Rob Balin represents clients in all aspects of media law, including defamation, privacy, news gathering torts, First Amendment issues, copyright and trademark litigation and contracts. Rob handles complex litigation for multinational and national corporations, including publishers, broadcasters and new media.
Rob's clients include: 02138 magazine, adidas, Business Week, CNN, Farrar Straus & Giroux, Thomas Friedman, Henry Holt and Company, Random House, Reader's Digest, St. Martin's Press, Woman's World, Yellow Book USA and Sing Tao Daily.
Selected Experience
Rakofsky v. The Washington Post Co., et al.
Representing the Washington City Paper, its parent company and reporter in a lawsuit arising out of a criminal trial in Washington, D.C., which culminated in the withdrawal of defense counsel and a mistrial. Defense counsel in that case sued about 80 defendants for libel and other claims based on their publication of news articles and commentary on his representation of his client in the criminal trial. We have filed a motion to dismiss based on the fair report privilege, lack of jurisdiction and other grounds. (N.Y. Supreme Court Ongoing)
Weisfeld v. Macmillan Publishing, et al.
Currently defending book publishers and author of biography in libel suit brought by former manager of deceased rap star Ol’ Dirty Bastard (N.Y. Sup. Ct. Ongoing)
ACLU v. Office of Director of National Intelligence, et. al.
Secured for national civil liberties organization a federal court order requiring more detailed explanation from agencies that withheld records under the Freedom of Information Act relating to intelligence community's use of sweeping electronic surveillance powers under the 2008 FISA Amendments Act. Court held agencies failed to make required showing that withheld material fell within intelligence, national security, and/or law-enforcement exemptions to disclosure, and granted request to require agencies to provide relatively detailed analysis to justify withholding. Summary Judgment motion to compel production pending. (S.D.N.Y. Ongoing)
Fox v. Nature America
Defended Nature Biotechnology magazine in libel suit brought by author based on opinion piece that provided a critical review of plaintiff’s book. Case was settled. (N.Y. Sup. Ct. 2010)
Time Inc., et al. v. Budd, et al.
Represented magazine publishers in copyright and trademark infringement action against website described as "Napster for the magazine industry." (S.D.N.Y. 2008)
Zhejiang Willing Animal Byproducts Processing Co.
Currently advising US-based international newspaper that has been sued in the Hangzhou Intermediate People’s Court for libel arising out of internet article about tainted heparin used in pharmaceutical products. (Ongoing)
Love v. Kwitny
Defended publisher St. Martin’s Press and author in defamation and copyright infringement suit arising from extensive use of plaintiff’s unpublished manuscript in book on U.S. foreign policy. Secured summary judgment dismissing defamation claims. After trial on copyright claim, damages of less than $2,000 awarded and injunctive relief denied.
Grieco v. Woman's World Magazine
Represented magazine in successfully dismissing libel and invasion of privacy claims arising from use of stock house photo to illustrate article about divorce.
Bachchan v. India Abroad
Established first precedents in federal and state courts refusing to enforce British libel judgments as repugnant to U.S. public policy. (1992)
Matusevitch v. Telnikoff
Established first precedents in federal and state courts refusing to enforce British libel judgments as repugnant to U.S. public policy. (1997)
Chinese Freemasons v. Sing Tao Daily
Secured dismissal of libel claims against Chinese-language newspaper based on advertisements on grounds that statements in suit were not defamatory, constituted opinions and were not of or concerning plaintiffs.
Video-Cinema Films v. CNN
Successfully defended CNN in copyright infringement suit arising from CNN's use of film clip in newscast about death of actor Robert Mitchum. Secured summary judgment dismissing claims on fair use grounds and award of attorneys' fees against plaintiff. (S.D.N.Y. 2004)
Harmatz v. Reader’s Digest
Defended Reader’s Digest against copyright infringement and theft of idea claims arising from magazine article on celebrity philanthropy that plaintiff alleged was based on ideas in his unsolicited submission. Suit voluntarily withdrawn by plaintiff after motion to dismiss and for sanctions was filed. (D.N.J. 2005)
Hampton v. Guare
Successfully defended author, movie studio and publisher in commercial misappropriation claim arising from dramatization of plaintiff's exploits in the satiric play "Six Degrees of Separation." Established that satire and fiction does not constitute advertising or trade. (N.Y. App. Div. 1st Dept. 1993)
Liu v. Sing Tao Daily
Successfully defended newspaper in libel suit arising from news report about plaintiff’s arrest for illegal fortune telling. Secured pre-answer dismissal of complaint on ground that the statements in suit constituted fair and accurate report of judicial proceedings.
Miller v. Holtzbrinck Publishers
Successfully defended publisher and co-author of novel against claims of fraudulent inducement, conversion and tortious interference by plaintiff who alleged that novel plagiarized plaintiff's manuscript. Case was dismissed. 2010 WL 1932322 (S.D.N.Y. 2008)
SwordPen.com v. Henry Holt and Company
Defended publisher and author of children’s book in copyright infringement suit alleging that book is substantially similar to plaintiff’s unsolicited submission. Case was dismissed. 659 F. Supp. 2d 547 (S.D.N.Y. 2010)
Miracle v. Holtzbrinck Publishers Holdings, LLC
Defended book publisher Farrar, Straus & Giroux and author Thomas Friedman in copyright infringement suit arising from use of plaintiff’s artwork on cover of best-selling book, "The World is Flat." Case settled with licensing arrangement.
State of Oklahoma v. Blockbuster Videos, Inc.
Represented Blockbuster Videos in securing dismissal of civil proceeding brought by Oklahoma County District Attorney for declaratory judgment that the Academy Award-winning movie "The Tin Drum" constituted child pornography. (W.D. Okla. 1998)
The Procter & Gamble Co. v. Bankers Trust
Represented Business Week in successfully overturning a prior restraint against publication of sealed court records. (6th Cir. 1996)
Mumia Abu-Jamal v. St Martin's Press
Successfully opposed motion of death row inmate seeking to preliminarily enjoin St. Martin's Press from publishing book about his case. (S.D.N.Y. 2001)
H.M. Suharto v. Time Inc Asia
Currently representing group of 26 international media companies, non-governmental organizations, journalist associations and bar associations in submitting amici brief to Supreme Court of Indonesia requesting reversal of large libel judgment awarded to former president of Indonesia against Time Magazine. (Ongoing)
Liu Tai Ying v. Ying Chan
Successfully represented Chinese-American journalist in securing dismissal of criminal libel charges in landmark decision that recognized important protections for the press under Taiwan’s constitution.
Shin Corp. v. Supinya Klangnarong
Led amici effort by international media lawyers that helped secure dismissal of criminal libel charges lodged against media advocate and Thai newspaper that had criticized company controlled by family of Thailand’s prime minister.