Admitted to Practice | New York, 1992 | | U.S. Court of Appeals 2nd Circuit, 1997 |
| Carolyn Foley focuses her practice on media and communications law, copyright/trademark litigation and commercial litigation. She regularly represents magazine publishers, newspapers, media coalitions, radio stations and others in the media industry in defamation and privacy cases, reporter's privilege and other news gathering matters, access to governmental information, copyright and trademark claims, and commercial disputes. She also provides pre-publication advice to many publishers. Selected Experience Simon & Schuster Ongoing Representing Simon & Schuster in an action brought by Health Communications, Inc., former publisher of the "Chicken Soup for the Soul" line of books. HCI unsuccessfully sought to enjoin Simon & Schuster from distributing 21 of the books in the "Chicken Soup" series published by the new publisher and distributed by Simon & Schuster. The former publisher and the current publisher are embroiled in a breach of contract dispute over the rights to publish "best-of" collections. After a three week bench trial in September 2008, the court denied the request for a preliminary injunction and dismissed all of the claims for liability that the old publisher had tried to assert against Simon & Schuster. Appeal pending. McGraw-Hill Ongoing Representing McGraw-Hill in its assertion of the reporter's privilege in response to subpoenas issued by plaintiffs and defendants in this multidistrict litigation pending in the District of Nevada. 2009 Successfully defended former principal of Khalil Gibran International Academy (Brooklyn, NY) in defamation suit brought by opponents of the school. Motion to dismiss granted. 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. Marvel Entertainment 2006 Represented collectibles manufacturer in licensing dispute with Marvel Entertainment. Media coalition 2006 Represented media coalition submitting amicus curiae brief in support of newsstand operators challenging new city regulations of newsstands. The New York Daily News 2005 Represented "The Daily News" in libel action on remand from N.Y. Court of Appeals. Settled. Atari Incorporated 2005 Defended Atari on T.R.O. and preliminary injunction regarding termination of copyright and trademark licenses for video games. The New York Times 2004 Attorneys with Davis Wright Tremaine represented a media coalition led by The New York Times in securing access to court communications with the holdout juror in this high-profile corruption trial of a Tyco executive. Yellow Book USA, Inc. 2004 Represented Yellow Book USA in a false advertising and product disparagement action brought by Verizon Directories Corp. concerning Yellow Book's advertisements and sales practices. Secured dismissal of product disparagement claim and successfully settled false advertising claim. Additional Qualifications Professional and Community Activities
- Member, Forum on Communications Law; Co-chair, Women in Communications Law Committee – American Bar Association
- Secretary, Board of Directors, Manhattan Neighborhood Network (Manhattan’s public access cable stations)
- Member, Committee on Communications and Media Law, 2004-2007; Secretary, Committee on Communications and Media Law, 2001-2007; Member, Committee on Women in the Law, 1995-1998 – New York City Bar Association
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Education J.D., New York University School of Law, 1991 B.A., Dartmouth College, 1988, cum laude | |