Admitted to Practice | U.S. Court of Appeals 9th Circuit, 1999 | | U.S. District Court Central District of California, 1999 | | U.S. District Court Eastern District of California, 2000 | | U.S. District Court Northern District of California, 2000 | | California, 1998 |
| Rochelle Wilcox focuses her litigation and appeals practice on media law, including extensive experience with California's anti-SLAPP law, defense of defamation, invasion of privacy and newsgathering claims, and access and reporter's shield issues. Her practice also includes a full range of employment litigation on behalf of employers, and general business litigation issues. Rochelle has broad experience in federal and state appellate courts in a wide array of issues and disputes. Selected Experience Represented national media coalition in expedited proceedings over the course of a week in the U.S. District Court, Ninth Circuit Court of Appeals and in the U.S. Supreme Court in support of Chief Judge Vaughn Walker's proposal to broadcast trial proceedings to five overflow courtrooms in five cities and to make the proceedings publicly available on YouTube.com in this landmark federal constitutional challenge to California's Proposition 8, banning same-sex marriage. Read the Media Coalition's U.S. Supreme Court brief. (2010) Obtained unanimous California Supreme Court decision affirming the summary dismissal by the trial and appellate courts of a trade libel lawsuit arising from a plaintiff class action attorney's constitutionally-protected efforts to locate potential class representatives, which established the precedent that the 'commercial speech' exemption (CCP 425.17(c)) to California's anti-SLAPP statute is to be narrowly construed to protect First Amendment activities. 162 Cal. App. 4th 737 (Cal. App. 2010) Represented Rolling Stone Magazine to successfully dismiss right of publicity claims brought by a putative class of musicians that arose out of a gatefold editorial feature published adjacent to a cigarette advertisement. In this issue of first impression, the Court of Appeal unanimously dismissed plaintiffs' claims finding that the gatefold was protected under the First Amendment. (2010) Represented media coalition (Los Angeles Times Communications LLC, The Hearst Corporation, Viacom, Inc., The Associated Press, The California Newspaper Publishers Association, The California First Amendment Coalition, The Reporters Committee for Freedom of the Press and The Association of Alternative Newsweeklies) in amicus brief submitted to California Supreme Court. Court unanimously held that the single publication rule applies to misappropriation claims in California. (2009) Obtained unanimous California Supreme Court ruling for Sierra Club, dismissing a lawsuit targeting the environmental organization's First Amendment-protected election activities, and establishing the precedent that the 'public interest' exemption (CCP 425.17(b)) to California's anti-SLAPP statute is to be narrowly construed to protect First Amendment activities. (Cal. 2008) 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) Successfully defended 'America's Most Wanted' television program against federal criminal defendant's pre-trial subpoena in murder case seeking unpublished video outtakes in nearly four-year dispute; subpoena withdrawn following favorable rulings by the 9th Circuit Court of Appeals. (9th Cir. 2007) Obtained dismissal of claims (in the Court of Appeal and California Supreme Court) in complex defamation and invasion of privacy lawsuit against prominent psychologists and national magazine arising from the scientific debate over 'repressed memories' of alleged sexual abuse. 40 Cal. 4th 683 (Cal. 2007) Representation of Columbia Pictures in a six-party dispute regarding ownership of 39 classic Spanish-language motion pictures starring the Mexican actor Cantinflas. Columbia Pictures prevailed after a three-week trial; affirmed on appeal. 217 F.R.D. 501 (C.D.Cal. 2003), 387 F.3d 1099 (9th Cir. 2004), & 2004 WL 2487633 (9th Cir. Nov. 5, 2004) Successfully represented prospective purchaser of real property in Court of Appeal, obtaining reversal of summary judgment motion entered against him in trial court, enabling him to pursue his claim for specific performance of the real estate contract. (2003) Additional Qualifications Professional and Community Activities
- Past Chair, Appellate Section, Sacramento County Bar Association
- Women in Communications Law Committee, Forum on Communications Law, American Bar Association
- Appellate Practice Committee, Section of Litigation, American Bar Association
- Master, Milton L. Schwartz American Inn of Court
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Professional Recognition
- Selected to “Southern California Rising Stars,” Law & Politics, 2004-2007
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Education J.D., University of Utah College of Law, 1998
- Graduated First in Class
- Order of the Coif
- Staff Member, Utah Law Review
B.A., University of Nevada, Las Vegas, 1995 | |