Keystone Law media litigator Lawrence Abramson has successfully advised California-based record labels Drive-Thru Records and War Road Music in setting aside an order for service out of the jurisdiction obtained by Ditto Music, a digital distributor of music to online stores. The case has now been dismissed.
The case concerned a claim brought against the labels by Ditto, who alleged that they breached the implied terms of a digital music licensing agreement, including failing to provide their master recordings to Ditto and for using advances other than for reasonable and necessary expenditure on band promotion activities.
The labels have also issued a claim against Ditto in New York for failure to pay advances due under their agreement.
The Master found that Ditto had not shown that England was the appropriate forum for the trial of the dispute between the parties. As such, he set aside the order for service out of the jurisdiction and dismissed the case. All future proceedings will now be heard in New York.
Commenting on the ruling, Lawrence Abramson said: “This ruling came as a relief to my clients who will now be able to have their dispute heard in a forum much closer to home.”
Keystone Law instructed Lisa Lacob of 3 Verulam Buildings on the application.