February 02, 2016

Jenner & Block secured another victory for rapper Jay Z when a judge ruled that its dismissal of a suit accusing Jay Z of copyright infringement relating to one of his hit songs -- “Big Pimpin” –  for lack of standing – was a finding on the merits.  In October, US District Judge Christina A. Snyder ruled that plaintiff Osama Ahmed Fahmy lacked standing to pursue his claims because he contracted away his rights to the song “Khosara, Khosara,” which was composed by Fahmy’s deceased uncle Baligh Hamdy in the late 1950s.  In proposing a final judgment in the case, Fahmy argued that the dismissal of his complaint should be without prejudice. The defendants responded that the finding that Fahmy lacked statutory standing to assert his claim was a holding on the merits and that unless the action was dismissed with prejudice,  the ruling could prompt another lawsuit.  On February 2, 2016, Judge Snyder dismissed the suit with prejudice.  The team representing Jay Z included Partner Andrew H. Bart. The Ninth Circuit affirmed the ruling in May 2018.