Admitted to Practice | New York, 1992 | | U.S. Court of Appeals 2nd Circuit, 1997 |
| Carolyn Foley is a general litigator with a sub-specialty in First Amendment litigation. Her clients vary from print and online publishers, cable channels and radio stations, to start-up businesses, clothing manufacturers and commercial banks. She regularly defends defamation and privacy cases, asserts the reporter's privilege, and enforces the First Amendment right of access to information. Carolyn also litigates false advertising claims, copyright disputes, royalty disputes, breach of contract claims and provides pre-publication counseling. Selected Experience Successfully defeated plaintiff's request for a temporary injunction that would have required websites to take down certain articles and accompanying reader comments in this defamation claim. (N.Y. Cnty. Sup. Ct. Ongoing) Represented nonparty witness McGraw-Hill in assertion of reporter's privilege in response to subpoena issued in this Texas breach of contract action. (190th Dis. Ct. Harris Cnty. 2010) Handled litigation involving attempts to compel discovery of information held in foreign country. (2010) Successfully defeated plaintiff's motion for preliminary injunction seeking to halt broadcast of television ad in this false advertising action. Plaintiff later withdrew the complaint. (S.D.N.Y. 2010) Defended startup jewelry company in breach-of-contract action brought by employee. Settled. (N.Y. Cnty. Sup. Ct. 2010) Defending publisher in royalty dispute between competing parties claiming royalties due on certain works of the author Khalil Gibran. Settled. (S.D.N.Y. 2010) Successfully defended former principal of Khalil Gibran International Academy (Brooklyn, N.Y.) in defamation suit brought by opponents of the school. Motion to dismiss granted and appeal dismissed. Springer v. Almontaser, 75 A.D.3d 539, 904 N.Y.S.2d 765 (N.Y. Cnty. Sup. Ct. (2d Dept.) 2010) Successfully defended distributor of 'Chicken Soup for the Soul' series of books in action brought in Connecticut State Court by former publisher for injunctive relief that would have prevented distribution of new books in the series. (Stamford (Conn.) Sup. Ct. 2009) Represented McGraw-Hill in its assertion of reporter's privilege in response to administrative subpoena issued in a proceeding before the Federal Energy Regulatory Commission. (F.E.R.C. 2009) Represented 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. (D. Nev. 2009) Additional Qualifications Professional and Community Activities
- Adjunct Professor, Mass Media Law, St. John’s University School of Law, 2009-present
- Member, Forum on Communications Law; Co-chair, Women in Communications Law Committee – American Bar Association, 2008-2009
- 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
- Dartmouth Lawyers' Association
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Education J.D., New York University School of Law, 1991 B.A., Dartmouth College, 1988, cum laude | |