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Duffy Carolan

CarolanDuffy
Partner
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San Francisco
T415.276.6585
F415.276.6599
Duffy Carolan represents news, entertainment and online content providers in libel and privacy matters, trademark, copyright infringement, and Internet law issues, and prior restraint and reporter's privilege matters. She is newsroom counsel to over 40 California newspapers, providing 24/7 advice to reporters and editors on deadline. Duffy often engages in proactive litigation to obtain access to public records, public meetings and court records and proceedings and regularly conducts newsroom training sessions on a variety of timely topics.

Duffy's clients include: The Associated Press, California Newspapers Partnership/BANG/LANG, California Newspaper Publishers Association, CBS Outdoors, Center for Investigative Reporting/California Watch, Chauncey Bailey Project, Condé Nast Publications, Dow Jones and Company/The Record, McClatchy Newspapers, Providence Publications, The McGraw-Hill Companies, Inc., Metro Publishing, News Media Corporation, Sacramento Business Journal, San Francisco Business Journal, Santa Rosa Press Democrat and Spot.Us.

Practice Highlights
  • Extensive experience representing media entities in libel, invasion of privacy, and copyright and trademark infringement matters, and obtaining early resolution of matters under California’s Anti-SLAPP statute.
  • Extensive experience in newspaper adjudication matters, both obtaining adjudication status for newspapers of general circulation and contesting or vacating judgments for unqualified papers.
  • Regularly represents media entities seeking access to public records or public meetings and court proceedings in high profile criminal matters, including the Chauncey Bailey murder trial, the Barry Bonds perjury trial and the Sandra Cantu murder trial.
  • Regularly represented media amici in a variety of appellate court cases, including access to State Bar admission records, GIS basemap data, access to private email accounts used to conduct public business, and the standards for issuance of third party subpoenas to obtain identity of anonymous posters on internet website.

Representative Experience

Center for Investigative Reporting v. Dep’t of Public Health

Representing investigative reporting organization in Public Records Act lawsuit seeking access to citations issued by DPH chronicling serious violations of law at the State’s largest facilities for the developmentally disabled. (Ongoing)

School of Americas Watch v. U.S. Dep't of Defense

Prosecuting Freedom of Information Act lawsuit to compel Department of Defense to disclose the names and military units of foreign students and instructors attending one of the largest military training schools in the U.S. at U.S. taxpayer expense. (N.D. Cal., Ongoing)

BANG v. Tri-City Voice

Successfully represented local newspaper in four successive actions contesting standing of freely distributed newspaper as one of general circulation qualified to publish legal notices. (2012)

Sacramento County Employees' Retirement System v. Superior Court

Represented a coalition of California media organizations in filing an amicus curiae brief concerning public access to pension records under the Public Records Act. California Court of Appeal, Third District, granted access to pension records in published decision. (2012)

People v. Naso

On behalf of multiple news organizations, obtained order unsealing probable cause statements filed in support of warrantless arrest of suspected serial killer. (2011)

Reudy v. CBS Corporation, et al.

The 9th Circuit Court of Appeals affirmed dismissal in favor of CBS Corporation of a complaint containing antitrust and business tort allegations involving outdoor advertising. (9th Cir. 2009) Fees awarded. (2011)

United States v. Barry Lamar Bonds

On behalf of multiple news organizations, obtained order unsealing completed juror questionnaires and providing access to juror names in former pro athlete's perjury trial. In a matter of first impression in the 9th Circuit, the United States District Court, Northern District of California recognized that the rights of access to juror questionnaires and juror names were grounded in the First Amendment. (2011)

Wetzel v. San Bernardino Sun

Obtained order dismissing libel complaint brought by former candidate for city council against daily paper concerning article discussing her qualifications for office. (2011)

In re Kyle S

Obtained order unsealing on behalf of media search warrants and supporting affidavits and in lifting gag order in high-profile teen torture case. (2010)

People v. Melissa Huckaby

Obtained order on behalf of media unsealing grand jury transcripts over objection of surviving family members of minor child allegedly killed by former Sunday school teacher. (2010)

People v. Salcido

Obtained order on behalf of ABC’s "20/20" unsealing death scene photographs in completed high-profile murder case over objection of DA seeking to protect surviving family members’ privacy interests. (2010)

People v. Yusef Bey, Antoine Mackey

Obtained orders on behalf of the Chauncey Bailey Project lifting court imposed gag order and unsealing grand jury transcripts and search warrants. (2010)

Hardaway v. Oakland Tribune

Obtained order striking libel complaint under California Anti-SLAPP statute involving paper's news reporting of criminal trial. (2008)

Lopes v. Bay Area News Group, Argus

Obtained order striking libel complaint under anti-SLAPP and awarding attorneys' fees in libel case stemming from paper's reporting of candidate's background and qualifications for office. (2008)

McRae v. Oakland Tribune

Obtained order striking invasion of privacy complaint and awarded attorney's fees in case involving a paper's reporting of judicial proceedings involving plaintiff, under California's Anti-SLAPP statute. (Cal. App. 2008)

Walker v. Viacom International Inc., et al.

