Media Law
Fifteen years representing the media in all aspects of law stemming from publication and newsgathering activities, including prepublication review, emerging technologies and Internet content advice, defense of defamation, invasion of privacy and advertising actions, prior restraint and contempt proceedings and reporter subpoena matters in both civil and criminal proceedings. Proactive litigation to protect copyright and trademark rights, and to defend circulation and advertising related claims.

Engage in proactive litigation to access public records, public meetings, and court records and proceedings in both civil and criminal actions. Regularly conduct newsroom training seminars on a variety of timely legal topics.

Business Litigation
Representing Fortune 100 clients through all phases of business litigation, including consumer class actions, unfair business practices, breach of contract and fraud actions

Tried 17 bench trials, two jury trials and prepared numerous other cases to trial

Representative Media Cases
Berman v. CIA, 378 F. Supp. 2d 1209 (2005). On appeal. Litigating Freedom of Information Act lawsuit against CIA seeking access to Presidential Daily Briefs given to President Lyndon B. Johnson during the Vietnam War.

In re Elijah S., 125 Cal. App. 4th 1532 (2005). Establishing authority of juvenile court to grant access to juvenile case files to media despite absence of juvenile dependency petition. (ANG Newspapers, San Mateo County Times)

ANG Newspapers, Inc. v. Superior Court, 33 Med. L. Rptr. 2003 (2005). Issuing peremptory writ requiring juvenile court to open ongoing trial proceedings and grant access to transcripts of proceedings of juvenile charged with involuntary manslaughter. (The Daily Review)

ANG Newspapers, Inc. v. Union City, Cal. App. Ct. (2005). Denying City’s writ of mandate, thus leaving in tact trial court’s order granting access under the Public Records Act to outside consultant’s job satisfaction survey pertaining to fire department personnel, including interview summaries. (The Argus)

Hardaway v. Oakland Tribune, Cal. Sup. Ct. (2004). Granting paper’s motion to strike, under California Anti-SLAPP statute, libel complaint stemming from paper’s news reporting of criminal trial.

Bakersfield City School Dist. v. Superior Court, 118 Cal. App. 4th 1041 (2004). Upholding public right of access to disciplinary and investigatory records pertaining to public employee wrongdoing. (The Bakersfield Californian)

Sacramento Valley Mirror v. County of Glenn, 31 Med. L. Rptr. 1890 (Cal. App. Ct. 2003). In matter of first impression, obtaining access under CPRA to court financial records maintained by county. Paper awarded CNPA’s BNA FOI award.

Daily Review v. Hayward Unif. Sch. Dist., Cal. Sup. Ct. (2003). Obtaining access under CPRA to internal investigation of wrongdoing against two high ranking district employees. Paper awarded Nor. Cal. SPJ’s James Madison FOI award.

People v. Siapno, (Oakland “Riders” case), Cal. Sup. Ct. (2003). On behalf of The Associated Press, successfully quashing defense subpoena seeking published information from reporter in high profile police corruption case.

People v. Alexander, Cal. Supreme Ct. (2003). Upholding order unsealing jailhouse telephone calls between defendant and his mother in triple murder case. Oakland Tribune. Paper awarded Nor. Cal. SPJ’s James Madison FOI award.

People v. Madison, Cal. Sup. Ct. (2003). Unsealing jailhouse letter from defendant in transgender teen murder trial. Argus.

Metro Publishing Inc. v. SurfMet, Inc., 66 USPQ2d 1134 (N.D. Cal. 2002). Obtaining preliminary injunction against publisher for use of confusingly similar trademark SURFMETRO to plaintiff’s mark METRO.

Flannagan v. San Francisco Business Times, Cal. App. Ct. (2002). Obtaining dismissal and award of attorneys fees for libel action stemming from business reporting.

In re Sacramento Valley Mirror, Cal. Sup. Ct. (2002). Adjudicating newspaper as one of general circulation in contested proceedings.

Oakland Tribune v. City of Oakland, Cal. App. Ct. (2001). Obtaining access under CPRA to sexual harassment complaint and disciplinary letter pertaining to high ranking city official. Paper awarded Nor. Cal. SPJ’s James Madison FOI award.

People v. Krebs, Cal. Sup. Ct. (2001). On behalf of McClatchy Newspapers, Inc., successfully quashing defense and prosecution subpoenas for unpublished portions of jailhouse confession obtained by reporter in double murder case.

Mora v. Metro Newspapers, Inc., Cal. Sup. Ct. (2000). Obtaining voluntary dismissal of invasion of privacy, false light and misappropriation action.

Tidwell v. Oakland Tribune, Cal. Sup. Ct. (1999). Obtaining voluntary dismissal of libel and false light action.

Prior Experience
Director, Crosby, Heafey, Roach & May, 1998-2001; Associate, Crosby, Heafey, 1991-1998

Extern and Interim Law Clerk to the Honorable D. Lowell Jensen, U.S. District Court, Northern District of California

Columnist, ANG Newspapers, Inc., 1986-1987

Representative Clients
ANG Newspapers; The Associated Press; The Bakersfield Californian; East Bay Business Times; The McGraw-Hill Companies, Inc.; McClatchy Newspapers, Inc.; Metro Publishing, Inc.; The Sacramento Business Journal; The San Francisco Business Times; The Sacramento Valley Mirror; Silicon Valley Community Newspapers, Inc.; San Francisco Examiner; Sierra Sun

Publications and Presentations
Co-author, "Open Government Guide," Reporters Committee for Freedom of the Press, 2006

Podcast, “Access to State and Federal Court Records,” California First Amendment Coalition, 2006

Co-author, "Model Brief on Jury Access Issues," Media Law Resource Center, 2004

Co-author, "What You Need To Know About Public Records and Open Meetings in California," Lorman Education Services, Sept. 25, 2003

Author, “On the Record,” Judiciary Must Protect Rights of the Public Before Sealing Documents, San Francisco Daily Journal, 2003

Author, “Buzz Kill,” Court’s Broad Ruling Places Stranglehold on Media’s Ability to Gather News, San Francisco Daily Journal, 2002

Co-author, "Tapping Official Secrets," Reporters Committee for Freedom of the Press, 2001

Activities and Honors
Board of Directors, California First Amendment Coalition, 2001-present; Legal Advisor to Board 1997-2001

Chair, ABA’s TIPS Media, Privacy and Defamation Law Committee, 2005-2006, past Chair-Elect and Newsletter Editor

Recipient, 2006 James Madison Freedom of Information Award, Special Citation along with ANG Newspapers, Northern California Chapter of the Society of Professional Journalists

Named as one of the "Best Lawyers in America" in First Amendment Law and in Media Law by Woodward/White, 2008

Selected to "Super Lawyers," Northern California Law & Politics in First Amendment/Media category, for 2005 and 2006

Adjunct Professor, University of California, Berkeley, Graduate School of Journalism, Media Law

Justice Earl Warren American Inns of Court, 1997–2000

Member, Alameda and San Francisco County Bar Associations