Co-chair, Appellate Practice Group
Representative Experience
Providing prepublication counseling and litigation services from complaint through trial and appeal to U.S. and foreign book, magazine, newspaper and electronic publishers and broadcasters in libel, privacy and newsgathering torts, copyright, trademark, access, reporter’s privilege, advertising, sweepstakes and promotion and other content-related and First Amendment matters
Defending author in libel claims by Muslim charities arising out of allegations of financial support of terrorist organizations
Defending online retailer in action seeking to ban magazines about cockfighting
Defended magazine in libel action brought by scientist in anthrax investigation
Obtained summary judgment in Eastern District of Virginia for talk radio network sued for libel over allegations of torture at Abu Ghraib prison
Obtained summary judgment, affirmed in Ninth Circuit, in libel claim brought by Gennifer Flowers
Obtained dismissal, affirmed in 11th Circuit, of libel by implication case for national newsweekly
Defended broadcaster in claims arising out of ride-along with medical examiner
Defended broadcaster in right of publicity and Lanham Act claims arising out of promotional movie tie-in in E.D. Texas
Defended British broadcaster in theft of ideas claim
Served as an expert on American libel law on behalf of American publisher and on-line book seller in connection with libel actions brought in England, Northern Ireland and Australia
Established first precedents in federal and state courts refusing to enforce British libel judgments as repugnant to U.S. public policy
Established precedents that satire is not commercial misappropriation and protecting editorial decisions as to choice of illustrations for newsworthy material
Appointed special federal master by S.D.N.Y. judge responsible for reviewing all advertising and promotion of company subject to civil mail fraud action brought by U.S.
Defended music jingle house in copyright infringement action over major ad campaign
Defended business newsweekly in overturning prior restraint against publication of sealed court records
Prior Experience
Former Assistant United States Attorney
Law clerk to a federal district court judge prior to private practice
Partner, Coudert Brothers
Representative Clients
Air America Radio Network
Allbritton Communications Company
Amazon.com
BBC
CNN
Discovery Communications, Inc.
The Economist
Hachette Book Group USA (formerly Little Brown and Company)
HarperCollins
HBO
NPR (National Public Radio)
The New York Daily News
Reader’s Digest
U.S. News & World Report
Recent Publications and Presentations
Moderator, "Publishing Leaks: The Practice & the Law," National FOI Day conference sponsored by the Freedom Forum, 2007
Panelist, “Reporter’s Privilege: Protecting Sources in Criminal Cases and the Risks for Lawyers and Journalists,” National Newspaper Association/National Association of Broadcasters/Media Law Resource Center Biennial Conference, 2006
Co-moderator, Libel Panel, Media Law Resource Center, London, England, 2005
Author, “Protection of Confidential Sources: A Moral, Legal and Civic Duty,” Notre Dame Journal of Law, Ethics & Public Policy, Spring 2005
Panelist, “Milkovich v. Lorain Journal, 15 Years Later,” ABA Forum on Communications Law, Boca Raton, FL, January 2005
Co-moderator of opening dinner panel, National Newspaper Association/National Association of Broadcasters/Media Law Resource Center Biennial Conference, 1995, 1997, 1999, 2002, 2004
Panelist, “The Internet and Intellectual Property,” Inter American Press Association, Washington, D.C., October 2001
Panelist, “Representing Your Local Broadcaster,” National Association of Broadcasters, ABA Forum on Communications Law, Federal Communications Bar Association, Las Vegas, Nevada, April 2001
Faculty member, “Online Promotions: Sweepstakes & Contests,” Practising Law Institute, Fourth Annual Internet Law Institute, New York City, June 2000
Co-author (with Susan Seager), “Congress, the Networks, and Exit Polls,” Communications Lawyer, a publication of the ABA, Winter 2001
Co-author (with Adam Liptak, The New York Times), “Media Coverage of Trials of the Century,” Litigation, a publication of the Section of Litigation of the ABA, Vol. 26 No. 1, Fall 1999
Memberships and Activities
Selected to "Top 50 Female Super Lawyers” and “Top First Amendment/Media/Advertising Super Lawyers," Washington, D.C. Super Lawyers®, 2008
Received the 2007 International PEN First Amendment Award from PEN USA, the West Coast center for the worldwide writers’ organization
Named as one of "America's Leading Business Lawyers" by Chambers USA, 2005, 2007-2008
Named as one of the “Best Lawyers in America” in First Amendment Law by Woodward/White, 1995-1996, 1997-98, 1999-2000, 2001-02, 2003-04, 2005-06, 2006, 2007; 2008
Recognized in the area of First Amendment Litigation in “The New York Area’s Best Lawyers” list published by American Lawyer Media, 2005
Ranked in the first tier of media and entertainment lawyers in the latest editions of both Chambers USA and Chambers Global, 2004
Founder and past chair, Media Law Committee of the D.C. Bar’s Arts, Entertainment and Sports Law section
Past chair, Communications and Media Law Committee of the Association of the Bar of the City of New York
Past president, Defense Counsel section of the Libel Defense Resource Center
Education
J.D., magna cum laude, Boston University School of Law, 1977
B.A., cum laude, Yale University, 1973
