California for the County of Los Angeles. Represent Plaintiff in claims against Defendants for various tortious acts (2015).
  • Will Loomis v. Jessica Cornish p/k/a Jessie J, et al., United States District Court, Central District of California. Obtain summary judgment for UK artist “Jessie J” and other defendants in connection with alleged copyright infringement over song “Domino” (2013-2014).
  • Linda Elaine Good, et al. v. Tahliah Barnett, et al., United States District Court, Central District of California. Obtain dismissal of trademark-related TRO/preliminary injunction application against UK artist f/k/a/ “Twigs” and other defendants (2014).
  • Represent Aubrey Drake Graham p/k/a “Drake” in connection with copyright and trademark litigation (2015).
  • Obtained dismissal of right of privacy and related claims on behalf of TV production company and media defendants in connection with reality television program.
  • Represent prominent developer of Cut the Rope games in privacy litigation (2015).
  • Represent prominent independent music publishing company Round Hill in copyright related litigation involving "Spacehog" catalogue (2015).
  • Represent prominent independent music publishing company Songs Music Publishing in copyright and related litigation (2014).
  • Represent Emmy Award winning documentary film production company and other defendants in connection with trademark infringement claim involving media works (2014).
  • Represent The Black Keys in copyright/Lanham Act litigations (2012-2013).
  • Represent the band LIVE in connection with trademark and contractual disputes with former member (2012-2013).
  • Lukasz Gottwald p/k/a Dr. Luke, et al. v. Christina S. Jones p/k/a Chrissy, et al., United States District Court for the Southern District of New York. Won judgment on behalf of Plaintiff's that their song “Tik Tok” is not infringing of Jones’ composition.
  • Lukasz Gottwald p/k/a Dr. Luke, et al. v. David M. Bellamy, Homer Howard Bellamy, and Bellamy Brothers Music, United States District Court for the Middle District of Florida, Tampa Division (2011). Successfully represented composers Dr. Luke and Max Martin in copyright related litigation involving Britney Spears’ “Hold It Against Me.
  • Clement Brown, Jr. v. DeAndre Cortez Way p/k/a Soulja Boy, et al., United States District Court for the Eastern District of Michigan, Southern Division. Won motion to dismiss case (2011) involving trademark infringement claims against Soulja Boy and other defendants.
  • Jay Brian Ballard and Kim Jones v. Mary J. Blige, et al., United States District Court for the Central District of California (2010). Successfully represented Mary J. Blige and other defendants in copyright infringement litigation involving Blige’s “Take Me As I Am.”
  • Anger Management & Entertainment, Inc. v. Gregory Tribett, et al., Circuit Court of Cook County, Illinois. Obtained summary judgment (2010) for the band Mudvayne on a breach of fiduciary duty claim against the band’s ex-manager.
  • BMS Entertainment/Heat Music LLC, et al. v. Christopher Bridges, et al., United States District Court for the Southern District of New York. Obtained jury verdict (2006) on behalf of recording artists and songwriters Christopher Bridges p/k/a Ludacris and Kanye West, and music publisher EMI April Music in music copyright infringement case involving the 2003 hit single “Stand Up” written by Ludacris and Kanye West, which appears on Ludacris’ album “Chicken-n-Beer.”
  • Microhits Music Corp., et al. v. Arista Records, Inc., et al., United States District Court for the Central District of California. Won summary judgment (2006) on behalf of songwriters and performing and recording artists Antwan Patton and Andre Benjamin, p/k/a Outkast in a declaratory judgment action in which plaintiffs claimed joint copyright ownership in certain of Outkast’s recordings and compositions on their multi-platinum, award-winning album entitled “Speakerboxxx/Love Below.”
  • Won summary judgment (2005) on behalf of a well known hip hop artist and his production company, Marcy Projects Productions, on tortious interference claims asserted against them by Robert Kelly p/k/a R. Kelly based upon Kelly’s alleged improper termination from the artists’ “Best of Both Worlds” Tour in 2004.

Honors & Awards

  • "Power 100," Billboard (2023-2024)
  • "Legal Impact Report," Variety (2018-2023)
  • "Top Music Lawyers," Billboard (2016-2023)
  • "Women in Music," Billboard (2016, 2018-2020, 2022)
  • "Recommended Entertainment Attorney," Who's Who Legal: Telecoms Media & Entertainment 2024
  • “Best Lawyer, Litigation - Intellectual Property,” Best Lawyers in America (2020-2024)
  • “Best Lawyer, Entertainment Law - Music," Best Lawyers in America (2024)
  • “Best Lawyer, Entertainment Law - Motion Pictures and Television,” Best Lawyers in America (2020-2024)
  • “Leading Lawyer," Media & Entertainment: Litigation, New York, Chambers USA (2021-2023)
  • "Outstanding IP Practitioner," World Intellectual Property Review Leaders Directory, 2023
  • "Top Copyright Star," Managing IP (2021)
  • "NYC Power Lawyers," The Hollywood Reporter (2020-2021, 2023)
  • “Top 5% of lawyers in New York,” New York Super Lawyers (2006-2023)
  • "Power Lawyer," The Hollywood Reporter (2016-2018)
  • "Next Generation Lawyer" in Intellectual Property - Copyright, Legal 500 (2018)
  • "Recommended Attorney" in Intellectual Property - Copyright, Legal 500 (2017 & 2018)
  • "Litigator of the Week," The American Lawyer (Oct 22, 2015)
  • “50 Attorneys of Note in the Music Biz” Billboard Super Lawyers (2014)
  • Fellow, Litigation Counsel of America 
  • AV® Preeminent™ Rating, Martindale-Hubbell

Professional, Business and civic Affiliations

  • MSK Governing Board
  • Member, Trial Law Institute
  • Member, Diversity Law Institute
  • Past Chair, ABA Forum on the Entertainment and Sports Industries (Chair Term 2011-2013)
  • Editorial Advisory Board, Media & Entertainment Law360 (2013)
  • Board of Editors, Entertainment Law and Finance publication
  • AAA Panel of Arbitrators
  • Fellow, Litigation Counsel of America 
    • Barrister, Order of Veritas 
    • Advocate, Order of Certus 
  • Mediator for the New York Supreme Court, Commercial Division and the United States District Court for the Southern and Eastern Districts of New York
  • New York Bar Association, Committee on Intellectual Property of the Commercial and Federal Litigation Section
  • Former Vice Chair, Copyright Committee of the Intellectual Property Owners Association (IPO)
  • Copyright Society
  • Member, New York Women in Film and Television
  • NARAS, New York Chapter

Headlines

Headlines

Publications

Events & Speaking Engagements

Admissions

  • New York
  • U.S. District Court
  •    Southern District of New York
  •    Eastern District of New York
  • U.S. Court of Appeals
  •    Second Circuit
  •    Ninth Circuit
  • U.S. Supreme Court

Education

New York Law School, J.D.; summa cum laude

Drew University, B.A.; summa cum laude

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