The New York State Court of Appeals affirmed two previous decisions dismissing lawsuits filed by the heirs of Duke Ellington which claimed the use by Pryor Cashman client EMI of affiliated foreign subpublishers constituted “double dipping” and demanded payment of foreign royalties.

While recognizing that the music industry has changed since Ellington signed the deal in 1961 -- the foreign subpublishers were independent entities in 1961, not part of EMI -- the Court decided that "clear and unambiguous" provisions govern EMI's obligations to Ellington's heirs.

Donald Zakarin, Chairman of Pryor Cashman’s Litigation Group, along with associates Bryan Mohler and Benjamin Akley, represented EMI in the litigation in the lower courts and on appeal.

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