Admitted to Practice | New York, 1982 | | U.S. Supreme Court, 1998 | | U.S. Court of Appeals 9th Circuit, 2000 | | U.S. Court of Appeals 2nd Circuit, 1996 | | U.S. District Court Southern District of New York, 1983 | | U.S. District Court Eastern District of New York, 1983 | | U.S. District Court Eastern District of Michigan, 2004 | | U.S. Court of Appeals 3rd Circuit, 2008 | | U.S. Court of Appeals 1st Circuit, 2010 |
| Elizabeth McNamara has more than 25 years of litigation and counseling experience in media and intellectual property law, representing publishers (books, magazines, newspapers and websites), television and radio broadcasters, cable companies and motion picture producers and distributors. Her litigation practice includes all areas of sophisticated IP, media and entertainment litigation at the trial and appellate level of federal and state courts, in such areas as libel, privacy, copyright, trademark, prior restraint and reporter's shield laws.
Liz's clients include: Bauer Publishing, Cablevision, CBS, CNN, Conde Nast, Hachette Book Group, Macmillan, MTV Networks, NBC, New York Times, Random House, Sesame Workshop, Showtime, Simon & Schuster, Time Inc. and Wenner Media.
Liz is a member of the firm's executive committee. Selected Experience Representing NBC and all defendants in libel-in-fiction action arising out of a "Law & Order" episode. (N.Y. Sup. Ct. Ongoing) Successfully defended Bauer, publisher of "In Touch Weekly," in a defamation lawsuit filed by soccer star David Beckham over article reporting on alleged tryst with a call girl. In Touch was awarded its attorneys' fees under California's anti-SLAPP statute. Beckham's appeal is pending in the 9th Circuit. (Ongoing) Defending IFC and Cablevision in an ongoing action alleging libel-in-fiction and invasion of privacy claims, arising out of the feature film "Savage Grace." (N.Y. Sup. Ct. Ongoing) Lead counsel representing Electronic Arts in defense of a putative class action brought by Hart, a former college quarterback, on behalf of all college football players, arising out of the purported use of their likenesses in EA’s successful NCAA Football video game series. The federal District Court in New Jersey granted EA’s motion for summary judgment and dismissed the action, finding that the video games were entitled to full First Amendment protection. 2011 WL 4005350 (D.N.J. Sept. 9, 2011). Related actions arising out of Electronic Arts’ "NCAA Football and Madden Football" video games are currently before the 9th Circuit. Hart v. Electronic Arts, Inc. is on appeal to the 3rd Circuit. Representing Time Inc. in connection with ongoing right of publicity claims brought by Michael Jordan in connection with a special "Sports Illustrated" issue commemorating Jordan’s induction into the Basketball Hall of Fame. Summary judgment pending. (N.D. Ill. Ongoing) Represented Twentieth Century Fox and the creators of the television show "Journeyman." On an upfront motion, plaintiff's copyright claims were dismissed and the 1st Circuit affirmed the dismissal of the action. (2011) Represented Stephen King and Simon & Shuster in copyright infringement claims arising out of King’s book "Duma Key." Motion to dismiss granted. (N.D. Ga. 2011) Represented Spike TV and obtained dismissal of copyright infringement action arising out of the popular reality television show "Pros vs. Joes." (E.D.N.Y. 2011). Previously obtained dismissal of similar infringement claims brought against "Pros v. Joes" in Pino v. Spike. (D.N.J. 2009) WL 1118429 Lead amici counsel for American Association of Publishers, Magazine Publishers Association, and American Association of University Publishers in connection with novel jurisdictional question for copyright claims certified by the 2nd Circuit to the NY Court of Appeals. Consistent with arguments made by amici, in April 2011, the Court of Appeals ruled that the 'situs of injury' for copyright claims is the location of the publishers. (2011) Lead counsel representing defendants in connection with putative consumer fraud claims arising out of the publication of "Palestine: Peace Not Apartheid." Action withdrawn after sanctions motion served. (S.D.N.Y. 2011) Represented Little, Brown and author James Patterson in copyright infringement action arising out of children's book "SantaKid." Summary judgment granted and affirmed by 2nd Circuit. 2010 WL 827088 (2d Cir. 2010) Obtained pre-discovery dismissal of copyright claims arising out of author Stephanie Meyer's last book in her famed "Twilight" series. Attorney fees awarded to defendants. (C.D. Cal. 2010) Represented literary agents in copyright action involving termination rights and the John Steinbeck literary properties. Summary judgment dismissing all claims granted and affirmed by the 2nd Circuit. 2009 WL 928189, 2010 WL 3995982 (S.D.N.Y., 2d Cir. 2010) Lead counsel representing Rolling Stone in right of publicity claims brought as a putative class action arising out of an gatefold editorial feature. On appeal, court found Rolling Stone’s editorial feature did not inadvertently become commercial speech because it was surrounded by cigarette advertising and granted Rolling Stone’s anti-SLAPP motion, dismissing the action. Rolling Stone's "Indie Rock Universe" Editorial Feature Gets First Amendment Protection, 02.01.10 (Cal. Ct. App. 2010) Obtained pre-discovery dismissal of libel, privacy and related claims arising out of book "Hot Chicks with Douchebags." (N.J. Super. Ct. 2009) Additional Qualifications Professional and Community Activities
- Chair, Committee on Communications and Media Law, New York City Bar Association
- East Coast Representative, Forum on Communications Law
- Communications and Entertainment Committee, New York State Bar Association
- The Copyright Society of the USA
- Lawyers Committee, Association of American Publishers
|
Professional Recognition
- Named as one of "America's Leading Lawyers for Business" by Chambers USA in Media & Entertainment: First Amendment Litigation (New York); Media & Entertainment: Copyright & Contract Disputes (New York), 2007-2011; First Amendment Litigation (Nationwide), 2011
- Named as one of the “Best Lawyers in America” in Communications and Advertising Law by Woodward/White, 2006-2009; named in First Amendment, Media, and Intellectual Property Law, 2006-present; named in Entertainment Law, 2010-present
- Selected to "New York's Top 50 Women Super Lawyers and First Amendment/Media Lawyers," Law & Politics, 2007-2008
- Selected to "New York Super Lawyers," Law & Politics, 2006-2011
- Named as one of Lawdragon's “500 Lawyers in America,” 2007
- Sharing the Power Award, InsideCounsel Magazine, 2010
|
Education J.D., University of North Carolina School of Law, 1981
- Order of the Coif
- Law Review
B.A., University of Wisconsin, 1975 | |