Obtained summary judgment in favor of creator, animation studio, distributor and licensor of franchised animated cartoon character SpongeBob SquarePants and television series in copyright infringement case involving claims of stand-alone character protection and story line infringement; 9th Circuit affirmed. 2008 WL 2050964 (N.D. Cal, May 13, 2008), 2010 WL 236758 (9th Cir. 2008)

Berman v. CIA

Represented Vietnam war historian in Freedom of Information Act litigation, defeating CIA's claim that presidential intelligence daily briefs are categorically exempt from FOIA's disclosure mandates. 501 F.3d 1136 (9th Cir. 2007)

ANG Newspapers v. Union City

Upheld right of access to outside consultant's job satisfaction survey of fire department, including interview summaries. (2005)

In re Elijah S (San Mateo County Times)

Established authority of juvenile court to grant access to juvenile case files to media despite absence of juvenile dependency petition. 125 Cal. App. 4th 1532 (Cal. App. 2005)

Bakersfield City School Dist. v. Superior Court

Successfully prosecuted California Public Records Act in trial court and court of appeal to establish legal precedent ensuring the public's right to review complaints of misconduct by public employees. 118 Cal. App. 4th 1041 (2004)

People v. Alexander

Upheld order in favor of daily newspaper unsealing jailhouse telephone call between defendant and his mother in triple murder case. Paper awarded Northern California Society of Professional Journalists' James Madison FOIA award. (2003)

People v. Siapno

Successfully moved to quash trial subpoena of Associated Press reporter whose testimony regarding a published interview of a prosecution witness was sought by defendant in a high-profile criminal trial of three former Oakland Police officers dubbed 'the Riders.' (L.A. Cnty. (Cal.) Super. Ct. 2003)

Sacramento Valley Mirror v. County of Glenn

Obtained access under Public Records Act to court financial records maintained by county. Paper awarded CNPA's BNA FOIA award. (2003)

Metro Publishing Inc. v. SurfMet, Inc.

Obtained preliminary injunction against publisher for using confusingly similar trademark in metadata and domain name and on website. (N.D. Cal. 2002)

Additional Qualifications

  • Director, Crosby, Heafey, Roach & May, 1998-2001
  • Associate, Crosby, Heafey, 1991-1998
  • Extern and Interim Law Clerk, Hon. D. Lowell Jensen, U.S. District Court, Northern District of California
  • Columnist, ANG Newspapers Inc., 1986-1987

Professional & Community Activities

  • Executive Committee, 2007-2011; Board of Directors, 2001-present; Legal Advisor to Board, 1997-present – First Amendment Coalition
  • Advisory Board, 2010-present, Center for Investigative Reporting
  • Chair, 2005-2006; Chair-Elect, 2004; Newsletter Editor, 2003 – TIPS Media, Privacy and Defamation Law Committee, American Bar Association 
  • Media Law Resource Center, 2002-present
  • Queen’s Bench, San Francisco, 2006-present
  • San Francisco Trial Lawyers Association, 1991-2002; 2006-present
  • Justice Earl Warren American Inns of Court, 1997-2000
  • Adjunct Professor, Media Law, Graduate School of Journalism, University of California, Berkeley, 2001-2002
  • San Francisco County Bar Association
  • Alameda County Bar Association

Professional Recognition

  • James Madison Freedom of Information Award for Legal Counsel, Northern California Chapter of the Society of Professional Journalists, 2011
  • Named as one of "America's Leading Lawyers for Business" in Media & Entertainment: Litigation (California) by Chambers USA, 2010-2012
  • Selected by Best Lawyers as San Francisco's "Lawyer of the Year" in Litigation – First Amendment, 2013
  • Named one of the "Best Lawyers in America" in First Amendment Law and in Media Law by Best Lawyers, 2007-present
  • Selected to "Northern California Super Lawyers," Thomson Reuters, 2005-2009, 2011-2012 
  • James Madison Freedom of Information Award, Special Citation with ANG Newspapers, Northern California Chapter of the Society of Professional Journalists, 2006
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Admitted to Practice

  • California, 1991