| Radio & Television BroadcastOur broadcast team features lawyers who are fully dedicated to the industry, experienced in all facets of the law relating to radio and television broadcast operations. Every day we deal with clients on broadcast transactions, regulatory and intellectual property issues and litigation for our clients spread across the county, with stations in every state.
Our attorneys are involved in the industry, speaking regularly at industry and trade conferences and association meetings. Rarely will you go to an important industry event where a Davis Wright Tremaine attorney is not in attendance, and you will regularly see our attorneys quoted on broadcast matters in the trades as well as in the popular press. We also write the Broadcast Law Blog, which is visited every month by thousands of industry professionals, journalists and government insiders. The blog has in-depth articles on legal and industry developments and trends, as well as advisories on current legal issues, court rulings and FCC proposals, and reminders of critical regulatory deadlines.
We represent single-station licensees, group owners and trade and state broadcast associations across the country. We also advise broadcast lenders, program producers, consultants and others involved in the industry. We regularly work with all the professionals who are key to your success, including engineers, investment bankers, financial analysts and media brokers.
Our practice includes one of the most active broadcast transactional practices in the country. We help clients every day with all the FCC regulatory requirements in this industry, which is rapidly being re-regulated after years of deregulation. For instance, our attorneys are among the most prominent in dealing with broadcasters’ First Amendment and indecency issues. We are also in the forefront of all digital issues, representing broadcasters and Webcasters not only in connection with their over-the-air digital transitions, but also on music licensing and other regulatory and transactional needs in connection with their Internet operations.
For programmers, we regularly deal with the pre-broadcast review obligations, as well as the ins and outs of the FCC’s political broadcasting rules and regulations, and we help protect your open access to governmental information.
We also help support clients on their advertising law, copyright and trademark needs.
Our in-depth experience enables us to provide quick response to your questions, meeting your needs for both timeliness and cost-effectiveness. And given our long history in the industry, chances are that no matter how complex or obscure the issue you might face, we likely have someone with experience in exactly that area. For the rest of your diverse business needs, we can easily draw on the resources of our full-service law firm to help you in a range of other areas, including corporate finance, real estate and employment. |
Selected Experience Wells Fargo Foothill, Inc. Ongoing Represents a large media lender in its loans to broadcast companies. The Australian Broadcasting Corporation Ongoing Defending the Australian Broadcasting Corporation against claims of defamation and copyright infringement allegedly arising from television program about plaintiff's credentials as a media expert concerning counter-terrorism in Afghanistan and related Web postings. Motion to dismiss granted; appeal to 2nd Circuit dismissed. Comedy Central, Showtime Networks, Smithsonian Networks, Versus, truTV and others Ongoing Regularly provide production and pre-broadcast advice for television programs, webcasts and documentary films, including "South Park," "Drawn Together," "Lil Bush," "Reno 911," "Sleeper Cell" and "Californication." NRC Broadcasting, Inc; NRC Broadcasting Mountain Group, LLC Ongoing Represents a startup radio station group in acquiring 12 stations in Denver and other Colorado markets. Ongoing Represents many broadcasters in their tower leasing and acquisition transactions. Gormally Broadcasting, LLC, Springfield, MA, WBKISLG, LLC, Louisville, KY Ongoing Represents smaller television station operators for their acquisitions, finance and general broadcast matters. ZGS Communications, Inc. Ongoing Represent a growing Spanish-language television station group for its acquisition and finance matters, corporate and general broadcast regulatory and operations issues. Transactions include two full power and four Class A television stations. Air America Radio, Randi Rhodes 2008 Secured summary judgment dismissing libel suit which alleged that, on her radio program, talk show host Randi Rhodes made false allegations about CACI interrogators who worked at the Abu Ghraib prison in Iraq. Affirming summary judgment, the 4th Circuit Court of Appeals held that Rhodes statements were either not made with actual malice, based on findings of military investigations and news accounts, or were nonactionable hyperbole. CBS Corp. 2008 Represented CBS in a case challenging the FCC's indecency finding and $550,000 forfeiture penalty levied against CBS for the 2004 Super Bowl halftime show featuring Janet Jackson and Justin Timberlake. (3rd. Cir.) CBS Television Network 2008 Represented CBS Television Network in Fox Television Stations, Inc. v. FCC before the 2nd Circuit and the Supreme Court in a challenge to the FCC’s application of broadcast indecency rules to “fleeting expletives.” (2nd Cir.) ACLU 2008 Represented ACLU as amicus curiae in successful argument that state criminal libel statute is unconstitutional (186 P.3d 1094). Local broadcaster 2007 Represented broadcaster in obtaining land use permits to expand broadcasting facilities for digital transmissions and defending those permits against challenges before the Oregon Land Use Board of Appeals. Meredith Corp. 2007 Defended defamation claim brought against a television station arising out of a news broadcast. H&M Communications Group 2007 Lead defense counsel in action alleging misappropriation of trade secrets, unfair competition and breach of contract. Obtained dismissal with prejudice on behalf of client. Discovery Communications 2007 Defended breach of contract and fraud action related to acquisition of online educational technology, which was successfully resolved after extensive discovery. Smithsonian Networks 2007 Clearance of music rights for the television broadcast by Smithsonian Networks of a concert tribute to Ella Jenkins entitled "Cellabration!" Clear Channel Communications 2006 Obtained dismissal of defamation and invasion of privacy claims. CBS Corp. 2005 Obtained summary judgment for employer in harassment and retaliation case, and prevailed on appeal to the 9th Circuit. 427 F. 3d 1177 (9th Cir. 2005). Univision 2005 Represented Univision network in acquiring several full power television stations. Local broadcaster 2004 Granted summary judgment dismissing false light, intentional infliction of emotional distress, and outrage claims by former public official. CBS Outdoor 2003 Represented client in successful challenge to county sign ordinance. British Broadcasting Corporation (BBC) 2001 Defended the BBC against copyright infringement, defamation, and Lanham Act moral rights claims arising from BBC documentary regarding gun running in Florida for the IRA. Song used by New York Irish radio station as theme song plays in documentary without synch license. Defamation claim dismissed; thereafter settled. ACME Communications, Inc. 1999 Represented ACME Communications, Inc. in acquisitions of 10 full power television stations. ABC Counsel for intervenor CBS, Inc., in challenge to FCC indecency finding against "NYPD Blue." CBS Broadcasting Defended CBS Broadcasting and investigative reporter in defamation suit arising from television news report about telemarketing practices. Obtained dismissal of all claims under anti-SLAPP statute and award of attorneys’ fees. * Denotes experience completed at a prior firm | |