Kelli Sager has more than 24 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 NBC Subsidiary v. Superior Court, Shulman v. CBS, California Commission 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
Leiber, et al v. Grokster, Ltd.
Class of music publishers
Ongoing
Representing 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.
Diaz v. NBC Universal, Inc.
NBC Universal
Ongoing
Representing Universal Pictures in obtaining dismissal of libel class action based on the film "American Gangster." Appeal is pending in the 2nd Circuit.
Love v. Associated Newspapers, The Mail on Sunday
Associated Newspapers
Ongoing
Defending 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 is pending in the 9th Circuit.
Crowder & Freitas v. NBC Universal Inc, et al.
NBC/Universal
2009
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.
Fair Housing Council of San Fernando Valley, et al. v. Roomates.com, LLC
Coalition of media clients
2008
Submitted amicus brief on behalf of media in 9th Circuit's en banc review of the scope of immunity afforded by Section 230 of the Communications Decency Act to mixed-content Web sites.
Hollywood v. Universal Pictures
NBC Universal
2007
Represented Universal Pictures in successfully opposing efforts by criminal defendant to enjoin nationwide release of the film "Alpha Dog."
California Commission on Peace Officer Standards and Training v. Superior Court
Los Angeles Times
2007
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.
Bank Julius Baer v. Wikileaks.org
National coalition of media organizations
2008
Represented national media coalition to successfully oppose and vacate a prior restraint order issued by a federal court in San Francisco against Wikileaks.org after confidential Swiss banking records were posted to this whistleblower Web site.
NBC Subsidiary v. Superior Court
Los Angeles Times
1999
Represented the Los Angeles Times in access matter that resulted in landmark decision finding federal constitutional right of access to civil trials.
Thomas v. Los Angeles Times Communications
Los Angeles Times
2002
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.
In re Marriage of Burkle
Los Angeles Times
2006
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.
Brower v. E! Entertainment Television
E! Entertainment Television
2001
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.
Research in Motion Limited v. Samsung Telecommunications America, et al. Cingular Wireless LLC
2007
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.
Glaser/Hunter Productions v. Discovery Communications, Inc. Discovery Communications
2005
Represented Discovery in idea-submission case brought by former actor Tab Hunter and his partner concerning programs "TV Road Trip" and "Movie Lover's Road Trip."