Admitted to Practice

Washington
U.S. Court of Appeals 9th Circuit
U.S. Court of Appeals 2nd Circuit
U.S. District Court Western District of Washington
U.S. District Court Eastern District of Washington

Eric M. Stahl

Partner

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Seattle

T206.757.8148

F206.757.7148

Eric Stahl primarily represents media and entertainment companies, advertisers and other communications companies in intellectual property, commercial and First Amendment matters. He represented the plaintiff in a case resulting in the largest reported award of copyright statutory damages, and has litigated numerous other infringement and contractual ownership claims involving music, motion pictures, photographs and digital works. Eric advises clients on licensing matters, pre-publication review, public records access and other content-related issues. He also represents studios and production companies in connection with the development and distribution of documentaries and other motion pictures and rights clearance issues.

Practice Highlights

Regularly provides national and regional news and online clients with pre-publication review and counseling on content-related issues, including DMCA, fair use and other copyright matters, defamation, and privacy
Advises clients regarding social media use and best practices
Represents major studios and others in connection with the development and exploitation of motion pictures, including drafting of acquisition and distribution agreements and advising on chain of title, rights clearance and other ownership issues
Litigates offensive and defensive copyright and contractual disputes involving music, motion pictures, imagery and other intellectual property
Defends advertisers, telecommunications companies and others in class-action and complex litigation
Advises regional newspaper on business issues related to online and other advertising, circulation and antitrust

Representative Experience

Linda Cawley v. Vancouver Columbian

Defended newspaper in defamation action brought by teacher, based on published articles about investigation into alleged classroom assault, with trial court granting summary judgment. (Clark Cnty. (Wash.) Super. Ct. 2013)

Seattle Times Co. v. Serko

Represented newspaper before Washington Supreme Court and trial court in public records litigation over police investigative files stemming from the 2009 shooting of four police officers. Obtained a unanimous decision that police records cannot be categorically withheld from public access, even in the face of a claim that disclosure threatens the suspect's fair trial rights. 170 Wash.2d 581, 243 P.3d 919 (Wash. App. 2010)

Doe v. Reed

Submitted amicus brief on behalf of national and Washington state media in support of constitutionality of the Washington Public Records Act, which required public disclosure of names of referendum sponsors and signatures. 130 S.Ct. 2811 (U.S. 2010)

Vargas v. Pfizer

Successful defense of a soundware company against copyright infringement claim based on drum loop used in advertisement. Case raised issues of originality, independent creation and substantial similarity. Defendants prevailed on summary judgment. 418 F. Supp. 2d 639 (S.D.N.Y 2005, 2d Cir. 2008)

Jimenez v. City of Chicago

Successfully quashed subpoena, on First Amendment grounds, directed to former student journalist for newsgathering material. 733 F. Supp. 2d 1268 (W.D. Wash. 2010)

Cawley-Herrmann v. Meredith Corporation

Successfully represented Meredith Corp., owner of KPTV in Portland, Ore., in motion to dismiss and subsequent motion for reconsideration in a lawsuit brought by plaintiff alleging a new theory of invasion of privacy through the publicity of her identity as the subject of allegedly false and unsubstantiated allegations. 654 F.Supp.2d 1264 (W.D. Wash. 2009)

Illinois Tool Works, Inc. et al. v. Seattle Safety, LLC

Represented crash sled patent holder in a patent infringement, breach of contract, and unfair competition litigation against former contractor. Won partial summary judgment of infringement; case settled four days before trial. (W.D. Wash. 2011)

Breach of contract dispute for book author

In arbitration, successfully obtained dismissal of breach of contract claim arising from statement made in the defendant’s book. Arbitrator found that anti-SLAPP statute applied and dismissed the complaint because it failed to state a claim upon which relief could be granted. (2011)

Salehoo Group Ltd. v. ABC Co.

Successfully moved to quash subpoena directed at anonymous owner and operator of website critical of plaintiff. The court found the plaintiff had not overcome the defendant's First Amendment right to speak anonymously because it had not stated a prima facie claim for defamation or Lanham Act violations. 722 F. Supp. 2d 1210 (W.D. Wash. 2010)

Long v. Internal Revenue Service

Successfully moved to require the IRS to continue producing records under the Freedom of Information Act and recovered award of attorneys' fees on two occasions. 2008 WL 4083172 (W.D. Wash. 2008)

Parmelee v. O'Neel

Represented ACLU as amicus curiae in successful argument that state criminal libel statute is unconstitutional. 186 P.3d 1094, 145 Wash. App. 223 (2008)

Hearst Communications v. The Seattle Times Company

Defended the Seattle Times Company in litigation filed by the Hearst Corporation regarding the Joint Operating Agreement under which the Seattle Times Company published both the Seattle Times and the Seattle Post-Intelligencer. The case resulted in a unanimous Washington Supreme Court decision on the threshold issue of contract interpretation. (2005-2007) Read more

King County (Wash.) Superior Court sealed files for The Seattle Times Company

Successfully moved to open dozens of sealed court files on behalf of The Seattle Times in connection with its Pulitzer Prize-finalist investigative series, 'Your Courts, Their Secrets.' (King Cnty. (Wash.) Super. Ct. 2007) Read more

Seattle Gourmet Foods, Inc. v. The Bon, Inc.

Represented former manufacturer of Frango chocolates in trademark, trade dress, trade secret and false advertising dispute involving rights to make a competing chocolate under the Frederick & Nelson trademark. Case ended in confidential settlement. (King Cnty. (Wash.) Super. Ct. 2004)

Feltner v. Columbia Pictures Television, Inc.

Obtained for Columbia Pictures Television a $31.6 million jury verdict in copyright statutory damages for willful vicarious and contributory copyright infringement by the sole shareholder of three television stations which continued to broadcast Columbia’s programs after Columbia terminated the program licenses for nonpayment. Representation included two trials, three appeals to the 9th Circuit Court of Appeals and appearing before the U.S. Supreme Court (arguing against now Chief Justice John G. Roberts, Jr.). Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998); Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc., 106 F.3d 284 (9th Cir. 1997); 152 F.3d 1171 (9th Cir. 1998); 259 F.3d 1186 (9th Cir. 2001), cert. denied 534 U.S. 1127 (U.S. 2002)

Additional Qualifications

Law Clerk, Attorney General of Washington, Consumer Protection Division, 1995-1996
Newspaper Reporter, 1989-1994

Professional & Community Activities

Vice Chair, Copyright Litigation Committee, ABA IP Law Section
Co-Editor-in-Chief, Washington State Bar Association Public Records Act Deskbook (2013)
Trustee, National Multiple Sclerosis Society, Greater Northwest Chapter
Copyright Society of the USA: National Trustee; Founding Member; Past Chair – Northwest Chapter
Board of Directors, Washington Coalition for Open Government
Advertising and Commercial Speech Committee, Media Law Resource Center
Forum on Communications; Intellectual Property and Litigation Sections – American Bar Association
Guest Lecturer, "Digital Millennium Copyright Act," University of Washington School of Law, 2006

Professional Recognition

Named as one of the "Best Lawyers in America" in Communications Law by Best Lawyers, 2009-present
Selected to "Washington Rising Stars," Thomson Reuters, 2005-2006

Education

J.D., University of Washington School of Law, 1997, with high honors
- Order of the Coif
- Order of the Barristers
- Executive Articles Editor, Washington Law Review
B.A., International Relations, Minor in Economics, University of Pennsylvania, 1988, magna cum laude
- Phi Beta Kappa