Kelli Sager has more than 25 years of litigation experience representing television and radio broadcasters, cable companies, motion picture producers and distributors, newspapers and magazines, book authors, Internet companies, and Web publishers, both at the trial and appellate level of federal and state courts. Her practice encompasses all areas of media and entertainment litigation, including defamation, privacy, idea submission claims, access, prior restraint, reporter's shield laws, copyright and trademark law, and Internet law.
Practice Highlights
- Has appeared numerous times before the California Supreme Court and the California Courts of Appeal, and before the 9th Circuit Court of Appeals, including such cases as Brown v. Electronic Arts and Keller v. Electronic Arts, NBC Subsidiary v. Superior Court, Shulman v. CBS, California Comm'n on Peace Officer Standards and Training v. Superior Court, Burkle v. Burkle, and Thomas v. Los Angeles Times.
- Regularly represents media outlets requesting access to records and proceedings in high-profile trials, including the trials of O.J. Simpson, Phil Spector, Winona Ryder, Anthony Pellicano, Robert Blake and others.
Selected Experience
NBC Subsidiary v. Superior Court
Represented the Los Angeles Times in access matter that resulted in landmark decision finding federal constitutional right of access to civil trials. (Cal. 1999)
Leiber, et al v. Grokster, Ltd.
Represented a class of songwriters and music publishers in Grokster copyright infringement action against peer-to-peer file-sharing services. Plaintiffs obtained unanimous decision from U.S. Supreme Court ruling that defendants could be held liable for inducing copyright infringement. (C.D. Cal.)
Diaz v. NBC Universal, Inc.
Represented Universal Pictures in obtaining dismissal of libel class action based on the film "American Gangster," which was affirmed by Second Circuit Court of Appeals. (S.D.N.Y. 2009)
Love v. Associated Newspapers, Ltd., et al.
Defended British newspaper The Mail on Sunday in copyright, trademark and right of publicity action by Beach Boys band member over U.K. distribution of promotional CD. Obtained dismissal based on lack of personal jurisdiction; appeal was dismissed voluntarily. 611 F.3d 601 (9th Cir. 2010), aff’g 489 F. Supp. 2d 1100 (C.D. Cal. 2007)
Crowder & Freitas v. NBC Universal Inc, et al.
Represented NBC Universal against a last-minute TRO application filed by screenwriters who attempted to enjoin nationwide release of the Jennifer Aniston film, "Love Happens." The plaintiffs' claim that the film's script was substantially similar to a script they claimed to have previously pitched to NBC/Universal was rejected by the a federal district judge, who found that the two scripts were not at all similar. Immediately following the decision, plaintiffs voluntarily dismissed their lawsuit.
ANT v. The Gurin Company
Represented The Gurin Company in a lawsuit brought by a comedian known as "ANT," who claimed that his trademark and identity were misappropriated by Gurin’s television program, "Wanna Bet," which starred the British comedy duo "Ant and Dec." All claims against Gurin were dismissed by the federal district judge and attorneys' fees were awarded. ANT dismissed his appeal in exchange for a waiver of fees. (C.D. Cal. 2010-2011)
Fair Housing Council of San Fernando Valley, et al. v. Roomates.com, LLC
Represented media amici in 9th Circuit's en banc review of the scope of immunity afforded by Section 230 of the Communications Decency Act to mixed-content websites. No. 04-56916 (en banc) (9th Cir. 2008)
Hollywood v. Universal Pictures
Represented Universal Pictures in successfully opposing efforts by criminal defendant to enjoin nationwide release of the film "Alpha Dog." (2007)
California Commission on Peace Officer Standards and Training v. the Superior Court of Sacramento County
Represented the Los Angeles Times in a case involving the newspaper's attempts to obtain state records on police hiring under the California Public Records Act. In August 2007, the Supreme Court ruled in favor of the Times, in a precedent-setting decision that expansively interpreted the public's rights under the CPRA. (Cal. 2007)
Los Angeles Times Communications LLC v. Los Angeles Sheriff's Department and Long Beach Police Officers' Association v. City of Long Beach
Representing Los Angeles Times in these two Public Records Act lawsuits concerning whether the names of peace officers who shoot and kill people while on duty should be made public. (Ongoing)
Thomas v. Los Angeles Times Communications
Obtained order granting newspaper's special motion to strike defamation claims arising from article evaluating possible exaggerated claims of heroism by World War II figure. Affirmed by the 9th Circuit Court of Appeals. (C.D. Cal., 9th Cir. 2002)
In re Marriage of Burkle
Represented the Los Angeles Times in challenging state statute restricting access to court records in divorce cases. The California Court of Appeals ruled that divorce records are subject to the constitutional right of access, and the California Supreme Court denied review in May 2006, making the Court of Appeals' decision binding law in California. 139 Cal. App. 4th 712 (Cal. App. 2006)
Brower v. E! Entertainment Television
Successfully defended E! Entertainment Television in a three-week jury trial of idea submission claims relating to a television series. Obtained directed verdict that was affirmed on appeal. (Cal. Super. Ct. 2001)
Research in Motion Limited v. Samsung Telecommunications America, et al.
Represented Cingular Wireless LLC as an intervening defendant in a trademark and trade dress dispute brought by RIM against Samsung in connection with the BlackJack smartphone. Following Cingular's intervention, RIM voluntarily dismissed its original complaint concerning the BlackJack. (C.D. Cal. 2007)