Areas of Practice
Media litigation and counseling, employment litigation and counseling, appellate advocacy and general business litigation, including contract disputes and fraudulent transactions
Representative Experience
Extensive experience in federal and state appellate courts involving a variety of issues ranging from access to government documents and information, shield law and reporter’s privilege issues, anti-SLAPP litigation, employment litigation, copyright litigation, privacy claims and real property disputes.
Regularly represent businesses in employment litigation cases with issues including breach of contract, sexual harassment and discrimination, fraudulent hiring, constructive termination, termination in violation of public policy, defamation and wage and hour claims.
Regularly represent media and other clients in moving to strike claims under California’s anti-SLAPP Statute, C.C.P. § 425.16, including claims arising from newsgathering (invasion of privacy, fraud, wiretap violations, trespass and others), speech (defamation, public disclosure of private facts, unfair business practices and others) and petition (filing of litigation).
Regularly represent media clients in state and federal court defending against subpoenas seeking unpublished information from journalists.
Regularly represent media clients in seeking access to court proceedings and records, government records and meetings of government bodies.
Representative Cases:
Represented major motion picture studio in dispute over worldwide ownership of 39 classic Spanish-language films, including briefing of four different appeals involving 6 parties, with issues including interpretation of 17 U.S.C. § 104A, comity for decisions of foreign authorities, and application of the “Fugitive Disentitlement Doctrine” to bar the appeals of primary opposing party, a fugitive from justice.
Represented coalition of broadcast media in issues arising from trial of Scott Peterson for murder of his wife and unborn child, including advocating for access to court proceedings and records, seeking camera coverage of court proceedings, and negotiating with government officials regarding cost of access to courthouse environs to facilitate broadcast.
Represented businesses in issues related to billboard permitting, including numerous writ proceedings challenging agency decisions regarding permit applications.
Represented business in construction litigation claims brought in two counties in Northern California involving dozens of subcontractors attempting to recover monies owed by property owner that was allegedly defrauded by contractor.
Published Decisions:
California Commission on Peace Officer Standards & Training v. Superior Court (Los Angeles Times Comm'n LLC, Real Party in Interest), 42 Cal. 4th 278 (2007)
Taus v. Loftus, 40 Cal. 4th 683 (2007)
Lyle v. Warner Bros. Television Prods., 38 Cal. 4th 264 (2006)
Shively v. Bozanich, 31 Cal. 4th 1230 (2003)
Gaggero v. Yura, 108 Cal. App. 4th 884 (2003)
The Bakersfield Californian v. The County of Kern, 31 Med. L. Rptr. 1728 (2002)
American Humane Ass'n v. Los Angeles Times Comm'n, 92 Cal. App. 4th 1095 (2001)
Johnson v. Superior Court, 80 Cal. App. 4th 1050 (2000)
Daily Journal Corp. v. Superior Court, 20 Cal. 4th 1117 (1999)
Phillips ex rel. Estate of Byrd v. G.M. Corp. , 307 F.3d 1206 (9th Cir. 2002)
Representative Clients
Calpine Corporation
Columbia Pictures Industries, Inc.
E! Entertainment Television
MTV Networks
Paramount Pictures Corporation
The Los Angeles Times
Univision Television Group, Inc.
Publications and Presentations
Editor-in-chief, First Amendment Law Letter, Davis Wright Tremaine LLP, 2003 to present
Co-author, “Protecting Confidential Sources,” Litigation, Vol. 33, No. 2, Winter 2007
Co-author, “Fight or Flight,” Los Angeles Lawyer Magazine, Vol. 29, No. 7, October 2006
Author, "When the Media Come to Town: Protocols and Practices," MLRC Bulletin, 2004 Issue No. 4, Part 3, January 2005, p. 141
Co-author, The Reporter's Privilege Compendium, California Section, The Reporter's Committee for Freedom of the Press
Contributing author, California Employment Law Deskbook, Davis Wright Tremaine LLP
Author, “Supreme Court Protects "Friends" Writers from Sexual Harassment Claim,” MLRC Media Law Letter, April 2006, p. 5
Co-author, “California Supreme Court Strongly Reaffirms Single Publication Rule,” MLRC Media Law Letter, January 2004, p. 7
Author, “ABC Wins Motion to Quash Subpoena,” MLRC Media Law Letter, December 2003, p. 55
Co-author, “Access Developments in Peterson Murder Case,” MLRC Media Law Letter, November 2003, p. 23
Co-author, “Ninth Circuit Softens Decision On Limits of Common Law Access Rights,” LDRC Media Law Letter, November 2002, p. 37
Co-author, "Legal Logjam; State High Court Clears Citizens' Path to Filing Public Records Requests," Los Angeles Daily Journal, Sept. 18, 2002, Vol. 115, No. 181
Author, “California Court Dismissed Suit Under SLAPP,” LDRC Libel Letter, November 2001, p. 34
Co-author, “’Shielding’ the Identities of Advertorial Contributors,” LDRC Libel Letter, April 1999, p. 27
Author, Note, “Ordinary Care Under the Code: A Look at the Evolving Standard of Bank Liability Under U.C.C. 4-406,” 1997 Utah L. Rev. 933, 1997
Author, Development, “Clarification of Utah Law Regarding Termination of Joint Tenancies and Transfer of Marital Assets Pending Divorce Proceedings,” 1997 Utah L. Rev. 226, 1997
Memberships and Activities
Admitted to practice before the following courts:
- California state courts
- United States Court of Appeals for the Ninth Circuit
- United States District Court for the Central District of California
- United States District Court for the Eastern District of California
- United States District Court for the Northern District of California
Vice Chair, DWT's Appellate Litigation Group
Current Chair, Sacramento County Bar Association, Appellate Section
Member, American Bar Association Forum on Communications Law, Women in Communications Law Committee
Member, American Bar Association Section of Litigation, Appellate Practice Committee
Master, Milton L. Schwartz American Inn of Court
Member, Women Lawyers of Sacramento
Education
J.D., University of Utah School of Law
- Graduated first in her class
- Order of the Coif
- Staff member, Utah Law Review
B.A., University of Nevada Las Vegas